United States · United States Congress · 5 January 1993
Constitutional Amendment - Declares that nothing in the Constitution shall prohibit the inclusion of voluntary prayer in any public school program or activity. Provides that neither the United States nor any State shall prescribe the content of any such prayer.
United States · United States Congress · 5 January 1993
Prohibits appropriated funds from being used for acquisition of voter registration lists for the House of Representatives. Requires the Clerk of the House to: (1) terminate any contract or other agreement that violates this Act; and (2) dispose of any voter registration list acquired under such a contract or agreement.
United States · United States Congress · 5 January 1993
Amends rule XXIII of the Rules of the House of Representatives to make it out of order to put the question upon final passage of any bill or resolution until printed copies of the measure have been available for all Members for at least one day. Provides for the suspension of this Act for a particular bill or resolution in a national emergency upon the joint request of the Speaker and Minority Leader and with an affirmative two-thirds vote.
United States · United States Congress · 5 January 1993
Declares that the Congress opposes any attempt to lower the estate tax exemption or raise the effective rate of taxes on estates because such measures contradict the fundamental goal of the United States Government of encouraging long-term private saving through which productive investment that promotes economic growth can be realized.
United States · United States Congress · 5 January 1993
Recognizes the benefits of cultural diversity and the contributions that many languages have made to American society. Encourages citizens whose native language is other than English to maintain fluency in their language and heritage, to pass it down from generation to generation, and to learn English as well. Commends efforts to maintain one language common to all people in addition to preserving and maintaining the many languages and cultures existing in the United States.
United States · United States Congress · 6 October 1992
Tax Fairness Restoration and Economic Growth Act - Title I: Tax Reductions - Subtitle A: Capital Gains Provisions - Amends the Internal Revenue Code to exclude capital gain from gross income and exempt capital gain from tax. Makes such exemption applicable to computing the alternative minimum tax. Subtitle B: Restoration of Income Averaging - Sets forth provisions to restore income averaging. Subtitle C: Elimination of Double Tax on Dividends - Allows a shareholder credit (for taxpayers other than corporations) for dividends from domestic corporations. Provides for determining such credit based on the corporation's post-1992 Federal income taxes and post-1992 undistributed earnings. Includes such credit in the determination of gross income. Allows corporations a 100 percent deduction for amounts received as dividends from domestic corporations. Revises computations on dividends received by corporations on the preferred stock of a public utility. Subtitle D: Permanent Extension of Research Credit - Makes permanent law the credit for increasing research activities. Subtitle E: Reduction of Individual Tax Rate - Reduces individual income tax rates by eliminating the highest tax bracket. Subtitle F: Retirement Savings Incentives - Part I Restoration of IRA Deduction - Amends the Internal Revenue Code to remove the limitations on deductions for individual retirement plans and provides a cost-of-living adjustment for deductible amounts. Part II: Nondeductible Tax-Free IRAs - Establishes special individual retirement accounts that are nondeductible. Makes such accounts nontaxable if earnings on contributions are held for at least five years. Applies the early withdrawal penalty to distributions made before the end of the five year-period. Part III: Penalty-Free Distributions - Provides exemptions from the ten-percent penalty on early withdrawals from individual retirement plans for: (1) first home purchases; (2) higher education expenses; and (3) financially devastating medical expenses. Subtitle G: Repeal of Excise Penalty Taxes on Autos - Repeals the excise tax on luxury items (passenger vehicles, boats, aircraft, jewelry, and furs). Subtitle H: Repeal of Limitation On Itemized Deductions - Repeals the overall limitation on itemized deductions. Subtitle I: Repeal of Passive Loss Limitations - Repeals passive loss limitations. Subtitle J: Restoration of 10-Percent Investment Credit - Restores the ten percent investment tax credit for property placed in service after enactment of this Act. Subtitle K: Restoration of Accelerated Cost Recovery System - Restores the accelerated cost recovery system as in effect on the day after the enactment of the Economic Recovery Tax Act of 1981. Subtitle L: Credit for First-Time Homebuyer - Allows a credit for a first-time homebuyer of ten percent of the price of the principal residence. Limits such credit to $2,500. Requires the residence to be acquired on or after February 1, 1992, and before January 1, 1993. Title II: Taxpayer Bill of Rights - Subtitle A: Additional Safeguards to Protect Taxpayers' Rights - Part I: Taxpayers' Advocate - Amends the Internal Revenue Code to establish in the Internal Revenue Service (IRS) the Office of Taxpayers' Advocate, headed by the Taxpayers' Advocate, appointed by the President, by and with the advice and consent of the Senate. Requires the Office to: (1) assist taxpayers in resolving problems with the IRS; (2) identify areas in which taxpayers have problems in dealings with the IRS; (3) propose changes in the administrative practices of the IRS to mitigate such problems; and (4) identify potential legislative changes which may be appropriate to mitigate such problems. Requires the Taxpayers' Advocate to annually report to specified congressional committees on Office activities. Requires the Commissioner of Internal Revenue to establish procedures requiring a formal response to all recommendations submitted to the Commissioner by the Taxpayers' Advocate. Authorizes the terms of a Taxpayer Assistance Order to require the Secretary of the Treasury to take certain actions (currently, only to cease or refrain from taking such actions). Part II: Modifications to Installment Agreement Provisions - Requires prior notification to taxpayers under an installment agreement to pay tax liability before altering, modifying, or terminating such an agreement. Provides for administrative review of denials of requests for installment agreements. Suspends the failure to pay penalty during any period an installment agreement is in effect. Part III: Interest - Extends from ten days to 21 days the period for which interest will not be imposed after notice and demand for payment, if such payment is less than $100,000. Provides for the abatement of interest in the case of an assessment due to the error or delay of an IRS managerial act. Increases the interest rate for overpayment of tax from two percent to three percent (making such rate equal to the interest rate for underpayment of tax). Waives interest on all overpayments refunded within 45 days after a return is filed. Part IV: Joint Returns - Requires separate deficiency notices in the case of a joint income tax return if the most recent data available to the IRS shows that such spouses did not file a joint return with each other. Allows the disclosure of collection activities to an individual requesting such information in the case of a joint return where such individual is no longer married to or resides in the same household as the other joint filer. Removes limitations on filing a joint return after filing separate returns. Part V: Collection Activities - Authorizes