United States · United States Congress · 7 May 1992
Trade Expansion Act of 1992 - Title I: Market Access Provisions - Subtitle A: Enforcement of United States Rights Under Trade Agreements and Response to Certain Foreign Trade Practices - Amends the Trade Act of 1974 to extend through calendar year 1997 the requirement that the United States Trade Representative (USTR) identify U.S. trade liberalization priorities. Expresses the sense of the Congress that foreign countries that have substantial trade surpluses with the United States, and maintain acts, policies, or practices that are major barriers to, or distortions of, potential U.S. export trade, should be identified (for purposes of "Super 301" under the Trade Act of 1974) as priority foreign countries, and such acts, policies, or practices identified as priority practices. Amends the Trade Act of 1974 to authorize any interested person to request the USTR to review to determine whether a foreign country is in material compliance with the terms of a trade agreement. Defines an "interested person" as any person with a significant economic interest that is being or has been adversely affected by a foreign country's failure to comply materially with terms of a trade agreement. Requires the USTR to determine what action to take if a foreign country is found not in material compliance with such agreement. Directs the USTR to initiate an investigation of all acts, policies, and practices of Japan, Korea, and Taiwan that affect the access of U.S. rice to their markets. Requires the USTR to negotiate the elimination of such acts, policies, and practices, and report to the Congress on the progress of such negotiations. Subtitle B: International Trade in Motor Vehicles and Motor Vehicle Parts - Directs the USTR to initiate an investigation of all acts, policies, and practices of Japan that affect the access of U.S. motor vehicles and motor vehicle parts to its market, including but not limited to: (1) acts, policies, and practices utilized in the Japanese automotive distribution system; (2) toleration of anticompetitive activities by private Japanese firms (including "Keiretsu"); (3) exclusionary business practices; and (4) testing requirements and other government regulations. Requires the USTR to negotiate with Japan for a trade agreement that: (1) eliminates such acts, policies, and practices; (2) provides enforcement of Japan's commitments under the Structural Impediments Initiative, the Market -Oriented Sector Specific agreements, and the Action Plan announced at the Tokyo Summit in January 1992 with respect to trade in, and purchase of, motor vehicles and motor vehicles parts; (3) establishes long term goals for the purchase by Japanese motor vehicle manufacturers of high value-added motor vehicle parts and accessories; and (4) establishes procedures for the exchange of information between the United States and Japan that will permit the accurate assessment of the bilateral trade in motor vehicle parts. Requires the USTR to report to the Congress if such negotiations prove unsuccessful. Directs the President to negotiate with Japan for a voluntary restraint agreement that will provide for the imposition of limitations on the aggregate number of Japanese passenger automobiles and light trucks that may be exported to the United States between 1992 and 2000. Authorizes the President to enforce such agreements. Requires specified reports with respect to such negotiations. Expresses the sense of the Congress that the USTR should refer to the U.S. Government all information pertaining to Japanese acts, policies, and practices that adversely affect access to the purchasing by Japanese motor vehicle manufacturers in the United States of U.S. motor vehicle parts by Japanese-owned or-controlled producers. Requires the Board established by the Foreign-Trade Zones Act to: (1) review the operations of U.S. and foreign motor vehicle and motor vehicle parts producers to determine any positive economic effect on the United States of such Act; and (2) take appropriate action, including revocation or modification of a foreign-trade zone or subzone grant, with respect to any producer whose operations in such zone are determined not to have a net positive effect on the U.S. economy. Title II: Customs Modernization - Customs Modernization and Informed Compliance Act - Subtitle A: Improvements in Customs Enforcement - Amends the Tariff Act of 1930 to revise customs procedures with respect to: (1) electronic transmission of forged, altered, or false data to the United States Customs Service with regard to the entry of imported merchandise; (2) penalties for failure to declare imported controlled substances; (3) examination and detention of imported merchandise; (4) certain recordkeeping requirements; (5) examination of books and witnesses; (6) review of protests by the Customs Service; (7) a repeal of a provision relating to the reliquidation on account of fraud; (8) penalties relating to manifests, false drawback or refund claims, and for fraud, gross negligence, and negligence; (9) unlawful unlading or transshipment; (10) public access to Customs Service interpretative rulings and decisions; and (11) seizure of imported merchandise. Subtitle B: National Customs Automation Program - Directs the Secretary of the Treasury (Secretary) to establish the National Customs Automation Program which shall be an automated and electronic system for the processing of commercial imports. Provides for electronic data transmission relating to: (1) remote location filing; (2) effective date of rates of duty on imported merchandise; (3) merchandise manifests; (4) imported merchandise invoices; (5) entry and release of imported merchandise; (6) admissibility in administrative and judicial proceedings of electronically transmitted information; (7) appraisement and liquidations of imported merchandise; (8) the payment of duties; (9) abandonment and damage to imported merchandise; (10) protests of Customs Service decisions; (11) refunds and errors; (12) bonds and other security; and (13) customs house brokers. Requires a refund (drawback) of duties (less one per cent of such duties) on articles produced in the United States with imported merchandise that have been destroyed under Customs Service supervision, provided such articles have not been used prior to such destruction. Sets forth provisions with respect to customs officer's immunity in regard to the appraisement of or collection of duties on imported merchandise. Subtitle C: Miscellaneous Amendments to the Tariff Act of 1930 - Amends the Tariff Act of 1930 to authorize the Secretary to disregard the difference, but not less than $20 (currently ten dollars), between the total estimated duties deposited with respect to imported merchandise and the total amount actually due on such merchandise. Authorizes the Secretary to admit duty-free: (1) gifts from persons in foreign countries to persons in the United States whose value does not exceed $100 (currently, $50), or $200 (currently, $100) in the case of gifts from persons in the Virgin Islands, Guam, and American Samoa; (2) articles accompanying persons for personal or household use whose value does not exceed $200 (currently, $25); or (3) articles whose value does not exceed $200 (currently, five dollars) in other cases. Authorizes the Secretary to waive collection of duties due on merchandise that are worth less than $20, or such greater amount as prescribed by him or her. Requires masters of vessels that have visited a hovering vessel or received merchandise while outside the U.S. territorial sea to report their arrival to the nearest customs facility. Provides for the electronic transmission of vessel documentation to the Customs Service. Requires the following vessels to report to the nearest Customs Service facility within 24 hours (or other period of time) as provided after arrival to a U.S. port: (1) vessels from a foreign port; (2) foreign vessels from a domestic port; (3) U.S. vessels having bonded or foreign merchandise for which entry has not been made; or (4) vessels which visited a hovering vessel or received merchandise outside the U.S. territorial sea. Authorizes the Secretary to permit masters of vessels to make preliminary entry of their vessel with the Customs Service in lieu of or before formal entry is made. Requires U.S. and foreign vessels to obtain clearance from the Customs Service before proceeding from a U.S. port for: (1) a foreign port; (2) another U.S. port (for foreign vessels only), or (for U.S. vessels only) another U.S. port if the vessel has bonded or foreign merchandise for which entry has not been made; or (3) outside the U.S. territorial sea to visit a hovering vessel or to receive merchandise. Exempts from entry and clearance requirements certain passenger vessels on excursion from the U.S. Virgin Islands to the British Virgin Islands and returning, U.S. documented vessels with recreational endorsement, or (as under current law) undocumented U.S. pleasure vessels not engaged in trade, except such vessels must comply upon arrival with specified customs reporting requirements and navigation laws and must not have visited any hovering vessel. Prohibits merchandise, passengers, or baggage from being unladen from any vessel required to make entry or vehicle required to report its arrival until such entry or report of arrival is made and a permit for unlading has been issued by the Customs Service. Authorizes the issuance of such permits through electronic data transmission. Requires every importer of record of merchandise to make and file electronically or otherwise a declaration stating whether such merchandise is imported pursuant to a purchase or purchase agreement and that all other required documents are true and correct. Requires persons who gained any benefit from, or met any obligation to the United States as the result of the prior exportation of merchandise that has returned as undeliverable to inform the Customs Service of the return of such merchandise within a reasonable time. Provides for electronic data transmission of entry information to complete any incomplete entry of imported merchandise. Declares entered or unentered merchandise that remains in customs custody for six months, with an extension at the importer's request of up to a year (currently, for merchandise that remains in custody for one year), and in which duties, taxes, fees, storage, and other charges have not been paid, to be unclaimed merchandise which shall be appraised and sold by the Customs Service at public auction. Authorizes the sale of imported gunpowder and other explosive merchandise that if permitted to remain in a bonded warehouse for six months (currently, one year) would depreciate in value to the extent that its sale would be insufficient to pay such duties, taxes, fees, storage, and other charges. Authorizes the Customs Service, in lieu of sale, to provide notice to interested parties that, unless, within 30 days of such notice, the subject merchandise is entered or withdrawn for consumption and payment made of all duties, taxes, and fees, transfer and storage charges and other expenses that title to such merchandise shall be deemed to vest in the United States. Authorizes the Secretary to pay to a party that has lost a substantial interest in merchandise by virtue of title vesting in the United States, and can establish that it did not receive a vesting notice, an amount from the Customs Forfeiture Fund equal to what such party would have received if such merchandise had been sold and a proper claim filed. Requires any surplus of the proceeds from the sale of such merchandise to be deposited into the Fund if a claim for such surplus is not filed with the Customs Service. Authorizes the Secretary to prescribe regulations for the declaration and entry of merchandise whose value does not exceed a certain amount, not more than $2,500 (currently not greater than $1,250), and/or when different commercial facilitation and risk considerations that may vary for different classes or kinds of merchandise or different classes of transactions may dictate. Requires the Secretary upon seizure and