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 · 22 September 1992
Family Choice and Universal Coverage Health Insurance Reform Act of 1992 - Title I: New Tax Credit for Health Expenses - Amends the Internal Revenue Code to provide a limited tax credit for coverage of the taxpayer, spouse, and dependents under a qualified health plan. Adjusts such amount for inflation. Phases out the exclusion from gross income for employer-provided health coverage. Makes such exclusion applicable only to individuals covered before the date of enactment of this Act. Terminates the medical expense deduction, the deduction for health insurance costs of the self-employed, and the health insurance earned income credit. Title II: Standards for Qualified Health Plans - Subtitle A: General Standards Relating to Benefits and Cost-Sharing, Underwriting, and Premiums for Federally-Qualified Health Plans - Specifies the required coverages of federally-qualified health plans for inpatient and outpatient hospital services, physicians' services, prenatal and well-baby and well-child care, diagnostic tests, inpatient prescription drugs, and emergency services. Allows such plans to impose cost-sharing for covered services with limitations. Prohibits the issuer of such plans from canceling or refusing to renew a policy except in the case of willful fraud, failure to pay premiums, or nonavailability. Prohibits premiums on plan renewals from taking into account claims experience or changes in health status. Subtitle B: Requirements for Current Employer Health Benefit Plans - Sets forth requirements with respect to conversion offers. Title III: Requirements on Employers - Sets forth requirements for employers with respect to withholding and remitting premiums and employee notification of contribution amounts. Requires the addition to employee wages of employer health plan contributions. Title IV: Requirements for States; Preemption of Certain State Laws; Changes in Medicaid and Medicare Programs - Requires each State, as a condition of receiving Federal funds for health care programs, to: (1) establish a health insurance program; (2) enroll each uninsured individual residing in the State; and (3) establish an office of State government to carryout such program. Sets forth requirements and administrative responsibilities of such program. Preempts State laws regarding: (1) mandated insurance benefits; (2) anti-managed care plans; and (3) certificate of need. Waives Medicaid requirements for States with an alternative health care coverage plan. Sets forth requirements for such plans. Amends the Social Security Act to eliminate Federal Medicaid payments to States for uncompensated care. Repeals the Medicare disproportionate share of hospital payment provisions. Title V: Medical Malpractice Reform - Subtitle A: Grants to States for Alternative Dispute Resolution Systems - Directs the Secretary of Health and Human Services to make grants to States for the implementation and evaluation of alternative dispute resolution (ADR) systems. Sets forth eligibility requirements for States seeking such grants. Directs the Secretary to award not less than ten such grants each fiscal year, with exceptions. Requires the Secretary to: (1) designate each State receiving such a grant as a model ADR State (making such State eligible for a two-year extension); and (2) disseminate information on the ADR systems implemented by such States to other States, health care professionals and providers, and other interested parties. Directs the Secretary to: (1) develop and promulgate standards and regulations necessary to carry out the grant program, including qualification standards that States must meet to receive grants and regulations establishing State data gathering requirements; (2) take into account, in developing qualfication standards, specified factors such as the effectiveness of such systems in supporting access to health care, encouraging improvements in the quality of care, resolving claims promptly, and providing predictable outcomes; (3) provide States with technical assistance; and (4) report to the Congress, within four years of the first grant, describing and evaluating the ADR systems implemented. Subtitle B: Uniform Standards for Malpractice Claims - Specifies that, with respect to any health care liability action brought in a Federal or State court and any medical malpractice claim or medical product liability claim subject to an ADR system: (1) no person may be required to pay more than $100,000 in a single payment in damages (whether for economic or non-economic losses) for expenses to be incurred in the future, but shall be permitted to make periodic payments (as determined by the court); (2) the total amount of damages that may be awarded to an individual for non-economic losses may not exceed $250,000; (3) the total amount of damages received by an individual shall be reduced by any other payment that has been or will be made to the individual to compensate such individual for the injury that was the subject of the action or claim; (4) a claimant's attorney's fees may not exceed 25 percent of the first $150,000 of any award or settlement, or 15 percent of any additional amounts, paid to the claimant; (5) the total amount of punitive damages that may be assessed may not exceed twice the total amount of the damages awarded to compensate the claimant for losses resulting from the injury; and (6) the liability of each defendant for non-economic losses shall be several only and not joint, and each defendant shall be liable only for the amount of non-economic losses allocated to the defendant in direct proportion to the defendant's percentage of responsibility. Establishes a two-year statute of limitations for medical malpractice and product liability claims, beginning on the earlier of the date on which the injury that is the subject of the action was discovered or the date it should reasonably have been discovered. Specifies that, in the case of a medical malpractice or product liability claim relating to services provided during labor or the delivery of a baby, if the claimant was not previously treated for the pregnancy by the defendant health care professional or provider a court may not find that the defendant committed malpractice and assess damages against the defendant unless the malpractice is proven by clear and convincing evidence. Bars a defendant from being found to have committed malpractice unless the defendant's conduct at the time of providing the health care services was not reasonable, except where the claimant asserts that the defendant is liable under a strict liability theory. Bars the award of punitive damages with respect to any medical product liability claim alleged against a medical product producer if the drug or device that is the subject of the claim: (1) was subject to approval or premarket approval under the Federal Food, Drug, and Cosmetic Act by the Food and Drug Administration (FDA) with respect to the safety or performance of the drug or device or the adequacy of the packaging or labeling; (2) was approved by FDA; or (3) is generally recognized as safe and effective pursuant to conditions established by FDA and applicable regulations. Makes an exception in the case of withheld information, misrepresentation, or illegal payment to an FDA official for purposes of securing approval of the drug or device. Provides for a separate proceeding to determine punitive damages. Sets forth provisions with respect to: (1) the admissibility of evidence; and (2) criteria for determining the amount of punitive damages. Provides that the U.S. district courts shall not have jurisdiction over health care liability actions based on Federal questions or based on specified provisions concerning commerce and antitrust regulations. Specifies that this title preempts State law only to the extent that State law: (1) permits the recovery by a claimant or the assessment against a defendant of a greater amount of damages; (2) permits the awarding of a greater amount of attorneys' fees; (3) establishes a longer period during which medical malpractice or product liability claims may be initiated; or (4) establishes a less strict standard of proof for determining whether a defendant has committed malpractice.
