United States · United States Congress · 18 February 1993
Undercharge Equity Act of 1992 - Amends Federal transportation law to authorize persons against whom a claim is made by a motor carrier of property (other than a household goods carrier) or by a nonhousehold goods freight forwarder for the collection of rates or charges in addition to the rates or charges originally collected by such carrier or freight forwarder to elect to satisfy such claim pursuant to a specified formula upon showing that: (1) the carrier or forwarder is no longer transporting property or is transporting property for the purpose of avoiding application of this Act; and (2) with respect to such claim, the person was offered a rate or charge other than the one legally on file with the Interstate Commerce Commission (ICC), the person tendered freight to the carrier or forwarder in reasonable reliance upon the offered transportation rate or charge, the carrier or forwarder did not properly or timely file with the ICC a tariff providing for such rate or charge or failed to execute a valid contract for transportation services, such rate or charge was collected by the carrier or forwarder, and the carrier or forwarder demands additional payment of a higher rate or charge filed in a tariff. Requires disputes regarding the aforementioned to be resolved by the court in which such claim is filed or by the ICC. Authorizes persons against whom the additional rate or charge for shipments is being sought to elect to satisfy by paying a certain formulated amount. Shortens the statute of limitations for the filing of claims: (1) by a motor common carrier for recovery of transportation or service charges; and (2) by a person to recover overcharges by a motor carrier. Permits motor carriers and shippers to resolve by mutual consent, subject to ICC review and approval, any overcharge and undercharge claims resulting from billing errors or incorrect tariff provisions arising from the inadvertent failure to properly and timely file and maintain agreed upon rates, rules, or classifications.
United States · United States Congress · 17 February 1993
Small Business Loan Securitization and Secondary Market Enhancement Act of 1993 - Amends the Securities Exchange Act of 1934 to define a "small business related security" (SBRS) as generally a high rated security that represents and is secured by promissory notes evidencing and that provides for payments of principal in relation to payments on the notes. Provides that SBRSs shall be exempt from: (1) certain restrictions in the margin and securities delivery rules; (2) certain restrictions on borrowing on securities by and lending among, brokers, dealers, and other members of national securities exchanges; and (3) certain prohibitions on the extension of credit by members of exchanges, brokers, and dealers against a security which was part of a new issue. Amends the Home Owners' Loan Act, the Federal Credit Union Act, and related statutes to allow banks, credit unions, and other depository institutions to invest in SBRSs. Amends the Secondary Mortgage Market Enhancement Act of 1984 to: (1) authorize any U.S. person or entity to invest in SBRS, to the same extent such person is authorized to invest in U.S. obligations issued; and (2) exempt SBRSs from any State law's security registration and qualification to the same extent that U.S. securities are so exempt. Provides for States to enact provisions prescribing specific requirement for SBRSs. Requires the accounting principles applicable to the transfer of a small business loan with recourse contained in reports or statements required by appropriate Federal banking agencies to be uniform and consistent with generally accepted accounting principles. Prohibits the amount of capital required to be maintained by a depository institution with respect to the sale of a small business loan with recourse from exceeding an amount sufficient to meet the institution's reasonable estimated liability under the recourse arrangement. Requires an SBRS to be treated as a mortgage-backed security under the risk-based capital requirements applicable to insured depository institutions. Directs the Secretary of Labor to exclude transactions involving SBRSs from certain restrictions and taxes imposed on "prohibited transactions" under the Employee Retirement Income Security Act (ERISA) and the Internal Revenue Code (thereby allowing pension fund managers to participate in the pooling and packaging of small business loans for sale as securities). Requires the Secretary of the Treasury to promulgate regulations providing for the taxation of a small business loan investment conduit and the holder of an interest therein in a manner similar to the taxation of a real estate mortgage investment conduit and the holder of an interest therein under the Internal Revenue Code.
United States · United States Congress · 4 February 1993
Amends the Federal Food, Drug, and Cosmetic Act to allow, on order of a veterinarian: (1) a new animal drug approved for one use to be used for a different purpose; and (2) a new drug approved for human use to be used in non-food producing animals.
United States · United States Congress · 4 February 1993
Emerging Telecommunications Technologies Act of 1993 - Directs the Assistant Secretary of Commerce for Communications and Information and the Chairman of the Federal Communications Commission (FCC) to conduct joint spectrum planning meetings. Directs the Secretary of Commerce to: (1) identify bands of frequencies that may be reallocated to commercial users; and (2) establish a related advisory committee. Directs the FCC to submit to the President and the Congress a plan for the distribution of the reallocated bands of frequencies under this Act. Authorizes the President to reclaim reallocated bands of frequencies for reassignment to Government stations.
United States · United States Congress · 4 February 1993
Campaign Advertising and Disclosure Act of 1993 - Amends the Communications Act of 1934 to: (1) reduce the period during which broadcast media rates for candidates may not exceed the lowest unit charge for the same time class and amount of time; (2) limit the cost to qualified candidates of broadcasting time for pre-election political advertising to the lowest rate charged for any time in the same period; and (3) prohibit any broadcast licensee from preempting the use of any such time purchased by a qualified candidate. Amends the Federal Election Campaign Act of 1971 to mandate certain aural and visual political advertising requirements which unambiguously identify the candidate in the broadcast media.