forfeiture of imported merchandise bearing a counterfeit mark to dispose of such merchandise more than 90 days (currently, one year) after such forfeiture. Authorizes withdrawal of imported merchandise from a warehouse for transfer to a foreign trade zone. Authorizes the Customs Service to order the destruction or other appropriate disposition of vessels, vehicles, aircraft, merchandise, or baggage that has been seized under the customs laws if it determines that the expense of keeping such items is disportionate to their value (currently applies only to items of less than $1,000 in value). Authorizes the use of funds from the Customs Forfeiture Fund for the payment of: (1) certain transfer and storage charges and expenses; and (2) claims against Customs Service employees. Requires actions for fraud, gross negligence, and negligence, false drawback or refund claims, and restoration of lawful duties with respect to imported merchandise to be instituted within five years after the alleged violation or discovery of such fraud. Requires the Customs Service to be reimbursed the administrative cost and expense incurred in collecting fees on behalf of other Federal agencies. Authorizes the Secretary to settle, for no more than $50,000 in each case, claims for personal injury, death, or damage to, or loss of, privately owned property caused by an investigative or law enforcement officer of the Customs Service. Authorizes the Secretary to contract with persons for collection services to recover indebtedness arising under the customs laws, provided the Customs Service has exhausted all administrative efforts to collect such indebtedness. Subtitle D: Miscellaneous Provisions and Consequential and Conforming Amendments to Other Laws - Amends the Harmonized Tariff Schedule of the United States to exempt from such Schedule articles which are returned within 45 days after being exported from the United States as undeliverable and which have not left the custody of the carrier or foreign customs service. Prohibits such exportations from satisfying any requirement for exportation in order to receive a benefit from, or meet an obligation, to the United States as a result of such exportation. Declares that certain railway locomotives and railway freight cars on which no duty is owed are not subject to the entry or release requirements for imported merchandise under the Tariff Act of 1930. Exempts instruments of international trade, such as containers, lift vans, rail cars and locomotives, truck cabs and trailers, etc., from formal entry procedures. Requires them to be accounted for however, when imported to and exported from the United States through the manifesting procedures required for international carriers by the U.S. Customs Service. Amends the Internal Revenue Code and other specified Federal law with respect to: (1) certain expenditures from the Harbor Maintenance Trust Fund; and (2) coastwise trade vessels and U.S. vessels visiting foreign ports. Amends Federal law to grant the Court of International Trade exclusive jurisdiction of any civil action for review decisions of the Customs Service that deny, suspend, or revoke accreditation of private customs laboratories. Bars the commencement of such actions unless brought before such Court within 60 days of such decisions. Repeals specified provisions of Federal law. Requires the Commissioner of Customs to report to the Congress each fiscal year after FY 1992 on the collection of duties imposed under the antidumping and countervailing duty laws. Amends the Omnibus Budget Reconciliation Act of 1987 to authorize the Commissioner of Customs to obtain from the operators of centralized cargo examination stations information on fees paid for the provision of services at such stations. Requires the Commissioner to report to specified congressional committees on the payment of such fees. Amends the Customs and Trade Act of 1990 to require the Commissioner of Customs to: (1) devise a methodology for estimating the level of compliance with the U.S. customs laws; and (2) evaluate the extent to which such compliance was obtained during the 12-month period preceeding the 60th day before each fiscal year 1993 through 1995. Directs the Commissioner to initiate, and submit to the Congress, a compliance review of certain carrier services. Title III: Customs and Trade Agency Authorizations for Fiscal Years 1993 and 1994 - Amends the Tariff Act of 1930 to authorize appropriations to the United States International Trade Commission (ITC) for FY 1993 and 1994. Earmarks a specified amount for reception and entertainment expenses. Prohibits use of such funds for any special study, investigation, or report requested by an agency of the executive branch unless such agency reimburses the ITC for its costs. Amends the Customs Procedural Reform and Simplification Act of 1978 to authorize appropriations to the United States Customs Service for FY 1993 and 1994 for: (1) noncommercial operations; (2) commercial operations; and (3) the air interdiction program. Amends the Trade Act of 1974 to authorize appropriaitons to the Office of the United States Trade Representative for FY 1993 and 1994. Amends the Tariff Act of 1930 to authorize apropriations for FY 1993 and 1994 for certain expenditures from the Customs Forfeiture Fund relating to purchases by the Customs Service of evidence of smuggling of controlled substances. Amends the Trade Act of 1974 to eliminate the East-West Trade Statistics Monitoring System. Title IV: Miscellaneous Trade Provisions - Subtitle A: Nontariff Provisions - Directs the President to negotiate trade agreements that eliminate the adverse effects of anticompetitive practices on international trade. Requires the President to report to the Congress on the status of such negotiations. Expresses the sense of the Congress that the President, with respect to ensuring the effectiveness of the U.S. embargo of Cuba, should seek negotiations with countries that trade with Cuba to seek their agreement to restrict trade relations with it. Amends the Omnibus Trade and Competitiveness Act of 1988 to require the Secretary of the Treasury, at the request of the Secretary of Commerce (currently, authorizes the Secretary of the Treasury): (1) to take necessary action to ensure the attainment of the objectives of the machine tool decision of the President on May 20, 1986, and on December 27, 1991; and (2) to enforce any imported machine tool quantitative limitations, restrictions, or other terms contained in related bilateral arrangements. Requires the Secretary of the Treasury to enforce the quantitative limitations and other provisions of bilateral arrangements negotiated with Taiwan on December 31, 1991, pursuant to the President's machine tool decision of May 20, 1986, until bilateral agreements are negotiated with such country pursuant to the President's December 27, 1991, decision. Directs the ITC to report to the Congress propsals for consolidating and simplifying U.S. international trade laws. Requires the Director of the Congressional Research Service to make recommendations to the Congress about establishment of a special unit that would: (1) integrate the resources of the Service, the ITC, and other appropriate agencies; and (2) serve as a central and objective source of information for the Congress on data and trends in trade between the United States and foreign countries. Subtitle B: Foreign Subsidies and Countervailing and Antidumping Duty Amendments - Amends the Tariff Act of 1930 to require completion of reviews by the administering authority of the amount of duty with respect to countervailing and antidumping duty orders by the 270th day after the day on which a request for review was received. (Currently, there is no such deadline for completion of such a review.) Requires the ITC to consider contracts with long lead time as a factor when making material injury determinations with respect to an affected domestic industry in countervailing and antidumping duty investigations. Declares that the presence or absence of any factor the ITC is required to consider shall not give decisive guidance with respect to any threat of material injury determinations. Provides that, with respect to the determination of foreign market value of imported merchandise under investigation, no allowance shall be made to account for differences in input costs that are based on whether the end product made from the input is sold in the home market or exported. Requires the United States Customs Service to report annually to the administering authority on the amount of duties collected during each year under each countervailing and antidumping duty order. Requires the administering authority to make such data available to interested parties. Requires the administering authority, when determining whether imported parts or components are circumventing an antidumping or countervailing duty order or finding, and whether to include such parts or components in such order or finding, to consider: (1) the pattern of trade; (2) the value and sources of supply of parts or components historically used in completion or assembly of the merchandise subject to such order; (3) whether the manufacturer or exporter of such parts or components is related to the person who assembles or completes the merchandise sold in the United States from the parts or components produced in the foreign country with respect to which the order or finding applies; and (4) whether imports into the United States of the parts or components produced in such foreign country have increased after the issuance of such order or finding. Authorizes the administering authority to include within the scope of such order or finding imported parts or components that are used in the completion or assembly of certain merchandise sold in the United States and subject to such order or finding, provided: (1) such merchandise is completed or assembled in the United States from parts or components supplied by the exporter or producer with respect to which such order or finding applies, from suppliers that have historically supplied the parts or components to that exporter or producer, or from any party in the exporting country supplying parts or components on behalf of such exporter or producer; (2) the value of such imported parts and components is significant in relation to the total value of all parts and components used in the assembly or completion operation, excluding packing, of the imported merchandise covered by such order or finding; or (3) consideration of specified factors establishes a pattern of circumvention of a countervailing and antidumping duty order or finding. Enables the administering authority to base such a decision on any of such factors by itself, rather than on all of them together. Sets forth similar provisions for merchandise completed or assembled in other foreign countries. Directs the Secretary of Commerce and the ITC to study and report to the Congress on modification of standards applicable to the initiation of countervailing and antidumping duty actions in order to make petitioning for such initiations less costly and more accessible for domestic petitioners. Requires the USTR to report to the Congress on the operation of the Agreement Concerning the Application of the GATT Agreement on Trade in Civil Aircraft between the United States and the European Community. Expresses the sense of the Congress that the President should not enter into any international trade agreement on antidumping requiring changes in U.S. antidumping laws that would reduce the effectiveness of such laws as a remedy against injurious dumped imports. Urges the President to review antidumping provisions contained in the Draft Final Act Embodying the Results of the Uruguay Round of Multilateral Trade Negotiations dated December 21, 1991 and seek changes to strengthen the effectiveness of U.S. antidumping laws, including, but not limited to, changes in provisions dealing with cumulation of injury and dispute settlement. Expresses the sense of the Congress that the U.S. Government should not condone the use by foreign governments of trade distorting subsidies, including development