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 · 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 · 2 July 1992
Regulatory Accountability Act of 1992 - Sets forth specific requirements Federal agencies must adhere to in taking any regulatory action. Provides an exemption from certain requirements for regulatory actions for which the President publishes in the Federal Register a statement of waiver that: (1) outlines the reasons for waiving such requirements because of emergency need for such specific regulatory action; and (2) includes a timetable for satisfying remaining requirements as early as possible. Requires the President to provide for independent evaluation of the regulatory process and the effect of regulations on different areas of the economy. Provides funding for such evaluation.
United States · United States Congress · 1 July 1992
Comprehensive Child Welfare Services Amendments of 1992 - Amends title IV of the Social Security Act (SSA) to establish a new comprehensive child welfare services program under part E (Foster Care and Adoption Assistance). Authorizes appropriations. Amends SSA title IV part B (Child-Welfare Services) to provide for coordination with other programs providing services to children and families. Amends SSA title IV part E to eliminate certain provisions under such part that provide for the transfer of funds to SSA title IV part B. Amends SSA title XI to revise demonstration waiver provisions. Amends SSA title IV parts B and E to provide for recovery of training costs. Amends SSA title IV part E to make permanent the independent living program and to maintain basic and additional ceiling amounts at the latter amounts authorized under current law. Provides that in determining the eligibility of an individual aged 16 for foster care maintenance payments under such part, the State agency shall disregard from the resources of the individual an amount of funds not exceeding an amount the agency determines to be reasonable for the purpose of achieving self-sufficiency. Amends the Adoption Assistance and Child Welfare Act of 1980 to repeal provisions respecting the annual report on voluntary placement.
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 · 4 June 1992
Action Now Health Care Reform Act of 1992 - Title I: Improved Access to Affordable Health Care Coverage - Subtitle A: Increased Affordability and Availability for Employees - Directs the Secretary of Health and Human Services (the Secretary) to request the National Association of Insurance Commissioners (the NAIC) to develop model regulations requiring each carrier that makes available in a State any small employer health benefit plan to make available to each small employer in the State a MedAccess basic plan and a MedAccess standard. Directs the Secretary to develop such regulations, if the NAIC does not. Defines MedAccess plan as a health benefits plan that: (1) provides benefits typical of the benefits offered in the small employer health coverage market or provides only benefits for essential preventive and medical services and has an average actuarial value not exceeding 60 percent of the average actuarial value of the typical benefits offered in the small employer health coverage market; (2) accepts every small employer in the State applying for coverage and accepts for enrollment every eligible individual (defined as an individual who is a full-time employee and, if family coverage is offered, covers the employee's spouse and dependents under age 19 or under age 25 for students); and (3) meets consumer protection standards established by this Act relating to limitation of pre-existing condition clauses, continuity of coverage, renewability, and premium limitations. Prohibits the imposition, by a carrier, of a limitation of benefits based on the fact a condition pre-existed the effectiveness of the policy if: (1) the condition relates to a condition not diagnosed within three months before coverage under the plan; (2) the limitation extends beyond six months after coverage under the plan; (3) the limitation applies to an individual who, as of date of birth, was covered under the plan; and (4) the limitation relates to pregnancy. Requires continuous coverage. Prohibits cancellation of a plan or denial of coverage unless there is: (1) nonpayment of premiums; (2) fraud; (3) noncompliance with plan provisions; (4) failure to maintain the required number of enrollees; (5) misuse of a provider network provision; or (6) a cessation by the carrier of the provision of any plan in a State. Amends the Internal Revenue Code to impose an excise tax which shall be paid by the carrier on the failure of a carrier or an employer health benefit plan to comply with the provisions of the Act. Directs the Secretary to request the NAIC to develop models for reinsurance or allocation of risk mechanisms for individuals and small employers who are enrolled under a small employer health benefit plan that meets the consumer protection standards and for whom a carrier is at risk of incurring high costs under the plan. Requires each State to establish and fund one or more reinsurance or allocation or allocation of risk mechanisms that are consistent with a model. Directs the Secretary to develop models, if the NAIC does not. Permits a State, in order to insure the financial solvency of the mechanism, to impose charges on any entity providing employee-related health benefits, so long as such charges do not discriminate with respect to entities that would not be subject to such charges. Directs the Secretary to establish a reinsurance or allocation of risk mechanism, if a State does not. Imposes an excise tax which shall be paid by the carrier on the providing of any health benefit plan which covers any employee in a Federal reinsurance State. Permits either a State or the Secretary (in a Federal reinsurance State) to require each employer health benefit plan to: (1) be registered; and (2) provide such information as is necessary for the reinsurance or allocation of risk mechanisms. Directs the Secretary to: (1) establish an Office of Private Health Coverage to be headed by a Director appointed by the Secretary; and (2) provide for the appointment of an advisory committee to advise the Director. Permits the Director to research the impact of this subtitle and conduct related demonstration projects. Requires the Director to develop: (1) methods of measuring, in terms of the expected costs of providing benefits under small employer health benefit plans and, in particular, MedAccess plans, the relative health risks of eligible individuals; and (2) a model for equitably distributing health risks among carriers in the small employer health care coverage market. Authorizes appropriations for the purposes of this paragraph. Subtitle B: Improved Small Employer Purchasing Power of Affordable Health Insurance - Preempts from insurance mandates a qualified small employer purchasing group, if the group consists of employers with not more than 100 employees, the group consists of not fewer than 100 employers, and the health benefit plans with respect to the employer members are in compliance with applicable State laws relating to health benefit plans. Subtitle C: Health Deduction Fairness - Amends the Internal Revenue Code to make permanent and increase from 25 to 100 percent the health insurance tax deduction for the self-employed. Subtitle D: Improved Access to Community Health Services - Directs the Secretary to provide for a program of grants to migrant and community health centers receiving grants or contracts under provisions of the Public Health Service Act in order to promote the provision of primary health care services for underserved individuals. Authorizes appropriations. Amends the Public Health Service Act to deem as an employee of the Public Health Service, for purposes of civil actions against commissioned officers or employees, any officer, employee, or contractor who is a physician or other licensed health care practitioner while performing functions for an entity receiving Federal funds under provisions of the Public Health Service Act. Requires an entity, in order to receive a grant under such provisions, to implement certain policies to assure against malpractice. Requires: (1) the Attorney General to estimate the amount of all claims expected, during each year, to arise against such an entity from acts of officers or employees; (2) the Secretary to withhold from grants to such entities the amount estimated; and (3) the withheld amount to be transferred to the Treasury to pay judgments against the United States arising from such claims. Directs the Secretary to make grants to public and nonprofit private entities to carry out demonstration projects for the purpose of increasing access to outpatient primary health services in geographic areas with a: (1) population of not more than 500,000 individuals; (2) shortage of personal health services; and (3) significant number of low-income or underinsured individuals. Sets forth requirements for receiving such grants. Authorizes appropriations. Subtitle E: Improved Access to Rural Health Services - Retitles title XII of the Public Health Service Act "Emergency Medical Services" (formerly, "Trauma Care") and directs the Secretary to establish the Office of Emergency Medical Services which shall, with respect to emergency medical services (including trauma care): (1) conduct research; (2) sponsor workshops; (3) assist States; and (4) coordinate activities. Authorizes the Secretary to make grants to States for the purposes of improving the availability and quality of emergency medical services through the operation of State offices of emergency medical services. Sets forth matching fund requirements. Provides for demonstration projects to establish telecommunications between rural medical facilities and other medical facilities that have equipment that can be utilized through telecommunications. Authorizes appropriations for purposes of the programs of this paragraph. Directs the Secretary to make grants to States to assist in the creation or enhancement of air medical transport systems that provide victims of medical emergencies in rural areas access to treatments for the injuries or other conditions arising from such emergencies. Sets forth requirements for grant applications. Authorizes appropriations. Amends title XVIII (Medicare) of the Social Security Act to extend for one year special treatment rules for Medicare-dependent small rural hospitals. Title II: Health Care Cost Containment and Quality Enhancement - Subtitle A: Medical Malpractice Liability Reform - Prohibits bringing a medical malpractice claim: (1) more than two years after the alleged injury should reasonably have been discovered and in no event more than four years after the alleged injury occurred; and (2) in any State court unless there has been an initial resolution through a certified alternative dispute resolution system (ADR). Requires the use of ADR in a Federal medical malpractice liability claim. Requires a pre-trial settlement conference in any medical malpractice liability action. Sets limits on: (1) noneconomic damages; (2) punitive damages; and (3) attorney's fees. Requires offsets for damages paid by a collateral source. Requires liability in a medical malpractice action to be several and not joint. Provides a complete defense to any allegation of negligence in a medical malpractice liability action to any defendant who followed the appropriate practice guideline. Prohibits finding a defendant guilty in a medical malpractice liability action relating to services provided during labor or delivery of a baby if the defendant did not previously treat the plaintiff during the pregnancy, unless the malpractice is proven by clear and convincing evidence. Directs the Secretary to determine whether a States' ADR meets ADR system requirements established by this Act. Establishes such requirements. Amends title XI (General Provisions and Professional Standards Review) of the Social Security Act to earmark funds for sanctioning practice guidelines for purposes of an affirmative defense in medical malpractice liability actions. Permits a State agency responsible for the conduct of disciplinary actions for a type of health care practitioner to enter into agreements with State or county professional societies for such type of health care practitioner to permit such societies to participate in the licensing of such health care practitioner and to review health care malpractice allegations. Requires each State to require each health care professional and provider to participate in a risk management program to prevent and provide early warning of practices which may result in injuries to patients or which otherwise endanger patient safety. Directs the Secretary to make grants for the conduct of basic research in the prevention of and compensation for injuries resulting from health care professional or health care provider malpractice, and research of the outcomes of health care procedures. Authorizes appropriations. Directs the Secretary to study the factors discouraging physicians from volunteering to provide health care services in medically underserved areas. Subtitle B: Administrative Cost Savings - Directs the Secretary to adopt standards relating to each of the following: (1) data elements for use in claims processing under health benefits plans; (2) uniform claim forms; and (3) uniform electronic transmission of the data elements. Authorizes the Secretary to require providers to submit claims to health benefit plans in accordance with such standards. Provides for periodic review of the standards. States that the term "health benefit plan," in this subtitle, includes the Medicare and Medicaid programs (titles XVIII and XIX of the Social Security Act). Requires the Secretary to promulgate standards for hospitals concerning electronic medical data. Permits the Secretary to promulgate standards concerning electronic medical data for providers that are not hospitals. Requires hospitals, in order to participate in Medicare, to: (1) maintain clinical data in a set of comprehensive data elements in electronic form on all patients; and (2) upon the Secretary's request, transmit electronically the data set and any data from such set. Provides for electronic transmission to Federal agencies. Prohibits a health benefit plan, if standards with respect to data elements are promulgated with respect to a class of provider, from requiring for the purpose of utilization review or as a condition of providing benefits under the plan that a provider in the class: (1) provide any data element not in the set of comprehensive data elements; or (2) transmit or present any such data element in a manner inconsistent with applicable standards. Directs the Secretary to establish an advisory commission of hospital executive and data base managers, physicians, health services researchers, and technical experts in the collection and use of data and operation of data systems. Authorizes appropriations for such commission. Requires the