United States · United States Congress · 2 October 1992
Bipartisan Commission on Total Quality Government Act of 1992 - Establishes the Bipartisan Commission on Total Quality Government to: (1) provide for the education of Members of Congress, their staff, and congressional instrumentalities about Total Quality (TQ) (a structured management approach first used in private industry); (2) make recommendations to the President and the Congress regarding the application of TQ principles to the organization and operations of the legislative and executive branches of the Federal Government; (3) establish a formal focus group of high-level Federal employees personally involved in TQ efforts in order to provide information and insights on issues and obstacles related to creating a TQ Government; (4) sponsor forums with various Government customers and suppliers and provide opportunities for affected groups to communicate their satisfaction with Government services or their recommendations for improvement; and (5) survey U.S. citizens about the quality of Government services in order to ensure that the major customers of the Government have input into efforts to improve the Government. Requires the Commission to submit an initial report to the President and the Congress with recommendations for the application of TQ principles to the organization and operation of the legislative and executive branches of the Government, with additional annual reports to follow. Requires the President, after receiving such a report from the Commission, to submit to the Commission and the Congress separate reports containing the President's recommendations for restructuring and improving the operation of all executive branch organizations recommended for reform by the Commission. Requires House and Senate leadership, after receiving such a report from the Commission, to submit to the Commission and the President separate reports with recommendations for restructuring and improving the operation of all legislative branch organizations recommended for reform by the Commission.
United States · United States Congress · 2 October 1992
Taxpayer Debt Buy-Down Act - Amends the Internal Revenue Code to allow individuals with adjusted income tax liability to designate on their tax returns that a portion of such liability (not to exceed ten percent) be used to reduce the public debt. Establishes a Public Debt Reduction Trust Fund for the deposit of designated amounts. Makes amounts in such Trust Fund available only to pay at maturity, or to redeem or buy before maturity, any obligation of the Federal Government included in the public debt. Prohibits the reissuance of any obligation which is paid, redeemed, or bought with amounts from the Trust Fund. Amends the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) to provide for the sequestration of amounts designated to the Trust Fund. Specifies accounts exempt from such sequestration. Includes aggregated amounts designated to the Trust Fund and amounts sequestered to reduce the public debt in sequestration preview and final reports.
United States · United States Congress · 24 September 1992
Declares that the leadership of the House of Representatives and of the Senate should work together in a bipartisan manner to pass health care reform initiatives prior to the adjournment of the 102d Congress.
United States · United States Congress · 23 September 1992
Family Leave Tax Credit Act of 1992 - Amends the Internal Revenue Code to allow an employer an income tax credit for 20 percent of qualified employee compensation with respect to an employee who is on family leave. Defines family leave as leave in connection with the birth of a child, the placement of a child with the employee for adoption or foster care, the care of a child, spouse, or parent with a serious health condition, or the treatment of a serious health condition which makes the employee unable to perform the functions of his or her position. Limits such credit to employers with 500 or fewer employees, the amount of qualified compensation, and the maximum period for the use of such leave.
United States · United States Congress · 18 September 1992
Regulatory Flexibility Amendments Act of 1992 - Amends Federal law to eliminate provisions respecting judicial review of Federal agency compliance with regulatory flexibility analysis requirements. Requires an agency to consider the direct and indirect effects of a rule in determining whether or not it is likely to have a significant impact on a substantial number of small entities. Sets forth guidelines governing agency transmittal of proposed rules to the Chief Counsel for Advocacy of the Small Business Administration. Authorizes such official to transmit to the agency a statement of opposition to the proposed rule. Requires publication of such statement and the agency's response in the Federal Register. Expresses the sense of the Congress that the Chief Counsel for Advocacy of the Small Business Administration should be permitted to appear as amicus curiae in any action or case brought in a U.S. court for the purpose of reviewing a rule.
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 · 12 August 1992
Women in the Armed Forces Commemorative Coins Act - Directs the Secretary of the Treasury to: (1) mint and issue coins to commemorate the women who have served in the armed forces of the United States; and (2) transfer the surcharges received from coin sales to the Women in Military Service for America Memorial Foundation and endow and dedicate the Women in the Armed Forces Memorial.
United States · United States Congress · 12 August 1992
Federal Program Performance Standards and Goals Act of 1992 - Amends Federal law to include in the Federal budget a performance standards and goals plan for the overall budget. Directs the Office of Management and Budget (OMB) to issue regulations requiring each Federal department and agency to establish such a plan for each major expenditure category of its budget. Requires OMB to review and adjust such plans and establish an overall performance standards and goals plan for the Federal Government. Requires each bill or resolution which provides for the authorization of appropriations or for the appropriation of funds to specify performance standards and goals for such authorization or appropriation.