United States · United States Congress · 9 September 1992
Desert Storm Servicepersons' Readjustment Act of 1992 - Amends Federal veterans' benefits provisions to add a new chapter which implements the Persian Gulf War Educational Assistance Program. Makes eligible for full educational assistance under the Program each veteran of the Persian Gulf War (War) who either: (1) served on active duty for 90 days or more during the War, and was discharged or released under conditions other than dishonorable; (2) was in a reserve or National Guard component before August 2, 1990, and served during the War on active duty on or after such date, and was discharged or released under conditions other than dishonorable; or (3) was discharged or released from active duty any part of which was performed during the War, or following entrance into active service after enlistment or assignment in the reserve or National Guard, because of a service-connected disability. Outlines educational assistance entitlement provisions. Prohibits such educational assistance to be continued beyond ten years after the veteran's last discharge or release from active duty after August 2, 1990, with an exception for delays caused by a physical or mental disability which is not the result of the veteran's own willful misconduct. Allows a veteran who does not complete the education within the ten-year delimiting period to receive the remainder of his or her entitlement in the form of an educational loan if such veteran was pursuing an approved program of education on a full-time basis at the time of the expiration of such veteran's eligibility. Outlines provisions concerning the extension of the educational assistance entitlement for a veteran whose delimiting period is extended due to mental or physical disability reasons. Allows an active-duty veteran of the War to use any unused educational entitlement for pursuing: (1) a program of apprenticeship or other on-job training; (2) a course with an approved vocational objective; or (3) a program of secondary education, if the veteran does not have a secondary school diploma or equivalency certificate. Directs the Secretary of Veterans Affairs to provide such a veteran with necessary employment counseling to assist the veteran in obtaining employment consistent with such veteran's abilities, aptitudes, and interests. Allows educational assistance for the pursuit of apprenticeship, on-job training, or for vocational objectives unless the Secretary determines that the veteran is not in need of such a program or course in order to obtain a stable employment situation consistent with such veteran's abilities and aptitudes. Outlines provisions concerning the monthly rate of such educational assistance, and prohibits a veteran's last discharge or release from active duty to include a period of active duty of fewer than 90 days, unless released for a service-connected disability, preexisting medical condition, for hardship, or as a result of a reduction in force. Outlines provisions concerning the furnishing of such assistance, and the running of the delimiting period, for veterans: (1) having a change, correction, or modification made to their personnel records in connection with their discharge or release; or (2) who, subsequent to their discharge or release, were captured and held as prisoners of war by a foreign government or power. Directs the Secretary to make available, upon the request of any eligible veteran under this Act, counseling and other services deemed necessary to aid such veteran in selecting: (1) an educational objective and the educational institution appropriate for achieving such objective; or (2) an employment objective in light of the veteran's personal circumstances. Directs the Secretary to take appropriate steps to inform such veterans of the availability of such services. Allows each eligible veteran under this Act to select a program of education at any educational institution approved by the Department of Veterans Affairs and selected by the veteran, which will accept and retain the veteran in any field which such institution finds the veteran qualified to undertake or pursue. Outlines application requirements, requiring each eligible veteran to make such application to the Secretary. Directs the Secretary to approve such application unless specified conditions exist. Disapproves certain courses for educational assistance under this Act (bartending, certain sales or sales management courses, courses found to be avocational or recreational in character, or independent study programs which do not lead to a college degree). Outlines certain conditions required for the approval of certain other courses. Prohibits the Secretary from approving the enrollment of an eligible veteran in any course for which the Secretary finds that 85 percent of the students enrolled in such course are having all or part of their tuition paid by the educational institution or by the Department, with a waiver of such prohibition if found to be in the best interest of the eligible veteran and the Government. Provides further exceptions to such prohibition. Directs the Secretary to discontinue the educational assistance allowance of an eligible veteran if the Secretary finds at any time that the veteran's attendance, conduct, or progress is unsatisfactory. Allows the Secretary to renew such assistance under limited circumstances. Prohibits a veteran from enrolling in any course at an educational institution outside the United States unless such course is pursued at an institution of higher learning and is approved by the Secretary. Directs the Secretary to provide educational assistance to each eligible veteran under this Act in the form of a monthly educational assistance allowance. Outlines provisions concerning the computation of such monthly allowance, with the amount differing with each type of program pursued (full-time, three-quarter-time, half-time, or cooperative) as well as with the number of dependents such veteran has. Requires such rates to be increased annually by the percentage increase in the Consumer Price Index. Allows a veteran up to six months of educational assistance for the pursuit of refresher training to update such veteran's knowledge and skills and to be instructed in technological advances which have occurred in such veteran's field of employment since the period of the veteran's active military service. Provides for the computation of the educational assistance allowance of an eligible veteran pursuing an independent study program which leads to a standard college degree, pursuing a course in part by open circuit television, or pursuing a program of education while incarcerated for conviction of a felony. Requires all courses of education to be approved by the Department before such allowances are paid. Authorizes any eligible veteran to pursue a program of apprenticeship or other on-job training, or a program of education exclusively by correspondence and be paid an allowance under appropriate provisions. Provides for the payment of an additional educational assistance allowance in the form of a work-study allowance to individuals performing certain work services while attending educational courses or receiving apprenticeship or other on-job training. Outlines work-study allowance requirements, limitations, and conditions. Requires the Secretary, wherever feasible in carrying out the work-study allowance provisions, to give priority to veterans with disabilities rated at 30 percent or more. Requires individuals performing work-study and receiving its allowance to be at least three-quarter-time students while completing the work-study agreement. Directs the Secretary to determine the number of individuals to participate in work-study in each geographical region of the Department, based on an annual survey. Requires such individuals, while performing such work-study, to be considered Federal employees for purposes of certain Federal benefits. Authorizes the Secretary to approve the enrollment of a veteran in an appropriate course or other special educational assistance program in the case of an eligible veteran who: (1) has not received a secondary school diploma (or its equivalent); or (2) is not on active duty and who, in order to pursue a program for which such veteran would otherwise be eligible, needs refresher courses, deficiency courses, or other preparatory or special educational assistance to qualify for admission to an appropriate educational institution. Provides for the payment of the appropriate educational assistance allowance in each of the above cases. Authorizes the Secretary to pay an educational assistance allowance to an eligible veteran receiving tutorial assistance while: (1) enrolled in and pursuing a postsecondary course of education on a half-time or more basis; and (2) having a deficiency in an area which is a prerequisite to successfully completing such course of education. Computes the amount of such educational assistance allowance. Requires an individual entitled to educational assistance under this Act and also entitled to educational assistance under another Federal program to elect a single program for such assistance. Requires the educational assistance programs established by this Act to be administered by the Department. Designates payments made for such assistance as incremental costs associated with Operation Desert Storm. Directs the Secretary to report biennially to the Congress on the operation of programs established under this Act. Amends Federal veterans' benefits provisions with respect to the Montgomery GI Bill basic educational assistance program to provide that the amount by which an individual's basic pay is reduced on or after August 1, 1990, shall be deemed to be payable to such individual as readjustment assistance and paid to such individual by the Secretary. Requires an individual to be paid back as readjustment assistance that amount representing reductions from such individual's basic pay prior to August 1, 1990, where such individual demonstrates that, for good cause shown, he or she was unable to receive the educational assistance for which such reductions were made. States that the authority to reduce an individual's basic pay shall terminate upon the enactment of this Act. States that, after such time, any individual who made an election not to receive educational assistance under the Montgomery GI Bill shall be entitled to such assistance, with specified monthly reductions in the amount of such assistance which represents the reductions not taken from the basic pay of such individual during the period in which the prior election not to be covered was in effect. Provides that all members who enter onto active duty after August 2, 1990, shall be deemed to have elected to receive educational assistance. Makes identical revisions to provisions concerning the basic educational assistance entitlement for service in the Selected Reserve. Increases the amount of monthly educational assistance under the Montgomery GI Bill program and directs (current law authorizes) the Secretary to make such payments and to increase annually the amount of such payments by the percentage increase in the Consumer Price Index. Authorizes appropriations from the Defense Cooperation Account for payments in FY 1992 through 1995 of the costs of educational assistance programs established under this Act. Designates such costs as incremental costs associated with Operation Desert Storm and therefore exempt from sequestration under the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act). Amends various Federal provisions regarding veterans' education and training programs to incorporate appropriate references to the provisions added by this Act.