Secretary, in order to assure the availability of comparative value information to purchasers of health care in each State, to determine whether each State is developing and implementing a health care value information program that meets stated criteria. Permits grants to a State for the development of its health care value information program. Authorizes appropriations for such grants. Requires the head of each Federal agency with responsibility for the provision of health insurance or health care services to individuals to promptly develop health care value information relating to each program that such head administers. Directs the Secretary to develop model systems to facilitate: (1) the gathering of data on health care cost, quality, and outcome; and (2) analyzing such data to permit the valid comparison of such data. Authorizes appropriations for the development of such model systems. Directs the Secretary to adopt standards relating to the design and use of magnetized Medicare identification cards for the purpose of assisting health care providers in determining eligibility and billing. Authorizes appropriations. Nullifies any State law requiring that medical or health insurance records be maintained in written rather than electronic form. Requires each health benefit plan: (1) for each of its beneficiaries that has a social security number, to use that number as an identification number for claims processing; and (2) for each provider that has a unique identifier for Medicare purposes, to use that identifier for claims processing. Requires the Secretary to determine whether problems relating to the rules for determining liability when benefits are payable under two or more plans or the availability of information among such plans causes significant administrative problems, and if so, directs the Secretary to promulgate standards concerning liability and the transfer of information among plans. Directs the Secretary to provide grants to qualified entities to demonstrate the application of comprehensive information systems in continuously monitoring patient care and in improving patient care. Authorizes appropriations from the Federal Hospital Insurance Trust Fund. Subtitle C: Medical Savings Accounts (Medisave) - Amends the Internal Revenue Code to exclude from the gross income of an employee any amount contributed by the employer to a medical savings account pursuant to a qualified medical savings account plan. Sets contribution limits. Defines a "medical savings account" as a trust created exclusively for purpose of paying an individual's medical expenses. Permits expenses from such account only to the extent such amounts are not compensated for by insurance. Subjects the employee to taxation as owner of the account. Subtitle D: Medicaid Program Flexibility - Amends title XIX (Medicaid) of the Social Security Act to modify Medicaid contracting requirements for coordinated care services. Authorizes the Secretary to waive specified Medicaid requirements with respect to nursing facilities located in a State if the State provides assurances satisfactory to the Secretary that the waiver of such requirements will not adversely affect the quality of life of the residents in such facilities. Subtitle E: Limitations on Physician Self-Referrals - Amends title XVIII (Medicare) of the Social Security Act to extend physician self-referral limitations to all payors as well as to certain additional services. Revises exceptions. Requires the Secretary to conduct a study in order to estimate the changes in aggregate costs for designated health services, under the Medicare program and other health plans, which will result from the implementation of the amendments made by this subtitle. Subtitle F: Removing Restrictions on Managed Care - Preempts managed care restrictions under State law. Requires the Comptroller General to conduct a study of the benefits and cost effectiveness of the use of managed care in the delivery of health services. Subtitle G: Medicare Payment Changes - Amends the Medicare program to make revisions in the methodology for determining updates to Medicare hospital payments. Provides for a reduction in Medicare payment for clinical diagnostic laboratory tests. Subtitle H: Modification of the Operation of the Antitrust Laws to Hospitals - Permits two or more hospitals, without violating the antitrust laws, to share expensive medical services or high technology equipment. Directs the Secretary to grant waivers to exempt hospitals from the antitrust laws in order to carry out agreements permitting such sharing. Sets forth reporting requirements. Subtitle I: Encouraging Enforcement Activities of Medical Self-Regulatory Entities - Prohibits damages, interest on damages, costs, or attorney's fees from being recovered under the Clayton Act or any similar State law from any medical self-regulatory entity as a result of engaging in standard setting or enforcement activities designed to promote the quality of health care provided to patients.
United States · United States Congress · 21 May 1992
Medical Cost Containment Act of 1992 - Amends the Internal Revenue Code to exclude from gross income medical care savings benefits. Describes such benefits as a health plan which provides that all or part of the premium differential realized by instituting a qualified higher deductible health plan is credited to participating employees to pay for medical care for a plan year. Requires amounts remaining at the end of such plan year to be deposited into a tax-exempt medical care savings account (subject to rules similar to those for retirement plans) for use by the participant for medical expenses.
United States · United States Congress · 21 May 1992
Tax Extension Act of 1992 - Amends the Internal Revenue Code to extend from August 1, 1992, until August 1, 1993, the provisions governing the allocation of research and experimental expenditures for purposes of determining sources of income. Extends the following provisions from June 30, 1992, until December 31, 1993: (1) the tax credit for increasing research activities; (2) the targeted jobs credit; (3) the authority to issue qualified mortgage bonds and qualified mortgage credit certificates; (4) the authority to issue qualified small issue bonds to finance manufacturing facilities and farm property; (5) employer-provided educational assistance; (6) the tax exclusion for employer-provided group legal services plans; (7) the energy investment credit for solar and geothermal property; (8) the credit for clinical testing expenses for certain drugs for rare diseases or conditions; and (9) health insurance costs of self-employed individuals. Extends the low-income housing credit until December 31, 1993 with modifications. Expands the ten-year anti-churning rule waiver to certain projects substantially assisted, financed, or operated under the National Housing Act. Allows units occupied by certain full-time students to qualify for such credit. Authorizes the Treasury Department to waive penalties for certain de minimis errors and recertifications. Provides that certain community service facilities in projects in qualified census tracts are included in eligible basis as functionally related and subordinate facilities. Allows certain building owners to elect to use apartment size or family size in determining the credit's gross rent limitation. Provides for the tax treatment of resale price control and subsidy lien programs under mortgage revenue bond provisions. Repeals the tax preference for the appreciated property charitable deduction during 1992 and 1993. Requires a report by the Secretary of the Treasury to certain congressional committees on an advance valuation procedure.
United States · United States Congress · 21 May 1992
Designates February 21 through 27, 1993, as American Wine Appreciation Week. Commends the winegrape and fruit growers and vintners of the United States for the production of high quality agricultural products.
United States · United States Congress · 20 May 1992
National Triad Program Act - Requires the Director of the National Institute of Justice to conduct a national assessment of: (1) the nature and extent of crimes against the elderly; (2) the needs of law enforcement, health, and social service organziations, in working to prevent, identify, investigate, and provide assistance to victims of such crimes; and (3) promising strategies to respond effectively to those challenges. Specifies that such assessment shall address: (1) the analysis and synthesis of data from a range of sources; (2) the problems of elderly who are living alone or in high crime areas and who are abused and neglected, and the fear of victimization; (3) the identification of strategies and techniques tht have been shown to be effective or which show promise; (4) the analysis of the factors that enhance or inhibit development of a coordinated response by law enforcement, health care, and social service providers; and (5) the research agenda needed to develop a comprehensive understanding of the problems of crimes against the elderly. Requires the Director to disseminate the results of such assessment. Authorizes the Director to make awards to coalitions of local law enforcement agencies, victim service providers, and organizations representing the elderly for pilot programs and field tests of promising strategies and models for forging partnerships for crime prevention and service provision. Specifies that pilot programs funded under this Act may include existing general service coalitions of law enforcement, victim service, and elder advocate organizations that wish to use additional funds to work at a particular problem in their community or to target a particular geographic area in need of intensive services. Authorizes the Director to make awards to: (1) coalitions of national law enforcement, victim service, and elder advocate organizations for training and technical assistance in implementing pilot programs; (2) research organizations to investigate the types of elder victimization shown by the assessment to present particularly critical problems or to be emerging crimes about which little is known, to evaluate the effectiveness of selected pilot programs, and to conduct research and development identified as being critical; and (3) public service advertising coalitions to increase public awareness of, and promote ideas or programs to prevent, crimes against the elderly. Authorizes appropriations.
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.
United States · United States Congress · 7 May 1992
Amends the Fair Labor Standards Act of 1938 (FLSA) to provide that a State, local, or interstate governmental agency employee shall not be excluded from the definition of an employee employed in a bona fide executive, administrative, or professional capacity because such employee is not paid on a salary basis (thereby including such government employees under the exemption from minimum wage and overtime requirements of FLSA). Applies such amendment to such employees before, on, and after the enactment date of this Act, unless an action was brought in a court involving the application of specified FLSA provisions to the employee and a final judgment has been entered in such action on or before such enactment date.
United States · United States Congress · 6 May 1992
Dire Emergency Supplemental Appropriations Act, 1992, for Disaster Assistance To Meet Urgent Needs Because of Calamities Such as Those Which Occurred in Los Angeles and Chicago - Makes dire supplemental appropriations for FY 1992 for: (1) the disaster loans program account of the Small Business Administration; and (2) the Federal Emergency Management Agency (FEMA) for disaster relief and the disaster assistance direct loan program account.
United States · United States Congress · 5 May 1992
Designates September 18, 1992, as National POW/MIA Recognition Day. Requires the POW/MIA flag to be flown on a flagstaff of the White House, the Departments of State, Defense, and Veterans Affairs, the Selective Service Commission, each national cemetery, and the National Vietnam Veterans Memorial on such day. Requires the flag to be flown on a flagstaff of each national cemetery and the National Vietnam Veterans Memorial on May 30, 1992 (Memorial Day), and on November 11, 1992 (Veterans Day). States that the flag shall be displayed as a symbol of national concern and commitment to resolving the fates of Americans still prisoner, missing, and unaccounted for.
United States · United States Congress · 29 April 1992
Extends emergency crop loss assistance to producers who lost crops during the period July 1, 1991, to April 15, 1992, to infestations of sweetpotato whitefly. Directs the Secretary of Agriculture to provide specified funds to the Cooperative State Research Service for expanded research on sweetpotato whitefly control.
United States · United States Congress · 9 April 1992
Revises title XX (Adolescent Family Life Demonstration Projects) of the Public Health Service Act. Mandates grants for demonstration projects to help communities provide care or prevention services (or both) in easily accessible locations using such methods as will strengthen the capacity of families to deal with the sexual behavior, pregnancy, or parenthood of adolescents and to make use of support systems such as other family members, friends, and organizations. Lists permitted uses of grant funds, including coordinating among providers, providing supplemental services as determined by the Secretary of Health and Human Services, and planning. Prohibits using grant funds for the provision of family planning services other than counseling and referral unless such services are not otherwise available in the community. Requires, in applying a fee schedule, consideration of the income of the family of an unemancipated minor, unless the parents or guardians refuse to pay. Requires parental notification and permission, except if: (1) an adolescent is solely requesting pregnancy testing or treatment of venereal disease; (2) there is incest involving a parent; (3) certain blood relatives certify that notification would result in physical injury to the minor; and (4) with regard to permission, the parents are attempting to compel an abortion. Directs the Secretary to coordinate Federal policies and programs providing services relating to the prevention of adolescent sexual relations and initial and recurrent adolescent pregnancies and providing care services for pregnant adolescents. Authorizes grants and contracts for certain research and dissemination activities, including descriptive or explanatory surveys, longitudinal studies, or limited demonstration projects. Requires scientific peer review and approval of grant and contract applications. Authorizes appropriations to carry out this Act. Allows grants or payments to be made only to programs that do not: (1) provide abortions or abortion counseling or referral; (2) subcontract with any person who provides abortions or abortion counseling or referral; or (3) advocate, promote, or encourage abortion.