the Secretary, if it is determined to be in the best interest of the taxpayer and the United States, to: (1) withdraw a notice of a lien; (2) return property that has been levied upon; and (3) offer compromises in civil or criminal cases. Requires the Secretary, at the request of the taxpayer, to make reasonable efforts to notify credit reporting agencies and financial institutions of such withdrawal notice. Part VI: Erroneous and Fraudulent Information Returns - Requires payee statements to provide the phone number of the person providing payment. Establishes civil damages for the fraudulent filing of information returns. Requires the Secretary to take reasonable steps to corroborate the accuracy of an information return when making a determination of a deficiency by a third party, when such return is disputed by the taxpayer. Part VII: Modifications to Penalty for Failure to Collect and Pay Over Tax - Declares that a person shall not be liable for any penalty for failure to collect and pay over tax if such person: (1) is not a significant owner, or highly compensated employee of the trade or business; (2) notifies the Secretary within ten days after such failure; and (3) such notification was before any notice by the Secretary with respect to such failure. Requires the Secretary to disclose certain information where more than one person is liable for a penalty. Part VIII: Awarding of Costs and Certain Fees - Repeals the "substantially justified" test for determining whether a taxpayer may recover costs and fees incurred as part of an administrative or court proceeding. Provides for the awarding of reasonable litigation or administrative costs to a prevailing party who represents himself in an administrative or court proceeding. Makes IRS employees personally liable in certain cases. Provides that any failure to agree to an extension of time for the assessment of any tax shall not be taken into account in determining whether a prevailing party has exhausted all administrative remedies. Part IX: Other Provisions - Revises provisions on the required content of tax due, deficiency, and other notices. Provides for the treatment of returns prepared for or executed by the Secretary for purposes of certain tax penalties. Provides protection for taxpayers who rely on certain guidance published by the IRS. Subtitle B: Form Modifications - Directs the Secretary to: (1) ensure that taxpayers are aware of permission to pay tax in installments, extensions of time for payment of tax, and compromises of tax liability; (2) improve procedures for taxpayers to notify the Secretary of changes in names and addresses; (3) include in a specified publication a section on the rights and responsibilities of divorced individuals; (4) ensure that employees are aware of their responsibilities under the Federal tax system and that the public is aware of penalties for failure to collect and pay over tax; and (5) notify taxpayers of any payments that cannot be associated with any outstanding tax liability. Subtitle C: Additional Improvements - Requires the Secretary to report to the tax-writing committees on: (1) a pilot program for appeals of certain enforcement actions (including lien, levy, and seizure actions); (2) a study on ways to assist the elderly, physically impaired, foreign-language speaking, and other taxpayers with special needs to comply with IRS laws; (3) the scope and content of the IRS taxpayer-rights education program for its officers and employees; and (4) cases involving complaints about misconduct of IRS employees and the disposition of such complaints. Requires the Comptroller General to report to the tax-writing committees on: (1) a study of notices of deficiency; (2) the accuracy and clarity of 25 of the most commonly used IRS forms, notices, and publications; and (3) a study of IRS employee-suggestion programs.
United States · United States Congress · 25 September 1992
Expresses the sense of the Congress that if Saudi Arabia acquires F-15 aircraft from the United States it should demonstrate its peaceful intentions by lifting its economic boycott against Israel and against U.S. companies that trade with Israel.
United States · United States Congress · 24 September 1992
Amends the Internal Revenue Code to provide that graduated corporate tax rates apply in determining the tax imposed on the principal campaign committee of a candidate for Federal, State, or local elective office. (Currently, such tax is only imposed on such committees of candidates for congressional offices.)
United States · United States Congress · 10 September 1992
United States Fish and Wildlife Service Law Enforcement Clarification and Enhancement Act -Amends the Fish and Wildlife Act of 1956 to establish the Division of Law Enforcement in the Office of the Director of the United States Fish and Wildlife Service.
United States · United States Congress · 9 September 1992
Dire Emergency Supplemental Appropriations Act, 1992, for Disaster Assistance to Meet the Present Emergencies Arising from the Consequences of Hurricane Andrew and other Natural Disasters - Makes supplemental appropriations for FY 1992 for emergencies arising from natural disasters such as Hurricane Andrew and Typhoon Omar. Designates such amounts as emergency requirements for all purposes of the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act). Title I: Department of Agriculture, Rural Development, Food and Drug Administration, and Related Agencies - Makes additional appropriations available to the Department of Agriculture for: (1) the Agricultural Research Service for buildings and facilities; (2) the Commodity Credit Corporation for crop losses and the tree assistance program; (3) the Soil Conservation Service for watershed and flood prevention operations; (4) the Agricultural Stabilization and Conservation Service for the emergency conservation program; (5) the Farmers Home Administration for the agricultural credit insurance fund program account, the rural housing insurance fund program account, the rural development insurance fund program account, the rural development loan fund program account, rural water and waste disposal grants, very-low-income housing repair grants, rural housing for domestic farm labor, emergency community water assistance grants, and salaries and expenses; and (6) the Food and Nutrition Service for the food stamp program. Declares that funds provided by this title are available only to the extent funds are not provided by the Federal Emergency Management Agency. Title II: Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies - Makes additional funds available to: (1) the Department of Commerce for the Economic Development Administration, the Minority Business Development Agency, and the National Oceanic and Atmospheric Administration; (2) the Department of Justice for general administration, legal activities, the Federal Prison System, and the Office of Justice Programs; (3) the Department of State for the administration of foreign affairs; (4) the Judiciary for Courts of Appeals, District Courts, and other judicial services; and (5) the Small Business Administration for the disaster loans program account. Title III: Department of Defense - Military - Makes additional amounts available for incremental costs of military, reserve, and national guard personnel and for operation and maintenance of military forces. Title IV: Energy and Water Development Department of Defense - Civil - Makes additional funds available to the Army Corps of Engineers-Civil for general construction, flood control and coastal emergencies, operation and maintenance, and flood control for the Mississippi River and tributaries, Arkansas, Illinois, Kentucky, Louisiana, Mississippi, Missouri, and Tennessee. Title V: Department of the Interior and Related Agencies - Makes additional appropriations available to the Department of the Interior for: (1) the United States Fish and Wildlife Service; (2) the National Park Service; (3) the United States Geological Survey; and (4) the Bureau of Indian Affairs. Title VI: Departments of Laobr, Health and Human Services, Education, and Related Agencies - Makes additional funds available to: (1) the Department of Health and Human Services for the Public Health Emergency Fund; (2) the Department of Education for educational excellence, impact aid, student financial assistance, and departmental management. Title VII: Department of Defense - Military - Makes supplemental amounts available to cover incremental costs at Homestead Air Force Base, Florida, for military construction and family housing. Title VIII: Department of Transportation and Related Agencies - Makes additional funds available to the Department of Transportation for: (1) the Coast Guard; (2) the Federal Aviation Administration; (3) the Federal Transit Administration; and (4) the Research and Special Programs Administration. Title IX: Treasury Department, U.S. Postal Service, the Executive Office of the President, and Certain Independent Agencies - Makes supplemental funds available to: (1) the Department of the Treasury for the U.S. Customs Service and the Internal Revenue Service; and (2) the General Services Administration (GSA) for the Federal Buildings Fund and the Federal Supply Service. Authorizes the Secretary of the Treasury and the Administrator of GSA to hire temporary employees as necessary for government operations in areas affected by Hurricane Andrew and Typhoon Omar. Amends the Treasury, Postal Service and General Government Appropriations Act, 1992 to repeal restrictions on travel expenses on employees subject to such Act. Authorizes heads of Federal agencies to establish emergency administrative leave as necessary for employees affected by the Hurricane and the Typhoon. Title X: Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies - Makes additional amounts available to: (1) Department of Veterans Affairs for the Veterans Health Administration and departmental administration; (2) the Department of Housing and Urban Development for housing programs, housing counseling assistance, guaranteed housing loans, and management administration; and (3) the Federal Emergency Management Agency for disaster relief, the disaster assistance direct loan program account, the community disaster loan program account, and salaries and expenses.
United States · United States Congress · 12 August 1992
SSI Disability Reform Act of 1992 - Amends title XVI (Supplemental Security Income) (SSI) of the Social Security Act (SSA) to: (1) allow government agencies to serve as paid representative payees; (2) set the maximum fee payable to representative payees at ten percent of the monthly benefit involved; and (3) revise the provision of SSI benefits to the disabled based on substance abuse. Amends SSA title XIX (Medicaid) to provide for mandatory Medicaid coverage of approved substance abuse treatment programs for certain disabled SSI beneficiaries.
United States · United States Congress · 12 August 1992
Authorizes the President, on behalf of the Congress, to present a gold medal to John Birks "Dizzy" Gillespie in recognition of his accomplishments as a musician. Authorizes appropriations. Authorizes the Secretary of the Treasury to provide for the sale of bronze duplicates of the medal.
United States · United States Congress · 4 August 1992
Blue Ribbon Commission to Eliminate Duplicative and Noncompetitive Federal Regulations Act - Establishes the Blue Ribbon Commission to Eliminate Duplicative and Noncompetitive Federal Regulations. Requires the Commission to: (1) survey the private sector to determine which Federal regulations are duplicative or impede competition; (2) conduct in-depth reviews of regulations promulgated by executive agencies; (3) review existing Government Accounting Office, Congressional Budget Office, Inspector General Reports, and other governmental and nongovernmental recommendations for reducing duplicative or noncompetitive Federal regulations, and, based on such review, periodically report to the President and the Congress on those recommendations, with estimated savings, that the Commission determines are most significant; and (4) submit to the President and the Congress recommendations for streamlining Federal regulations and reducing costs and unnecessary paperwork that result from such regulations for both the Federal Government and the private sector.
United States · United States Congress · 31 July 1992
Criminal Alien Deportation and Exclusion Amendments of 1992 - Amends the Immigration and Nationality Act to provide for the expedited deportation (and subsequent exclusion) of convicted aliens.
United States · United States Congress · 9 July 1992
Small Business Regulatory Cost Relief Act of 1992 - Amends the Internal Revenue Code to replace the small business tax credit for expenditures to provide access to disabled individuals with the small business tax credit for regulatory costs. Makes such credit 50 percent of qualified regulatory costs for a taxable year as exceed $250. Declares that such costs include eligible access expenditures for the disabled.
United States · United States Congress · 8 July 1992
Life Imprisonment for Egregious Recidivists Act of 1992 - Amends the Federal criminal code to require the court, in the case of a conviction for a Federal violent felony, to sentence the defendant to life imprisonment if the defendant has previously been convicted of two other violent felonies.
United States · United States Congress · 24 June 1992
Fish and Wildlife Law Enforcement Clarification Act of 1992 - Authorizes law enforcement officers of the U.S. Fish and Wildlife Service to: (1) carry firearms; (2) execute and serve any order, warrant, subpoena, summons, or other process issued by a court or officer of competent jurisdiction for the enforcement of any Federal law; (3) make an arrest without a warrant for any offense under Federal or State law committed within the officer's presence, or for any felony cognizable under Federal law if the officer has reasonable grounds to believe that the person arrested has committed or is committing such felony; (4) cooperate with any State or political subdivision thereof (State) in the enforcement of the laws of the State; and (5) perform any other law enforcement duty specified by the Secretary of the Interior. Permits such officers, for purposes of law enforcement within any area that is part of the National Wildlife Refuge System or any other area owned or controlled by the Service, to: (1) perform acts to maintain law and order and protect persons and property; and (2) conduct an investigation of any offense under Federal law committed within such area in the absence of investigation thereof by any other Federal law enforcement agency having investigative jurisdiction over the offense committed or with the concurrence of such other agency. Authorizes the Secretary to: (1) designate any law enforcement officer of any Federal agency or State to act as a special police officer in areas of the System and to exercise authority established by this Act, subject to specified conditions; (2) cooperate with any State in the enforcement, within the System, of the laws or ordinances of the State; and (3) provide reimbursement to a State for expenditures incurred in connection with activities of the State pursuant to such designation. Sets forth provisions regarding the treatment of special police officers under this Act (in general, not as Federal employees or subject to Federal employment laws) and with respect to tort claims, workers' compensation, and specified provisions of the Federal criminal code.