United States · United States Congress · 12 August 1992
Authorizes the President, on behalf of the Congress, to present a gold medal to John Birks "Dizzy" Gillespie in recognition of his accomplishments as a musician. Authorizes appropriations. Authorizes the Secretary of the Treasury to provide for the sale of bronze duplicates of the medal.
United States · United States Congress · 4 August 1992
Commends: (1) the many heroic individuals who acted at great risk to save Jews from death during the Holocaust; and (2) the Jewish Foundation for Christian Rescuers for its work in recognizing, honoring, and encouraging the people of the world to show the altruism and moral courage of such heroic individuals.
United States · United States Congress · 31 July 1992
Repeals specified portions of the Unemployment Compensation Amendments of 1992 (Public Law 102-318) which: (1) provide for optional trustee-to-trustee transfers of eligible rollover distributions; and (2) impose a withholding tax on distributions not so transferred. Requires the Internal Revenue Code to be applied and administered as if such provisions (and the amendments made by such provisions) had not been enacted.
United States · United States Congress · 9 July 1992
Repeals provisions of Federal transportation law and the Intermodal Surface Transportation Efficiency Act of 1991 requiring a national maximum speed limit of 55 mph.
United States · United States Congress · 9 July 1992
Mandate and Community Assistance Reform Act - Title I: Termination or Suspension of Unfunded Federal Mandates; Consolidation and Simplification of Planning and Reporting Requirements - Requires termination or suspension of an unfunded Federal mandate, or the consolidation or simplification of an associated planning or reporting requirement, upon a recommendation to the Congress to that effect by the Commission on Unfunded Federal Mandates (established by this Act). Provides that all such recommendations shall take effect automatically unless the Congress enacts a joint resolution disapproving such recommendations within 60 days of their submittal. Sets forth guidelines for congressional consideration of the Commission's recommendations. Title II: Commission on Unfunded Federal Mandates - Establishes the Commission on Unfunded Federal Mandates to: (1) investigate and review the role of unfunded Federal mandates in relations among local, State, and Federal governments; and (2) study and make recommendations to the Congress regarding the termination or suspension of a certain number of unfunded Federal mandates, or the consolidation or simplification of associated planning or reporting requirements. Requires the Commission to recommend to the Congress also: (1) a process by which State and local governments can participate in meeting national domestic objectives without the burden created by unfunded Federal mandates; and (2) those programs currently funded, operated, or administered by the Federal Government which the Commission determines would be operated or administered more effectively and efficiently by States and localities, without increases in State or local government obligations or outlays. Provides for termination of the Commission. Authorizes appropriations. Title III: Integrated Federal Assistance - Community Assistance Improvement Act of 1992 - Enables local governments to integrate federally funded programs under community-based assistance plans tailored for their distinct needs and constituencies and structured to address problems affecting low-income citizens that cross existing Federal assistance categories. Provides for payments to local governments of amounts available under a covered Federal assistance program for use in accordance with an integrated assistance plan approved by the Interagency Review Council (establish by this Act). Provides that eligibility for benefits under a covered Federal assistance program under an approved integrated assistance plan shall be only in accordance with the plan. Details the process for applying for approval of an integrated assistance plan. Specifies application and plan contents. Provides for implementation of approved integration assistance plans. Requires a local government applying for approval of an integrated assistance plan to establish a Community Advisory Committee. Requires the Committee to advise a local government in the development and implementation of its integrated assistance plan. Authorizes the Interagency Review Council to provide for technical assistance to a local government in developing information necessary for the design or implementation of an integrated assistance plan for which approval is sought under this Act. Sets forth guidelines for local governments to request such assistance. Establishes the Interagency Review Council for the purposes described above. Title IV: Estimation of Legislative Impact on State and Local Governments - Amends the Congressional Budget Act of 1974 to: (1) strike language stating that cost estimates are required only if submitted in a timely manner; (2) require that a cost estimate accompany the conference report of legislation; and (3) require budget reconciliation instructions to direct any committee receiving such instructions to include in any reconciliation legislation carrying them out a Congressional Budget Office estimate of the total cost of their provision. Title V: Regulatory Flexibility Analysis - Amends the Regulatory Flexibility Act to modify provisions respecting judicial review of agency rules.
United States · United States Congress · 2 July 1992
Credit Availability and Regulatory Relief Act of 1992 - Title I: Supervisory Reforms - Amends the Federal Deposit Insurance Act to authorize the appropriate Federal banking agency to exempt any insured depository institution owned or controlled by a depository institution holding company from statutory examination requirements if: (1) the agency is satisfied that adequate internal controls and examination procedures exist within the holding company structure; and (2) the institutions owned or controlled by the holding company having at least 80 percent of all insured depository institutions owned or controlled by such holding company have been subjected to onsite examinations. Modifies statutory auditing and reporting requirements in order to reduce the regulatory costs incurred by insured depository institutions. Requires the Small Business Administration together with specified financial institution regulatory agencies to conduct a joint study and report to the Congress on the appropriate methods to obtain the information needed to assess the availability of credit to small businesses, including minority-owned small businesses and small farms. Repeals the existing mandate for certain regulatory standards for safety and soundness. Requires the appropriate Federal banking agencies to review their regulations and adopt uniform regulations. Excludes from bank closure requirements specified branches and automated teller machines. Amends the Federal Reserve Act to modify the aggregate statutory limits on insider lending. Repeals the current statutory mandate with respect to the regulation of interbank risks. Amends the Federal Deposit Insurance Act to change the assessment base calculation for deposit insurance premiums (from the two most recent quarterly call reports of the institution to the next-to-last call report and the one immediately before it). Amends the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 to: (1) establish a threshold of $100,000 or less level below which State-certified or State-licensed appraisers are not required for certain Federal real estate-related transactions; and (2) prohibit the States from requiring State-certified or State-licensed appraisers for such transactions. Amends the Community Reinvestment Act of 1977 to set forth guidelines for self-certification of small rural regulated financial institutions that have complied with such Act. Requires the appropriate Federal financial supervisory agency to investigate any allegation filed against a regulated financial institution regarding whether it is helping to meet the credit needs of its community, consistent with safe and sound operation of the institution. Modifies the regulatory the guidelines for such institutions. Amends the Federal Deposit Insurance Act to require: (1) the appropriate Federal banking agencies to jointly establish application requirements to reduce duplicative filings by depository institutions; and (2) the Federal Deposit Insurance Corporation (FDIC) to minimize the regulatory burden imposed upon insured depository institutions. Removes certain interest rate restrictions placed upon depository institutions that are adequately capitalized. Repeals provisions relating to private deposit insurers and deposit institutions lacking Federal deposit insurance. Prohibits the Federal Trade Commission from bringing an action or proceeding against a private deposit insurer for non-compliance with the requirement to complete a certain annual audit within a specified time period. Requires the Secretary to study and report to the Congress on: (1) those measures necessary to ensure adequate public disclosure of depository institutions that lack Federal deposit insurance; and (2) the appropriateness of imposing audit requirements on private deposit insurers. Amends the Federal Deposit Insurance Corporation Improvement Act of 1991 to delay the effective dates for specified new requirements for insured financial institutions. Amends the Home Owners' Loan Act to accelerate the effective date by which savings associations may engage in certain affiliate transactions permitted for