United States · United States Congress · 9 April 1992
Comprehensive Campaign Finance Reform Act of 1992 - Title I: House of Representatives Election Limitation on Contributions from Persons Other than Local Individual Residents - Amends the Federal Election Campaign Act of 1971 (FECA) to prohibit candidates in House of Representatives elections from accepting contributions from persons other than local individual residents that total more than all the contributions accepted from such residents. Title II: Reduction in the Limitation Applicable to Nonparty Multicandidate Political Committee Contributions To Candidates - Amends FECA to provide for a reduction in the limit on multicandidate political committee contributions to candidates for Federal office. Prohibits: (1) separate segregated fund bundling of contributions to candidates for Federal office; (2) transfers of funds among noncandidate, nonparty political committees; and (3) candidates for Federal office from establishing, maintaining, financing, and controlling a political committee other than the candidate's principal campaign committee. Places restrictions on contributions between principal campaign committees. Title III: Restoring the Tax Credit for Individual Contributions; and Strengthening Political Parties - Amends the Internal Revenue Code (IRC) to allow an income tax credit for qualified individual political contributions. Amends FECA to exclude up to $25,000 of individual contributions to party committees from the annual limitation on total individual contributions. Removes certain limitations on party committee contributions in general elections for Federal office. Authorizes additional party committee expenditures to offset independent expenditures in congressional general elections. Sets forth limitations and reporting requirements for soft money. Repeals the building fund exemption. Amends IRC to deny tax-exempt status to: (1) certain politically active organizations; and (2) any organization that participates or intervenes in any political campaign on behalf of or in opposition to any candidates for Federal office. Limits individual and multicandidate political committee contributions to certain political organizations maintained by a candidate for Federal office. Includes as a contribution or expenditure any payment to such a political organization for purposes related to provisions concerned with contributions or expenditures by national banks, corporations, and labor organizations. Permits independent local committees of political parties to make unlimited contributions and expenditures with respect to congressional elections. Title IV: Requiring Additional Statements to the Federal Election Commission for Individuals Who Make Independent Expenditures - Amends FECA to require individuals who make independent expenditures to include certain additional information in statements filed with the Federal Election Commission (FEC). Title V: Additional Prohibitions on Election-Related Activity by Corporations and Labor Organizations, and for Other Purposes - Amends FECA to establish additional prohibitions and reporting requirements with respect to certain election-related activities by corporations and labor organizations. Includes as a contribution or expenditure any payment to a political committee for purposes related to provisions concerned with contributions or expenditures by national banks, corporations, and labor organizations. Adds to such provisions requirements applicable to labor organizations. Requires political committee reports to the FEC to disclose debt settlement and loan security agreements entered into by the committee. Includes as a contribution any gift, subscription, loan, advance, or deposit of money made by any person for the purpose of drafting or encouraging an individual to run for Federal office. Treats such contributions as candidate contributions, whether or not the individual involved becomes a candidate. Title VI: Establishing Clarity Standards for Identification of Sponsors or (sic) Certain Unauthorized Political Advertising, and for Other Purposes - Amends FECA to establish clarity standards for identification of sponsors of certain political advertising. Provides for the removal of certain limitations on contributions in House elections when an opponent's expenditures from personal funds exceed the limitation specified by this Act. Title VII: Independent Expenditures - Amends FECA to mandate: (1) certain aural and visual political advertising requirements for the identification of any person making an independent expenditure through the broadcast or print media; and (2) certain reporting requirements for any person making such an expenditure. Revises the definition of independent expenditure. Provides for: (1) FEC hearings on complaints regarding independent expenditures; and (2) expedited judicial review of any matter relating to the making of an independent expenditure. Title VIII: Reduction of Campaign Costs - Amends the Communications Act of 1934 to: (1) limit the cost to qualified candidates of broadcasting time for pre-election political advertising to the lowest rate charged for any time in the same period; and (2) prohibit any broadcast licensee from preempting the use of any such time purchased by a qualified candidate. Title IX: Miscellaneous Provisions - Sets forth severability provisions and the effective date of this Act.
United States · United States Congress · 9 April 1992
Budget Process Reform Act of 1992 - Title I: Statement of Congressional Purpose - Declares that the purpose of this Act is to facilitate rational, informed, and timely decisions by the Congress. Expresses the sense of the Congress that the Federal budget process should focus the attention of policymakers and the public on the aggregate impact of Federal spending on the economy, and on the tradeoffs that must be made among priorities in order to control overall levels of spending. Declares that the budget process should contain safeguards against delay and inaction, so that temporary shut-downs of the Government may be avoided. Title II: Binding Budget Law - Requires the Congress to enact a binding budget law, in the form of a joint resolution, by April 15 of the calendar year before that in which the fiscal period commences. Requires the budget law to fit a single page, which sets forth specific budget ceilings in major functional categories. Makes it out of order in the House of Representatives or the Senate to consider any spending bill affecting spending in a major functional category unless and until a joint resolution on the budget is enacted. Amends the Congressional Budget Act of 1974 to prohibit baseline budgeting. Makes the starting point for any deliberations on the budget in committee the estimated level of outlays for the current period in each function and subfunction. Requires the budget to include comparisons of current fiscal year and proposed subsequent fiscal year spending. Requires the President to submit to the Congress on or before the fifteenth day after a joint resolution on the budget is enacted a detailed budget for the fiscal period beginning on October 1 of the current calendar year. Title III: Enforcement Mechanics - Subtitle A: Supermajority Required to Break Budget Law - Requires a two-thirds majority vote in the House and the Senate to consider any spending bill prior to the enactment of the budget law. Requires the Congressional Budget Office to provide to the Congress an estimate of the costs in each major functional category of any spending bill as soon as practicable after its introduction. Limits such estimates to those bills likely to result in costs of more than $10,000,000. Requires a two-thirds affirmative vote in the House and the Senate to consider over-budget spending bills. Requires a two-thirds affirmative vote in the House and the Senate to waive any provision of this Act. Requires a three-fifths affirmative vote in the House and the Senate to increase the tax rate, the tax base, or the amount of income subject to tax, or to decrease a deduction, exclusion, or credit. Subtitle B: Limited Enhanced Rescission Authority - Amends the Impoundment Control Act of 1974 to limit the President's rescission authority to spending that is above the limits of the budget law. Subtitle C: "Blank Check" Appropriations Prohibited - Declares the intent of the Congress to end open-ended, "blank check" appropriations which typically authorize spending "such sums as may be necessary." Requires fixed-dollar appropriations for every account except social security and interest on the debt. Prohibits open-ended appropriations. Requires Executive agencies to adjust benefit levels to ensure that appropriations for entitlement programs are not exceeded. Restricts budget authority and entitlement authority to one fiscal period. Subtitle D: "Pay As You Go" Requirement for New Spending - Prohibits the Congress from considering any legislation which authorizes, requires, or provides new entitlements/mandatory spending or exceeds the budget ceiling unless it offsets such increased spending with an equal amount of reductions. Requires a two-thirds affirmative vote in the House and the Senate to waive such prohibition. Title IV: Sustaining Mechanism - Makes appropriations to provide for an automatic continuing resolution if for any account an appropriation for a fiscal period does not become law before the beginning of such period. Restricts legislation providing funding to the Committees on Appropriations. Title V: Protection of Social Security - Provides that no reduction in benefits under title II of the Social Security Act (Old Age, Survivors, and Disability Insurance) shall be made as a consequence of this Act. Title VI: Timetable - Revises the timetable for the congressional budget process. Title VII: Conforming Amendments - Makes various technical and conforming amendments, including changing references to a concurrent resolution on the budget to references to a joint resolution on the budget. Title VIII: Definitions and Rules of Interpretation - Sets forth definitions for specified terms. Title IX: Effective Date - Declares the effective date of this Act to be January 1, 1993, applicable to fiscal years beginning after September 30, 1993. Applies to FY 1993 certain provisions of Federal law, including the Congressional Budget Impoundment Control Act of 1974 and the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act).