United States · United States Congress · 11 August 1992
Securities Private Enforcement Reform Act - Amends the Securities Exchange Act of 1934 to declare that a defendant may be liable jointly and severally for damages in an implied private action only if the trier of fact specifically determines that the defendant knowingly engaged in securities fraud. Sets forth a liability allocation scheme to determine the percentage of responsibility among the defendants if the trier of fact finds that the defendant did not engage in knowing securities fraud. Prescribes guidelines for the award of reasonable fees and expenses incurred by the prevailing party in any implied private action. Declares that in any implied right of action that is certified as a plaintiff class action: (1) the share that is awarded to the representative plaintiff shall be calculated in the same manner as the share awarded to all other members of the plaintiff class; (2) a party may not be represented by any attorney who owns or has a beneficial interest in the securities that are the subject of the litigation, or who is obligated to pay remuneration to a third party for assistance in obtaining the representation of any party to the action; and (3) funds disgorged as a result of Securities Exchange Commission action shall not be distributed as payment for attorneys' fees or expenses incurred by private parties seeking distribution of the disgorged funds. Sets a statute of limitations on private rights of action under this Act.
United States · United States Congress · 11 August 1992
National Dividend Act of 1992 - Establishes a program for the distribution of certain corporate tax revenues to the registered voters of each State in the form of dividend payments. Directs the Secretary of the Treasury to pay to the chief financial officer of each State, in accordance with a prescribed schedule, an amount equal to the National Dividend Payment, as computed under this Act, multiplied by the number of registered voters in the State. Sets forth criteria and procedures to govern: (1) the chief financial officer's selection of an incorporated bank to act as the State's disbursing agent; and (2) payments to qualified voters. Establishes in the Treasury the National Dividend Payment Trust Fund. Authorizes payment into the Fund of specified amounts from revenue received from: (1) corporate income tax; (2) tax on the unrelated business income of certain tax-exempt organizations; (3) capital gains tax; (4) tax on insurance company income; and (5) alternative minimum tax on corporations. Establishes a National Dividend Review Board to review the manner in which payments are made from the Fund and to make investments of Fund amounts. Amends the Internal Revenue Code to exclude from gross income, for income tax purposes, all dividend income received by a taxpayer from domestic corporations, including dividends received under this Act. Increases the corporate income tax deduction for dividends received by a corporation on the preferred stock of a public utility. Prohibits corporate income tax rates from exceeding 34 percent. Amends the Congressional Budget and Impoundment Control Act of 1974 to declare it out of order in either the House of Representatives or the Senate to consider budget resolutions for fiscal years 1993 and thereafter that would increase the level of total budget outlays beyond those budgeted for FY 1991.
United States · United States Congress · 11 August 1992
Supports the President's statement of August 6, 1992, and commends him for taking decisive steps to put pressure on Serbia to stop the conflict in Bosnia-Hercegovina, including through: (1) the diplomatic and political isolation of Serbia; (2) the strict enforcement of sanctions provided for in United Nations (UN) Security Council Resolution 757; (3) the implementation of the Security Council-endorsed plan to place heavy weapons belonging to all factions in Bosnia-Hercegovina under UN supervision; (4) the resumption of peace talks among all parties to the conflict; and (5) urging the Security Council to authorize measures, including the use of military force, necessary to ensure the provision of humanitarian relief to the people of Bosnia-Hercegovina. Urges the Security Council to consider means by which: (1) UN and International Committee of the Red Cross personnel shall be granted immediate, unimpeded, and continuous access to all refugee camps, prisoners-of-war camps, internment camps, and other places of detention in all of the republics of the former Socialist Federal Republic of Yugoslavia; and (2) civilians in Bosnia-Hercegovina shall be protected from the use of force and violations of the laws of war. Expresses the sense of the House of Representatives that an international tribunal should be convened to: (1) investigate allegations of war crimes and crimes against humanity committed within the territory of the former Socialist Federal Republic of Yugoslavia; and (2) accumulate evidence against, charge, and otherwise prepare the basis for trying any individual whom the tribunal has probable cause to believe is responsible for or committed such a crime.
United States · United States Congress · 4 August 1992
Amends the Internal Revenue Code to allow all individuals with adjusted income tax liability to designate on their tax returns that a portion of such liability (not to exceed ten percent) be used to reduce the public debt. Establishes a Public Debt Reduction Trust Fund for the deposit of designated amounts. Makes amounts in such Trust Fund available only to pay at maturity, or to redeem or buy before maturity, any obligation of the Federal Government included in the public debt. Prohibits the reissuance of any obligation which is paid, redeemed, or bought with amounts from the Trust Fund. Amends the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) to provide for the sequestration of amounts designated to the Trust Fund. Specifies accounts exempt from such sequestration. Includes aggregated amounts designated to the Trust Fund and amounts sequestered to reduce the public debt in sequestration preview and final reports.