United States · United States Congress · 18 June 1992
Gulf of Mexico Environmental and Economic Restoration and Protection Act of 1992 - Expresses the sense of the Congress with respect to environmental restoration of the Gulf of Mexico. Establishes a program for protection and preservation of the economic and environmental resources of the Gulf, to be known as the Gulf of Mexico Program. Directs the Administrator of the Environmental Protection Agency (EPA) to establish a Gulf of Mexico Program Office within EPA. Establishes a Gulf of Mexico Executive Board to: (1) prepare and update a joint plan for the Federal, State, interstate, local, and nongovernmental development of economic, ecological, and aesthetic resources of the Gulf and protection of the ecosystem; (2) develop long-range schedules for the collection and analysis of data and for planning and completion of projects in the Gulf and surrounding areas; and (3) approve and fund studies of economic, ecological, and aesthetic resource problems in the Gulf and surrounding areas. Sets forth required contents of the plan and requires the Administrator to submit the plan to the Congress. Provides for State cost-sharing of Gulf restoration activities. Requires the Administrator to award grants for the conduct of research to develop baseline scientific data regarding environmental quality of the Gulf for use in evaluating and implementing the plan. Authorizes grants to be awarded to any Gulf State agency, non-profit research organization, or university which meets eligibility requirements. Sets forth grant proposal, application, and cost-sharing requirements. Authorizes and allocates appropriations.
United States · United States Congress · 18 June 1992
Directs the National World War II Memorial Fund, Inc., to construct a memorial on Federal land in the District of Columbia or its environs to: (1) honor members of the armed forces who served in World War II; and (2) commemorate U.S. participation in that conflict. Directs the fund to plan, design, and oversee the construction of the Memorial. Establishes the World War II Memorial Advisory Board to: (1) promote and encourage the donation of private funds for the construction of the Memorial; and (2) recommend the site for and assist in the selection of the design of the Memorial. Terminates the Board within 30 days after completion of the Memorial or on the lapse of the authority provided by this Act. Authorizes the Fund to solicit and accept private contributions for construction of the Memorial. States that the requirements and authority of this Act shall lapse if: (1) construction of the Memorial is not commenced within seven years of its enactment; or (2) before such construction, the Secretary of the Interior certifies that funds are not available in an amount sufficient to ensure its completion.
United States · United States Congress · 11 June 1992
Cash Management Improvement Act Amendments of 1992 - Amends the Cash Management Improvement Act of 1990 (the Act) to remove the two-year deadline for the Secretary of the Treasury to prescribe regulations for the timely disbursement of Federal funds. Extends the deadline for the Secretary to enter into agreements with States for intergovernmental financing and to prescribe regulations for such financing from October 24, 1992, until July 1, 1993, or by the first day of a fiscal year of the State which begins in 1993, whichever is later. Makes the Act effective on such date. Extends for one year the report to the Congress by the Comptroller General on the implementation of such Act.
United States · United States Congress · 11 June 1992
Community Bank Burden Reduction Act of 1992 - Amends the Community Reinvestment Act of 1977 to set forth conditions under which a regulated financial institution shall not be subject to its examination requirements.
United States · United States Congress · 11 June 1992
Directs the Architect of the Capitol to design, construct, and maintain a public debt clock in the basement rotunda of the Cannon House Office Building to be adjusted on a continuous basis to reflect the amount of the public debt of the United States.
United States · United States Congress · 10 June 1992
Establishes a panel to recommend an appropriate process to the House for its selection of the President whenever the right of choice devolves upon the House under the 12th and 20th Amendments to the Constitution. Requires the panel to be composed of three constitutional experts appointed by the Speaker (one of whom shall be upon the recommendation of the minority leader and one to be jointly chosen by the Speaker and minority leader).
United States · United States Congress · 9 June 1992
Declares that the Congress acknowledges and appreciates the commitment, devotion, and sacrifices of present and former military families. Designates November 23, 1992, as National Military Families Recognition Day.
United States · United States Congress · 5 June 1992
National Cancer Institute Amendments of 1992 - Amends the Public Health Service Act to require expansion, intensification, and coordination of research conducted or supported by the National Cancer Institute on: (1) breast cancer, ovarian cancer, and other cancers of the reproductive system of women, including operating at least six research and demonstration centers on breast cancer; and (2) prostate cancer, including operating at least six research and demonstration centers on prostate cancer. Authorizes appropriations to carry out provisions relating to the Institute, including the provisions enacted by this Act. Removes provisions authorizing appropriations for the National Heart, Lung, and Blood Institute. Mandates a study to determine the factors contributing to the elevated breast cancer rates in Connecticut, Delaware, Maryland, Massachusetts, New Hampshire, New Jersey, New York, Rhode Island, Vermont, and the District of Columbia. Authorizes appropriations.
United States · United States Congress · 28 May 1992
Amends the Foreign Assistance Act of 1961 to exclude construction and fire equipment from the definition of "excess defense articles" for purposes of restricting the transfer of such equipment to foreign countries.
United States · United States Congress · 28 May 1992
Animal Medicinal Drug Use Clarification Act of 1992 - Amends the Federal Food, Drug, and Cosmetic Act to allow, on order of a veterinarian: (1) a new animal drug approved for one use to be used for a different purpose, provided the use does not result in residues in food in violation of established safe levels for the drug; and (2) a new drug approved for human use to be used in non-food producing animals.