banks. Title II: Non-Supervisory Reforms - Subtitle A: Expedited Funds Availability and Electronic Transfers - Amends the Expedited Funds Availability Act to eliminate next-day availability schedules for checks drawn on and deposited at an automated teller machine of the same depository institution. Makes the availability schedule for new accounts applicable during the 90-day (currently 30-day) period beginning on the date the account is established. Authorizes the Board of Governors of the Federal Reserve System (the Federal Reserve Board) to establish rules imposing liability and allocating risk of loss among depository institutions and other entities participating in the payments system, including the States and political subdivisions on which checks are drawn. Subtitle B: Amendments to the Truth in Lending Act - Amends the Truth in Lending Act to: (1) exempt from its purview credit transactions involving consumers whose income or net worth exceeds specified thresholds; and (2) prohibit the recovery of punitive damages. Subtitle C: Homeownership Amendments - Amends the Real Estate Settlement Procedures Act of 1974 to exempt lenders who finance the purchase of residential real estate from requirements to provide certain information booklets to borrowers if the lender denies the loan application within three business days after it is received. Amends the Home Mortgage Disclosure Act of 1975 to index the asset size of depository institutions exempt from the Act to increases in the Consumer Price Index. Amends the Competitive Equality Banking Act of 1987 to apply the definition of "adjustable rate mortgage loan" with respect to the interest rate cap to consumer loans only. Prohibits an appropriate Federal banking agency from requiring any depository institution to engage in Fair Housing Act data collection activities if such activities are already required under the Home Mortgage Disclosure Act of 1975. Subtitle D: Amendments to the Truth in Savings Act - Amends the Truth in Savings Act to direct the Federal Reserve to exempt certain broadcast, electronic, or outdoor advertisements from interest-rate disclosure requirements, as well as (at the Board's discretion) interest rate notice boards on the premises of an institution. Authorizes the Board to exempt or modify certain disclosure requirements with respect to specified accounts and interest rates. Limits the civil liability of a depository institution to an accountholder to the actual damages sustained. Subtitle E: Expedited Procedures for Bank Holding Companies - Amends the Bank Holding Company Act to set forth expedited procedures by which banks may reorganize into bank holding companies. Amends the Securities Act of 1933 to: (1) reflect such expedited procedures; and (2) prescribe expedited procedures for bank holding companies to seek approval to engage in nonbanking activities. Amends the Bank Holding Company Act of 1956 and the Federal Deposit Insurance Act to permit, with the concurrence of the Attorney General, the reduction to five days of the post-approval waiting period for bank holding company acquisitions and bank mergers.
United States · United States Congress · 2 July 1992
Fiscal Accountability and Impact Reform Act (FAIR Act) - States that one purpose of this Act is to assist the Congress in consideration of proposed legislation establishing or revising Federal programs to assure that, to the maximum extent practicable, legislation enacted will: (1) minimize the burden of such legislation on expenditure of scarce local public resources by State and local governments; (2) minimize inefficient allocation of economic resources; and (3) reduce the adverse effect of such legislation on the ability of State and local governments to use local public resources to meet local needs, and on allocation of economic resources, full employment, and international competitiveness. States that a second purpose of this Act is to require Federal agencies to exercise discretionary authority and implement statutory requirements in a manner which, consistent with agency mission and Federal law, minimizes the impact of regulations and other major Federal actions affecting the economy on: (1) the ability of State and local governments to use local public resources to meet local needs; and (2) the allocation of economic resources, full employment, and international competitiveness of American goods and services. Title I: Legislative Reform - Provides that whenever a committee of either House reports a bill to its House which mandates unfunded requirements upon State and local governments or the private sector, the report accompanying that bill shall analyze the effect of the new requirements on: (1) State and local government expenditures necessary to comply with Federal mandates; (2) private businesses; and (3) economic growth and competitiveness. Title II: Agency Impact Analysis - Requires, to the fullest extent practicable, that: (1) the policies, regulations, and public laws of the United States be interpreted and administered in accordance with the purposes of this Act; (2) all Federal agencies, consistent with attainment of the requirements of Federal law, minimize the adverse effects of rules affecting the economy; and (3) Federal agencies take certain actions in promulgating new rules, reviewing existing rules, developing legislative proposals, or initiating any other major Federal action affecting the economy whenever an agency identifies two or more alternatives which will satisfy the agency's statutory obligations. Provides that, whenever an agency publishes a general notice of proposed rulemaking, promulgates a final rule, or before initiating or implementing any other major Federal action affecting the economy, the agency shall prepare and make available for public comment an Economic Impact Assessment. Specifies the contents of such an assessment. Provides for judicial review of final agency actions for compliance with this title.
United States · United States Congress · 23 June 1992
Open Space Preservation Act of 1992 - Amends the Internal Revenue Code to exclude from the gross estate tax the value of land subject to a qualified conservation easement (less the amount of any indebtedness secured by such land). Includes in the gross estate tax the value of each development right retained by the donor in the conveyance of the easement. Makes such tax due upon the disposition of the property. Provides that such land subject to the exclusion will have a carryover basis for purposes of determining gain or loss. Excludes from the gift tax transfers by gift of land subject to a conservation easement (other than development rights retained by the donor of such easement). Defers the reduction in certain estate tax rates after 1993 and before 1998.
United States · United States Congress · 17 June 1992
Calls upon the President to urge the United Nations Security Council to direct the Secretary General of the United Nations to provide a plan and budget for intervention as may be necessary to enforce the Security Council resolutions seeking cessation of hostilities in the former republics of Yugoslavia.
United States · United States Congress · 11 June 1992
Cash Management Improvement Act Amendments of 1992 - Amends the Cash Management Improvement Act of 1990 (the Act) to remove the two-year deadline for the Secretary of the Treasury to prescribe regulations for the timely disbursement of Federal funds. Extends the deadline for the Secretary to enter into agreements with States for intergovernmental financing and to prescribe regulations for such financing from October 24, 1992, until July 1, 1993, or by the first day of a fiscal year of the State which begins in 1993, whichever is later. Makes the Act effective on such date. Extends for one year the report to the Congress by the Comptroller General on the implementation of such Act.
United States · United States Congress · 11 June 1992
Amends the Federal Aviation Act of 1958 to require the Administrator of the Federal Aviation Administration, before assessing a civil penalty against any certificate-holding airmen and air carriers, to: (1) advise them of the charges or reasons relied upon for the Administrator's proposed action; and (2) provide them with an opportunity to answer such charges and be heard as to why the civil penalty should not be assessed. Authorizes such individuals to appeal such a penalty to the National Transportation Safety Board (NTSB). Provides for the judicial review of a NTSB order. Authorizes the NTSB to change an Administrator's order amending, modifying, or reversing a certificate to an order assessing a civil penalty.
United States · United States Congress · 10 June 1992
Provides for all Federal civilian and military retirees to receive the full cost-of-living adjustment in annuities payable under Federal retirement systems for 1993. (Includes benefits payable under the Civil Service Retirement and Disability System, military retirement and survivor benefit programs, the Foreign Service Retirement and Disability System, the Central Intelligence Agency Retirement and Disability System, and railroad retirement programs.)
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 · 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 · 28 May 1992
Animal Medicinal Drug Use Clarification Act of 1992 - Amends the Federal Food, Drug, and Cosmetic Act to allow, on order of a veterinarian: (1) a new animal drug approved for one use to be used for a different purpose, provided the use does not result in residues in food in violation of established safe levels for the drug; and (2) a new drug approved for human use to be used in non-food producing animals.