United States · United States Congress · 9 April 1992
Comprehensive Congressional Reform Resolution - Title I: Establishment of a Chief Financial Officer for the House of Representatives and the Elimination or Reduction of Patronage Positions - Amends rule II of the Rules of the House of Representatives to eliminate the election of a Doorkeeper or Postmaster in the House. Requires the individual chosen for election as the Sergeant-at-Arms to be a nationally-respected law enforcement professional. Amends rules III and IV to revise the duties of the Clerk of the House and the Sergeant-at-Arms. Amends rules V and VI to: (1) eliminate the positions of Doorkeeper and Postmaster; and (2) create a position of Chief Financial Officer. Sets forth qualifications for the elected Chief Financial Officer. Outlines his or her duties. Prohibits the Chief Financial Officer from disclosing the identity of a complaining employee without the employee's consent unless such disclosure is unavoidable. Makes it a violation of rule LI for an employing authority to intimidate or take any reprisal against, an employee of the House because of a complaint made by the employee. Transfers the duties of the Postmaster of the House to the Chief Financial Officer. Amends rule XIV to eliminate the duties of the Doorkeeper with respect to decorum and debate in the House. Amends rule XI to require each committee, by March 1 of the first session of any Congress, to adopt an oversight plan for that Congress and to submit it to the Committee on House Administration. Prohibits the consideration in the House of a primary expense resolution for a committee unless and until such committee has adopted and submitted the plan. Requires the Committee on House Administration to report such plan to the House. Authorizes the Speaker to appoint ad hoc oversight committees for specific tasks from the membership of committees with shared legislative jurisdictions. Requires each committee to include an oversight section in its final activity report at the end of a Congress. Amends rule X to establish a bipartisan Subcommittee on House Administrative Oversight of the Committee on House Administration. Requires one-half of the subcommittee's members to be from the majority party and named by the chairman of the Committee on House Administration and the other half to be from the minority party and named by the ranking minority party member of such committee. Authorizes the chairman or ranking minority party member of the committee to issue subpoenas. Requires the subcommittee to meet only at the call of its chairman and ranking minority party member. Prohibits the subcommittee from taking testimony under oath unless at least one member of the majority and minority party are present. Requires the membership of the Subcommittee on Legislative Appropriations of the Committee on Appropriations to be divided equally between the majority and minority parties. Divides the staff positions for the subcommittee in the same manner. Directs the Speaker to appoint a task force to: (1) recommend institutional reforms necessary to restore public confidence in the House; and (2) report on its recommendations to the House by the end of the 102d Congress. Requires the written approval of the Speaker and the minority leader of the House before funds may be reprogrammed or transferred between House appropriation accounts. Makes it out of order to consider any measure in the House, in the second session of the 102d Congress, containing an appropriation for any period after March 31, 1993. Title II: Establishment of the Office of the General Counsel - Establishes the Office of the General Counsel (Office) in the House to: (1) be accountable to a specified Leadership Group; and (2) provide legal assistance to Members, officers, and employees of the House on matters directly related to their duties, with specified exceptions. Lists certain actions of the Office that must be approved either by a resolution of the House or the Leadership Group. Requires such Office, in the case of any matter that affects an area of responsibility committed to another office, officer, or employee under this Act, to consult the party involved and coordinate such action with them. Vests management, supervision, and administration of the Office in the General Counsel to be appointed by the Speaker, upon the recommendation of the majority and minority leaders of the House, acting jointly, without regard for political affiliation and solely on the basis of fitness to perform the duties of the position. Requires the General Counsel to serve at the pleasure of the Leadership Group. Authorizes the General Counsel to make appropriate expenditures for the functioning of the Office. Requires the attorneys and professional staff in the Office to maintain regular, written records of the time expended on legal matters, consistent with generally accepted practices in private law firms. Makes such time records reviewable by the Leadership Group. Prohibits public disclosure of them unless by direction of the Leadership Group or resolution of the House. Title III: Establishment of the Office of Congressional Inspector General - Creates the Congressional Office of Inspector General (Office), independent of the executive departments and under the control and direction of the Speaker and minority leader of the House of Representatives. Sets forth the functions of the Office. Makes an Inspector General (Inspector), to be appointed by the Speaker and minority leader, head of the Office for a seven-year term, unless removed by the Speaker and minority leader for cause. Makes the Inspector ineligible for reappointment. Requires the Inspector to appoint: (1) an Assistant Inspector General for Auditing to supervise the auditing of the office procedures and operations of each Member or committee of the House and any other House office whose employees are paid by the Clerk; and (2) an Assistant Inspector General for Investigations to supervise investigations of such office procedures and operations. Sets forth the duties and responsibilities of the Inspector. Requires each Inspector General to report annually to the Speaker and minority leader of the House. Authorizes the Inspector to receive and investigate complaints or information from a House employee concerning the possible existence of a violation of law or the Rules of the House, mismanagement, gross waste of funds, abuse of authority, or a substantial and specific danger to the public health and safety. Prohibits the Inspector, upon receiving the complaint or information, from disclosing the complainant's identity without the employee's consent, unless such disclosure is unavoidable during the course of the investigation. Prohibits any employee who has authority to take, directs others to take, or recommends or approves any personnel action, from taking action against an employee as reprisal for making a complaint or disclosing information to an Inspector, unless the complaint was false and the complainant knew this or willfully disregarded truth or falsity. Title IV: Amendments to the Rules of the House of Representatives - Amends rule I of the Rules of the House of Representatives to require the Speaker to announce a specified legislative program at the beginning of each session of the Congress. Requires the Speaker to ensure that the minority leader is fully consulted in developing the legislative program for the House each week. Amends rule X to require each standing committee of the House, by March 1 in the first session of a Congress, in a meeting open to the public and with a quorum present, to adopt and submit to the Committee on House Administration its oversight plans for that Congress. Prohibits the consideration of any committee expense resolution, or any amendment to it, if that committee has not submitted its oversight plans. Directs the Committee on House Administration to report the oversight plan submitted by each committee to the House. Authorizes the Speaker, with the approval of the House, to appoint special ad hoc oversight committees to review specific matters within the jurisdiction of two or more standing committees. Amends rule XI to require each committee to report, by January 2 of each odd-numbered year, on activities of that committee under this rule and rule X during the Congress ending on January 3 of such year. Amends rule X to require the Speaker to refer legislation initially to one committee as the committee of principal jurisdiction (currently, such legislation may initially be referred simultaneously to two or more committees for concurrent consideration). Requires that the House standing committees be elected by the House within 11 legislative days (currently, seven calendar days) after the commencement of each Congress. Directs the committees to hold their organizational meetings within three legislative days after their election. Requires the membership of each committee (except the Committee on Standards of Official Conduct), subcommittee, task force, or other subunit, to reflect the ratio of majority to minority party Members of the House at the beginning of the Congress. Exempts the Resident Commissioner from Puerto Rico and the Delegates to the House from the count in determining such party ratio. Requires the membership of each select committee, subcommittee, task force, subunit, or conference committee to reflect the ratio of the majority to minority party Members of the House at the time of its appointment. Prohibits any standing committee of the House (except the Committee on Appropriations) from establishing more than six subcommittees. Prevents any member from serving on more than four House subcommittees at any one time. Amends rule XI to repeal the general permission, subject to certain conditions, for proxy voting by a member of any committee or subcommittee with respect to any measure or matter. Allows committees and subcommittees to close their meetings in circumstances where disclosure of matters to be considered would: (1) endanger national security; (2) tend to defame, degrade, or incriminate any person; (3) violate any law or rule of the House; or (4) involve committee personnel matters. Provides that a majority of the members of each committee or subcommittee shall constitute a quorum for the transaction of any business, including the markup of legislation (currently, all committees but the Committees on Appropriations, Budget, and Ways and Means are permitted to fix the number establishing a quorum). Requires the names of those Members voting for and against any motion to report a public bill or resolution to be included in the committee report of such measure (currently, only the number of votes cast for or against reporting such measure is included). Requires the names of those members of the committees actually present at the time the bill or resolution is ordered reported to be included in the committee report relating to each nonrecord vote on a motion to report such public bill or resolution. Requires that a committee or subcommittee print, document, or other material, except under certain circumstances, prepared for public distribution, shall either: (1) be approved by the committee or subcommittee prior to such public distribution, with opportunity afforded for the inclusion of supplemental, minority, or additional views; or (2) contain a specified disclaimer on its cover. Prohibits any such print, document, or other material not approved by the committee or subcommittee from including the names of its members, other than the name of the chairman releasing such document. Lists material excepted from such requirements. Prohibits a measure reported from the Committee on Rules from being considered on the same calendar day it is presented to the House, nor on the subsequent calendar day of the same legislative day, except in certain circumstances. (Currently it can not be considered on the same day.) Prohibits the Committee on Rules from reporting any rule or order that would prevent a motion to recommit that has amendatory instructions (except in the case of a Senate measure for which the language of a House passed measure has been substituted). Prohibits the consideration of any rule providing for the consideration of a bill or resolution otherwise subject to amendment under House rules if such resolution limits the right of Members to offer germane amendments to such measure, unless the chairman of the Rules Committee has announced, within a specified period of time, that less than an open amendment process might be recommended by the Committee for the consideration of such measure. Makes it out of order to consider any order of business resolution which provides that, upon adoption, the House shall be considered to have automatically adopted a motion, amendment, or resolution, or to have passed a bill, joint resolution, or conference report, unless consideration of such resolution is agreed to by at least two-thirds of the Members voting. Requires any report accompanying a resolution for consideration of a budget waiver measure to include: (1) an explanation and justification for the waiver; (2) an estimated cost of the provisions to which the waiver applies; and (3) a summary or text of any written comments on the waiver received by the committee from the Committee on the Budget. Sets forth procedures for the consideration of such resolution. Prohibits the consideration of a resolution that waives all House rules, except by a two-thirds vote of the Members voting. Makes it out of order to consider any primary expense resolution unless the Committee on House Administration has reported and the House has adopted a resolution establishing an overall ceiling for House committee staff personnel for that year. Makes such a resolution privileged. Establishes guidelines for developing and considering primary and supplemental expense resolutions. Provides that the overall ceiling for committee staff in a resolution reported by the committee or contained in any amendment for the 103d Congress shall not exceed 90 percent of the total committee staff personnel employed at the end of the 102d Congress. Amends rule XIII of the Rules of the House of Representatives to establish a Commemorative Calendar comprised of unreported bills and resolutions respecting commemorative holidays and celebrations that have been: (1) referred to the Committee on Post Office and Civil Service; and (2) requested by the chairman and ranking minority member of such committee to be placed on such calendar. Outlines procedures for the consideration of such measures. Amends rules XV of the Rules of the House of Representatives to provide for an automatic roll call vote when the Speaker puts the question upon final passage of: (1) any bill, joint resolution, or conference report making general appropriations, providing revenue, or adjusting the statutory congressional pay rate; or (2) any budgetary concurrent resolution or conference report that provides an increase in the statutory debt limit. Amends rule XXI of the Rules of the House of Representatives to repeal the declaration that no amendment shall be in order during consideration of a general appropriation bill if it proposes a limitation not specifically contained or authorized in existing law for the period of such limitations. Defines a "general appropriation bill" to include any bill or joint resolution making continuing appropriations in a fiscal year for a period in excess of 30 days. Describes the contents of such bill. Reserves all points of order against any general appropriation bill at the time it is reported. Prohibits the consideration of any bill or joint resolution making appropriations for a period of 30 days or less unless it only provides appropriations in the lesser amount and under the more restrictive authority of the pertinent appropriations measures: (1) as passed by the House; (2) as passed by the Senate; (3) as agreed to by a committee of conference; or (4) as enacted for the preceding fiscal year. Requires a report from the Committee on Appropriations accompanying any appropriation bill to list all appropriations contained in the bill for any expenditure not previously authorized by law. Requires a three-fifths vote of the Members of the whole House to consider any rule or order from the Rules Committee that waives certain rules governing consideration of any short- or long-term continuing appropriations measures. Amends rule XXI to establish certain guidelines for reporting and considering reconciliation measures in the House. Exempts Senate amendments and conference reports from such guidelines. Reserves all points of order against a reconciliation bill at the time it is reported. Prohibits the consideration in the House of any bill or joint resolution which directly or indirectly authorizes enactment of new budget authority for a fiscal year unless such measure is reported in the House on or before May 15 preceding the beginning of such fiscal year. Amends rule XXIV of the rules of the House of Representatives to revise the daily order of business for the House to include the pledge of allegiance to the flag. Amends rule XXVII to establish additional criteria for entertaining motions to suspend the rules and pass a measure in the House. Requires the Clerk of the House, after 100 members have signed a motion to discharge a committee from the consideration of a measure, to: (1) cause the name of each Member who has signed or withdrawn a signature to such motion to be printed in the Congressional Record; and (2) publish an updated list in the Record at the end of each succeeding week the House is in session. Requires three-fifths (currently, a majority) of the total membership of the House to sign such motion before it can be: (1) entered on the Journal; (2) printed with the signatures in the Congressional Record; and (3) referred to the Calendar of Motions to Discharge Committees. Amends rule XXVIII to require inclusion of supplemental, minority, or additional views of a House conferee in the same published volume of the conference committee's report, if specified conditions are met. Amends rule XLVIII to require a specified oath to be administered to: (1) a newly appointed Member of the Permanent Select Committee on Intelligence; (2) each committee's employee; and (3) any person engaged by contract or to perform services for or at the request of the committee who is required to subscribe to the agreement in writing. Requires the Clerk of the House to provide for the printing of such oaths for: (1) filing in the records of the House; and (2) recording in the House Journal and in the Congressional Record. Directs the Committee on Standards of Official Conduct to investigate and report to the House on any violation of such oath. Authorizes the Permanent Select Committee on Intelligence to refer cases of unauthorized disclosure and violations of the required oaths to such committee for investigation. Authorizes the committee by a majority vote to deny a member access to classified information if he or she is subject to a pending investigation. Directs the House Committees on Rules and on Government Operations by a certain date to report legislation granting the President enhanced rescission authority with respect to any budget authority not authorized by law. Sets forth procedures for considering such legislation if it is not reported out of such committees by the stated deadline. Directs the Committee on Rules to study and report to the House on the feasibility of converting to a biennial budget-appropriations process and corresponding multiyear authorizations. Declares that it is the policy of the House of Representatives that the following Federal laws should be amended to apply them to the House in the same or similar manner as they apply to the Executive Branch: (1) the National Labor Relations Act; (2) the Occupational Safety and Health Act of 1970; (3) the Equal Pay Act of 1963; (4) the Age Discrimination in Employment Act of 1967; (5) the Freedom of Information Act; (6) the Privacy Act of 1974; (7) Title VII of the Civil Rights Act of 1964; and (8) specified provisions of the Federal judicial code relating to an independent counsel. Directs the standing committees of the House with subject jurisdiction over such Federal laws to report legislation to the House to implement such policy. Provides for consideration of such legislation. Requires the ratio of majority party to minority party staff positions, consultants, details, and funding for House committees to be the same ratio as that of Members of the House. Eliminates the following Select Committees in the House: (1) Aging; (2) Hunger; (3) Children, Youth, and Families; and (4) Narcotics Abuse and Control. Transfers the records, files, and materials of such select committees to the Clerk of the House. Applies the Freedom of Information Act to the Congress. Exempts information related to casework or constituent correspondence from such Act with respect to Members of the Congress. Provides that the period for which expenses of the former Speakers of the House may be paid shall end three years after the expiration date of such term of office, except that in the case of a former Speaker who is receiving such expenses on the date of the enactment of this Act, the period shall end three years after such date. Amends Federal law to prohibit a Member of the House from sending any franked mass mailing outside the Member's congressional district. Authorizes a Member of Congress to mail franked mail with a simplified form of address for delivery within his or her congressional district only. (Current law permits such mailings throughout the Member's State). Prohibits the Committee on House Administration from approving any payment for, and a Member from making any expenditure from, any allowance of the House or any other official funds if any portion is for any cost related to a mass mailing by a Member of the House outside his or her congressional district. Amends the Federal Salary Act of 1967 to make it out of order to consider any bill or resolution that would adjust, or have the effect of adjusting, the salaries of Members of Congress if such measure contains any item which does not relate to adjusting Members' salaries. Prohibits consideration of any measure in the House appropriating amounts for the legislative branch of the Government if it permits such amount to remain available for obligation beyond the end of the fiscal year for which the amount is appropriated. Requires at least one attorney in the Office of the Parliamentarian in the House to be appointed upon the recommendation of the minority leader. Declares it the policy of the House of Representatives that it is inappropriate for Members of the House to have access to such items as meals, banking services, medicine, ambulance service, haircuts, and athletic facilities at costs lower than that charged to the public. Requires the Chief Financial Officer to determine the market rate of such services and to report such costs to the Speaker, minority leader, and the chairman and ranking minority party of the Committee on House Administration with recommendations for eliminating the services or continuing them at market rate prices. Directs the chairman to report a resolution that adopts the market rate of the services or proposes their elimination. Sets forth procedures for consideration of legislation that implements such policy or enacts the report of the Chief Financial Officer if such measure is not reported by the Committee on House Administration within 30 days of receiving such report. Amends rule XI to prohibit the expenditure of appropriated funds to defray expenses of committee members or employees incurred while traveling outside of the United States, its territories, or possessions, unless a committee resolution has been approved that authorizes such travel and sets forth certain requirements.