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
Miscellaneous Medicare Amendments Act of 1992 - Title I: Provisions Relating to Part B - Subtitle A: Payment for Physicians' Services - Amends part B (Supplementary Medical Insurance) of title XVIII (Medicare) of the Social Security Act to permit separate payment for interpretation of electrocardiograms. Repeals provisions with respect to payment for services by new physicians and health care practitioners. Prohibits the Secretary of Health and Human Services (HHS) from changing the part B payment methodology for anesthesia services insofar as such methodology provides for the use of actual time units in determining payments for anesthesia services. Revises the prohibition on excess physician charges for unassigned claims to require a refund of excess charges, and to extend the application of such prohibition to physician services furnished by any person. Adds provisions respecting mandatory assignment with respect to certain practitioners. Provides for the use of the most recent data available in the establishment of geographic indices. Limits the use of carrier user fees. Revises provisions for certain substitute billing arrangements. Requires an HHS study and report to the Congress with respect to: (1) payment under part B for certain medical physicist services; and (2) adjustments to physician fee schedules under such part to take into account practice-related taxes. Subtitle B: Payment for Other Items and Services - Modifies the prohibition against distribution of medical necessity certificates by suppliers of covered items to create an exception to such prohibition for certain patient information. Provides for the treatment of nebulizers and aspirators as miscellaneous items of durable medical equipment. Amends the Omnibus Budget Reconciliation Act of 1990 to extend the payment limit on intraocular lenses. Provides for the treatment under Medicare of certain indian health programs and facilities as federally-qualified health centers. Amends the Omnibus Budget Reconciliation Act of 1987 to extend a Medicare influenza vaccination demonstration project. Title II: Provisions Relating to Parts A and B - Subtitle A: Miscellaneous Provisions - Amends the Medicare program to revise provisions: (1) for payments for graduate medical education to promote primary care services; and (2) Medicare secondary payor denials. Provides for adjustments in Medicare capitation payments to account for regional variations in application of Medicare secondary payor provisions. Repeals pro precertification requirements for certain surgical procedures. Requires the Secretary to establish and implement a method for obtaining information to determine whether Medicare beneficiaries qualify for Medicaid payment of Medicare out-of-pocket expenses, and for transmitting such information to the State in which such a qualified Medicare beneficiary resides. Authorizes a demonstration project for the provision of durable medical equipment by a physician-owned oncology facility. Subtitle B: Provisions Relating to Medicare Supplemental Insurance Policies - Amends the Omnibus Budget Reconciliation Act of 1990 and the Medicare program to revise standards and requirements relating to Medicare supplemental insurance policies, with changes prohibiting duplication of coverage and requiring the Secretary to establish a toll-free number for information on medicare supplemental policies.
United States · United States Congress · 31 July 1992
Health Choices Freedom Act of 1992 - Amends the Federal Food, Drug, and Cosmetic Act to define "dietary supplement." Declares that a supplement is not: (1) a drug solely because of its potency or because its labeling or advertising contains certain material; or (2) a food additive if certain requirements are met. Regulates supplement labeling and advertising.
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 · 31 July 1992
Authorizes the National Captive Nations Committee, Inc., to establish a memorial on Federal land in the District of Columbia or its environs to honor the victims of communism.
United States · United States Congress · 30 July 1992
Requires the Postal Service to ensure that nothing in its regulations prevents a veterans' organization from soliciting contributions on postal property so long as those activities do not impede or disturb: (1) postal employees in the performance of their duties; or (2) the general public in transacting business or obtaining services.