United States · United States Congress · 4 February 1993
Clean Campaign Act of 1993 - Amends the Communications Act of 1934 to require that, if any legally qualified candidate for any Federal elective office uses a broadcast station to refer to another legally qualified candidate, such reference shall be made in person. Requires any licensee that permits a broadcasting station to be used in a manner not in accordance with such requirement to provide to the candidate to whom the reference was made the opportunity to use, without charge, an equal amount of time. Requires any licensee that permits a person to use a broadcasting station to endorse or oppose a candidate for any Federal elective office to provide equal time to the opposing candidate. Makes this Act equally applicable in the case of an authorized committee speaking on behalf of or against a legally qualified candidate.
United States · United States Congress · 4 February 1993
TABLE OF CONTENTS: Title I: Modification of Passive Loss Rules Title II: Provisions Relating to Real Estate Investments by Pension Funds Title III: Discharge of Indebtedness Real Estate Stability and Recovery Amendments of 1993 - Title I: Modification of Passive Loss Rules - Amends the Internal Revenue Code to exclude certain rental real estate development activities from treatment as a passive activity for purposes of determining passive activity losses and credits. Title II: Provisions Relating to Real Estate Investments by Pension Funds - Modifies exceptions to the exclusion of real property acquired by a qualified organization from the meaning of acquisition indebtedness. Makes certain exceptions inapplicable to sales out of foreclosure by a financial institution. Applies the meaning of acquisition indebtedness to investments in certain large partnerships where the principal purpose of partnership allocation is not tax avoidance. Repeals the special rule for publicly traded partnerships with respect to the treatment of unrelated business taxable income. Permits a tax-exempt title-holding company to receive unrelated business taxable income of up to ten percent of its gross income, if the income is incidentally derived from the holding of real property. Excludes from unrelated business taxable income: (1) gains from the sale, exchange, or other disposition of real property acquired from financial institutions that are in conservatorship or receivership; (2) amounts received or accrued as consideration for entering into agreements to make loans; and (3) all gains on the lapse or termination of options, written by an organization in connection with its investment activities, to buy or sell real property. Provides for the tax treatment of pension fund investments in real estate investment trusts. Title III: Discharge of Indebtedness - Excludes from gross income income from the discharge of qualified real property business indebtedness. Applies the excluded amount to reduce the basis of the depreciable real property. Limits such amount to the amount of outstanding indebtedness over the fair market value of the property, reduced by any other qualified real estate business indebtedness. Excludes qualified farm indebtedness from the definition of "qualified real property business indebtedness."
United States · United States Congress · 4 February 1993
Amends the Internal Revenue Code to permanently extend the period during which qualified mortgage bonds and mortgage credit certificates may be issued.
United States · United States Congress · 4 February 1993
Fairness in Broadcasting Act of 1993 - Expresses the findings of the Congress that the Fairness Doctrine: (1) fairly reflects the statutory obligations of broadcasters; (2) received statutory approval from the Congress in 1959; and (3) reasonably balances first amendment rights. Amends the Communications Act of 1934 to require broadcast licensees to provide a reasonable opportunity for the discussion of conflicting views on issues of public importance. Requires enforcement and application of such requirement to be consistent with the rules and policies of the Federal Communications Commission in effect on January 1, 1987.