subsidies, that cause material injury to U.S. industries. Subtitle C: Other Tariff Provisions - Amends the Trade Act of 1974 to remove the Union of Soviet Socialist Republics from the list of countries ineligible for designation as a beneficiary developing country under the Generalized System of Preferences. Amends the Harmonized Tariff Schedule of the United States to create a new tariff classification to cover imports of motor fuel blending stocks. Imposes a duty on such stocks. Revises the classification of linear alkylbenzenesulfonates and linear alkylbenzene sulfonic acids. Revises a specified subheading relating to nonalloy iron and steel pipes and tubes to include non-galvanized forms of such products. Increases the duty on certain other iron and steel pipes and tubes. Imposes a duty on galvanized nonalloy iron and steel pipes and tubes having a specified thickness. Increases the duty on certain stainless steel pipes and tubes. Authorizes the USTR to negotiate compensation for claims made pursuant to the General Agreement on Tariffs and Trade, or any other trade agreement to which the United States is a party, as a result of the amendments made by this Act. Requires the Secretary of the Treasury, with respect to producers of watches in the insular possessions of the United States who are wage certificate holders, to pay to such a holder, at the holder's election, the face value of such certificates less the value of: (1) any duty refunds claimed by the holder under the certificate; and (2) any duty refunds under such certificate that are sold by such holder. Grants duty-free treatment of articles (not over $600 in value) acquired in Bermuda. Grants duty-free treatment to sweaters in which the number of U.S. citizens, nationals, or resident aliens who perform the assembly operations (in Guam) comprise at least 50 percent of the total number of assembly production workers. Sets forth specified exceptions. Provides that stuffed dolls and doll skins that are imported into the United States on or after December 31, 1985, and before October 1, 1988, shall be liquidated as duty free as of October 1, 1988. Declares that a specified production incentive certificate shall be deemed to have been reissued on the 15th day after the enactment of this Act, and shall expire one year after such day. Amends the Tariff Act of 1930 to exempt semiconductors from the country of origin marking requirements under such Act. Amends the Foreign Trade Zones Act to extend until December 31, 1994, the exclusion of bicycle component parts from the exemption from customs laws provided by such Act. Treats certain entries of fabric wholly of polyamide as having been exported from the United States in accordance with and in satisfaction of the temporary importation bond and obligations of The Umbrellas: Joint Project for Japan and U.S.A. Corporation if specified conditions are met. Amends the Harmonized Tariff Schedule of the United States to authorize the extension of time (not to exceed five years) for the exportation of articles to be repaired, altered, or processed, including processes which result in articles manufactured or produced in the United States, that are imported duty-free under bond, provided that any extension beyond the third year must be accompanied by the importer's certification that such articles are to be incorporated into a communications satellite. Subjects to liquidated damages any such articles imported after January 1, 1983, and before the effective date of this Act, that are certified by the importer as having been dedicated for incorporation into a communications satellite, and as not having been exported within the time required because of launch schedule delays. Limits such liquidated damages to a maximum one percent of the liquidated damages established under the bond.
United States · United States Congress · 7 May 1992
Amends the Economic Stabilization Act of 1970 to abolish the Temporary Emergency Court of Appeals (TECA). Specifies that appeals from orders or judgments entered by a U.S. district court in cases and controversies arising under such Act may be brought in the U.S. Court of Appeals for the Federal Circuit if the appeal is from a final decision of the district court or is an interlocutory appeal permitted under the Federal judicial code. Amends: (1) the Natural Gas Policy Act of 1978 to substitute the U.S. Court of Appeals for the Federal Circuit for TECA with respect to judicial review of emergency orders under such Act; and (2) the Federal judicial code to grant such Court exclusive jurisdiction over appeals under specified provisions of such Act, the Emergency Petroleum Allocation Act of 1973, and the Energy Policy and Conservation Act. Provides for the handling of cases pending before TECA.
United States · United States Congress · 5 May 1992
Designates September 18, 1992, as National POW/MIA Recognition Day. Requires the POW/MIA flag to be flown on a flagstaff of the White House, the Departments of State, Defense, and Veterans Affairs, the Selective Service Commission, each national cemetery, and the National Vietnam Veterans Memorial on such day. Requires the flag to be flown on a flagstaff of each national cemetery and the National Vietnam Veterans Memorial on May 30, 1992 (Memorial Day), and on November 11, 1992 (Veterans Day). States that the flag shall be displayed as a symbol of national concern and commitment to resolving the fates of Americans still prisoner, missing, and unaccounted for.
United States · United States Congress · 29 April 1992
Prisoner-of-War Commemorative Coin Act - Directs the Secretary of the Treasury to issue a specified number of one-dollar coins emblematic of the experience of American prisoners of war. Requires that all sales of such coins include a surcharge of $5 per coin. Requires specified proceeds from such surcharges to be paid to the: (1) Secretary of the Interior for construction of the Andersonville Prisoner-of-War Museum in Andersonville, Georgia; (2) endowment fund established by this Act for the maintenance of such Museum; and (3) Secretary of Veterans Affairs to maintain national cemeteries.
United States · United States Congress · 19 March 1992
Declares that it is the sense of the Congress that any legislation passed by the Congress to address American health care needs must include coverage for mental disorders.
United States · United States Congress · 18 March 1992
Buddy System Computer Education Act - Directs the Secretary of Education to award a grant to each of three States to create a computer-based education project for children in grades six through eight. Requires such awards to be on an competitive basis. Gives preference to applications: (1) from States with demonstrated ability or commitment to computer-based technology education; and (2) describing projects serving school districts serving a large number or percentage of economically disadvantaged students. Requires site selection and project implementation within nine months after funds are appropriated. Requires such projects to: (1) be provided in a continuous three-year form to two consecutive groups of sixth, seventh, and eighth graders; (2) be conducted in not more than seven public schools within the State; and (3) ensure each student in such classes participates and has access to a computer at school during the school year and at home during the school year and summer. Sets forth application requirements. Requires the use of grant funds to provide: (1) hardware and software components to all sites; and (2) training for classroom teachers as well as parents, administrators, and technical personnel. Requires the Secretary to evaluate such demonstration program and report to the Congress. Authorizes appropriations.
United States · United States Congress · 18 March 1992
Makes eligible for the award of the Purple Heart those persons wounded in action on or after December 7, 1941, by weapon fire while engaged in armed conflict, regardless of the origin of the weapon fire.
United States · United States Congress · 3 March 1992
Title I: Administrator of the House of Representatives - Amends the Rules of the House of Representatives to add rule LII establishing the position of Administrator of the House (Administrator). Directs the Administrator, under the policy supervision and oversight of the Committee on House Administration (except in those areas under the jurisdiction of the House Office Building Commission) to plan, coordinate, and direct the administrative support operations of the House. Requires the Administrator to study the functions of the House and, within one year after his or her appointment and periodically thereafter, make recommendations to the Committee on House Administration regarding changes needed to assure the efficient operation of the House, including any changes in its rules, policies, and procedures. Adds rule LIII to establish the position of Auditor of the House of Representatives, to be appointed by the chairman of the Committee on House Administration with the approval of the Speaker and the minority leader. Title II: Committee on House Administration - Amends rule X to revise the functions of the Committee on House Administration to include general oversight with respect to the Administrator, the Auditor, and his or her staff. Title III: Annual Reporting Requirement - Amends rule I to direct the Speaker to require the Administrator, the Clerk, the Sergeant-at-Arms, the Doorkeeper, and the Postmaster each to report annually to the Speaker, with copies of the report to be printed as a House document and made available to the public.
United States · United States Congress · 25 February 1992
Voting Rights Improvement Act of 1992 - Amends the Voting Rights Act of 1965 to extend the termination date on the prohibition of covered States and political subdivisions providing voting materials only in English. Modifies criteria for determining whether a State or subdivision is covered.
United States · United States Congress · 14 February 1992
Automobile Content Information Disclosure Act - Requires manufacturers and dealers of passenger motor vehicles, light trucks, and sport utility vehicles to display on each vehicle a label specifying: (1) the estimate of the manufacturer of the average range of the minimum and maximum components of each model line of such vehicle which are produced in the United States; and (2) the location of the final assembly of such vehicle. Treats violations under this Act as violations of the label and entry requirements under the Automobile Information Disclosure Act and as unfair or deceptive acts or practices in or affecting commerce under the Federal Trade Commission Act.
United States · United States Congress · 4 February 1992
Restrictions on Azerbaijan Act - Requires the United States to continue to deny the following trade and economic benefits to the Republic of Azerbaijan: (1) most-favored-nation status (nondiscriminatory treatment); (2) loans, guarantees, or insurance with respect to U.S. exports to it; (3) beneficiary status under the Generalized System of Preferences; (4) treatment as a country subject to provisions of the Trade Act of 1974 relating to market disruption; (5) treatment as a member of Country Group Y (countries with which the United States has diplomatic or trading relations); (6) any benefit bestowed under the Agreement on Trade Relations Between the United States and the Soviet Union, signed on June 1, 1990; and (7) U.S. assistance under the Foreign Assistance Act of 1961. Requires the United States to impose as a condition to making contributions to any international organizations providing activities in the former Soviet Union that none of the funds be available for such activities, except humanitarian assistance, in Azerbaijan. Authorizes the President to waive such restrictions. Terminates such restrictions if the President determines and reports to the Congress that Azerbaijan: (1) has ceased all blockades and uses of force against Armenia and Nagorno-Karabakh; (2) improves the human rights of Armenians, Russians, Jews, and other minorities; and (3) has committed to resolve the Nagorno-Karabakh conflict peacefully.