United States · United States Congress · 22 July 1992
Federal Grants for State and Local "G.I. Bills" for Children - Requires the Secretary of Education to use specified funds to make competitive grants to States and localities for educational choice programs. Authorizes reservation of a specified portion of such funds for national evaluation of such programs. Authorizes appropriations. Makes a State or locality eligible for such a grant if it: (1) has taken significant steps to provide a choice of schools to families with school children in the program area, including those not eligible for scholarships under this Act; (2) will, if awarded a grant, provide scholarships to parents of eligible children that may be redeemed for elementary or secondary education at a broad variety of public and private (including religious) schools serving that area; and (3) permits all such lawfully operating schools serving the area to participate in its program under this Act if they so choose. Requires grantees to provide scholarships to parents of eligible children, with a value of $1,000 from Federal funds under this Act and an additional amount, if any, of State, local, and nongovernmental funds. Excludes such scholarships from consideration as income for Federal income tax or Federal program eligibility purposes. Requires such scholarships to be provided to parents of children who reside in the program area, will attend a participating public or private school, and are from a middle- or low-income family (as determined by the grantees, in accordance with the Secretary's regulations). Limits the maximum family income for eligibility to not more than the higher of the State or national median family income. Provides for continuation of such scholarship aid to a child in each program year, unless the child no longer resides in the program area or no longer attends school, or the child's family income exceeds by 20 percent or more than the maximum income of families who received scholarships in the preceding year. Requires the grantee to provide scholarships to the lowest income families if the grant amount is insufficient to provide such aid to each child up to the income level for which the grantee applied. Sets forth application requirements, including descriptions of program areas and economic profiles of children residing there. Requires that programs be selected to receive such grants on the basis of: (1) number and variety of educational choices they make available to families of eligible children; (2) extent to which choices among public, private, and religious schools are available to all families in the area, including those not eligible for scholarships; (3) proportion of children from low-income families among participants; and (4) applicant's financial support of the program, including, State, local, and nongovernmental supplementary funds, not only for scholarships but also for other economic incentives such as tax relief (taking local conditions into account). Requires awards to programs in urban and rural areas and in different areas of the Nation. Requires award of annual grants, taking account of availability of appropriations, number and quality of applications, and other appropriate factors. Allows each grant to be for up to four years and to be renewed for an additional four-year period. Requires the following sequence for use of the Federal portion of such a scholarship: (1) for tuition and fees at the school selected by the parents, and for reasonable transportation costs (at the parent's option); (2) if the parent's so choose, for supplementary academic services for the child (up to $500 in cost) from any provider chosen by the parents that the grantee determines is capable to do so and has an appropriate refund policy; and (3) any remaining funds to be used either by the public school the child attends for student academic achievement programs, or, if the child attends private school, by the grantee for additional scholarships. Sets forth the effect of this Act on other programs. Requires a local educational agency to provide to any child in an educational choice program the same services that it would otherwise provide to that child under chapter 1 title I Elementary and Secondary Education Act of 1965 provisions for educationally disadvantaged children. Declares that this Act does not affect specified requirements under the Individuals with Disabilities Education Act. Provides that such scholarships are aid to families, not institutions, so that their expenditure shall not be construed as Federal financial aid or assistance to a school or provider of supplementary academic services. Requires schools or providers of academic services, in order to receive scholarship funds under this Act, to comply with antidiscrimination requirements under specified Federal laws. Directs the Secretary to promulgate regulations to implement this requirement, taking into account the purposes of this Act and the nature, variety, and missions of schools and providers that may participate. Prohibits consideration of Federal funds provided under this Act in Federal, State, or local agency determination of other assistance to such grantees or schools attended. Provides that no State constitution or law shall be construed or applied to prohibit any grantee from: (1) paying administrative costs of a program under this Act; or (2) providing any Federal funds received under this Act to parents for use at a religious or other private institution. Declares that nothing in this Act authorizes the Secretary to exercises direction, supervision, or control over any participating school or educational institution as to curriculum, instructional program, administration or personnel. Directs the Secretary to conduct with specified reserved funds, a national evaluation of the program authorized by this Act. Directs the Secretary to promulgate regulations to enforce this Act. Prohibits such enforcement through a private cause of action.
United States · United States Congress · 9 July 1992
Supports the planting of 500 redwood trees from California on the northwest coast of Spain in commemoration of the quincentenary of the voyage of Christopher Columbus to the New World. Designates such trees as a gift to the people of Spain made in the name of the people of the United States.
United States · United States Congress · 7 July 1992
Expresses the sense of the Congress that: (1) the United States should support the process of nonviolent democratic reform in, and increase its support for Voice of America programming to, Vietnam; (2) the Secretary of State should declare U.S. support for the democratization of Vietnam and reaffirm that progress on the POW/MIA issue is critical to normalizing economic and diplomatic relations with the United States; and (3) the Administration should take the lead in mobilizing the United Nations, ASEAN, human rights organizations, and various other interested groups to work toward helping Vietnam reach free and democratic elections.