United States · United States Congress · 28 May 1992
Used Oil Recycling Act of 1992 - Amends the Solid Waste Disposal Act to prohibit the listing or identification of used oil destined for recycling, used oil to be burned for energy recovery, recycled oil, or affiliated material as hazardous wastes. Requires the Administrator of the Environmental Protection Agency to: (1) promulgate regulations for the management of used oil and to encourage recycling of such oil; and (2) take into account the effect of such regulatons on small businesses. Exempts from such regulations used oil generated, collected, or stored by an individual who removes oil from the engine of a motor vehicle, aircraft, household appliance, or item of domestic equipment if owned by such individual and used only for personal purposes. Sets forth regulation requirements for used oil generators, including to: (1) prohibit the storage of used oil in an underground tank unless it meets specified requirements of the Solid Waste Disposal Act; (2) prohibit the storage of used oil for more than 12 months; (3) make used oil in above ground tanks subject to the Spill Prevention and Countermeasure Control Plan requirements of the Federal Water Pollution Control Act; and (4) require owners or operators of such tanks or other used oil containers to notify the Administrator of releases of used oil in excess of 25 gallons and to clean up such releases and comply with closure or disposal requirements. Authorizes the transfer of used oil by generators only to: (1) a permitted used oil recycling facility or a burner of used oil for energy recovery that complies with specifed regulations; (2) a permitted hazardous waste management facility; or (3) a used oil transporter obligated by contract to deliver used oil to another such transporter or to one of the aforementioned facilities. Sets forth recordkeeping requirements for generators, transporters, and recyclers and requires records to be maintained for at least three years. Applies used oil storage and transfer requirements for generators to transporters, except permits transporters to store such oil for only 60 days before transferring it to another transporter or authorized facility. Requires transporters to: (1) comply with all requirements of the Secretary of Transportation for the shipping of used oil; (2) comply with financial responsibility requirements of the Hazardous Materials Transportation Act; and (3) have identification numbers provided by the Administrator. Sets forth regulation requirements for recyclers of used oil. Exempts from regulations used oil generated by: (1) petroleum refining or exploration, production or transportation facilities, or bulk terminals which is to be refined or processed along with normal process streams at a refining facility; and (2) a manufacturer or processor or by an electric or gas utility that is processed, reclaimed, or refined by such generator or its parent, subsidiary, or corporate affiliate, provided that the oil is reused by such entities and such activities meet certain storage, shipping, financial responsibility, contingency, and release detection requirements under this Act. Applies storage requirements similar to those for generators and transporters to recyclers, as well as requiring: (1) aboveground storage tanks and containers of used oil recyclers to comply with hazardous waste storage standards; (2) recyclers to maintain contingency plans to minimize unanticipated damage from used oil; (3) recyclers to comply with requirements for maintenance and operation of used oil recycling facilities and training of personnel; (4) detection of releases of used oil at recycling facilities and cleanup; (5) testing by recyclers, prior to processing, of all used oil received for levels of arsenic, cadmium, chromium, lead, halogens, polychlorinated biphenyls (PCBs), and other materials, as appropriate, and for the testing of fuel for such materials before it leaves the facility; (6) the separate storage of used oil contaminated with any hazardous waste for a specified time period; (7) financial responsibility equivalent to that required for hazardous waste facilities; and (8) class permits for recycling facilities. Requires the Administrator to conduct annual inspections of used oil recycling facilities to determine compliance with permit requirements. Makes a facility ineligible to apply for a permit if: (1) the facility has utilized any pit, pond, lagoon, or other surface impoundment for containing used oil; and (2) there has been a release from such impoundments which requires corrective action or is otherwise subject to post closure care requirements. Permits States to be authorized by the Administrator to carry out permit programs. Prohibits: (1) the placement of used oil in such impoundments or in any uncovered tank; (2) the mixing of used oil with a hazardous waste unless the mixture is managed as a hazardous waste; and (3) the use of used oil as a dust suppressant. Requires the Administrator to promulgate regulations for the closure of such impoundments and tanks containing used oil, to include requirements for: (1) corrective action or postclosure care; (2) allowable fuel specification levels for lead and halogens for the burning of used oil for energy recovery; and (3) lead levels for the burning of industrial specification used oil. Requires oil fuels failing to meet lead limitations to be burned in specified facilities. Directs the Administrator to implement education activities to inform the public about the hazards associated with the improper handling and disposal of used oil and the benefits derived from legitimate used oil recycling. Authorizes appropriations. Requires the Administrator to publish guidelines to assist State and local governments and other public service organizations in the development of used oil collection programs. Makes used oil generators who comply with this Act eligible for an exclusion from cost recovery authorities of the Comprehensive Environmental Response, Compensation and Liability Act. Directs the Administrator to propose regulations establishing guidelines for the procurement of used oil by Federal agencies and other governmental entities.
United States · United States Congress · 21 May 1992
Withdraws most favored nation status from the Federal Republic of Yugoslavia. Authorizes the President to restore such status after he certifies to the Congress that: (1) such treatment would promote compliance with the provisions of the Final Act of the Conference on Security and Cooperation in Europe; and (2) Yugoslavia has ceased its armed conflict with the other ethnic peoples of the region, and has agreed to respect the borders of the six republics, that formerly comprised the Socialist Federal Republic of Yugoslavia.