United States · United States Congress · 28 May 1992
Used Oil Recycling Act of 1992 - Amends the Solid Waste Disposal Act to prohibit the listing or identification of used oil destined for recycling, used oil to be burned for energy recovery, recycled oil, or affiliated material as hazardous wastes. Requires the Administrator of the Environmental Protection Agency to: (1) promulgate regulations for the management of used oil and to encourage recycling of such oil; and (2) take into account the effect of such regulatons on small businesses. Exempts from such regulations used oil generated, collected, or stored by an individual who removes oil from the engine of a motor vehicle, aircraft, household appliance, or item of domestic equipment if owned by such individual and used only for personal purposes. Sets forth regulation requirements for used oil generators, including to: (1) prohibit the storage of used oil in an underground tank unless it meets specified requirements of the Solid Waste Disposal Act; (2) prohibit the storage of used oil for more than 12 months; (3) make used oil in above ground tanks subject to the Spill Prevention and Countermeasure Control Plan requirements of the Federal Water Pollution Control Act; and (4) require owners or operators of such tanks or other used oil containers to notify the Administrator of releases of used oil in excess of 25 gallons and to clean up such releases and comply with closure or disposal requirements. Authorizes the transfer of used oil by generators only to: (1) a permitted used oil recycling facility or a burner of used oil for energy recovery that complies with specifed regulations; (2) a permitted hazardous waste management facility; or (3) a used oil transporter obligated by contract to deliver used oil to another such transporter or to one of the aforementioned facilities. Sets forth recordkeeping requirements for generators, transporters, and recyclers and requires records to be maintained for at least three years. Applies used oil storage and transfer requirements for generators to transporters, except permits transporters to store such oil for only 60 days before transferring it to another transporter or authorized facility. Requires transporters to: (1) comply with all requirements of the Secretary of Transportation for the shipping of used oil; (2) comply with financial responsibility requirements of the Hazardous Materials Transportation Act; and (3) have identification numbers provided by the Administrator. Sets forth regulation requirements for recyclers of used oil. Exempts from regulations used oil generated by: (1) petroleum refining or exploration, production or transportation facilities, or bulk terminals which is to be refined or processed along with normal process streams at a refining facility; and (2) a manufacturer or processor or by an electric or gas utility that is processed, reclaimed, or refined by such generator or its parent, subsidiary, or corporate affiliate, provided that the oil is reused by such entities and such activities meet certain storage, shipping, financial responsibility, contingency, and release detection requirements under this Act. Applies storage requirements similar to those for generators and transporters to recyclers, as well as requiring: (1) aboveground storage tanks and containers of used oil recyclers to comply with hazardous waste storage standards; (2) recyclers to maintain contingency plans to minimize unanticipated damage from used oil; (3) recyclers to comply with requirements for maintenance and operation of used oil recycling facilities and training of personnel; (4) detection of releases of used oil at recycling facilities and cleanup; (5) testing by recyclers, prior to processing, of all used oil received for levels of arsenic, cadmium, chromium, lead, halogens, polychlorinated biphenyls (PCBs), and other materials, as appropriate, and for the testing of fuel for such materials before it leaves the facility; (6) the separate storage of used oil contaminated with any hazardous waste for a specified time period; (7) financial responsibility equivalent to that required for hazardous waste facilities; and (8) class permits for recycling facilities. Requires the Administrator to conduct annual inspections of used oil recycling facilities to determine compliance with permit requirements. Makes a facility ineligible to apply for a permit if: (1) the facility has utilized any pit, pond, lagoon, or other surface impoundment for containing used oil; and (2) there has been a release from such impoundments which requires corrective action or is otherwise subject to post closure care requirements. Permits States to be authorized by the Administrator to carry out permit programs. Prohibits: (1) the placement of used oil in such impoundments or in any uncovered tank; (2) the mixing of used oil with a hazardous waste unless the mixture is managed as a hazardous waste; and (3) the use of used oil as a dust suppressant. Requires the Administrator to promulgate regulations for the closure of such impoundments and tanks containing used oil, to include requirements for: (1) corrective action or postclosure care; (2) allowable fuel specification levels for lead and halogens for the burning of used oil for energy recovery; and (3) lead levels for the burning of industrial specification used oil. Requires oil fuels failing to meet lead limitations to be burned in specified facilities. Directs the Administrator to implement education activities to inform the public about the hazards associated with the improper handling and disposal of used oil and the benefits derived from legitimate used oil recycling. Authorizes appropriations. Requires the Administrator to publish guidelines to assist State and local governments and other public service organizations in the development of used oil collection programs. Makes used oil generators who comply with this Act eligible for an exclusion from cost recovery authorities of the Comprehensive Environmental Response, Compensation and Liability Act. Directs the Administrator to propose regulations establishing guidelines for the procurement of used oil by Federal agencies and other governmental entities.
United States · United States Congress · 21 May 1992
Withdraws most favored nation status from the Federal Republic of Yugoslavia. Authorizes the President to restore such status after he certifies to the Congress that: (1) such treatment would promote compliance with the provisions of the Final Act of the Conference on Security and Cooperation in Europe; and (2) Yugoslavia has ceased its armed conflict with the other ethnic peoples of the region, and has agreed to respect the borders of the six republics, that formerly comprised the Socialist Federal Republic of Yugoslavia.