United States · United States Congress · 2 July 1992
Information Services Fair Competition Act of 1992 - Amends the Communication Act of 1934 to make it unlawful for any common carrier or its affiliate engaged in the provision of information services to include in its charges for telephone exchange service any operating expenses, costs, depreciation charges, or other expenses determined by the Federal Communications Commission (FCC) to be properly associated with the provision of information services by such carrier or affiliate. Directs the FCC to adopt regulations to ensure that these provisions are not evaded by carriers subject to this Act. Directs a common carrier or its affiliate engaged in the provision of information services to meet requirements such as: (1) book maintenance in a specified manner; (2) interconnection to its network that is equal in price, quality, and type to the interconnection that the carrier provides to itself or to its affiliate; (3) information concerning the network interface specifications that allows such information service provider to connect to that carrier's network; (4) public disclosure of the specifications for any new or changed type of network interface for information services that the carrier or its affiliate provides or may provide; and (5) response, on a nondiscriminatory basis, to a bona fide request for a new type of basic service necessary to support an information service within 120 days after receipt of such request, and offer such service on an unbundled basis if it is technically feasible and if the marketing and economic demand forecast support such offering. Authorizes the FCC, upon application of a carrier which shows that it is technically unable to meet one or more of the requirements mentioned above, to grant a waiver to such carrier only if the public interest would be served thereby. Requires the FCC to adopt regulations that specify the form and manner in which the network disclosure information shall be made by common carriers. Requires common carriers, subject to this Act, to comply with any relevant regulations already in effect until such regulations are adopted and published in the Federal Register. Prescribes guidelines for the release of network disclosure information. Makes it unlawful for a common carrier or its affiliate to use, in connection with the provision of such carrier's information services, customer proprietary network information that the carrier has collected in the course of providing telephone exchange service unavailable to unaffiliated providers of information services unless prior consent of the customer has been obtained or in cases where the FCC has determined that the use of disclosure of such information serves the public interest. Prohibits: (1) any common carrier or affiliate from engaging in the provision of a burglar alarm service until ten years after the enactment of this Act unless such service was provided to a customer by the carrier or affiliate on July 1, 1992; and (2) a Federal agency or State from regulating the rates, terms, or conditions for the provision of information services. Authorizes the FCC to impose any remedy, without limitation, to ensure that the costs of providing information services are not borne by subscribers to telephone exchange service.
United States · United States Congress · 1 July 1992
National Commitment to Quality Award Act of 1992 - Amends the Stevenson-Wydler Technology Innovation Act of 1980 to establish the National Commitment to Quality Award Program involving the awarding of a medal and at least three monetary competitive awards to institutions of higher education that have substantially benefited the economic and social well-being of the United States through adopting Total Quality Management (TQM) principles to govern their operations, emphasizing the importance of manufacturing process technology. Allows a recipient institution which agrees to help other institutions of higher education improve their TQM curriculum to publicize its receipt of the award. Requires the award to be used to teach TQM and process manufacturing technology using TQM principles and to apply TQM to institution operations. Authorizes appropriations.
United States · United States Congress · 1 July 1992
Comprehensive Child Welfare Services Amendments of 1992 - Amends title IV of the Social Security Act (SSA) to establish a new comprehensive child welfare services program under part E (Foster Care and Adoption Assistance). Authorizes appropriations. Amends SSA title IV part B (Child-Welfare Services) to provide for coordination with other programs providing services to children and families. Amends SSA title IV part E to eliminate certain provisions under such part that provide for the transfer of funds to SSA title IV part B. Amends SSA title XI to revise demonstration waiver provisions. Amends SSA title IV parts B and E to provide for recovery of training costs. Amends SSA title IV part E to make permanent the independent living program and to maintain basic and additional ceiling amounts at the latter amounts authorized under current law. Provides that in determining the eligibility of an individual aged 16 for foster care maintenance payments under such part, the State agency shall disregard from the resources of the individual an amount of funds not exceeding an amount the agency determines to be reasonable for the purpose of achieving self-sufficiency. Amends the Adoption Assistance and Child Welfare Act of 1980 to repeal provisions respecting the annual report on voluntary placement.
United States · United States Congress · 25 June 1992
Amends part A (Aid to Families with Dependent Children) (AFDC) of title IV of the Social Security Act (SSA) to revise State plan provisions to mandate State programs that provide AFDC recipients with education, training, and work experience needed to prepare them to do without AFDC assistance after four years of program participation. Outlines the administrative framework for such programs, along with conditions for program participation and penalties for violations of such conditions. Requires parental initiatives in ensuring that children of families on AFDC receive proper immunizations and well-child care and attend school in order for such families to continue receiving AFDC assistance. Provides for mitigation of the marriage penalty in certain cases where the parent of a family receiving AFDC assistance (original parent) marries an individual who, at the time of the marriage, is not the biological parent of any child of the original parent. Revises SSA title IV part F (Job Opportunities and Basic Skills Training Program), with changes that allow States to reserve food stamp benefit funds and use them instead to provide subsidized jobs under work supplementation programs (work programs). Amends the Food Stamp Act of 1977 with respect to employment cashout of food stamp benefits under part F work programs.