United States · United States Congress · 21 May 1992
Fundamental Competitiveness Act of 1992 - Title I: Public Debt Reduction - Allows individual taxpayers to designate a portion of tax liability (not to exceed ten percent) on their tax returns to reduce the public debt. Establishes the Public Debt Reduction Trust Fund consisting of amounts so designated. Amends the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) to provide for a sequestration of revenues equivalent to the estimated aggregate amount so designated. Specifies accounts exempted from such sequestration and establishes reporting requirements with respect to budget procedures. Title II: Capital Formation - Establishes a method of computing the credit for increasing research activities based on aggregate research expenses, as an alternative to the method based on qualified research expenses. Establishes a variable capital gains deduction whose formulas on a sliding scale range from ten percent for assets held for one year up to 100 percent for assets held for ten years. Allows a deduction of 50 percent of the capital gain from stock investments by non-corporate taxpayers in start-up companies where initial stock offerings are held for two years. Requires indexing, based on the gross national product deflator, of the adjusted basis of certain assets (corporate stock and tangle property that is a capital asset of property used in a trade or business) that have been held for more than one year at the time of sale or other disposition, solely for the purpose of determining gain or loss. Permits an income tax deduction in the amount of dividends paid by domestic corporations, except S corporations, regulated investment companies, real estate investment trusts, and personal holding companies. Repeals the income tax deductions currently permitted in connection with: (1) dividends received by a corporation; (2) dividends received by a corporation on the preferred stock of a public utility; and (3) dividends paid by a public utility on its preferred stock. Increases the deductible percentage of amounts received by a corporation from a qualified ten-percent owned foreign corporation. Allows a charitable deduction for corporate contributions of employee volunteer services to an educational organization. Establishes an investment tax credit for manufacturing and other productive equipment. Provides for determining the applicable percentage of such credit, which includes an efficiency improvement percentage. Increases the limitation based on the amount of tax for purposes of the general business credit. Provides for the treatment of losses on stock in manufacturing companies as ordinary (as opposed to capital) losses. Allows a partial exclusion of dividends or interest received by an individual. Provides for ordinary-loss treatment for losses on investments in a qualified startup company. Describes such company as one which: (1) manufacture tangible personal property in the United States; (2) does not involve a business acquired from another person; and (3) has not been in existence for more than one taxable year at the time it issued stock. Title III: Antitrust - Amends the Clayton Act to bar the acquisition by one corporation of stock of another, subject to specified conditions, where there is a significant probability that such acquisition will substantially increase the ability to exercise market power (currently, where the effect of such acquisition may be to substantially lessen competition or to tend to create a monopoly). Defines the ability to exercise market power for purposes of such provision as the ability of one or more firms profitably to maintain prices above competitive levels for a significant period of time. Directs the court, in determining whether there is a significant probability that any acquisition will substantially increase the ability to exercise market power, to consider all economic factors relevant to the effect of the acquisition in the affected markets, including: (1) the number and size distribution of firms and the effect of the acquisition thereon; (2) the ease or difficulty of entry by foreign or domestic firms; (3) the ability of smaller firms in the market to increase production in response to an attempt to exercise market power; (4) the nature of the product and terms of sale; (5) conduct of firms in the market; (6) efficiencies deriving from the acquisition; and (7) any other evidence indicating whether the acquisition will or will not substantially increase the ability, unilaterally or collectively, to exercise market power. Amends the National Cooperative Research Act of 1984 to include a joint production venture within the scope of such Act as an activity that shall not be deemed illegal per se under the antitrust laws. Changes the short title of such Act to the National Cooperative Research, Development, and Production Act. Title IV: Business Liability - Subtitle A: Findings - Makes findings with respect to the increasing amount of litigation in our society and the desirability of encouraging alternative dispute mechanisms and providing uniform legal standards in the areas of professional and product liability. Subtitle B: Professionals' Liability Reform - Professionals' Liability Reform Act of 1992 - Establishes certain limitations and procedures regarding professional liability actions. Preempts certain State laws. Provides that nothing in this Act shall prohibit any State from developing or implementing alternative procedures for: (1) expediting the adjudication of professional liability claims; (2) resolving professional liability disputes; or (3) compensating for harm caused by professional services. Requires professional liability actions to be brought within three years after the claimant discovered, or should have discovered, the harm. Requires the claimant, in any professional liability action, to establish: (1) that the professional negligently rendered professional services and that such negligence was the proximate cause of the harm; or (2) in a claim for economic injury, that the professional negligently rendered professional services to and for the direct and intended benefit of the claimant, and such services were the proximate cause of the harm. Requires the claimant to establish that, at the time such services were provided, knowledge of the circumstances that caused the harm and a practical means to eliminate such circumstances were reasonably available. States that a professional shall not be liable in a professional liability action in which: (1) the professional's services were rendered to an agency of the Federal or State government; (2) Federal or State contract specifications existed which were material to the claim; and (3) the services rendered conformed to such specifications. Permits future damage awards exceeding $100,000 to be made by periodic payments. Requires that damage awards be offset by any amount received as compensation for the same injury. Establishes a contingency fee schedule for plaintiffs' attorneys. States that the principles of comparative liability shall apply unless persons engaged in concerted action which proximately caused the harm. Permits the awarding of punitive damages only where the conduct of the defendant: (1) manifested a malicious and reckless disregard for safety; and (2) constituted an extreme departure from accepted standards of safety. States that punitive damages may not be awarded in the absence of a compensatory award, or for the negligent provision of professional services. Requires the trier of fact, at the request of the professional, to consider in a separate proceeding whether punitive damages are to be awarded. Limits the claimant's actual recovery of punitive damages to three times the amount of compensatory damages. States that excess punitive damages shall be paid to the State or Federal government. Makes any attorney who files a frivolous claim subject to pecuniary sanctions by the court. Requires each State to encourage professional organizations to form risk management programs. Subtitle C: Product Liability Fairness - Part I: General Provisions - Product Liability Fairness Act - Declares that this Act governs any product liability