United States · United States Congress · 21 May 1992
Fundamental Competitiveness Act of 1992 - Title I: Public Debt Reduction - Allows individual taxpayers to designate a portion of tax liability (not to exceed ten percent) on their tax returns to reduce the public debt. Establishes the Public Debt Reduction Trust Fund consisting of amounts so designated. Amends the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) to provide for a sequestration of revenues equivalent to the estimated aggregate amount so designated. Specifies accounts exempted from such sequestration and establishes reporting requirements with respect to budget procedures. Title II: Capital Formation - Establishes a method of computing the credit for increasing research activities based on aggregate research expenses, as an alternative to the method based on qualified research expenses. Establishes a variable capital gains deduction whose formulas on a sliding scale range from ten percent for assets held for one year up to 100 percent for assets held for ten years. Allows a deduction of 50 percent of the capital gain from stock investments by non-corporate taxpayers in start-up companies where initial stock offerings are held for two years. Requires indexing, based on the gross national product deflator, of the adjusted basis of certain assets (corporate stock and tangle property that is a capital asset of property used in a trade or business) that have been held for more than one year at the time of sale or other disposition, solely for the purpose of determining gain or loss. Permits an income tax deduction in the amount of dividends paid by domestic corporations, except S corporations, regulated investment companies, real estate investment trusts, and personal holding companies. Repeals the income tax deductions currently permitted in connection with: (1) dividends received by a corporation; (2) dividends received by a corporation on the preferred stock of a public utility; and (3) dividends paid by a public utility on its preferred stock. Increases the deductible percentage of amounts received by a corporation from a qualified ten-percent owned foreign corporation. Allows a charitable deduction for corporate contributions of employee volunteer services to an educational organization. Establishes an investment tax credit for manufacturing and other productive equipment. Provides for determining the applicable percentage of such credit, which includes an efficiency improvement percentage. Increases the limitation based on the amount of tax for purposes of the general business credit. Provides for the treatment of losses on stock in manufacturing companies as ordinary (as opposed to capital) losses. Allows a partial exclusion of dividends or interest received by an individual. Provides for ordinary-loss treatment for losses on investments in a qualified startup company. Describes such company as one which: (1) manufacture tangible personal property in the United States; (2) does not involve a business acquired from another person; and (3) has not been in existence for more than one taxable year at the time it issued stock. Title III: Antitrust - Amends the Clayton Act to bar the acquisition by one corporation of stock of another, subject to specified conditions, where there is a significant probability that such acquisition will substantially increase the ability to exercise market power (currently, where the effect of such acquisition may be to substantially lessen competition or to tend to create a monopoly). Defines the ability to exercise market power for purposes of such provision as the ability of one or more firms profitably to maintain prices above competitive levels for a significant period of time. Directs the court, in determining whether there is a significant probability that any acquisition will substantially increase the ability to exercise market power, to consider all economic factors relevant to the effect of the acquisition in the affected markets, including: (1) the number and size distribution of firms and the effect of the acquisition thereon; (2) the ease or difficulty of entry by foreign or domestic firms; (3) the ability of smaller firms in the market to increase production in response to an attempt to exercise market power; (4) the nature of the product and terms of sale; (5) conduct of firms in the market; (6) efficiencies deriving from the acquisition; and (7) any other evidence indicating whether the acquisition will or will not substantially increase the ability, unilaterally or collectively, to exercise market power. Amends the National Cooperative Research Act of 1984 to include a joint production venture within the scope of such Act as an activity that shall not be deemed illegal per se under the antitrust laws. Changes the short title of such Act to the National Cooperative Research, Development, and Production Act. Title IV: Business Liability - Subtitle A: Findings - Makes findings with respect to the increasing amount of litigation in our society and the desirability of encouraging alternative dispute mechanisms and providing uniform legal standards in the areas of professional and product liability. Subtitle B: Professionals' Liability Reform - Professionals' Liability Reform Act of 1992 - Establishes certain limitations and procedures regarding professional liability actions. Preempts certain State laws. Provides that nothing in this Act shall prohibit any State from developing or implementing alternative procedures for: (1) expediting the adjudication of professional liability claims; (2) resolving professional liability disputes; or (3) compensating for harm caused by professional services. Requires professional liability actions to be brought within three years after the claimant discovered, or should have discovered, the harm. Requires the claimant, in any professional liability action, to establish: (1) that the professional negligently rendered professional services and that such negligence was the proximate cause of the harm; or (2) in a claim for economic injury, that the professional negligently rendered professional services to and for the direct and intended benefit of the claimant, and such services were the proximate cause of the harm. Requires the claimant to establish that, at the time such services were provided, knowledge of the circumstances that caused the harm and a practical means to eliminate such circumstances were reasonably available. States that a professional shall not be liable in a professional liability action in which: (1) the professional's services were rendered to an agency of the Federal or State government; (2) Federal or State contract specifications existed which were material to the claim; and (3) the services rendered conformed to such specifications. Permits future damage awards exceeding $100,000 to be made by periodic payments. Requires that damage awards be offset by any amount received as compensation for the same injury. Establishes a contingency fee schedule for plaintiffs' attorneys. States that the principles of comparative liability shall apply unless persons engaged in concerted action which proximately caused the harm. Permits the awarding of punitive damages only where the conduct of the defendant: (1) manifested a malicious and reckless disregard for safety; and (2) constituted an extreme departure from accepted standards of safety. States that punitive damages may not be awarded in the absence of a compensatory award, or for the negligent provision of professional services. Requires the trier of fact, at the request of the professional, to consider in a separate proceeding whether punitive damages are to be awarded. Limits the claimant's actual recovery of punitive damages to three times the amount of compensatory damages. States that excess punitive damages shall be paid to the State or Federal government. Makes any attorney who files a frivolous claim subject to pecuniary sanctions by the court. Requires each State to encourage professional organizations to form risk management programs. Subtitle C: Product Liability Fairness - Part I: General Provisions - Product Liability Fairness Act - Declares that this Act governs any product liability action brought against a manufacturer or product seller, on any theory, for harm caused by a product. States that a civil action brought against a manufacturer or product seller for loss or damage to a product itself or commercial loss shall be governed by applicable commercial or contract law. Supersedes any inconsistent State law regarding recovery in such actions. Lists specific laws not superseded, including: (1) defense of sovereign immunity asserted by any State or by the United States; (2) any Federal law (except the Federal Employees Compensation Act and the Longshore and Harbor Workers' Compensation Act); (3) the Foreign Sovereign Immunities Act of 1976; (4) State choice-of-law rules; (5) the right of any court to transfer venue or to apply the law of a foreign nation or to dismiss a claim of a foreign nation or citizen on the ground of inconvenient forum; and (6) any statutory or common law cause of action, including an action to abate a nuisance, that authorizes a State or person to institute an action for civil damages or civil penalties, clean up costs, injunctions, restitution, cost recovery, punitive damages, or any other form of relief from contamination or pollution of the environment or the threat of it. Declares that U.S. district courts shall not have jurisdiction over any civil action under this Act, based on specified provisions of Federal law relating to district court jurisdiction. Declares that, if any provision of this Act would shorten the period during which a manufacturer or seller would otherwise be exposed to liability, the claimant may, notwithstanding that period, bring any civil action under this Act within one year after the effective date of this Act. Part II: Out of Court Procedures - Allows any claimant to bring a civil action for damages against a person for harm caused by a product under applicable State law, except to the extent such law is superseded by this title. Sets forth expedited settlement measures, including: (1) an option to include an offer of settlement, for a specific dollar amount, by the plaintiff in the complaint and by the defendant in a responsive pleading; and (2) awarding attorney's fees and costs, in certain circumstances, to the prevailing party if the other party does not accept the settlement offer. Sets forth alternative dispute resolution procedures, including: (1) an option, in lieu of or in addition to a settlement offer, for a claimant or a defendant to offer to proceed under any voluntary alternative dispute resolution procedure established or recognized under the law of the State in which the action is brought or maintained; and (2) awarding of attorney's fees and costs to the offering party if the court determines that a refusal to so proceed was unreasonable or not in good faith. Creates a rebuttable presumption that a refusal to so proceed was unreasonable, or not in good faith, if a verdict is rendered in favor of the offeror. Part III: Court Procedures - Allows a person seeking to recover for harm caused