United States · United States Congress · 8 April 1992
Amends the Harmonized Tariff Schedule of the United States to suspend, through December 31, 1994, the duty on: (1) gear boxes of irrigation systems; and (2) gear boxes of post hole diggers.
United States · United States Congress · 8 April 1992
Amends the Harmonized Tariff Schedule of the United States to grant duty-free treatment of: (1) gear boxes of irrigation systems; and (2) gear boxes of post hole diggers.
United States · United States Congress · 8 April 1992
Designates October 24 through November 1, 1992, as National Red Ribbon Week for a Drug Free America. Recognize the hard work and dedication of those involved in combatting substance abuse.
United States · United States Congress · 8 April 1992
Expresses the sense of the Congress that the President should extend for one year the 90-day moratorium on new unnecessary Federal regulations ordered in the President's Memorandum on Reducing the Burden of Government Regulations, dated January 28, 1992.
United States · United States Congress · 3 April 1992
Minor Crop Protection Assistance Act of 1992 - Amends the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) to define "minor use" as the use of a pesticide on a commercial agricultural crop or site where: (1) the total U.S. acreage for the crop is less than 300,000 acres; (2) the acreage expected to be treated as a result of that use is less than 300,000 acres annually or the agricultural crop represents production from less than 300,000 acres annually; (3) the use does not provide sufficient economic incentive to support initial or continuing registration; and (4) the Administrator of the Environmental Protection Agency (EPA) has not determined that the use presents an unreasonable adverse environmental effect. Permits the Administrator, in handling the registration of a pesticide for a minor use, to waive applicable data requirements if it is determined that the absence of data will not prevent the Administrator from determining the incremental risk presented by the minor use and that such risk would have an unreasonable adverse environmental effect. Prohibits data that relates solely to a minor use, without the permission of the original data submitter, from being considered by the Administrator to support a minor use application by another person for ten years following the submission of the data. Terminates the exclusive use of such data if the registration is voluntarily cancelled, or if the data are used to support a nonminor use. Provides for expedited review (within six months of submission) of applications to support minor use pesticide registrations. Grants registrants who make good faith requests for minor use waivers regarding required data, and whose requests are denied, a full time period for providing such data. Requires the Administrator, upon the request of a registrant, to extend the deadline for the production of data required solely to support a minor use pesticide up to four years if the registrant provides data to support other uses of the pesticide and a schedule to assure that the data production will be completed before the expiration of the extension. Applies the same extension conditions to data for reregistrations. Requires the Administrator to conditionally amend a registration to permit additional minor uses even if data is insufficient if the applicant has submitted satisfactory data pertaining to the proposed minor use and amending such registration would not increase environmental risks. Prohibits amendments if the pesticide meets or exceeds risk criteria associated with human dietary exposure and other specified conditions. Provides for extensions of minor use registration and data submission deadlines in cases where a registrant is not providing data to support a minor use but is providing data in a timely fashion to support other uses. Requires the Administrator, when a minor use registration application is filed no later than two years after another registrant voluntarily cancels registration for a similar use, to evaluate such application as if the voluntary cancellation had not yet taken place for purposes of data use, subject to environmental risk considerations. Directs EPA to assure coordination of minor use issues through the establishment of a minor use program within the Office of Pesticide Programs. Establishes and authorizes funding for a Department of Agriculture matching fund minor use program. Requires the program to be utilized to ensure the continued availability of minor use crop protection chemicals, including the data to support minor use pesticide registrations.
United States · United States Congress · 3 April 1992
Title I: Chief Financial Officer, General Counsel, and Certain Other Reforms - Subtitle A: Chief Financial Officer Amendments to the Rules of the House and Related Provisions - Amends rule II of the Rules of the House of Representatives to eliminate the election of a Doorkeeper or Postmaster in the House. Requires the individual chosen for election as the Sergeant-at-Arms to be a nationally-respected law enforcement professional. Amends rules III and IV to revise the duties of the Clerk of the House and the Sergeant-at-Arms. Amends rules V and VI to: (1) eliminate the positions of Doorkeeper and Postmaster; and (2) create a position of Chief Financial Officer. Sets forth qualifications for the elected Chief Financial Officer. Outlines his or her duties. Prohibits the Chief Financial Officer from disclosing the identity of a complaining employee without the employee's consent unless such disclosure is unavoidable. Makes any intimidation of, or reprisal against, an employee of the House by an employing authority because of a complaint made by the employee a violation of rule LI. Transfers the duties of the Postmaster of the House to the Chief Financial Officer. Amends rule XIV to eliminate the duties of the Doorkeeper with respect to decorum and debate in the House. Amends rule XI to require each committee, by March 1 of the first session of any Congress, to adopt an oversight plan for that Congress and to submit it to the Committee on House Administration. Prohibits the consideration in the House of a primary expense resolution for a committee unless and until such committee has adopted and submitted the plan. Requires the Committee on House Administration to report such plan to the House. Authorizes the Speaker to appoint ad hoc oversight committees for specific tasks from the membership of committees with shared legislative jurisdictions. Requires each committee to include an oversight section in its final activity report at the end of a Congress. Amends rule X to require one-half of the members of the Committee on House Administration to be from the majority party and one-half to be from the minority. Allows the chairman or ranking minority party member of the Committee on House Administration to authorize and issue subpoenas. Requires the membership of the Subcommittee on Legislative Appropriations of the Committee on Appropriations to be divided equally between the majority and minority parties. Divides the staff positions for the subcommittee in the same manner. Directs the Speaker to appoint a task force to: (1) recommend institutional reforms necessary to restore public confidence in the House; and (2) report on its recommendations to the House by the end of the 102d Congress. Requires the written approval of the Speaker and the minority leader of the House before funds may be reprogrammed or transferred between House appropriation accounts. Makes it out of order to consider any measure in the House, in the second session of the 102d Congress, containing an appropriation for any period after March 31, 1993. Directs the Speaker, upon the recommendation of the majority and minority leader, acting jointly, to appoint an Inspector General for the House. Subtitle B: Office of the General Counsel - Establishes the Office of the General Counsel (Office) in the House to: (1) be accountable to a specified Leadership Group; and (2) provide legal assistance to Members, officers, and employees of the House on matters directly related to their duties, with specified exceptions. Lists certain actions of the Office that must be approved either by a resolution of the House or the Leadership Group. Requires such Office, in the case of any matter that affects an area of responsibility committed to another office, officer, or employee under this Act, to consult the party involved and coordinate such action with them. Vests management, supervision, and administration of the Office in the General Counsel to be appointed by the Speaker, upon the recommendation of the majority and minority leaders of the House, acting jointly, without regard for political affiliation and solely on the basis of fitness to perform the duties of the position. Requires the General Counsel to serve at the pleasure of the Leadership Group. Authorizes the General Counsel to make appropriate expenditures for the functioning of the Office. Requires the attorneys and professional staff in the Office to maintain regular, written records of the time expended on legal matters, consistent with generally accepted practices in private law firms. Makes such time records reviewable by the Leadership Group. Prohibits public disclosure of them unless by direction of the Leadership Group or resolution of the House. Title II: Legislative Process Reforms - Amends rule I of the Rules of the House of Representatives to require the Speaker to announce a specified legislative program at the beginning of each session of the Congress. Requires the Speaker to ensure that the minority leader is fully consulted in developing the legislative program for the House each week. Directs the Speaker to state the question on reconsideration of a bill, immediately after its return from the President, without an intervening motion. Requires the House to proceed to vote on the reconsideration of such measure. Amends rule X to require the Speaker to refer legislation initially to one committee as the committee of principal jurisdiction (currently, such legislation may initially be referred simultaneously to two or more committees for concurrent consideration). Requires a bill originating in the House to be presented to the President by the tenth calendar day after it has passed the House and the Senate in identical form. Requires the membership of each committee (except the Committee on Standards of Official Conduct), subcommittee, task force, or other subunit, to reflect the ratio of majority to minority party Members of the House at the beginning of the Congress. Exempts the Resident Commissioner from Puerto Rico and the Delegates to the House from the count in determining such party ratio. Requires the membership of each select committee, subcommittee, task force, subunit, or conference committee to reflect the ratio of the majority to minority party Members of the House at the time of its appointment. Prohibits any standing committee of the House (except the Committee on Appropriations) from establishing more than six subcommittees. Prevents any member from serving on more than four House subcommittees at any one time. Amends rule XI to repeal the general permission, subject to certain conditions, for proxy voting by a member of any committee or subcommittee with respect to any measure or matter. Allows committees and subcommittees to close their meetings in circumstances where disclosure of matters to be considered would: (1) endanger national security; (2) tend to defame, degrade, or incriminate any person; (3) violate any law or rule of the House; or (4) involve committee personnel matters. Provides that a majority of the members of each committee or subcommittee shall constitute a quorum for the transaction of any business, including the markup of legislation (currently, all committees but the Committees on Appropriations, Budget, and Ways and Means are permitted to fix the number establishing quorum). Requires the names of those Members voting for and against any motion to report a public bill or resolution to be included in the committee report of such measure (currently, only the number of votes cast for or against reporting such measure is included). Requires the names of those members of the committees actually present at the time the bill or resolution is ordered reported to be included in the committee report relating to each nonrecord vote