United States · United States Congress · 22 January 1992
Title I: Short Title, Findings, and Definitions - Trade Enhancement Act of 1992 - Sets forth congressional findings and purposes with respect to access to Japanese markets by U.S. manufacturers of motor vehicles and motor vehicle parts. Title II: Merchandise Trade Deficit Reduction - Sets forth annual merchandise trade deficit reduction targets with respect to Japan's trade deficit with the United States. Requires the Secretary of Commerce (Secretary) to compute annually whether the target has been met for each year, and if it has not, to publish in the Federal Register the import and production restriction implementation period for such year. Authorizes the Secretary to impose temporary quantitative import restrictions on Japanese or Japanese-related motor vehicles (foreign motor vehicles) entered during the first three months of the calendar year following the year for which such computation is made. Requires the Secretary to submit a report to the Congress. Expresses the sense of the Congress that representatives of the United States and Japan should continue discussions regarding measures, to be selected by the Japanese Government, to achieve the merchandise trade deficit reduction targets. Urges the United States Trade Representative (USTR) during such discussions to address market access priorities for U.S. exports to Japan. Title III: Import and Production Restrictions to Be Implemented If Trade Deficit Reduction Target Not Met - Directs the Secretary to compute for calendar years 1993 through 1999 quantitative import restrictions on foreign motor vehicles and domestic motor vehicle production restrictions for transplanted Japanese-related auto manufacturers, except such computations are not required for calendar years 1997 through 1999 if trade deficit reduction targets for calendar years 1992 through 1996 are met. Sets forth civil penalties. Requires each person that has one or more motor vehicle or motor vehicle parts manufacturing facilities within the United States to certify to the Secretary whether it is a domestic vehicle or parts manufacturer or a transplanted Japanese-related vehicle manufacturer. Sets forth provisions with respect to: (1) the Secretary's authority to obtain information and data; and (2) enforcement of this Act. Sets forth civil penalties. Sets forth provisions with respect to the enforcement and judicial review of such penalties. Requires the Secretary to report annually to the Congress on implementation of this Act. Title IV: Negotiations and Other Actions - Requires the USTR to enter into negotiations with Japan to enter into a bilateral agreement that: (1) provides a phased-in increase in the use by transplanted motor vehicle manufacturers of domestically-produced motor vehicle parts to the point where such parts constitute 60 percent or more of the total parts used in the production of such vehicles; and (2) eliminate those aspects of the Japanese automotive distribution system that affect the access of domestically-produced motor vehicle parts to Japanese markets. Directs the USTR to enter into negotiations with representatives of the European Community, Japan, and the governments of other major vehicle-producing countries to enter into multilateral agreements that rationalize world-wide market access and production of motor vehicles and motor vehicle parts. Considers acts, practices, and policies of Japan (including, but not limited to, acts, policies, and practices utilized in the Japanese automotive distribution system known as "Keiretsu") that affect the access of manufacturers of domestic motor vehicle parts to the Japanese market as being unjustifiable and burdensome or restrictive to U.S. commerce, according to the Trade Act of 1974. Adds to response authority under such Act authority to increase the percentage of domestically-produced motor vehicle parts used in the production of motor vehicles for purposes of the qualification of Japanese manufacturers as domestic vehicle manufacturers. Specifies certain objectives to be included in negotiations with Japan if the USTR decides to take action with respect to such practices. Requires the USTR to make certain estimates with respect to the percentage of the Japanese market that is accounted for by domestic motor vehicle parts manufacturers. Directs the Secretary to commence an antidumping duty investigation under the Tariff Act of 1930 to determine whether imports or sales (or the likelihood of sales) of Japanese motor vehicle parts to the United States warrant the imposition of antidumping duties. Requires the Secretary of the Treasury to study and report to the Congress on the extent to which: (1) "Keiretsu" operations in the United States are in compliance with the internal revenue laws, particularly those relating to transfer pricing; and (2) the Internal Revenue Service is auditing such operations. Amends the Harmonized Tariff Schedule of the United States to classify for the purposes of tariff treatment certain light trucks as motor vehicles for the transport of goods.
United States · United States Congress · 26 November 1991
Coal Industry Retiree Health Benefit Act of 1991 - Amends the Internal Revenue Code to establish the Coal Industry Retiree Health Benefit Corporation to administer a program for the provision of retiree health benefits in the coal industry. Establishes the Coal Industry Retiree Benefit Fund for the deposit of all amounts received by the Corporation. Requires the following payments to the Corporation: (1) an hourly premium on each hour worked in coal production by employees by each person that produces coal for use or for sale; (2) a per-ton premium obligation on the importer of coal; and (3) an annual per beneficiary premium by each last signatory operator and each other employer. Sets forth the eligibility requirements for benefits for orphan miners, and spouses and dependents or orphan miners or deceased coal miners. Requires the Corporation to provide medical and death benefits to such persons. Directs the Corporation to develop managed care rules applicable to the payment of benefits. Establishes the United Mine Workers of America 1991 Benefit Fund as an employee welfare benefit plan consisting of the merger of excess assets from certain closed plans. Sets forth eligibility requirements for benefits from such Fund. Requires the last signatory operator of any individual receiving retiree health care benefits as of February 1, 1993, from an individual employer plan maintained pursuant to a coal wage agreement to provide retiree health care benefits to such individual. Provides for the determination and disposition of excess pension assets to the Corporation or the 1991 Benefit Fund.
United States · United States Congress · 26 November 1991
United States Commercial Center Pilot Program Act of 1990 - Directs the Secretary of Commerce to establish, as a pilot program, a United States Commercial Center in one country each in the Baltics, including one of the former Soviet republics, Asia, and Latin America to provide additional resources for the promotion of exports of U.S. goods and services to such countries. Requires the Secretary to use the Market Development Cooperator Program to assist the Centers in providing such resources. Authorizes appropriations.
United States · United States Congress · 26 November 1991
Steel Trade Liberalization Program Extension Act - Amends the Steel Import Stabilization Act to express the sense of the Congress with respect to the quantity of steel products imported into, or exported to, the United States from April 1, 1992, through September 30, 1994, under the steel trade liberalization program.
United States · United States Congress · 26 November 1991
Requests the United State Trade Representative to refuse to agree to countervailing and antidumping duties, trade remedies, and certain other provisions proposed to be included in the General Agreement on Tariffs and Trade.
United States · United States Congress · 21 November 1991
Calls upon the President, as part of the Uruguay Round General Agreement on Tariffs and Trade (GATT) talks, to initiate negotiations to make GATT compatible with the Marine Mammal Protection Act and other U.S. health, safety, labor, and environmental laws, including laws to protect the environment outside of the United States. Declares that the Congress will not approve legislation to implement any trade agreement (including the Uruguay Round of the GATT and the U.S.-Mexico Free Trade Agreement) that jeopardizes such laws, including the Federal Food, Drug, and Cosmetic Act and the Clean Air Act.
United States · United States Congress · 21 November 1991
Condemns the ongoing use of force and violence in Yugoslavia. Calls upon all parties in Yugoslavia to comply with the provisions of ceasefire agreements. Supports the efforts of the European Community and other concerned countries to restore and maintain peace and to encourage negotiations leading to a peaceful resolution of differences. Urges: (1) Yugoslav political leaders to engage fully and in good faith in negotiations on the future of Yugoslavia; (2) the Yugoslav military leadership to desist from aiding either side in the armed conflict and to obey instruction from Federal authorities; (3) religious leaders in the Republics of Serbia and Croatia and elsewhere in Yugoslavia to work together in pursuing peace and reconciliation among the various ethnic populations of that country; and (4) the president and the Secretary of State to support the formation of an international peacekeeping force in Yugoslavia. Calls on the Serbs, Croats, and all other peoples of Yugoslavia to reject calls for violent retribution for past injustices and to cooperate to advance the common good of all people of the region.
United States · United States Congress · 14 November 1991
Reuse of American Industrial Manufacturing Facilities Act of 1991 - Declares that it is U.S. policy that idle industrial manufacturing facilities in the United States should be cleaned up and reused to the extent practicable. Amends the Public Works and Economic Development Act of 1965 to direct the Secretary of Commerce to: (1) conduct a study on methods of facilitating the reuse of such facilities; (2) consult with specified officials to ascertain regulatory, technical, and other constraints associated with such reuse; and (3) report to the Congress on the results of such study.
United States · United States Congress · 7 November 1991
Congratulates Levon Ter-Petrosian for becoming the first democratically elected President of the Republic of Armenia. Commends the Armenian people for successfully executing Armenia's first free, fair, and democratic presidential election. Urges the President to recognize Armenia's declaration of independence, extend full diplomatic recognition, and support Armenia's application to join international organizations.
United States · United States Congress · 5 November 1991
Designates December 4, 1991, as Federal Civilian Employee Remembrance Day to recognize contributions provided by Federal civilian employees during the attack on Pearl Harbor and during World War II.