action brought against a manufacturer or product seller, on any theory, for harm caused by a product. States that a civil action brought against a manufacturer or product seller for loss or damage to a product itself or commercial loss shall be governed by applicable commercial or contract law. Supersedes any inconsistent State law regarding recovery in such actions. Lists specific laws not superseded, including: (1) defense of sovereign immunity asserted by any State or by the United States; (2) any Federal law (except the Federal Employees Compensation Act and the Longshore and Harbor Workers' Compensation Act); (3) the Foreign Sovereign Immunities Act of 1976; (4) State choice-of-law rules; (5) the right of any court to transfer venue or to apply the law of a foreign nation or to dismiss a claim of a foreign nation or citizen on the ground of inconvenient forum; and (6) any statutory or common law cause of action, including an action to abate a nuisance, that authorizes a State or person to institute an action for civil damages or civil penalties, clean up costs, injunctions, restitution, cost recovery, punitive damages, or any other form of relief from contamination or pollution of the environment or the threat of it. Declares that U.S. district courts shall not have jurisdiction over any civil action under this Act, based on specified provisions of Federal law relating to district court jurisdiction. Declares that, if any provision of this Act would shorten the period during which a manufacturer or seller would otherwise be exposed to liability, the claimant may, notwithstanding that period, bring any civil action under this Act within one year after the effective date of this Act. Part II: Out of Court Procedures - Allows any claimant to bring a civil action for damages against a person for harm caused by a product under applicable State law, except to the extent such law is superseded by this title. Sets forth expedited settlement measures, including: (1) an option to include an offer of settlement, for a specific dollar amount, by the plaintiff in the complaint and by the defendant in a responsive pleading; and (2) awarding attorney's fees and costs, in certain circumstances, to the prevailing party if the other party does not accept the settlement offer. Sets forth alternative dispute resolution procedures, including: (1) an option, in lieu of or in addition to a settlement offer, for a claimant or a defendant to offer to proceed under any voluntary alternative dispute resolution procedure established or recognized under the law of the State in which the action is brought or maintained; and (2) awarding of attorney's fees and costs to the offering party if the court determines that a refusal to so proceed was unreasonable or not in good faith. Creates a rebuttable presumption that a refusal to so proceed was unreasonable, or not in good faith, if a verdict is rendered in favor of the offeror. Part III: Court Procedures - Allows a person seeking to recover for harm caused by a product to bring a civil action against the manufacturer or seller under applicable State or Federal law, except to the extent such law is superseded by this Act. Establishes a standard of product seller liability for proximate causes of harm, established by a preponderance of the evidence, which fall under the categories of negligence or express warranty. Allows the trier of fact, in a negligence action, to consider the conduct of the seller with respect to: (1) the construction, inspection, or condition of the product; and (2) failure to pass on warnings or instructions from the manufacturer. Deems the seller not liable for failure to provide warnings or instructions unless the claimant establishes that the seller failed to: (1) provide warnings or instructions received while the product was in the seller's possession and control; or (2) make reasonable efforts to provide users with warnings and instructions which it received after the product left its possession and control. Deems a seller not liable except for breach of warranty where there was no opportunity to inspect the product in a manner which would or should, in the exercise of reasonable care, have revealed the aspect which allegedly caused the harm. Declares that the seller shall be treated as the manufacturer and be liable for harm caused by a product as if it were the manufacturer if: (1) the manufacturer is not subject to service of process in any State in which the action might have been brought; or (2) the court determines that the claimant would be unable to enforce a judgment against the manufacturer. Allows punitive damages, if otherwise permitted by applicable law, to be awarded in any civil action under this title to any claimant who establishes by clear and convincing evidence that the harm suffered was the result of conduct manifesting a manufacturer's or product seller's conscious, flagrant indifference to the safety of those persons who might be harmed by a product. Declares that a failure to exercise reasonable care in choosing among alternative product designs, formulations, instructions, or warnings is not of itself such conduct. Prohibits awarding punitive damages in the absence of a compensatory award, subject to exception. Prohibits punitive damages against a manufacturer or seller of a drug or medical device where: (1) the drug or device was subject to pre-market approval by the Food and Drug Administration (FDA); or (2) the drug is generally recognized as safe and effective under conditions established by the FDA. Prohibits punitive damages against a manufacturer of an aircraft where: (1) the aircraft was subject to pre-market certification by the Federal Aviation Administration (FAA); and (2) the manufacturer complied, after delivery, with FAA requirements and obligations with respect to continuing airworthiness. Provides for separate proceedings, if requested by the manufacturer or seller, with regard to punitive damages. Lists factors the trier of fact is allowed to consider in determining the amount of punitive damages. Bars any civil action under this title: (1) unless filed within two years after the claimant discovered or should have discovered the harm and its cause, subject to exception; and (2) if the product involved is a capital good that is alleged to have caused harm which is not a toxic harm unless filed within twenty-five years after delivery of the product, provided the claimant has received or would be eligible for State or Federal workers' compensation. Excludes a motor vehicle, vessel, aircraft, or railroad used primarily to transport passengers for hire from these time limitations. States that nothing in these provisions affects the right of any person who is subject to liability under this Act to obtain contribution or indemnity from any other person who is responsible for the harm. Requires reduction in the damages awarded by the sum of all State or Federal workers' compensation benefits to which the employee is or would be entitled. Requires a claimant in a civil action under this title who is or may be eligible to receive State or Federal workers' compensation to notify the claimant's employer of the civil action. Requires an action to be stayed, at the sole discretion of the claimant, until a final determination is made on the amount payable as workers' compensation benefits. Declares that, unless the manufacturer or seller has expressly agreed to indemnify or hold an employer harmless, neither the employer nor the workers' compensation insurance carrier shall have a right of subrogation, contribution, or implied indemnity against the manufacturer or seller or a lien against the claimant's recovery, except if the claimant's harm was not in any way caused by the fault of the claimant's employer or co-employees. Allows the employer or workers' compensation insurer to intervene in the action to prove that fact. Prohibits a third party tortfeasor, where workers' compensation is involved, from maintaining any action for implied indemnity or contribution against the employer, any coemployee, or the exclusive representative of the injured person. Prohibits, for a person who is or would have been entitled to receive