on a motion to report such public bill or resolution. Requires that a committee or subcommittee print, document, or other material, except under certain circumstances, prepared for public distribution, shall either: (1) be approved by the committee or subcommittee prior to such public distribution, with opportunity afforded for the inclusion of supplemental, minority, or additional views; or (2) contain a specified disclaimer on its cover. Prohibits any such print, document, or other material not approved by the committee or subcommittee from including the names of its members, other than the name of the chairman releasing such document. Lists material excepted from such requirements. Prohibits a measure reported from the Committee on Rules from being considered on the same calendar day it is presented to the House, nor on the subsequent calendar day of the same legislative day, except in certain circumstances. (Currently it can not be considered on the same day.) Prohibits the Committee on Rules from reporting any rule or order that would prevent a motion to recommit that has amendatory instructions (except in the case of a Senate measure for which the language of a House passed measure has been substituted). Prohibits the consideration of any rule providing for the consideration of a bill or resolution otherwise subject to amendment under House rules if such resolution limits the right of Members to offer germane amendments to such measure, unless the chairman of the Rules Committee has announced, within a specified period of time, that less than an open amendment process might be recommended by the Committee for the consideration of such measure. Makes it out of order to consider any order of business resolution which provides that, upon adoption, the House shall be considered to have automatically adopted a motion, amendment, or resolution, or to have passed a bill, joint resolution, or conference report, unless consideration of such resolution is agreed to by at least two-thirds of the Members voting. Requires any report accompanying a resolution for consideration of a budget waiver measure to include: (1) an explanation and justification for the waiver; (2) an estimated cost of the provisions to which the waiver applies; and (3) a summary or text of any written comments on the waiver received by the committee from the Committee on the Budget. Sets forth procedures for the consideration of such resolution. Prohibits the consideration of a resolution that waives all House rules, except by a two-thirds vote of the Members voting. Makes it out of order to consider any primary expense resolution unless the Committee on House Administration has reported and the House has adopted a resolution establishing an overall ceiling for House committee staff personnel for that year. Makes such a resolution privileged. Establishes guidelines for developing and considering primary and supplemental expense resolutions. Provides that the overall ceiling for committee staff in a resolution reported by the committee or contained in any amendment for the 103d Congress shall not exceed 50 percent of the total committee staff personnel employed at the end of the 102d Congress. Amends rule XIII of the Rules of the House of Representatives to establish a Commemorative Calendar comprised of unreported bills and resolutions respecting commemorative holidays and celebrations that have been: (1) referred to the Committee on Post Office and Civil Service; and (2) requested by the chairman and ranking minority member of such committee to be placed on such calendar. Outlines procedures for the consideration of such measures. Amends rules XV of the Rules of the House of Representatives to provide for an automatic roll call vote when the Speaker puts the question upon final passage of: (1) any bill, joint resolution, or conference report making general appropriations, providing revenue, or adjusting the statutory congressional pay rate; or (2) any budgetary concurrent resolution or conference report that provides an increase in the statutory debt limit. Amends rule XXI of the Rules of the House of Representatives to repeal the declaration that no amendment shall be in order during consideration of a general appropriation bill if it proposes a limitation not specifically contained or authorized in existing law for the period of such limitations. Defines a "general appropriation bill" to include any bill or joint resolution making continuing appropriations in a fiscal year for a period in excess of 30 days. Describes the contents of such bill. Reserves all points of order against any general appropriation bill at the time it is reported. Prohibits the consideration of any bill or joint resolution making appropriations for a period of 30 days or less unless it only provides appropriations in the lesser amount and under the more restrictive authority of each pertinent appropriations measure: (1) as passed by the House; (2) as passed by the Senate; (3) as agreed to by a committee of conference; or (4) as enacted for the preceding fiscal year. Requires a report from the Committee on Appropriations accompanying any appropriation bill to list all appropriations contained in the bill for any expenditure not previously authorized by law. Requires a three-fifths vote of the Members of the whole House to consider any rule or order from the Rules Committee that waives certain rules governing consideration of any short- or long-term continuing appropriations measures. Amends rule XXI to establish certain guidelines for reporting and considering reconciliation measures in the House. Exempts Senate amendments and conference reports from such guidelines. Reserves all points of order against a reconciliation bill at the time it is reported. Prohibits the consideration in the House of any bill or joint resolution which directly or indirectly authorizes enactment of new budget authority for a fiscal year unless such measure is reported in the House on or before May 15 preceding the beginning of such fiscal year. Amends rule XXIV of the rules of the House of Representatives to revise the daily order of business for the House to include the pledge of allegiance to the flag. Amends rule XXVII to establish additional criteria for entertaining motions to suspend the rules and pass a measure in the House. Requires the Clerk of the House, after 100 Members have signed a motion to discharge a committee from the consideration of a measure, to: (1) cause the name of each Member who has signed or withdrawn a signature to such motion to be printed in the Congressional Record; and (2) publish an updated list in the Record at the end of each succeeding week the House is in session. Amends rule XXVIII to require inclusion of supplemental, minority, or additional views of a House conferee in the same published volume of the conference committee's report, if specified conditions are met. Amends rule XLVIII to require a specified oath to be administered to: (1) a newly appointed Member of the Permanent Select Committee on Intelligence; (2) each committee's employee; and (3) any person engaged by contract or to perform services for or at the request of the committee who is required to subscribe to the agreement in writing. Requires the Clerk of the House to provide for the printing of such oaths for: (1) filing in the records of the House; and (2) recording in the House Journal and in the Congressional Record. Directs the Committee on Standards of Official Conduct to investigate and report to the House on any violation of such oath. Authorizes the Permanent Select Committee on Intelligence to refer cases of unauthorized disclosure and violations of the required oaths to such committee for investigation. Authorizes the committee by a majority vote to deny a member access to classified information if he or she is subject to a pending investigation. Directs the House Committees on Rules and on Government Operations by a certain date to report legislation granting the President enhanced rescission authority with respect to any budget authority not authorized by law. Sets forth procedures for considering such legislation if it is not reported out of such committees by the stated deadline. Directs the Committee on Rules to study and report to the House on the feasibility of converting to a biennial budget-appropriations process and corresponding multiyear authorizations. Declares that it is the policy of the House of Representatives that the following Federal laws should be amended to apply them to the House in the same or similar manner as they apply to the Executive Branch: (1) the National Labor Relations Act; (2) the Occupational Safety and Health Act of 1970; (3) the Equal Pay Act of 1963; (4) the Age Discrimination in Employment Act of 1967; (5) the Freedom of Information Act; (6) the Privacy Act of 1974; (7) Title VII of the Civil Rights Act of 1964; and (8) specified provisions of the Federal judicial code relating to an independent counsel. Directs the standing committees of the House with subject jurisdiction over such Federal laws to report legislation to the House to implement such policy. Provides for consideration of such legislation. Requires the ratio of majority party to minority party staff positions, consultants, details, and funding for House committees to be the same ratio as that of Members of the House. Eliminates the following Select Committees in the House: (1) Aging; (2) Hunger; (3) Children, Youth, and Families; and (4) Narcotics Abuse and Control. Transfers the records, files, and materials of such select committees to the Clerk of the House. Applies the Freedom of Information Act to the Congress. Exempts information related to casework or constituent correspondence from such Act with respect to Members of the Congress. Provides that the period for which expenses of the former Speakers of the House may be paid shall end three years after the expiration date of such term of office, except that in the case of a former Speaker who is receiving such expenses on the date of the enactment of this Act, the period shall end three years after such date. Amends Federal law to prohibit a Member of the House from sending any franked mass mailing outside the Member's congressional district. Authorizes a Member of Congress to mail franked mail with a simplified form of address for delivery within his or her congressional district or State only. (Current law permits such mailings in areas proposed to become a part of such Member's congressional district by legislative or judicial proceedings but not in effect.) Prohibits the Committee on House Administration from approving any payment for, and a Member from making any expenditure from, any allowance of the House or any other official funds if any portion is for any cost related to a mass mailing by a Member of the House outside his or her congressional district. Amends the Federal Salary Act of 1967 to make it out of order to consider any bill or resolution that would adjust, or have the effect of adjusting, the salaries of Members of Congress if such measure contains any item which does not relate to adjusting Members' salaries. Prohibits consideration of any measure in the House appropriating amounts for the legislative branch of the Government if it permits such amount to remain available for obligation beyond the end of the fiscal year for which the amount is appropriated. Requires at least one attorney in the Office of the Parliamentarian in the House to be appointed upon the recommendation of the minority leader. Permits the chairman of the Committee on Standards of Official Conduct to serve for the first session of a Congress only. Requires the House to elect a member of such committee to serve as chairman from nominations submitted by the minority party caucus or conference, at the beginning of a second session of a Congress. Provides that in adopting the Rules of the House of Representatives in the 103d Congress and any subsequent Congress, each rule shall be agreed to by separate resolution of the House.
United States · United States Congress · 1 April 1992
Urges the Government of Romania to uphold all existing human rights treaties and decrees to ensure the safety of the minorities who reside in Romania. Requests the President and Secretary of State to discuss the human cultural and self-determination rights of the Hungarians of Transylvania with the Government of Romania and other appropriate governments.