United States · United States Congress · 30 October 1991
Child Support Enforcement Improvements Act of 1991 - Makes depository institutions not liable under any Federal or State law to any person for disclosing any financial record of an individual to a State child support enforcement agency attempting to establish, modify, or enforce a child support obligation of such individual. Prohibits such an agency from disclosing such a record for any other purpose and provides for civil damages for unauthorized disclosures. Amends the Fair Credit Reporting Act to permit credit reporting agencies to grant access to certain consumer reports to a State child support enforcement agency that is seeking to establish, modify, or enforce a child support obligation against the consumer. Amends the Social Security Act to revise requirements for State statutorily prescribed procedures to improve the effectiveness of child support enforcement. Requires such procedures to require, if a State court or administrative agency issues a support order requiring an absent parent to obtain medical insurance coverage for one or more children of a custodial parent, that the absent parent: (1) within 30 days after receiving notice of such order, provide to the custodial parent written documentation that such insurance coverage has been obtained or applied for; (2) upon failure to apply for, obtain, or maintain such coverage, be liable for any reasonable and necessary health or dental expenses, including medical insurance premiums of the child or children incurred by the custodial parent. Sets forth requirements for the insurer if such coverage is obtained. Includes under the incentive payments program any dependent medical insurance coverage which is provided due to the successful application of such enforcement procedures. Directs the Secretary of Health and Human Services (HHS) to study, and report to specified congressional committees how the successful efforts of States in enforcing obligations of absent parents to pay (and obtain medical insurance coverage with respect to) health and dental expenses of children should be rewarded through an incentive payments program. Amends Social Security Act provisions for collection of past-due child support from Federal tax refunds to require: (1) any State that has a centralized system for collection, recording, and distribution of child support to use such system to verify the existence of all past-due child support (in addition to other support verified by the system); and (2) any State that does not have such a system to make a good faith effort to collect all such past-due child support. Directs the Office of Child Support Enforcement of the Department of HHS to report to the Congress annually on State compliance with specified standards establishing time limits within which the State must respond to requests to provide certain child support assistance, under the Social Security Act. Requires States to assess a $1,000 penalty against any employer who fails to make a payment of withheld wages to pay child support obligations of an employee within the ten-day period required under the Social Security Act. Requires States to expend all such penalties collected for State plan operation within a specified period. Allows delay in such additional requirements if State legislation is required. Directs the Office of Child Support Enforcement of the Department of HHS to develop a national parent locator network which would build on the comprehensive statewide child support enforcement systems and which would allow States to carry on specified parent locator activities.
United States · United States Congress · 29 October 1991
1996 Atlanta Centennial Olympic Games Commemorative Coin Act - Provides for the minting and sale of commemorative gold and silver coins to support the 1996 Atlanta Centennial Olympic Games and the programs of the United States Olympic Committee.
United States · United States Congress · 24 October 1991
Nuclear Testing Moratorium Act - Prohibits the Secretary of Energy from conducting any explosive nuclear weapons test during the one-year period following the enactment of this Act unless the President certifies to the Congress that the Soviet Union has conducted such a test during such period.
United States · United States Congress · 22 October 1991
Intermodal Safe Container Transportation Act of 1991 - Requires any person initially tendering, to a carrier of property, any container or trailer in interstate or foreign commerce having a gross weight of more than 10,000 pounds to give the carrier verification of the total cargo weight and a description of the cargo. Makes such requirement applicable only to intermodal transportation. Requires the Secretary of Transportation to adopt rules to enforce this Act and provides for State enforcement.
United States · United States Congress · 21 October 1991
Federally Supported Health Centers Assistance Act of 1991 - Amends the Public Health Service Act to include entities receiving Federal funds under provisions relating to migrant health centers, community health centers, or health services for the homeless, and officers, employees, or contractors of such entities who are licensed health care practitioners, in the coverage of provisions regulating civil actions for injury resulting from medical or related functions against commissioned officers or employees of the Public Health Service. Subrogates to the United States any insurance claim such an entity or person has. Prohibits grants under provisions relating to migrant or community health centers or health services for the homeless unless the applicant has: (1) implemented policies and procedures to assure against malpractice; (2) reviewed the professional credentials, claims history, and other information regarding its licensed health care practitioners; and (3) no history of claims against it under such provisions relating to officers and employees of the Public Health Service, or has cooperated with the Attorney General in defending against such claims and has taken corrective action. Empowers the Attorney General, if certain conditions are met, to determine that an individual practitioner shall not be deemed a Public Health Service employee for purposes of these provisions. Prohibits hospitals from denying admitting privileges to an otherwise qualified health care provider who is an officer, employee, or contractor of such an entity.
United States · United States Congress · 17 October 1991
Expresses the sense of the Congress that: (1) the International Red Cross/Red Crescent Movement should include Magen David Adom (MDA) as a legitimate national society of the Movement; (2) the Star of David should be recognized as a legitimate symbol of humanitarian concern when utilized by MDA; and (3) all other national societies of the Movement should support full MDA membership.
United States · United States Congress · 8 October 1991
Telecommunications Act of 1991 - Title I: Infrastructure Development - Amends the Communications Act of 1934 to provide for the establishment of a Federal-State Joint Board to impose and enforce network quality standards upon common carriers (CC) to ensure the continued maintenance and evolution of CC facilities and services. Directs the Board to initiate a rulemaking proceeding to establish standards, to be enforced by the Federal Communications Commission (FCC) and the State commissions as to matters within their respective jurisdictions, for measuring CC network quality. Requires each CC to submit to the Board a quarterly data report regarding compliance with the prescribed standards. Authorizes the Board to require periodic independent audits of CC compliance with such standards. Directs the FCC to establish enforcement penalties and procedures, including expedited customer complaint mechanisms, to ensure CC compliance with such standards. Requires each local exchange carrier (LEC) to provide interconnection, on a reasonable and nondiscriminatory basis, to CCs and other providers of telecommunications and information services who request it, and to provide the interconnecting party with physical colocation, unless it demonstrates by clear and convincing evidence that physical colocation is not technically practicable, in which case virtual colocation is required. Specifies that a rural exchange carrier (REC) shall not be required to provide interconnection to another LEC. Directs the FCC to: (1) adopt and make effective rules to enforce the obligations imposed by such Act; and (2) initiate a rulemaking to require that the interconnection offered by an LEC pursuant to such Act provide for the portability of telephone numbers. Requires the FCC to revise its order entitled "Filing and Review of Open Network Architecture Plans" to require that: (1) the plans for compliance with such order offer unbundled features and functions; (2) such features and functions are made available on a reasonably uniform basis by all of the CCs subject to such order, and are accessible throughout the service territory of each such carrier; (3) such plans include a schedule for timely offering of new features and functions; and (4) CCs subject to such order not unreasonably discriminate between affiliated and unaffiliated providers of information services in offering tariffed and non-tariffed features, functions, and capabilities. Directs the FCC, at least once every three years, to: (1) conduct a proceeding in which interested parties shall have an opportunity to comment on whether the order, as further revised, and the plans filed pursuant to it, have opened the networks of the carriers subject to such order to reasonable and non-discriminatory access by providers of telecommunications and information services; and (2) revise such order as necessary or appropriate and require the CCs subject to the order to file new plans consistent with such revisions, which shall also be subject to public comment and FCC review prior to their becoming effective. Restricts the release of personally identifiable customer information obtained or collected by an LEC in the course of providing telephone exchange information. Requires: (1) an LEC to prepare and file tariffs in accordance with such Act with respect to the interconnection and network access services required under such Act; (2) the costs that an LEC incurs in providing such services to be borne solely by the users of the features and functions comprising such services; and (3) the FCC to review such tariffs to ensure that the charges for such services are cost-based and the terms and conditions contained in such tariffs do not bundle together any separable elements, features, or functions. Requires: (1) an LEC to submit supporting information with its tariffs for interconnection and network access services that is sufficient to enable the FCC and the public to determine the relationship between the proposed changes and the costs of providing such services; and (2) the submission of such information to be pursuant to rules adopted by the FCC to ensure that similarly situated carriers provide such information in a uniform fashion. Authorizes an LEC to include in its tariffs for interconnection services an element intended to recover the amount necessary to preclude any substantial increases in the rates for telephone exchange service (service) that would otherwise result from the offering of interconnection services, subject to specified requirements. Directs the FCC to adopt and make effective rules governing the calculating of such element. Specifies that any amounts recovered by the LEC through the imposition of this additional element shall be used to defray the costs of providing service. Specifies that the resale of service in conjunction with the furnishing of an interstate telecommunications or any information service shall not be prohibited or subject to unreasonable conditions by the FCC, any State, or any LEC. Requires the FCC to: (1) adopt and make effective rules for the conduct of coordinated network planning by CCs; and (2) initiate an inquiry to examine the effects of competition in the provision of telephone exchange access and service on the availability and rates for service furnished by RECs. Directs the FCC to provide for expedited: (1) review of complaints alleging violations of service, quality, network access, and interconnection rules; and (2) licensing of new technologies or services related to the furnishing of telecommunications or information services determined to be in the public interest. Title II: Provisions Affecting Divested Operating Companies - Authorizes a divested operating company or affiliate (DOC) to provide information services, subject to specified requirements. Bars a DOC from offering electronic publishing services in any State in which it provides service until the FCC, after notice and opportunity for public comment, determines that: (1) at least 50 percent of all businesses and residences within the areas in each State in which such DOC provides service have access to transmission and switching facilities (other than those owned