United States · United States Congress · 25 June 1992
Provides for settlement of certain unresolved railroad labor-management disputes. Sets forth conditions which shall apply during the resolution of such disputes. Requires all carriers and all employees affected by such unresolved disputes (referred to in three specified Executive Orders of March 31, 1992) to take all necessary steps to restore or preserve the conditions that existed before June 24, 1992 (when a strike and lockouts caused a railroad stoppage). Provides for appointment of arbitrators. Requires, within three days after enactment of this joint resolution (enactment date), the carrier parties and the labor union party, respectively, in each such dispute to each appoint one individual from the National Mediation Board's roster of arbitrators. Requires each of these pairs of individuals to select an arbitrator for that dispute, within working six days of the enactment date. Allows one individual arbitrator to be so selected for more than one of these disputes. Prohibits from being selected as an arbitrator any specified interested individual or anyone who has served as a member of any of four specifed Presidential Emergency Boards. Provides for conduct of negotiations. Requires the parties to such unresolved disputes, during the 20-day period beginning on the enactment date, to conduct negotiations for the purpose of reaching agreement on the disputes. Provides that the selected arbitrators shall be available for consultation with the parties during this initial negotiating period. Requires both the labor union and the carrier (or carriers), if they have not reached agreement within such initial period, to each submit its final offer to the arbitrator and the other party (or parties), within five days after such initial period. Requires the parties, with the assistance of the arbitrator, to engage in final negotiations to attempt to reach agreement, upon submission of such final offers and during the seven days thereafter. Requires the arbitrator, if the parties fail to reach agreement during such final negotiating period, to render a decision, within the three days following the end of such period, by selecting one of the proposed written contracts submitted under the final offers, without modification. Requires such decision and selected contract to be immediately submitted to the President. Requires the President to approve or disapprove such decision and selected contract within three days of receipt (thus providing a 38-day period after the enactment date for the entire process). Makes the selected contract, if the President approves it, binding on parties with the same effect as though arrived at by agreement of the parties under the Railway Labor Act. Provides, if the President disapproves such decision and selected contract, that the parties shall have those rights under the Railway Labor Act that they had at 12:01 A.M. on June 24, 1992 (including rights to self-help such as strikes by labor and lockouts by management). Sets forth special rules with respect to tentative agreements. Allows, upon agreement of the parties, final offers to be submitted at any time after enactment of this joint resolution. Precludes judicial review of any decision of an arbitrator under this joint resolution. Declares that nothing in this joint resolution shall prevent a mutual written agreement to any different terms and conditions.
United States · United States Congress · 25 June 1992
Provides for settlement of certain unresolved railroad labor-management disputes. Sets forth conditions which shall apply during the resolution of such disputes. Requires all carriers and all employees affected by such unresolved disputes (referred to in three specified Executive Orders of March 31, 1992) to take all necessary steps to restore or preserve the conditions that existed before June 24, 1992 (when a strike and lockouts caused a railroad stoppage). Provides for appointment of arbitrators. Requires, within three days after enactment of this joint resolution (enactment date), the carrier parties and the labor union party, respectively, in each such dispute to each appoint one individual from the National Mediation Board's roster of arbitrators. Requires each of these pairs of individuals to select an arbitrator for that dispute, within working six days of the enactment date. Allows one individual arbitrator to be so selected for more than one of these disputes. Prohibits from being selected as an arbitrator any specified interested individual or anyone who has served as a member of any of four specifed Presidential Emergency Boards. Provides for conduct of negotiations. Requires the parties to such unresolved disputes, during the 20-day period beginning on the enactment date, to conduct negotiations for the purpose of reaching agreement on the disputes. Provides that the selected arbitrators shall be available for consultation with the parties during this initial negotiating period. Requires both the labor union and the carrier (or carriers), if they have not reached agreement within such initial period, to each submit its final offer to the arbitrator and the other party (or parties), within five days after such initial period. Requires the parties, with the assistance of the arbitrator, to engage in final negotiations to attempt to reach agreement, upon submission of such final offers and during the seven days thereafter. Requires the arbitrator, if the parties fail to reach agreement during such final negotiating period, to render a decision, within the three days following the end of such period, by selecting one of the proposed written contracts submitted under the final offers, without modification. Requires such decision and selected contract to be immediately submitted to the President. Requires the President to approve or disapprove such decision and selected contract within three days of receipt. (Thus providing a 38-day period after the enactment date for the entire process.) Makes the selected contract, if the President approves it, binding on parties with the same effect as though arrived at by agreement of the parties under the Railway Labor Act. Provides, if the President disapproves such decision and selected contract, that the parties shall have those rights under the Railway Labor Act that they had at 12:01 A.M. on June 24, 1992 (including rights to self-help such as strikes by labor and lockouts by management). Sets forth special rules with respect to tentative agreements. Allows, upon agreement of the parties, final offers to be submitted at any time after enactment of this joint resolution. Precludes judicial review of any decision of an arbitrator under this joint resolution. Declares that nothing in this joint resolution shall prevent a mutual written agreement to any different terms and conditions.
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 · 18 June 1992
Directs the National World War II Memorial Fund, Inc., to construct a memorial on Federal land in the District of Columbia or its environs to: (1) honor members of the armed forces who served in World War II; and (2) commemorate U.S. participation in that conflict. Directs the fund to plan, design, and oversee the construction of the Memorial. Establishes the World War II Memorial Advisory Board to: (1) promote and encourage the donation of private funds for the construction of the Memorial; and (2) recommend the site for and assist in the selection of the design of the Memorial. Terminates the Board within 30 days after completion of the Memorial or on the lapse of the authority provided by this Act. Authorizes the Fund to solicit and accept private contributions for construction of the Memorial. States that the requirements and authority of this Act shall lapse if: (1) construction of the Memorial is not commenced within seven years of its enactment; or (2) before such construction, the Secretary of the Interior certifies that funds are not available in an amount sufficient to ensure its completion.