United States · United States Congress · 24 March 1992
Anti-Car Theft Act of 1992 - Title I: Tougher Law Enforcement Against Auto Theft - Subtitle A: Enhanced Penalties for Auto Theft - Amends the Federal criminal code to provide for a fine, up to 20 years imprisonment, or both, for taking (or attempting to take) a motor vehicle from the person or presence of another by force, violence, or intimidation. Increases penalties for: (1) the importation and exportation of stolen motor vehicles, off-highway mobile equipment, vessels, or aircraft (stolen vehicles); and (2) the transportation, sale, or receipt of stolen vehicles. Makes altering or removing motor vehicle identification numbers, exporting or importing stolen vehicles, and dealing in counterfeit obligations or securities predicate offenses to a violation of the Racketeer Influenced and Corrupt Organizations Act. Subtitle B: Targeted Law Enforcement - Requires the Director of the Bureau of Justice Assistance to make grants to Anti-Car Theft Committees submitting applications in compliance with the requirements of this subtitle. Sets forth application requirements, including a statement from a chief executive of such committee that the applicant committee: (1) is either a State agency, an agency of a unit of local government, or a nonprofit entity organized pursuant to specific authorizing legislation by a State or such unit; (2) is or will be financed in part by a tax or fee on motor vehicles registered by or possessed within the State of not less than one dollar per vehicle; and (3) will devote its resources entirely to combating motor vehicle theft. Establishes formulas for the allocation of grant funds. Authorizes appropriations. Title II: Automobile Title Fraud - Directs the Attorney General: (1) by March 1, 1993, to conduct a review of information systems pertaining to the titling of motor vehicles utilized by one or more States or by a third party which represents the interests of States, and promulgate such regulations as the Attorney General deems necessary to the establishment of an information system to serve as a clearinghouse for information pertaining to the titling of motor vehicles; and (2) within six months of the promulgation of regulations, and by no later than September 1, 1993, to establish such a system. Sets forth additional provisions with respect to: (1) system operation; (2) user fees; (3) minimum capabilities of the system (such as enabling the user to determine the validity and status of a document purporting to be a certificate of title); and (4) information availability. Authorizes appropriations. Authorizes a State, by written notice to the operator, to elect to participate in the system. Grants the Director of the Federal Bureau of Investigation authority to deny access to the National Crime Information Center system to any State failing to participate in the information system pursuant to this Act. Sets forth: (1) title verification requirements (by participating States); (2) reporting requirements (by operators of junk or salvage yards and by insurance carriers); and (3) enforcement provisions (providing for the assessment and collection by the Attorney General of a civil penalty, which sum may be deducted from any sums owed by the United States to the person charged, subject to specified requirements). Title III: Illicit Trafficking in Stolen Auto Parts - Directs the Attorney General to promulgate a vehicle theft prevention standard which conforms to the requirements of this Act and which applies with respect to major automobile parts and replacement parts. Sets forth provisions regarding: (1) deadlines for promulgation of a proposed and final standard, extensions, and the effective date of such standard; and (2) application of such standard (to major parts installed by the motor vehicle manufacturer in automobiles with a model year designation later than the calendar year in which such standard takes effect and major replacement parts manufactured after such standard takes effect). Requires that engines and transmissions installed by the motor vehicle manufacturer be permanently stamped with the vehicle identification number and that other major parts have labels affixed meeting certain specifications. Prohibits the standard, in the case of major replacement parts, from requiring identification of any part which is not designed as a replacement for a major part required to be identified under such standard and the inscribing or affixing of any identification other than a symbol identifying the manufacturer and a common symbol identifying the part as a major replacement part. Prohibits such standards from imposing costs, to comply with such standard, upon any manufacturer of: (1) motor vehicles in excess of $15 per vehicle; or (2) major replacement parts in excess of such reasonable lesser amount per major replacement part as the Attorney General specifies in such standard. Specifies that the cost of identifying engines and transmissions shall not be taken into account in calculating a manufacturer's costs under such provision. Directs the Secretary of Labor, at the beginning of each calendar year commencing on or after January 1, 1993, as data becomes available, to certify to the Attorney General and publish in the Federal Register the percentage difference between the average of the Consumer Price Index for the 12 months preceding the beginning of such calendar year and such average for the base period. Specifies that, effective for model years beginning in such calendar year, the amounts specified in the previous paragraph shall be adjusted by such percentage difference. Requires every manufacturer of a motor vehicle part which is subject to the standard and any manufacturer of major replacement parts subject to such standards: (1) to establish and maintain such records, make such reports, and provide such items and information as the Attorney General may reasonably require to enable the Attorney General to determine whether such manufacturer has acted or is acting in compliance with this Act and such standard; and (2) upon request of an officer or employee (officer) designated by the Attorney General, to permit such officer to inspect vehicles and major parts subject to the standard and appropriate documents relevant to determining whether such manufacturer has acted or is acting in compliance with this Act and such standard. Sets forth additional requirements with respect to inspections, certification of compliance with such standard, notification of errors to the Attorney General, and inapplicability of certification requirements (to motor vehicles or major replacement parts intended solely for export, which are so labeled or tagged on the vehicle or replacement part itself and on the outside of the container, if any, until exported, and which are exported). Directs the Attorney General to enter into an agreement for the operation of an information system containing the identification numbers of stolen motor vehicles and motor vehicle parts and to designate an individual or entity as the operator of such system. Requires such system to include, at a minimum, the following information pertaining to each motor vehicle reported to a law enforcement authority as stolen and not recovered: (1) the vehicle identification number; (2) the make and model year; (3) the date on which the vehicle was reported as stolen; (4) the location of the law enforcement authority that received the reports of the vehicle's theft; and (5) if the vehicle at the time of its theft contained parts bearing identification numbers different from the vehicle identification number of the stolen vehicle, such identification numbers. Sets forth additional provisions regarding availability of information, recordkeeping, and user fees. Authorizes appropriations. Prohibits (with exceptions) any person from: (1) manufacturing for sale, selling, offering for sale, or introducing or delivering for introduction in interstate commerce or import into the United States any motor vehicle subject to the theft prevention standard under this Act or any major replacement part subject to such standard which is manufactured on or after the date the standard takes effect unless it is in conformity with such standard; (2) failing to comply with any rule prescribed by the Attorney General under this Act; (3) failing to keep specified records (or refusing access to or copying of records), make reports or provide items or information, or permit (or refusing to permit) entry or inspection as required by this Act; or (4) failing to furnish certification, or issuing a certification if such person knows that such certification is materially false or misleading, pursuant to this Act. Prohibits (with exceptions) any person from selling, transferring, or installing a major part marked with an identification number without: (1) first making a request of the operator of the system and determining that such major part has not been reported as stolen; and (2) providing the transferee with a written certificate bearing a description of such major part and the identification number affixed to such major part. Establishes civil and criminal penalties for violation of this Act, including injunctions (upon petition by the Attorney General) to restrain specified violations of, and criminal contempt for violation of an injunction or restraining order issued pursuant to, this Act. Sets forth provisions with respect to venue and subpoenas. Sets forth provisions regarding: (1) the confidentiality of information reported to, or otherwise obtained by, the Attorney General pursuant to this Act, with exceptions; (2) judicial review; and (3) coordination of State and local law with the Federal vehicle theft prevention standard. Directs the Attorney General to conduct three- and five-year studies regarding motor vehicle theft and make recommendations to the Congress. Title IV: Export of Stolen Vehicles - Amends the Tariff Act of 1930 to require the Commissioner of Customs to direct customs officers to conduct random inspections of motor vehicles and shipping containers that contain motor vehicles being exported for purposes of determining whether such vehicles were stolen. Directs the Commissioner to require all persons or entities exporting used self-propelled vehicles by air or ship to provide to the U.S. Customs Service, at least 72 hours before the export, the vehicle identification number of each such vehicle and proof of ownership of such vehicle. Makes such requirement applicable to vehicles exported for personal use. Requires the Secretary of the Treasury to conduct a pilot study of the utility of a nondestructive examination system for inspection of containers that contain motor vehicles leaving the country for the purpose of determining whether such vehicles are stolen.
United States · United States Congress · 18 March 1992
Nuclear Reactor Licensing Act of 1992 - Amends the Atomic Energy Act of 1954 to prescribe guidelines for: (1) issuance by the Nuclear Regulatory Commission of nuclear reactor combined construction and operating licenses; and (2) post-construction hearings on such licenses. Provides for judicial review of final Commission orders affecting such licenses.
United States · United States Congress · 5 March 1992
District of Columbia Omnibus Anti-Crime Act of 1992 - Title I: Expanded Penalties for Crimes of Violence - Amends the District of Columbia Code (DC Code) to provide for mandatory life imprisonment (as under current law) without parole for first degree murder. Subjects persons convicted of assault with intent to commit bodily injury to up to ten years' imprisonment. Provides that whoever in the commission of specified acts of assault on a member of a police force or fire department does not employ force likely to cause serious bodily harm or death or does not use a deadly or dangerous weapon shall be fined up to $500, imprisoned for up to 90 days, or both. Title II: Penalties for Activities Relating to Criminal Drug Enterprises and Distributing Drugs in Vicinity of Schools - Amends the District of Columbia Uniform Controlled Substances Act of 1981 (Uniform Act), to provide for an enhanced penalty (imprisonment, fine, or both, up to twice that authorized) for distribution or manufacturing controlled substances in or near schools, colleges, youth centers, public swimming pools, or video arcades. Sets a mandatory minimum sentence, except with respect to offenses involving five grams or less of marijuana. Provides for an enhanced penalty and a mandatory minimum sentence for distribution of a controlled substance to a pregnant woman. Amends: (1) the Dangerous Weapons Act to provide for an enhanced penalty for crimes involving dangerous weapons committed in or near schools and colleges; (2) the Firearms Control Regulation Act to provide for a fine of up to $10,000, imprisonment of up to ten years, or both, for persons over age 21 who illegally sell, transfer, or distribute a firearm, destructive device, or ammunition to anyone under age 18; and (3) the Uniform Act to subject those who attempt or conspire to commit serious drug-related crimes to the same penalties as those who commit the crimes which were the objects of such attempt or conspiracy (currently, punishable by imprisonment, fine, or both, which may not exceed the maximum authorized for the underlying offense). Revises DC Code provisions concerning victim impact statements and the rights of crime victims. Specifies that each victim of a crime of violence shall have the right to: (1) be present at the defendant's trial, sentencing, and parole hearings; (2) submit, prior to the imposition of sentence, a written victim impact statement (as under current law); (3) offer at the time of sentencing an oral or written statement of the victim's opinion of the sentence that should be imposed on the defendant and have such statement entered into the record; and (4) offer, at the defendant's parole hearings, an oral or written statement of the victim's opinion of whether or not the defendant should be granted parole. Sets forth additional provisions, including notification to the victim of the right to submit and offer statements and any changes in the defendant's status. Permits individuals 14 years of age or older (currently, 16) to be tried as adults for certain serious crimes. Title III: Revision of Standards for Bail and Pretrial Detention - Revises DC Code provisions with respect to release prior to trial and pretrial detention. Provides that, upon the appearance before a judicial officer (officer) of a person charged with an offense (other than first-degree murder), the officer shall issue an order that, pending trial, the person be: (1) released on personal recognizance or upon execution of an unsecured bond; (2) released on a condition or combination of specified conditions (condition); (3) temporarily detained to permit revocation of conditional release, deportation, or exclusion; or (4) detained. Requires the officer to order the pretrial release of the person on personal recognizance, or upon execution of an unsecured appearance bond in an amount specified by the court, subject to the condition that the person not commit a crime during the period of release, unless the officer determines that such release will not reasonably assure the appearance of the person as required or will endanger the safety of another person or the community (in which case such officer shall order the person's pretrial release, subject to such condition, and subject to the least restrictive further condition that the officer determines will reasonably assure such person's appearance and the safety of any other person and the community). Authorizes the officer to conduct