or controlled by a DOC) that are comparable to those offered by the DOC for the delivery of electronic publishing services; (2) at least ten percent of all businesses and residences within the areas in each State in which such DOC provides service subscribe to services delivered over such alternative facilities; and (3) the DOC seeking to provide such services has demonstrated that there is no substantial possibility that the DOC could use its position as an LEC to impede competition in the provision of electronic publishing services or impose additional costs upon service subscribers. Permits a DOC to petition the FCC for a waiver of restrictions on electronic publishing imposed under such Act. Requires such petition to be granted if the DOC can demonstrate by clear and convincing evidence that: (1) electronic publishing service would not exist unless offered by such DOC; and (2) the provision of such DOC would not impose additional costs upon service subscribers. Sets forth additional requirements. Permits a DOC to provide information services after October 1, 1991, only through a subsidiary that is separated from the service operations of the divested company, with exceptions. Provides for a minimum number of outside directors. Specifies that any transaction between a DOC and any other affiliate of such DOC (including the subsidiary): (1) shall not be based upon any preference or discrimination arising out of the affiliation, or have the effect of permitting any violation of the requirements of such Act; and (2) shall be carried out in the same manner as such company or affiliate conducts such business with unaffiliated persons, shall be pursuant to contract or tariff reported to the FCC and made available for public inspection, and shall be fully auditable and reflect all costs associated with the conduct of such business. Bars such subsidiary from: (1) entering into any joint venture or partnership with the DOC; (2) having employees or a financial structure in common with the DOC, except as provided in such Act; (3) owning any property in common with a DOC; or (4) establishing any other subsidiary or affiliate except after notice to the FCC in such form and containing such information as the FCC may require. Requires such subsidiary to: (1) carry out directly its own marketing, sales, accounting, hiring and training of personnel, purchasing, and maintenance; and (2) maintain books, records, and accounts, prepare its own financial statements, and prepare and file with the FCC the annual and periodic reports required of publicly traded companies by the Securities and Exchange Commission. Sets forth additional provisions with respect to: (1) advertising; (2) securities information; (3) outside ownership; (4) transmission capacity; (5) preservation of separate subsidiary requirements for grandfathered functions; (6) provision of services and information to others on the same terms and conditions as provided to the subsidiary; and (7) a cost allocation system requirement to prohibit any cost of providing information services from being subsidized by revenue from service or access services. Requires the FCC to establish cost assignment and allocation regulations, under which joint and common costs shall be allocated to unregulated services under a formula that ensures that the rates for service are no greater than they would have been in the absence of such investment, or based upon the highest forecast unregulated usage of the investment over the life of the investment, whichever method results in the lesser allocation of such costs to service. Directs the FCC, by regulation, to ensure that the economic risks associated with the provision of information services by DOCs are not borne by service customers in the event of a business loss or failure. Prohibits: (1) investments or other expenditures assigned to information services from being reassigned to service or access service; and (2) any DOC affiliate which is providing information services and is required to be, or is, structurally separate from an affiliate engaged in the provision of service from obtaining credit under any arrangement that would permit a creditor, upon default, to have recourse to the assets of the DOC, or would induce a creditor to rely on the tangible or intangible assets of the DOC in extending credit. Requires the FCC to prescribe regulations governing the accounting for the transfer of assets between a DOC and its affiliates which protect the interests of service ratepayers and meet specified requirements. Establishes an annual auditing requirement for each DOC that engages in, or has a financial or management interest in an entity that provides, information services. Sets forth provisions with respect to the conduct of the audit, submission and certification of audit results, and access to documents. Requires the FCC and a State commission, within their respective jurisdictions, to require a DOC to assess any affiliate providing information services a charge for the reasonable value of any intangible assets used in the provision of such services and to credit the amount of such charge to the provision of service. Bars a DOC from providing electronic publishing services, other than those it provided on or before October 1, 1991, in any State in which such DOC provides service, unless and until all entry barriers to the competitive provision of telecommunications services imposed by each State or State commission in which such DOC service have been removed with respect to such DOC. Requires any DOC that offers a gateway service to make such service available concurrently to all of its subscribers at the same rates, terms, and conditions. Sets forth enforcement provisions with respect to persons injured by a violation of requirements under such Act. Directs the FCC to take such actions as necessary to: (1) prevent anticompetitive practices between a DOC and any affiliate of the DOC; (2) protect ratepayers of DOCs from subsidizing the provision of information services by such DOCs; and (3) prevent any DOC from imposing any unjust or unreasonable rates or charges for any CC services provided in connection with the provision of information services. Authorizes appropriations. Title III: Miscellaneous Provisions - Authorizes a State to regulate the rates, terms, or conditions for the offering of information services, subject to specified requirements. Bars a State from imposing regulations upon an LEC with respect to the intrastate provision of information services by such carrier or affiliate if such regulations: (1) are necessary and appropriate to separate the provision of information services from the provision of service by such carrier or affiliate; (2) are intended to protect the privacy rights of service customers; (3) do not affect the rates, terms, or conditions for the provision of such information services or the types of such services offered by such carrier or affiliate; and (4) are not inconsistent with the purposes, or do not significantly impede the enforcement, of this Act or any regulation or order prescribed by the FCC pursuant to this Act. Specifies that: (1) nothing in this Act shall be construed to limit State authority to take actions, consistent with this Act, to ensure the availability of service at reasonable rates in areas served by RECs, to relieve a DOC of any obligations, limitations, or responsibilities imposed by any other provision of such Act, or to create any antitrust immunity to any civil or criminal action under Federal or State antitrust law, or alter or restrict the applicability of any Federal or State law to the actions of a DOC; and (2) a DOC shall remain fully subject to the order entered on August 24, 1982, in United States v. Western Electric Company .
United States · United States Congress · 24 September 1991
Medicare EKG Payment Restoration Act of 1991 - Amends part B (Supplementary Medical Insurance) of title XVIII (Medicare) of the Social Security Act to: (1) reestablish separate payment for the interpretation of electrocardiograms (EKGs) that are ordered or performed during an office visit or consultation with a physician; and (2) require the Secretary of Health and Human Services to establish separate fee schedule amounts for EKG interpretations and to adjust the relative values established for office visits to or consultations with a physician to reflect the establishment of such separate fee schedule amounts. Directs the Secretary to: (1) establish practice guidelines for the use of EKGs for dissemination along with other educational information relating to the use of EKGs to physicians; (2) develop a profile of the use of EKGs by physicians; and (3) conduct a study and report to the Congress on the utilization and costs of EKGs.
United States · United States Congress · 12 September 1991
Extends nondiscriminatory treatment (most-favored-nation treatment) to the products of Estonia, Latvia, and Lithuania. Amends the Harmonized Tariff Schedule of the United States to remove their products from the column two duty rate.
United States · United States Congress · 11 September 1991
Baltic Nations Assistance Act - Considers Lithuania, Latvia, and Estonia to be eligible East European countries for purposes of any program of assistance for Eastern Europe.
United States · United States Congress · 1 August 1991
Comprehensive Occupational Safety and Health Reform Act - Amends the Occupational Safety and Health Act of 1970 (OSHA) with respect to occupational safety and health programs, committees, employee representatives, coverage, standards, enforcement, antidiscrimination, training and education, hazard and illness evaluation, State plans, and victims' rights. Title I: Safety and Health Programs - Amends OSHA to establish requirements for each employer to set up and carry out a written occupational safety and health program that includes methods and procedures for: (1) identifying, evaluating, and documenting hazards; (2) correcting them; (3) investigating work-related illnesses, injuries, and deaths; (4) providing occupational safety and health services, including emergency response and first aid procedures; (5) employee participation in implementing such program, including, where applicable, a safety and health committee; (6) responding to such committee's recommendations; (7) providing safety and health training and education to employees and committee members; (8) designating an employer representative qualified to and responsible for identifying hazards and initiating corrective action; and (9) at a worksite where employees of two or more employers work, protecting employees from hazards under the other employers' control. Authorizes the Secretary of Labor (the Secretary) to modify the application of such requirements to classes of employers where, in light of the risks faced by the employer's employees, such a modification would not reduce their safety and health protection. Directs the Secretary to issue final regulations on the required employer occupational safety and health programs, covering employee training and education as well, including annual refresher courses. Title II: Safety and Health Committees and Employee Safety and Health Representatives - Amends OSHA to require each employer of 11 or more employees to provide for: (1) safety and health committees; and (2) employee safety and health representatives. Requires, in general, such employers to establish such a committee at each worksite, but authorizes the Secretary to modify application of this requirement to: (1) an employer whose employees do not primarily report to or work at a fixed location; (2) covered employers at worksites where less than 11 of their employees are employed; and (3) worksites where employees of more than one employer are employed. Requires committee membership to consist of elected or appointed employee representatives and up to an equal number of employer representatives. Requires the committee to be cochaired by an employer representative and an employee representative. Grants each committee the reasonable right to: (1) review occupational safety and health related employer programs, incidents of death, injury, or illness, complaints of hazards, the employer's work injury and illness records (other than personally identifiable medical information), and other related reports and documents; (2) conduct worksite inspections (and related employee interviews) at least once every three months and in response to complaints; (3) conduct meetings at least once every three months; (4) observe the measurement of employee exposure to toxic materials and harmful physical agents; (5) establish procedures for exercising committee rights; (6) make advisory recommendations for improvements and corrections; and (7) accompany the Secretary's representative during certain physical inspections of the worksite. Requires the employer to permit committee members to take such time from work as is reasonably necessary to exercise committee rights, without any loss of pay or benefits for such time. Directs the Secretary to issue final regulations for the