workers' compensation, any other action, unless a State or Federal workers' compensation law permits recovery based on a claim of an intentional tort. Makes these provisions inapplicable and declares that applicable State law shall control if the employer or the workers' compensation insurer asserts a right of subrogation, contribution, or implied indemnity against the manufacturer or seller or a lien against the claimant's recovery. Declares that, in any product liability action, the liability of each defendant for noneconomic damages shall be several and not joint. Requires the trier of fact to determine the proportion of responsibility of each party for the claimant's harm. Establishes a complete defense, in any civil action under this Act in which all defendants are manufacturers or sellers, that the claimant was under the influence of alcohol or any drug and that, as a result, the claimant was more than 50 percent responsible for the event which resulted in the harm. Defines "drug" to mean any non-over-the-counter drug which has not been prescribed by a physician. Title V: Long-Term Investment - Long-Term Investment Promotion Act of 1992 - Amends the Securities Exchange Act of 1934 to eliminate the requirement that publicly-held corporations report their financial status on a quarterly basis. Title VI: Competitiveness Risk Assessment - Declares that no agency shall propose or promulgate a regulation without first analyzing its direct and indirect effects on the health and safety of consumers and workers, including effects due to wage and job losses, price increases, product restrictions, technological delays, and substitution effects. Title VII: Department of Manufacturing And Commerce - Department of Manufacturing and Commerce Act of 1992 - Renames the Department of Commerce as the Department of Manufacturing and Commerce. Requires the President to establish a Manufacturing Advisory Commission to examine Federal agencies, programs, and offices responsible for manufacturing-related research and development, technology transfer, education, and trade in order to prepare a report for the Congress on the feasibility of consolidating such agencies, programs, and offices into a single Office of Manufacturing within the Department of Manufacturing and Commerce. Title VIII: Amendments to the Stevenson-Wydler Technology Innovation Act of 1980 - Amends the Stevenson-Wydler Technology Innovation Act of 1980 to change from discretionary to mandatory a Federal agency's authority to permit the director of any of its laboratories to enter into cooperative research and development agreements on its behalf. Authorizes each Federal agency to copyright on behalf of the United States any computer software prepared in whole or in part by Government employees involved in cooperative research and development agreements. Includes software royalties in the current distribution format (agency, laboratory, author, and Treasury) under such Act.
United States · United States Congress · 21 May 1992
Gulf of Mexico Preservation Act of 1992 - Directs the Administrator of the Environmental Protection Agency (EPA) to establish a Gulf of Mexico Program to: (1) assess trends in environmental quality in the Gulf; (2) collaborate with specified entities to identify causes of environmental problems; and (3) provide for the development of a management, protection, and restoration plan. Establishes a Gulf of Mexico Program Office within EPA. Authorizes the Administrator to: (1) conduct a study of environmental problems in the Gulf that are not confined to the jurisdiction of any Federal, State, or foreign entity; and (2) enter into memoranda of understanding and cooperative agreements and participate in a joint commission with the Mexican Government and any other appropriate foreign country to address such problems. Directs the Administrator to report to the appropriate congressional committees on the status of activities in the Gulf. Requires the Administrator to prepare an assessment of Gulf environmental quality that shall: (1) describe the existing state of knowledge concerning the Gulf's environmental quality; (2) include an inventory of relevant environmental research and monitoring programs; (3) identify gaps in knowledge and research needed for the development of the management plan; and (4) assess the environmental impact of specified types of pollution, erosion, dissolved oxygen, bacterial infection in fish, and oil spill response activities. Directs the Administrator to design a strategy for monitoring the environmental quality of the Gulf. Authorizes the Administrator to carry out the assessment and strategy by making grants to specified public and private entities. Requires the Administrator to develop a management, protection, and restoration plan for the Gulf. Requires the Plan to: (1) establish priority schedules for addressing environmental problems in the Gulf; (2) outline specific activities to be conducted under the Program; (3) provide for cooperative activities by public and private entities under the Program; (4) set forth recommendations for actions by Federal, State, and local agencies to prevent, abate, or remediate pollution in the Gulf or to improve environmental quality; and (5) include a summary of the assessment and the monitoring strategy. Provides for periodic reviews of the Plan. Directs the Administrator to make grants to States for purposes of furthering the development and implementation of the Plan. Prohibits grants from being used to relieve any person of liability for environmental damages, response costs, or related relief under Federal or State law. Authorizes appropriations. Earmarks at least 70 percent of appropriations for the grant program. Requires the Administrator to request that funding of the Program Office be included as a separate line item in any annual budget proposal submitted by the President to the Congress.
United States · United States Congress · 20 May 1992
Authorizes and instructs the Speaker of the House of Representatives, the majority leader of the Senate, and the appropriate agents of the Congress to cooperate fully with the Internal Revenue Service and the Defense Manpower Data Center in their efforts to match Government employee names and Social Security numbers with computerized bad debt records, among other ways by providing computer tapes for Members of Congress and their staff for use in such computer matches as part of the debt collection effort. Directs the Congress to comply voluntarily with the provisions of the Federal Debt Collection Act of 1982, so that the law applies to Members of Congress and their staff as it applies to executive branch and judicial branch employees.
United States · United States Congress · 13 May 1992
Amends the Internal Revenue Code to terminate the authority for individuals to designate income tax payments to the Presidential Election Campaign Fund. Allows individual taxpayers to designate a portion of any tax overpayment (not less than one dollar) and to make cash contributions with their tax returns to reduce the public debt. Allows individuals who do not itemize deductions a deduction for contributions to reduce the public debt.
United States · United States Congress · 11 May 1992
Declares the 27th article of amendment to the Constitution, providing that no law varying the compensation for the services of Members of Congress shall take effect until an election of Representatives has intervened, to be part of the Constitution.
United States · United States Congress · 7 May 1992
Civil War Battlefield Commemorative Coin Act of 1992 - Directs the Secretary of the Treasury to issue a specified number of five-dollar gold coins, one-dollar silver coins, and half-dollar clad coins to commemorate the 100th anniversary of Civil War battlefield preservation. Sets forth certain features of such coins and provides for their design, issuance, and sale. Requires that all sales include a surcharge of $35 per coin for the five-dollar coins, $7 per coin for the one-dollar coins, and $1 per coin for the half-dollar coins. Requires that all surcharges be paid to the Civil War Battlefield Foundation for the preservation of historically significant Civil War battlefields.