by a product to bring a civil action against the manufacturer or seller under applicable State or Federal law, except to the extent such law is superseded by this Act. Establishes a standard of product seller liability for proximate causes of harm, established by a preponderance of the evidence, which fall under the categories of negligence or express warranty. Allows the trier of fact, in a negligence action, to consider the conduct of the seller with respect to: (1) the construction, inspection, or condition of the product; and (2) failure to pass on warnings or instructions from the manufacturer. Deems the seller not liable for failure to provide warnings or instructions unless the claimant establishes that the seller failed to: (1) provide warnings or instructions received while the product was in the seller's possession and control; or (2) make reasonable efforts to provide users with warnings and instructions which it received after the product left its possession and control. Deems a seller not liable except for breach of warranty where there was no opportunity to inspect the product in a manner which would or should, in the exercise of reasonable care, have revealed the aspect which allegedly caused the harm. Declares that the seller shall be treated as the manufacturer and be liable for harm caused by a product as if it were the manufacturer if: (1) the manufacturer is not subject to service of process in any State in which the action might have been brought; or (2) the court determines that the claimant would be unable to enforce a judgment against the manufacturer. Allows punitive damages, if otherwise permitted by applicable law, to be awarded in any civil action under this title to any claimant who establishes by clear and convincing evidence that the harm suffered was the result of conduct manifesting a manufacturer's or product seller's conscious, flagrant indifference to the safety of those persons who might be harmed by a product. Declares that a failure to exercise reasonable care in choosing among alternative product designs, formulations, instructions, or warnings is not of itself such conduct. Prohibits awarding punitive damages in the absence of a compensatory award, subject to exception. Prohibits punitive damages against a manufacturer or seller of a drug or medical device where: (1) the drug or device was subject to pre-market approval by the Food and Drug Administration (FDA); or (2) the drug is generally recognized as safe and effective under conditions established by the FDA. Prohibits punitive damages against a manufacturer of an aircraft where: (1) the aircraft was subject to pre-market certification by the Federal Aviation Administration (FAA); and (2) the manufacturer complied, after delivery, with FAA requirements and obligations with respect to continuing airworthiness. Provides for separate proceedings, if requested by the manufacturer or seller, with regard to punitive damages. Lists factors the trier of fact is allowed to consider in determining the amount of punitive damages. Bars any civil action under this title: (1) unless filed within two years after the claimant discovered or should have discovered the harm and its cause, subject to exception; and (2) if the product involved is a capital good that is alleged to have caused harm which is not a toxic harm unless filed within twenty-five years after delivery of the product, provided the claimant has received or would be eligible for State or Federal workers' compensation. Excludes a motor vehicle, vessel, aircraft, or railroad used primarily to transport passengers for hire from these time limitations. States that nothing in these provisions affects the right of any person who is subject to liability under this Act to obtain contribution or indemnity from any other person who is responsible for the harm. Requires reduction in the damages awarded by the sum of all State or Federal workers' compensation benefits to which the employee is or would be entitled. Requires a claimant in a civil action under this title who is or may be eligible to receive State or Federal workers' compensation to notify the claimant's employer of the civil action. Requires an action to be stayed, at the sole discretion of the claimant, until a final determination is made on the amount payable as workers' compensation benefits. Declares that, unless the manufacturer or seller has expressly agreed to indemnify or hold an employer harmless, neither the employer nor the workers' compensation insurance carrier shall have a right of subrogation, contribution, or implied indemnity against the manufacturer or seller or a lien against the claimant's recovery, except if the claimant's harm was not in any way caused by the fault of the claimant's employer or co-employees. Allows the employer or workers' compensation insurer to intervene in the action to prove that fact. Prohibits a third party tortfeasor, where workers' compensation is involved, from maintaining any action for implied indemnity or contribution against the employer, any coemployee, or the exclusive representative of the injured person. Prohibits, for a person who is or would have been entitled to receive workers' compensation, any other action, unless a State or Federal workers' compensation law permits recovery based on a claim of an intentional tort. Makes these provisions inapplicable and declares that applicable State law shall control if the employer or the workers' compensation insurer asserts a right of subrogation, contribution, or implied indemnity against the manufacturer or seller or a lien against the claimant's recovery. Declares that, in any product liability action, the liability of each defendant for noneconomic damages shall be several and not joint. Requires the trier of fact to determine the proportion of responsibility of each party for the claimant's harm. Establishes a complete defense, in any civil action under this Act in which all defendants are manufacturers or sellers, that the claimant was under the influence of alcohol or any drug and that, as a result, the claimant was more than 50 percent responsible for the event which resulted in the harm. Defines "drug" to mean any non-over-the-counter drug which has not been prescribed by a physician. Title V: Long-Term Investment - Long-Term Investment Promotion Act of 1992 - Amends the Securities Exchange Act of 1934 to eliminate the requirement that publicly-held corporations report their financial status on a quarterly basis. Title VI: Competitiveness Risk Assessment - Declares that no agency shall propose or promulgate a regulation without first analyzing its direct and indirect effects on the health and safety of consumers and workers, including effects due to wage and job losses, price increases, product restrictions, technological delays, and substitution effects. Title VII: Department of Manufacturing And Commerce - Department of Manufacturing and Commerce Act of 1992 - Renames the Department of Commerce as the Department of Manufacturing and Commerce. Requires the President to establish a Manufacturing Advisory Commission to examine Federal agencies, programs, and offices responsible for manufacturing-related research and development, technology transfer, education, and trade in order to prepare a report for the Congress on the feasibility of consolidating such agencies, programs, and offices into a single Office of Manufacturing within the Department of Manufacturing and Commerce. Title VIII: Amendments to the Stevenson-Wydler Technology Innovation Act of 1980 - Amends the Stevenson-Wydler Technology Innovation Act of 1980 to change from discretionary to mandatory a Federal agency's authority to permit the director of any of its laboratories to enter into cooperative research and development agreements on its behalf. Authorizes each Federal agency to copyright on behalf of the United States any computer software prepared in whole or in part by Government employees involved in cooperative research and development agreements. Includes software royalties in the current distribution format (agency, laboratory, author, and Treasury) under such Act.
United States · United States Congress · 21 May 1992
Enterprise Zone Jobs-Creation Act of 1992 - Title I: Designation of Enterprise Zones - Authorizes the Secretary of Housing and Urban Development (Secretary) to designate enterprise zones for purposes of providing tax and regulatory relief and improving local services. Limits choices to areas nominated by States and local governments. Limits the total number of areas that may be designated, and the time period of the designation. Authorizes the Secretary to designate a zone only if the area meets certain locational, demographic, unemployment, and poverty criteria. Requires nominating local governments, as a condition of the Secretary's designation, to agree in writing to follow a course of action that may include reducing tax rates, improving local services, simplifying or streamlining regulation of business, and providing job training to area residents. Describes areas to which the Secretary must give preference in selecting areas for designation. Requires the Secretary to report to the Congress every two years on the effects of such enterprise zones' designation in accomplishing the purposes of this Act. Title II: Federal Income Tax Incentives - Allows a nonrefundable income tax credit to enterprise zone employees for five percent of any wages earned as do not exceed a specified amount. Phases out such credit. Provides for the nonrecognition of capital gain on the sale of enterprise zone property. Allows a taxpayer a deduction on the aggregate amount paid for the purchase of enterprise stock on its original issue by a qualified issuer. Requires any gain from the disposition of the stock to be treated as ordinary income. Title III: Regulatory Flexibility - Amends Federal law to revise the definition of "small entity" for purposes of the analysis of regulatory functions to include qualified business, government, and nonprofit enterprises operating within enterprise zones. Authorizes Federal agencies, upon request by a designating government, to waive or modify rules and regulations pertaining to the implementation of projects or activities within an enterprise zone. Requires agencies to approve the request if the resulting benefits of job creation, community development, or economic revitalization outweigh the public interest in retaining the rule unchanged. Disallows waiver or modification of a rule that would directly violate a statutory requirement or present a danger to the public health and safety. Title IV: Establishment of Foreign-Trade Zones in Enterprise Zones - Requires the Foreign-Trade Zone Board to consider on a priority basis and to expedite the processing of applications for the establishment of foreign-trade zones within enterprise zones. Requires the Secretary of the Treasury to give priority to, and expedite applications for, the establishment of ports of entry necessary to establish such zones. Title V: Repeal of Title VII of the Housing and Community Development Act of 1987 - Repeals title VII (enterprise zone development) of the Housing and Community Development Act of 1987.