establishment and functioning of such committees. Sets forth procedures for selection of employee representatives by and from nonmanagerial employees. Directs the Secretary to issue regulations on safety and health representatives, including specified numbers and selection procedures. Title III: Coverage - Revises the OSHA definition of employer to include the Federal Government (except certain congressional employees) and State and local governments, thus extending OSHA coverage to public employees. (Includes under such OSHA coverage the executive and judicial branches and the following agencies of the legislative branch: the Botanic Garden, the General Accounting Office, the Government Printing Office, the Library of Congress, the Office of Technology Assessment, the Congressional Budget Office, and the Copyright Royalty Tribunal.) Authorizes the Secretary to cede OSHA jurisdiction to a Federal agency with respect to specified standards or regulations affecting occupational safety and health of some or all employees within that agency's regulatory jurisdiction, if the agency has promulgated and is enforcing standards and regulations so that its employees are being protected at least as effectively as they would be by the Secretary. Declares that nothing in OSHA shall apply to working conditions covered by the Federal Mine Safety and Health Act of 1977. Applies OSHA to employment performed in the Federal nuclear facilities under the control or jurisdiction of the Department of Energy. Extends an employer's duties under OSHA to all employees working at the place of employment (even if they are not the employer's employees). Title IV: Occupational Safety and Health Standards - Revises provisions for OSHA standards. Requires specified timeframes for setting such standards after the Secretary has received: (1) a recommendation of an advisory committee, the Secretary of Health and Human Services (HHS), or the Administrator of the Environmental Protection Agency; or (2) a petition from an interested person setting forth with reasonable particularity the facts claimed to establish that a standard should be promulgated, modified, or revoked. Directs the Secretary, within 90 days after such receipt, to publish a response stating whether the Secretary intends to publish a proposed rule with respect to such standard, or if not, the reasons for the decision not to publish such a rule. Directs the Secretary, if such rule is intended to be published, to do so within 12 months after the receipt of the recommendation or petition. Directs the Secretary to: (1) afford interested persons a period of at least 30 days to submit written data or comments after publication of a proposed rule promulgating, modifying, or revoking an OSHA standard; and (2) issue a final rule within 180 days after the public comment period (or within 180 days after a required public hearing on objections to such rule). Allows any adversely affected person to petition for judicial review, in the U.S. court of appeals for the appropriate circuit, of the Secretary's refusal or failure to issue such rules or standards. Requires that such a petition to appeal the Secretary's determination not to propose a rule with respect to a standard be filed within 60 days after publication of such determination. Requires set-aside of the Secretary's determination if it is found to be arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law. Allows a petition to appeal the Secretary's failure to publish a proposed rule within the required 12-month time frame to be filed at any time after such time period has elapsed. Directs the reviewing court to compel the Secretary to take any such action that is found to have been unlawfully withheld or unreasonably delayed. Provides that the withholding or delaying of action shall not be justified by the Secretary's desire to consult with, or receive approval from any other Federal agency or executive official, except where this is required by applicable law and pursued in timely fashion. Revises the definition of "occupational safety and health standard" to mean a standard which addresses a significant risk to the safety or health of employees by requiring conditions, or the adoption or use of one or more practices, means, methods, operations, or processes that most adequately assure, to the extent feasible, safe and healthful employment and places of employment. Requires each OSHA standard also to prescribe requirements for recording or reporting a work-related illness determined as a result of a medical examination or test conducted under the standard. Directs the Secretary to place in the public record all written comments and communications and a summary of all verbal communications with parties outside the Department of Labor (DOL) (including communications with executive branch officials) regarding promulgation, modification, or revocation of an OSHA standard. Directs the Secretary, in cooperation with the Secretary of HHS and in addition to other OSHA standards, to modify and establish exposure limits for toxic materials and harmful physical agents on a regular basis in a specified manner. Directs the Secretary of HHS, acting through the National Institute for Occupational Safety and Health (NIOSH), to: (1) regularly evaluate available scientific evidence, data, and information to determine if such exposure limits should be modified or be established to protect exposed employees from material impairment of health or functional capacity; and (2) at least every three years, on the basis of such evaluation, develop and transmit to the Secretary recommendations identifying materials and agents for which exposure limits should be modified or established to protect employees from such impairment. Directs the Secretary: (1) within 30 days of receipt of such recommendations, to publish them and provide a 30-day public comment period; (2) within six months of their receipt evaluate them and the public comments and publish a proposed rule for the exposure limits of each material and agent for which the Secretary of HHS has made a recommendation (explaining why any proposed limit is not the same as a recommended limit); (3) within one year of publication of the proposed limits, issue a final standard (explaining why any final limit is not the same as the recommended limit); and (4) establish or modify such limits whenever warranted, in addition to a periodic review. Directs the Secretary, within two years after the effective date of this Act, to promulgate final standards on exposure monitoring and medical surveillance programs, including specified requirements. Directs the Secretary to issue a final standard on ergonomic hazards to protect employees from work-related musculoskeletal disorders, including specified requirements. Sets forth timetables for the Secretary to issue various OSHA final standards. Title V: Enforcement - Revises OSHA enforcement provisions. Provides that time spent by an employee in accompanying the Secretary's representative on an OSHA inspection shall be deemed to be hours worked, with no loss of pay, benefits, or seniority. Requires the Secretary to notify employees or their representative within 30 days after receipt of their request for inspection that there are no reasonable grounds to believe a violation or danger exists. Directs the Secretary also to make a special inspection after determining that there are reasonable grounds to believe that an imminent danger or serious violation exists in a place of employment, upon notification from any other source (as well as upon notification by an employee or employee representative as in current law). Directs the Secretary to establish and carry out a special emphasis inspection program for conducting inspections of industries or operations where existing hazards or newly recognized or new hazards introduced into work sites warrant more intensive than normal inspections. Requires annual designation of the industries and operations for such program and the number of inspections planned and number of enforcement personnel required. Requires that special emphasis inspections be in addition to other programmed and complaint inspections conducted under OSHA before the effective date of this Act. Requires a report on such program in the Secretary's annual OSHA report to the Congress. Requires the Secretary to investigate any work-related death or serious incident (i.e. one resulting in hospitalization of two or more employees). Requires the employer to: (1) notify the Secretary of any death or serious incident occurring in a place of employment covered by OSHA; and (2) prevent the destruction or alteration of evidence that would assist in investigating such death or incident. Requires OSHA citations to state if the Secretary or the Secretary's representative believes that an alleged violation is serious and presents such a substantial risk to the safety or health of employees that initiation of review proceedings should not suspend the running of the period for correction of the violation. Revises the correction period to make it begin to run from the date of receipt of the citation, with specified exceptions. Requires employers to verify the abatement of a serious, willful, or repeated violation in writing to the Secretary within 30 days after the correction period has expired. Requires employers, within ten days after verification of abatement, to prominently post notice of such abatement at or near each place the violation occurred and to make a copy of the verification available to employers and employee representatives. Directs the Secretary to issue regulations implementing such abatement verification and notice requirements. Grants employees the right to contest: (1) citations' designations of the character of the violation or of the OSHA provision, standard, rule, regulation, or order violated (in addition to contesting the abatement period, as in current law); and (2) proposed penalties as inadequate. Grants employee representatives the right to participate in other proceedings (as well as hearings) conducted under specified OSHA enforcement procedures. Requires, if the Secretary intends to withdraw or modify a citation as a result of any agreement with the employer, the Commission's rules of procedure to provide for prompt notice to affected employees or their representatives. Grants employees or their representative, regardless of whether they have previously elected to participate in the proceedings, the right to file a notice alleging that the proposed agreement fails to effectuate the purposes of OSHA within 15 days after receipt of notice of the agreement. Directs the Secretary to consider the matter and, upon determination to proceed with the agreement, respond with particularity to the objections. Grants employees or their representative, within 15 days after the Secretary's response, the right to a hearing upon request to the Commission. Provides that if the Commission determines the proposed agreement fails to effectuate the purposes of OSHA, the proposed agreement shall not be entered as a Commission order and the citation shall not be withdrawn or modified in accordance with the proposed agreement. Revises OSHA provisions for restraining imminent dangers. Directs the Secretary to inform the employer and the affected employees and request that a condition or practice that poses an imminent danger be corrected immediately or that employees be immediately removed from exposure to such danger. Requires such actions if the Secretary determines, on the basis of an inspection or investigation, that a condition or practice in the place of employment is such that an imminent danger to safety or health exists which could reasonably be expected to cause death, serious physical harm, or permanent impairment of health or functional capacity of employees if not corrected immediately. Directs the Secretary to determine whether to post a notice in the workplace if the employer refuses to comply with the Secretary's request. Requires that such notice identify the source of the imminent danger. Grants employees the right to refuse to perform a duty that has been identified as the source of an imminent danger by such a notice, and prohibits discrimination against them for such refusal. Subjects an employer to a civil penalty of from $10,000 to $50,000 for each day during which an employee continues to be exposed if the employer does not immediately correct the hazard referred to in the posted notice or remove all employees from exposure to it, unless the Commission determines that the condition or practice is not covered by such imminent danger provisions. Revises OSHA criminal penalties to increase the maximum amount of fines and the length of prison terms for specified violations, including those for a willful violation causing death, an improper advance notice of an inspection, or a false statement. Establishes criminal penalties for a willful violation that causes serious bodily injury. Prohibits a penalty or fine which is imposed on a director, officer, or agent of an employer from being