an inquiry into the source of the property to be designated for potential forfeiture or offered as collateral to secure a bond and requires such officer to decline to accept the designation or the use as collateral of property that, because of its source, will not reasonably assure the person's appearance. Bars the officer from imposing a financial condition that results in the pretrial detention of the person. Entitles a person for whom conditions of release are imposed and who, after 24 hours from the time of the release hearing, continues to be detained as a result of inability to meet the conditions of release, upon application, to have the conditions reviewed by the officer who imposed them. Sets forth additional provisions with respect to such review. Authorizes the officer to impose additional or different conditions of release. Requires the officer, in determining whether there are conditions of release that will reasonably assure the appearance of the person as required and the safety of any other person and the community, to take into account available information concerning the nature and circumstances of the offense charged, the weight of the evidence against the person, the history and characteristics of such person, and the nature and seriousness of the danger to any person or the community that would be posed by such person's release. Directs the officer, when ordering the pretrial release of the person on personal recognizance or upon execution of an unsecured appearance bond, to: (1) include a written statement that sets forth all the conditions to which the release is subject in a manner sufficiently clear and specific to serve as a guide for the person's conduct; and (2) advise the person of the penalties for, and consequences of, violating a condition of release, and of provisions of the District of Columbia Theft and White Collar Crimes Act of 1982 (relating to intimidation of witnesses, jurors, and officers of the court, obstruction of criminal investigations, and retaliation against a witness, victim, or informant). Requires the officer, upon a determination that a person charged with an offense (other than first-degree murder) is, and was at the time the offense was committed, on release pending trial for a felony or pending imposition or execution of sentence, appeal of sentence or conviction, or completion of sentence, or on probation or parole, or not a U.S. citizen or resident alien, and may flee or pose a danger to any person or the community, to: (1) order the detention of the person for a period of not more than ten days (excluding weekends and holidays); and (2) direct the attorney for the Government to notify the appropriate court, probation, or parole official, local or State law enforcement official, or official of the Immigration and Naturalization Service. Specifies that, if the official fails or declines to take the person into custody during that period, the person shall be treated in accordance with this title, notwithstanding the applicability of other provisions of law governing release pending trial or deportation or exclusion proceedings. Sets forth additional provisions with respect to: (1) burdens of proof and presumptions; (2) the holding of a hearing to determine whether any conditions will reasonably assure the appearance of the person as required and the safety of any other person and the community; (3) the initiation by the attorney for the Government of a pretrial detention hearing by ex parte motion and the holding of such hearing; (4) detention of the person pending completion of the hearing; and (5) review and appeal of a release or detention order. Title IV: Superior Court of the District of Columbia - Increases the number of associate judges of the D.C. Superior Court from 58 to 60, effective October 1, 1992, and to 62, effective October 1, 1993. Authorizes appropriations for the operation of such Court during FY 1993. Revises DC Code provisions to expand the authority of hearing commissioners to make findings and enter final orders or judgments with respect to specified proceedings, including certain landlord-tenant disputes, small claims proceedings, criminal misdemeanors, and uncontested probate and fiduciary proceedings. Increases the maximum amount in controversy permitted for cases under the jurisdiction of the Small Claims and Conciliation Branch of the D.C. Superior Court. Title V: Dealth Penalty for Murders - Provides for the imposition of the death penalty for murders (where a person intentionally, knowingly, or through recklessness manifesting extreme indifference to human life, or through the intentional infliction of serious bodily injury, caused the death of a person) in the District of Columbia, with respect to offenses committed after the expiration of the six-month period beginning on the date of the enactment of this Act, unless during such period the registered electors of the District of Columbia vote to reject such amendment by referendum. Title VI: Repeal of Youth Rehabilitation Amendment Act of 1985 - Repeals the Youth Rehabilitation Amendment Act of 1985.
United States · United States Congress · 5 March 1992
Trucking Regulatory Reform Act of 1992 - Amends the Interstate Commerce Act to include as objectives of U.S. transportation policy in regulating transportation by motor carrier, the promotion of competitive and efficient transportation services in order to: (1) allow, to the maximum extent possible, competition and the demand for services to establish reasonable rates for transportation by motor carriers of property; and (2) minimize the need for Federal regulatory control over the motor carrier transportation system and require fair and expeditious regulatory decisions when regulation is required. Requires the Interstate Commerce Commission (ICC) to exempt motor carriers providing transportation of non-household goods from its jurisdiction whenever it finds that: (1) its jurisdiction is not necessary to carry out U.S. transportation policy; and (2) either such transaction or service of the motor carrier is of limited scope, or ICC jurisdiction is not needed to protect shippers from the abuse of market power. Authorizes the ICC to exempt transportation provided by such motor carriers as a part of a continuous intermodal movement. Declares that the fact that a rate, classification, rule, or practice relating to motor common carriers was included in a tariff duly filed with the ICC shall not relieve such carriers from liability or any remedy under the antitrust laws in instances where the conditions of an agreement between such carriers regarding such rate, classification, rule, or practice are not met, unless the ICC has determined its reasonableness. Prohibits agreements approved by the ICC from providing for docketing of the independent actions of carriers of non-household goods, or for discussion of or voting upon such actions. Excepts from the general reasonableness standard: (1) independently determined rates or rates determined by the independent action of motor carriers providing transportation of property of non-household goods; and (2) the establishment of through routes by such carriers. Excludes divisions of joint rates by such carriers from the general requirement that they be made without unreasonable discrimination against a participating carrier, and that they must be reasonable. Requires the ICC to prescribe only the maximum rate of the classification, rule, or practice to be followed in the case of a motor common carrier providing transportation of non-household goods which establishes rates collectively in an organization established or continued under an approved agreement or by certain independent action. Declares that the ICC is not authorized to begin immediately on its own initiative or on application of an interested party a proceeding to determine the lawfulness of proposed rates, classifications, rules, and practices that are independently determined, or established by independent action, by motor common carriers providing transportation of non-household goods. Authorizes the ICC to make such a determination when a new rate, classification, rule, or practice established by independent action or collectively by an approved agreement is filed with the ICC by or on behalf of a motor common carrier or two or more interlining motor common carriers of non-household goods. Prohibits the ICC from investigating, suspending, revising, or revoking any rate proposed by a motor common carrier providing transportation of household goods on the grounds that such rate is unreasonable because too high or too low if specified requirements are met. Allows the ICC to take such action with respect to rates proposed by motor carriers providing transportation of non-household goods. Subjects the docketing of rates by independent actions by motor common carriers of property other than household goods to the U.S. antitrust laws. Bars construction as a violation of such antitrust laws the docketing of independent actions by motor carriers providing transportation of non-household goods. Prohibits the ICC from investigating, suspending, revising, or revoking any rate proposed by a motor common carrier providing transportation of non-household goods on the grounds that such a rate is unreasonable because too high, unless the proposed rate is established by independent action or established collectively under an agreement approved by the ICC. Declares that certain limitations on the establishment of rates, classifications, and rules by freight forwarders shall not apply if they are independently determined, or established by independent action, by a motor common carrier providing transportation of non-household goods. Authorizes such a motor common carrier to establish any transportation rate if it is independently determined or established by independnent action. Authorizes the ICC to grant relief, if consistent with the public interest and U.S. transportation policy, from any requirement that a motor common carrier providing transportation of non-household goods have in effect a rate for transportation service which does not limit its liability. Prohibits the ICC from prescribing the maximum reasonable charge or allowance that may be paid for certain shipper-furnished transportation services or facilities by motor common carriers providing transportation of non-household goods under rates that are independently determined or established by independent action. Prescribes alternative ways to satisfy a claim made by a motor carrier of non-household goods or by a non-household goods freight forwarder regarding the collection of rates in addition to those originally billed and collected. Provides for settlement of any dispute about such claims. Sets forth a statute of limitations for civil actions for the recovery of motor carrier charges and overcharges. Authorizes motor carriers and shippers to resolve overcharge and undercharge claims resulting from billing errors or incorrect tariff provisions arising from the inadvertent failure to timely file and maintain agreed upon rates, rules, or classifications. Requires a specified report to the Congress. Excepts motor contract carriers of property from the general requirement that contract carriers establish, and file with the ICC, rates for transportation and rules and practices related to such rates. Excepts a motor common carrier providing transportation of non-household goods under independently determined rates or rates established by independent action from the general requirement that carriers providing transportation or service include the rate for such transportation or service in a tariff. Declares any such rate, determined collectively by an agreement approved by the ICC or by independent action, to be considered a maximum rate. Excepts a motor common carrier providing transportation of non-household goods under independently determined rates or rates established by independent action from general tariff requirements. Declares that a motor contract carrier of property is not required to publish or file with the ICC actual or minimum rates. Excepts a motor contract carrier of property or of passengers from the requirement that contract carriers publish, file, and keep open for public inspection a notice of any proposed new or reduced rates. Declares that a published or filed rate shall be conclusive proof against a motor common carrier providing transportation of non-household goods that such rate is the maximum legal rate for the transportation or service with respect to civil actions involving transportation rebates and rate, discrimination, and tariff violations. Requires the Secretary of Transportation (Secretary) and the ICC to determine jointly by rule, after notice and opportunity for comment, the proper use of safety ratings (especially conditional and unsatisfactory ratings) in determining whether a motor carrier owner or operator or an applicant for an operating certificate meets certain safety fitness requirements. Amends the conditions for issuing a certificate or permit authorizing a person to provide transportation as a motor common or contract carrier of property or a motor contract carrier. Requires such an issuance if the person is able to comply with existing ICC regulations as well as: (1) certain safety fitness requirements established by the Secretary; and (2) certain minimum financial responsibility requirements. Requires the ICC in making such a finding to consider any evidence that the applicant is unable to comply with such requirements. Authorizes a person to protest an application on the basis that the applicant fails or will fail to comply with such requirements. Requires the ICC to find an applicant unfit if the applicant does not meet the safety fitness requirements. Subjects to certain commercial motor vehicle safety regulations motor carriers providing transportation of shipments weighing 100 pounds or less transported in a motor vehicle in which no one package exceeds 100 pounds and operating one or more commercial motor vehicles with a gross vehicle weight rating of 10,000 pounds or more. Authorizes one or more motor contract carriers of property providing transportation subject to ICC jurisdiction to enter into a contract with one or more purchasers of motor carrier services to provide specified services under specified rates and conditions to the extent permitted by the common law of contracts and the Uniform Commercial Code. Authorizes the ICC to suspend a certificate or permit of a motor carrier for failure to comply with certain safety fitness and minimum financial responsibility requirements. Authorizes States to exercise exclusive jurisdiction over intrastate motor carrier transportation of non-household goods. Requires the ICC to establish guidelines for determining whether the standards and procedures that a State authority will use in exercising jurisdiction over such transportation are in accordance with the standards and procedures applicable to regulation of motor carriers by the ICC. Sets forth specified State requirements. Authorizes any motor carrier providing transportation of non-household goods, and any party to an administrative proceeding of any State authority in which the lawfulness of intrastate motor carrier transportation of non-household goods is decided, to petition the ICC to review such decision. Grants the ICC authority to issue a certificate and permit authorizing a motor carrier providing transportation of non-household goods to provide such transportation of household goods to provide such transportation intrastate. Grants the ICC exclusive authority to prescribe an intrastate rate for such transportation when specified conditions are met.