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
Taxpayer Bill of Rights 2 - Title I: Taxpayers Advocate - Amends the Internal Revenue Code to establish in the Internal Revenue Service (IRS) the Office of Taxpayer Advocate, headed by the Taxpayer Advocate, appointed by the President, by and with the advice and consent of the Senate. Requires the Office to: (1) assist taxpayers in resolving problems with the IRS; (2) identify areas in which taxpayers have problems in dealings with the IRS; (3) propose changes in the administrative practices of the IRS to mitigate such problems; and (4) identify potential legislative changes which may be appropriate to mitigate such problems. Requires the Taxpayer Advocate to annually report to specified congressional committees on Office activities. Requires the Commissioner of Internal Revenue to establish procedures requiring a formal response to all recommendations submitted to the Commissioner by the Taxpayer Advocate. Replaces the Office of the Ombudsman with the Office of the Taxpayer Advocate. Revises the terms of a Taxpayer Assistance Order to: (1) assist a taxpayer suffering a hardship (currently, a significant hardship); (2) allow the Order to require the Secretary of the Treasury to act within a specified time period; and (3) require the Secretary to take certain actions (currently, only to cease or refrain from taking certain actions). Title II: Modifications to Installment Agreement Provisions - Grants certain taxpayers the right to an installment agreement for the payment of tax liability less than $10,000. Requires prior notification to taxpayers under an installment agreement to pay tax liability before altering, modifying, or terminating such an agreement. Provides for administrative review of denials of requests for installment agreements. Suspends the failure to pay penalty during any period an installment agreement is in effect. Title III: Interest - Requires the abatement of interest in the case of an assessment due to the unreasonable error or delay of an IRS act. Extends from ten to 21 days the period for which interest will not be imposed after notice and demand for payment, if such payment is less than $100,000. Increases the interest rate for overpayment of tax from two percent to three percent (making such rate equal to the interest rate for underpayment of tax). Title IV: Joint Returns - Requires separate deficiency notices in the case of a joint income tax return if the most recent data available to the IRS shows that such spouses did not file a joint return with each other. Allows the disclosure of collection activities to an individual requesting such information in the case of a joint return where such individual is no longer married to or resides in the same household as the other joint filer. Removes limitation on filing a joint return after filing separate returns. Provides that in the case of an examination of an individual with respect to a joint income tax return, the absent divorced or separated spouse cannot be represented by the individual without such acknowledgement in writing. Title V: Collection Activities - Requires the Secretary to send notices of a proposed tax deficiency. Authorizes the Secretary, in certain cases, to: (1) withdraw a notice of a lien; (2) return property that has been levied upon; and (3) offer compromises in civil or criminal cases. Requires the Secretary, at the request of the taxpayer, to make reasonable efforts to notify credit reporting agencies and financial institutions of such withdrawal notice. Requires prior notification to the taxpayer that the taxpayer is under examination and an explanation of the process. Removes certain limits on the standard of conduct and the dollar limit on the recovery of civil damages for unauthorized collection actions. Revises provisions with respect to a designated summons concerning the standard of review, requirements for issuance, and quash proceedings. Title VI: Information Returns - Requires payee statements to provide the phone number of the person providing payment. Establishes civil damages for the fraudulent filing of information returns. Requires the Secretary to make reasonable investigations to corroborate the accuracy of an information return when making a determination of a deficiency by a third party, when such return is disputed by the taxpayer. Title VII: Modifications to Penalty for Failure to Collect and Pay Over Tax - Establishes requirements for preliminary notice and declaratory judgment proceedings for failure to pay tax. Authorizes the Secretary to disclose certain information where more than one person is liable for a penalty. Declares that a person shall not be liable for any penalty for failure to collect and pay over tax if such person: (1) is not a significant owner or highly compensated employee of the trade or business; (2) notifies the Secretary within ten days after such failure; and (3) such notification was before any notice by the Secretary with respect to such failure. Directs the Secretary to ensure that IRS employees are aware of their responsibilities under the tax depository system, the circumstances under which they may be liable for penalties, and reporting responsibilities. Exempts unpaid, volunteer board members of tax-exempt organizations from collection penalties. Title VIII: Awarding of Costs and Certain Fees - Repeals the "substantially justified" test for determining whether a taxpayer may recover costs and fees incurred as part of an administrative or court proceeding. Denies such costs where the position of the United States is substantially justified. Revises the commencement date of reasonable administrative costs. Increases the limit on attorney fees. Provides that any failure to agree to an extension of time for the assessment of any tax shall not be taken into account in determining whether a prevailing party has exhausted all administrative remedies. Title IX: Other Provisions - Revises provisions on the required content of tax due, deficiency, and other notices. Provides protection for noncorporate taxpayers who rely on certain guidance published by the IRS. Requires any final, temporary, or proposed regulation issued by the Secretary to be applied prospectively from the date of publication in the Federal Register. Requires notice to the taxpayer of the inability to associate any payment with any outstanding tax liability. Makes the costs of preparing certain tax returns fully deductible.
United States · United States Congress · 14 May 1992
Amends the Internal Revenue Code to increase (from $10 million to $25 million) the amount of tax-exempt qualified small issue bonds permitted for facilities to be used by related principal users.
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 · 9 April 1992
National Police and Peace Officer Protection Act - Amends the Omnibus Crime Control and Safe Streets Act of 1968 to prohibit any State or local government from being eligible to receive justice system improvement grant funds under such Act unless such government allows active or retired law enforcement officers from any jurisdiction within the United States to carry concealed firearms. Directs the Attorney General to determine procedures for certification of such officers and to issue certification cards to assist States in identifying such officers.
United States · United States Congress · 8 April 1992
Amends the Internal Revenue Code to allow a first-time homebuyer who purchases a principal residence a tax credit of ten percent of the purchase price of such residence. Limits the credit to $5,000. Requires married individuals filing jointly to both be first-time homebuyers. Allows the use of 50 percent of the credit in the first taxable year in which the residence is purchased and the remaining 50 percent in the succeeding taxable year. Makes this credit applicable to residences acquired after February 1, 1992, and before January 1, 1993, or for which a binding contract is entered into during such period.
United States · United States Congress · 2 April 1992
Amends title XVIII (Medicare) of the Social Security Act to extend through March 31, 1994 (currently, 1993) special payments under part A of Medicare for the operating costs of inpatient services of small, rural Medicare-dependent hospitals.
United States · United States Congress · 26 March 1992
Rescinds certain budget authority proposed to be rescinded (R92-99) (Consortium for International Earth Science Information Network in Saginaw, Michigan) in a special message transmitted to the Congress by the President on March 20, 1992, in accordance with the Impoundment Control Act of 1974.
United States · United States Congress · 26 March 1992
Rescinds certain budget authority proposed to be rescinded (R92-95) (National Wood Energy Association for biomass gasification demonstration project) in a special message transmitted to the Congress by the President on March 20, 1992, in accordance with the Impoundment Control Act of 1974.
United States · United States Congress · 26 March 1992
Rescinds certain budget authority proposed to be rescinded (R92-91) (Red River Basin chloride control, Oklahoma and Texas) in a special message transmitted to the Congress by the President on March 20, 1992, in accordance with the Impoundment Control Act of 1974.
United States · United States Congress · 26 March 1992
Rescinds certain budget authority proposed to be rescinded (R92-87) (study of tax law changes relating to residential ground lease financing, Hawaii Real Estate Commission) in a special message transmitted to the Congress by the President on March 20, 1992, in accordance with the Impoundment Control Act of 1974.