paid out of the employer's assets on behalf of that individual. Provides that nothing in OSHA shall preclude State and local law enforcement agencies from conducting criminal prosecutions in accordance with State or local laws. Title VI: Protection of Employees from Discrimination - Revises OSHA antidiscrimination provisions to extend coverage to an employee's: (1) reporting any injury, illness, or unsafe condition to the employer, employer's agent, safety and health committee, or employee safety and health representative; and (2) refusing to perform duties when reasonably apprehensive that doing so would result in serious injury to himself/herself or other employees, after having sought and been unable to obtain from the employer corrections of the circumstances causing such refusal. Revises procedures for consideration of complaints of discrimination. Increases the period for filing such complaints from 30 to 180 days after the alleged discrimination. Requires the Secretary, within 60 days after receipt of the complaint, to investigate and notify the complainant and the alleged violator of the findings. Requires such findings to be accompanied by a preliminary order providing relief, if the Secretary has concluded that there is reasonable cause to believe a violation has occurred. Allows the alleged violator or the complainant to file, within 30 days, objections to the findings and/or the preliminary order, and to request a hearing on the record. Provides that such filing of objections shall not operate to stay any reinstatement remedy in the preliminary order. Requires such hearings to be conducted expeditiously. Deems the preliminary order a final order not subject to judicial review if a hearing is not timely requested. Directs the Secretary to issue a final order within 120 days after the conclusion of such hearing. Allows such proceedings to be terminated at any time in the interim on the basis of a settlement agreement by the Secretary, the complainant, and the alleged violator. Requires the Secretary, upon determination that a violation of antidiscrimination provisions has occurred, to order: (1) correction of the violation; (2) reinstatement to the former position with all compensation (including back pay), terms, conditions, and privileges of such employment; and (3) compensatory damages. Authorizes the Secretary, upon request of the complainant, to assess against the person against whom such order is issued all costs and expenses (including attorney's fees) incurred by the complainant in connection with bringing the complaint. Allows adversely affected or aggrieved persons to petition within 60 days to obtain review of such orders in the U.S. Court of Appeals for the appropriate circuit. Directs the Secretary to file a civil action in the appropriate U.S. district court to enforce such orders against persons who fail to comply. Authorizes such court to grant appropriate relief. Provides that the legal burdens of proof that prevail under the Whistleblower Protection Act of 1989 shall govern adjudication of protected activities under OSHA antidiscrimination provisions. Title VII: OSHA and NIOSH Training and Education - Revises OSHA provisions for training and education. Includes education programs for employees and members of safety and health committees, as appropriate, among those programs which the Secretary of HHS is to conduct through NIOSH. Requires the Secretary (of Labor) to develop training materials, model curricula, and programs to assist employers in: (1) providing the training and education required under the new provisions for employer occupational safety and health programs; and (2) complying with OSHA standards. Title VIII: Recordkeeping and Reporting - Revises OSHA provisions relating to statistics to require the Secretary to collect information and conduct analyses that identify: (1) industries, employers, processes, operations, and occupations that have a high rate of injury or illness; (2) factors that cause or contribute to injuries and illnesses; and (3) workers' compensation costs associated with the injuries and illnesses. Requires such data to be publicly available in a form suitable for further statistical analysis, and to be used in setting safety and health standards, targeting inspections of individual establishments, and evaluating standard setting and enforcement programs. Directs the Secretary to require each employer covered by OSHA to report: (1) each work-related death of an employee immediately upon knowledge; and (2) each serious incident resulting in hospitalization of two or more employees within 24 hours of the incident. Revises OSHA requirements for employer records and reports to include (in addition to work-related deaths, injuries, and illnesses) suspected work-related illnesses, including a work-related illness reported by an employee or an employee's physician, unless the employer makes a reasonable determination that the illness is not work-related. Provides that all such employer records and reports shall be made available to the Secretary, the Secretary of HHS, employees, and employee representatives. Title IX: NIOSH - Revises OSHA provisions relating to duties of the Secretary of HHS acting through NIOSH. Includes under hazard evaluation reports an evaluation of whether any hazardous condition or harmful physical agent found in the place of employment poses a risk to exposed employees. Directs the Secretary of HHS, if a final determination of hazard is not made within six months of a request, to provide to the employer and employees an interim report on the known or suspected hazards, a recommendation for control, and an estimate of the time in which a final determination will be made. Directs the Secretary of HHS to identify major factors contributing to occupational injuries and deaths through accident investigations and epidemiological research. Directs the Secretary of HHS to carry out a program to identify and notify employees at increased risk of occupational illnesses, injuries, and deaths, including public information and education programs, and recommendations for appropriate medical surveillance. Requires notification, if they are found to be at increased risk, of subjects of studies funded or conducted by the Secretary of HHS under such program. Specifies that the authority of the Secretary of HHS, and of NIOSH, to inspect records extends to the Secretary's designees and contractors. Directs the Secretary of HHS, through NIOSH (and in cooperation with other HHS agencies and the Secretary of Labor), to establish a national surveillance program to identify cases of occupational illnesses, deaths, and serious injuries. Requires coordination with State health agencies and Federal and State workers' compensation agencies under such program. Directs the Secretary of HHS to collect data each year on the number and characteristics of all occupational deaths and selected occupational illnesses and injuries. Requires, in making such selections, consideration of known frequency and severity of the disorder and of the size of the population at risk. Directs the Secretary of HHS to report on and analyze the occupational deaths, illnesses, and injuries collected under such program, and transmit such information to the Secretary of Labor, State health agencies, employers, employees, and other interested parties. Authorizes the Secretary of HHS to require an employer, through a physician or health professional employed by or under contract to the employer, to report information on occupational deaths, illnesses, and injuries. Establishes NIOSH as a separate agency within the U.S. Public Health Service in the Department of HHS. Title X: State Plans - Revises OSHA requirements for State plans to provide for: (1) development of safety and health programs and safety and health committees and training programs that are at least as effective as those under the new OSHA requirements; and (2) reporting requirements, protection of employee rights, and access to information that are at least as effective as those under OSHA or other Federal laws governing access to information related to OSHA. Requires a State to enforce a Federal OSHA standard until a State standard at least as effective is in effect, if a State fails to adopt or promulgate such a standard within six months after the Federal standard is promulgated. Requires the Secretary (of Labor) to: (1) promptly investigate complaints against a State plan if there are reasonable grounds to believe a deficiency exists; (2) investigate complaints alleging a deficiency in a State enforcement action within 30 days of receipt; and (3) within 30 days of completion of the investigation, transmit findings and recommendations for correction to the State and complainant (or notify the complainant if there are no reasonable grounds to believe a deficiency exists). Requires a State to respond as to what action it has taken on the Secretary's findings and recommendations within 30 days of their receipt. Directs the Secretary to issue a citation with reasonable promptness if, after receipt of the State's response, the Secretary believes a serious violation of OSHA exists for which the State has failed to issue a citation. Requires the Secretary, upon determination that there are reasonable grounds to conclude there is a failure to comply substantially with any provision or assurance of the State plan, to: (1) notify the State and allow six months for correction of deficiencies; (2) institute proceedings for withdrawal of approval of the State plan, if the State has not corrected the deficiencies within six months (unless there are exceptional circumstances); and (3) during the pendency of such proceedings, exercise concurrent jurisdiction with the State over the safety and health issues that are subject to the State plan. Requires States which are operating State safety and health plans to modify them to conform to this Act. Title XI: Victim's Rights - Sets forth provisions for victims' rights under OSHA. Defines a victim as: (1) an employee who has sustained a work-related injury or illness which is the subject of an OSHA inspection or investigation; or (2) the family member of an employee who either is killed or cannot reasonably exercise victim's rights as a result of such an injury or illness. Grants victims the right, on request, to: (1) meet with the Secretary or a representative respecting the inspection or investigation before the Secretary's decision to issue a citation or to take no action; (2) receive a free copy of any citation or report issued as a result of the inspection or investigation; (3) be informed of any notice of contest filed; (4) be provided an explanation of the rights of employees and employee representatives to participate in OSHA enforcement proceedings; and (5) be provided an opportunity to appear and make a statement before the parties conducting any settlement negotiations, before the Secretary agrees to withdraw or modify the citation. Provides that a victim shall have the same rights as an employee under OSHA enforcement procedures. Entitles a victim, if such victims' rights are violated, to declaratory relief, injunctive relief, recovery of costs of securing specified documents, and reasonable attorney's fees and costs. Directs the Secretary to take reasonable actions to inform victims of these rights. Title XII: Worker's Compensation Study - Establishes the Federal Worker's Compensation Commission. Directs the Commission to study worker's compensation laws and system with respect to: (1) the recommendations of the National Commission on State Workmen's Compensation Laws; (2) the feasibility of using workers' compensation data to target loss prevention activities on high risk occupations; (3) the laws' adequacy in providing for needs of injured workers, occupational illnesses and diseases, quality control and medical and rehabilitation costs with cost control, and time for recuperation and counseling before return to full-time work; (4) the administrative system's adequacy and the appropriateness of such laws as the exclusive remedy; (5) the relationship between workers' compensation, safety and health programs, and insurance rates and services; (6) the feasibility and appropriateness of transferring the branch of the Department of Labor involved in workers' compensation studies from the Employment Standards Administration to the Occupational Safety and Health Administration; and (7) the feasibility of preempting State workers' compensation laws with a national program. Requires such Commission to report the results of such study to the President and the Congress. Title XIII: Effective Date - Sets forth the effective date of this Act.
United States · United States Congress · 1 August 1991
Monetary Policy Reform Act of 1991 - Amends the Federal Reserve Act to establish the Federal Open Market Advisory Committee to advise the Board of Governors of the Federal Reserve System on the conduct of open-market operations.
![Official portrait of Rep. Visclosky, Peter J. [D-IN-1]](https://www.congress.gov/img/member/v000108_200.jpg)