United States · United States Congress · 17 June 1992
Prohibits voluntary contributions by the United States to the United Nations Development Program, for any year after 1992, from exceeding 90 percent of the amount of such contribution for 1992. Prohibits the use of such contributions for projects in China, North Korea, Iran, Cuba, Iraq, Jordan, Libya, Yemen, Syria, Vietnam, and Laos.
United States · United States Congress · 16 June 1992
Foreign Aid Reform Act of 1992 - Amends the Foreign Assistance Act of 1961 to declare that economic support assistance should be provided principally through commodity import programs, project assistance, sector programs, or the provision of U.S. goods and services. Permits such assistance to be provided to a foreign government as a cash transfer only pursuant to an agreement requiring the recipient government to spend the cash transfer to purchase U.S. goods and services to the extent that the recipient government purchases goods and services not produced in that country. Exempts from this Act any recipient government that: (1) receives less than $25,000,000 cash transfer assistance for a fiscal year; or (2) as of April 1, 1989, was receiving such assistance and has an agreement with the United States under which it agrees to spend an amount equal to the amount of the cash transfer on U.S. goods and services, to carry 50 percent of all bulk shipments of U.S. grain on privately-owned U.S.-flag commercial vessels, to purchase U.S. grain at levels comparable to those purchased in prior years, and to comply with such requirements in any fiscal year in which it receives such assistance. Authorizes the President to waive the requirements of this Act if it is in the national interest to do so.
United States · United States Congress · 16 June 1992
Designates August 1, 1992, as Helsinki Human Rights Day. Authorizes and requests the President to: (1) reassert American commitment to the Helsinki Accords; (2) raise the issue of noncompliance with such Accords with any signatory nation which may be in violation; (3) convey to all signatories of such Accords that respect for human rights and fundamental freedoms is vital to progress in the ongoing Helsinki process; and (4) develop new proposals to advance the human rights objectives of the Helsinki process.
United States · United States Congress · 5 June 1992
National Cancer Institute Amendments of 1992 - Amends the Public Health Service Act to require expansion, intensification, and coordination of research conducted or supported by the National Cancer Institute on: (1) breast cancer, ovarian cancer, and other cancers of the reproductive system of women, including operating at least six research and demonstration centers on breast cancer; and (2) prostate cancer, including operating at least six research and demonstration centers on prostate cancer. Authorizes appropriations to carry out provisions relating to the Institute, including the provisions enacted by this Act. Removes provisions authorizing appropriations for the National Heart, Lung, and Blood Institute. Mandates a study to determine the factors contributing to the elevated breast cancer rates in Connecticut, Delaware, Maryland, Massachusetts, New Hampshire, New Jersey, New York, Rhode Island, Vermont, and the District of Columbia. Authorizes appropriations.
United States · United States Congress · 4 June 1992
Cuban Democracy Act of 1992 - Sets forth U.S. policy with respect to Cuba. Declares that the President should encourage countries that conduct trade with Cuba to restrict their trade and credit regulations with Cuba in a manner consistent with this Act. Authorizes the President to impose the following sanctions against countries that provide assistance to Cuba: (1) ineligibility for assistance under the Foreign Assistance Act of 1961 or the Arms Export Control Act; (2) a prohibition on agreements with the United States for the establishment of free trade areas; and (3) ineligibility for forgiveness or reduction of debt owed to the U.S. Government. Terminates such sanctions if the President reports to the Congress that Cuba has met conditions established under this Act concerning democracy, human rights, and a free market economy. Prohibits restrictions on the export to Cuba of medicines, subject to specified conditions and inspection requirements. Permits telecommunications services between the United States and Cuba. Requires the U.S. Postal Service to provide direct mail service to and from Cuba. Authorizes the President to provide assistance to promote nonviolent democratic change in Cuba. Prohibits the issuance of licenses for certain transactions between U.S.-controlled firms in third countries and Cuba. Bars domestic concerns from receiving a tax deduction for the portion of the deductible expenses of such concerns which are allocated or apportioned to income derived from Cuba. Prohibits vessels which enter Cuba to engage in trade from loading or unloading any freight in the United States within 180 days after departure from Cuba. Prohibits: (1) vessels carrying goods or passengers to or from Cuba or carrying goods in which a Cuban national has an interest from entering a U.S. port, except as authorized by the Secretary of the Treasury; and (2) specified commodities authorized to be exported under a general license from being exported under such a license to any such vessels. Directs the President to establish strict limits on remittances to Cuba by U.S. persons for purposes of financing the travel of Cubans to the United States to assure that such remittances are not used by the Cuban Government as a means of gaining access to U.S. currency. Declares that food, medicine, and medical supplies for humanitarian purposes should be made available to Cuba under the Foreign Assistance Act of 1961 and the Agricultural Trade Development and Assistance Act of 1954 if the President certifies to the House Foreign Affairs Committee and the Senate Foreign Relations Committee that the Government of Cuba: (1) has made a commitment to hold free and fair elections for a new government within six months and is proceeding to implement that decision; (2) has made a commitment to respect and is respecting human rights and basic democratic freedoms; and (3) is not providing weapons or funds to any group in any other country that seeks the violent overthrow of the government of such country. Waives sanctions against Cuba under this Act if the President reports to the Congress that Cuba: (1) has held free and fair elections conducted under internationally recognized observers; (2) has permitted opposition parties ample time to campaign for such elections and has permitted full access to the media to all candidates; (3) is showing respect for basic civil liberties and human rights; (4) is moving toward establishing a free market economic system; and (5) has committed itself to constitutional change that would ensure regular free and fair elections. Requires the President, if he makes such report, to take the following actions with respect to a freely-elected Cuban Government: (1) encourage the admission of such government to international organizations and financial institutions; (2) provide emergency relief during Cuba's transition to a viable economic system; (3) take steps to end the U.S. trade embargo of Cuba; and (4) enter into negotiations for a trade agreement with Cuba. Requires the Secretary of the Treasury to exercise the authorities of the Trading With the Enemy Act in enforcing this Act. Authorizes appropriations. Amends the Trading With the Enemy Act to authorize the Secretary to impose a civil penalty on violators of such Act. Provides for forfeiture of any property or vessel that is the subject of a violation. Requires the Department of the Treasury to establish a branch of the Office of Foreign Assets Control in Miami, Florida.
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 · 3 June 1992
United States - China Act of 1992 - Prohibits the President from recommending for a 12-month period in 1993 continuation of a waiver of human rights and emigration requirements for nondiscriminatory treatment (most-favored-nation treatment) for China under the Trade Act of 1974 unless a specified report is submitted to the Congress stating that China has accounted for and released prisoners who dissented in Tiananmen Square and in other parts of China on June 3 and 4, 1989, and made progress in: (1) preventing gross violations of internationally recognized human rights, including workers' rights, in China and Tibet; (2) preventing exports of products made by prison labor, and allowing U.S. officials and international organizations to inspect such places of detention; (3) terminating religious persecution in China and Tibet and releasing religious leaders incarcerated as a result of the expression of their religious beliefs; (4) removing restrictions in China and Tibet on freedom of the press and on broadcasts by the Voice of America; (5) terminating harassment of Chinese citizens in the United States (including refusal to return or renew passports as retribution for prodemocracy activities); (6) ensuring access to prisoners of international human rights monitoring groups; (7) ensuring freedom from torture and in humane prison conditions; (8) terminating prohibitions on peaceful assembly imposed after June 3, 1989; (9) committing to engage in high-level discussions on human rights issues; (10) adhering to the Joint Declaration on Hong Kong; (11) providing adequate protection of U.S. patents, copyrights, and other intellectual property rights, and implementing the Memorandum of Understanding Between the Government of the People's Republic of China and the Government of the United States of America on the Protection of Intellectual Property; (12) providing U.S. exporters access to Chinese markets, including lowering tariffs, removing nontariff barriers, and increasing the purchase of U.S. goods and services; (13) ceasing unfair trade practices which burden or restrict U.S. Commerce; (14) adopting a national policy which adheres to the Missile Technology Control Regime and the controls of the Nuclear Suppliers Group and the Australia Group on chemical and biological arms proliferation; and (15) assuring that it is not assisting any nonnuclear weapons state in acquiring nuclear explosive devices. Requires the President, if he recommends such extension, to include in a specified document submitted to the Congress a report on China's progress in meeting the above-mentioned objectives. Requires such report also to include, but not be limited to, progress made by China and Tibet with regard to specified human rights. Grants nondiscriminatory treatment to products of nonstate-owned enterprises in China.
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 · 27 May 1992
Expresses the sense of the Congress that the United States Trade Representative must negotiate a multilateral trade agreement that: (1) provides the U.S. steel industry with a level of protection equal to that enforced under the Steel Import Stabilization Act; and (2) does not include provisions that would weaken U.S. antidumping or countervailing duty laws. Urges the Department of Commerce and the International Trade Commission to process expeditiously, while ensuring enforcement of relevant statutes and regulations, any petitions filed by domestic producers regarding unfair steel trade practices.
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.
![Official portrait of Rep. Ritter, Don [R-PA-15]](https://www.congress.gov/img/member/r000277_200.jpg)