United States · United States Congress · 4 February 1993
TABLE OF CONTENTS: Title I: Immediate Reforms Subtitle A: Small Employer Health Insurance Market Reform Subtitle B: Community Health Services Expansion Subtitle C: Expansion of Tax Incentives for Self- Employed Individuals Subtitle D: Expanding the Supply of Health Professionals in Rural Areas Subtitle E: Malpractice Reform Subtitle F: Joint Ventures Title II: Long-Term Reforms Subtitle A: Establishment of Commission and Advisory Board Subtitle B: Reform and Standardization of Private Insurance Subtitle C: Low-Income Assistance Subtitle D: Congressional Consideration of Commission Recommendation Subtitle E: Enforcement Provisions Subtitle F: Financial Provisions Subtitle G: Definitions BasiCare Health Access and Cost Control Act - Title I: Immediate Reforms - Subtitle A: Small Employer Health Insurance Market Reform - (Sec. 101) Regulates small employer (fewer than 51 employees) accident and health insurance regarding: (1) price; (2) sales practices; (3) issuance; (4) core benefits (requiring the same benefits as title XVIII (Medicare) of the Social Security Act); (5) deductibles, out-of-pocket expenses, and copayments; and (6) children's preventive benefits. Preempts State and local laws. Regulates eligibility, exclusion of preexisting conditions, renewability, waiting periods, and rating requirements. Allows application of State standards instead of these requirements, provided core benefits and sales practices requirements are met. (Sec. 106) Amends the Internal Revenue Code (IRC) to prohibit deductions for the tax imposed by this Act on insurers offering plans that do not qualify as BasiCare plans. Subtitle B: Community Health Services Expansion - (Sec. 111) Amends the Public Health Service Act (PHSA) to establish a program of allotments to States for grants for community-based primary health services to low-income or medically underserved populations regarding infant mortality and referrals for the health management of infants and pregnant women. Earmarks for the allotments specified percentages of appropriations under certain provisions added by this Act. (Sec. 112) Mandates grants to federally qualified health centers (FQHCs) and other entities for providing access to services for medically underserved populations or in high impact areas not currently being served by a FQHC. Authorizes appropriations. Subtitle C: Expansion of Tax Incentives for Self-Employed Individuals - (Sec. 121) Amends the IRC to increase the portion of health insurance costs self-employed individuals may deduct. Removes provisions ending the deduction on a specified date. Subtitle D: Expanding the Supply of Health Professionals in Rural Areas - (Sec. 131) Amends the PHSA to authorize appropriations to carry out provisions relating to the National Health Service Corps scholarship and loan repayment program. Earmarks certain portions to carry out provisions of this Act relating to FQHCs. (Sec. 132) Amends the IRC to allow a credit for service by a physician, physician assistant, or nurse practitioner who: (1) provides primary health services to individuals in a rural health professional shortage area; and (2) is not receiving a National Health Service Corps scholarship or loan repayment and not fulfilling service obligations under such programs. Excludes National Health Service Corps loan repayments from gross income. Allows, with regard to elections to expense depreciable business assets, a higher aggregate cost to be taken into account for rural health care property in a rural health professional shortage area. Allows a deduction for a limited amount of the interest paid on medical education loans by an individual performing services under an agreement with a rural community to perform professional services in the community. Authorizes use of the deduction in computing adjusted gross income. Subtitle E: Malpractice Reform - (Sec. 142) Declares that these provisions apply to any health care liability action brought in any Federal or State court. (Sec. 143) Limits the dollar amount of: (1) recovery by an individual and the individual's family members in a health care liability action, regardless of the number of providers or the number of actions; and (2) single payments which may be required. Requires collateral source offset. Limits punitive damages. Regulates attorney's fees and joint and several liability. Sets forth time limits on initiation of actions. Preempts State laws in certain circumstances. (Sec. 148) Mandates grants to States for the development and implementation of alternative dispute resolution systems (ADRs). (Sec. 149) Requires the Commission to advise the Secretary on ADR eligibility, approval, and review requirements, providing for the establishment of a panel of advisors. (Sec. 150) Authorizes appropriations for the ADR grants. (Sec.151) Mandates grants for demonstration private sector no-fault compensation programs, using the same panel of advisors. Authorizes appropriations. Subtitle F: Joint Ventures - (Sec. 161) Amends provisions of the National Cooperative Research Act of 1984 allowing, notwithstanding antitrust laws, certain cooperative research agreements to add references to joint health care provider ventures, defined as a group of activities by two or more hospitals for the provision or delivery of health care services. Title II: Long-Term Reforms - Subtitle A: Establishment of Commission and Advisory Board - (Sec. 201) Establishes the Commission on National Health Care Access and Reform and the National Advisory Board. Authorizes appropriations. Subtitle B: Reform and Standardization of Private Insurance - (Sec. 212) Requires the Commission to submit to the Congress a legislative proposal with specified elements, including: (1) a uniform national health benefits package (BasiCare); (2) a national health care insurance reform plan applicable to all carriers of health insurance in the United States; (3) self-insured plan requirements; and (4) a program to assist low-income individuals in the transfer from coverage under title XIX (Medicaid) of the Social Security Act to BasiCare coverage and financial assistance in obtaining BasiCare coverage. (Sec. 213) Sets forth the Commission's continuing duties, including: (1) submission of a legislative proposal annually for the next two years if the Congress does not approve the Commission's recommendation; (2) annual review and revision, subject to congressional recision, of benefits and premiums; (3) oversight of provider participation and billing; (4) oversight of the supplemental health insurance market; and (5) submission of plans for the long-term disposition of Medicaid benefits not covered or subsumed by BasiCare and assimilation of Medicare (title XVIII of the Social Security Act), the veterans health care program, the Civilian Health and Medical Program of the Uniformed Services (CHAMPUS), the Indian health service program, and the Federal employees' health benefits program into the BasiCare system. (Sec. 214) Includes in BasiCare coverage basic hospitalization, basic outpatient services, protection against catastrophic out-of-pocket costs, coverage against extraordinary long-term care costs, and coverage for preventive care. (Sec. 215) Requires each carrier to offer BasiCare. Preempts inconsistent State and local laws. Prohibits duplication of BasiCare benefits. Prohibits discrimination based on health status, including preexisting conditions. Requires guaranteed issue, a minimum plan period, guaranteed renewability, and community-wide ratings. Applies these standards to reinsurance policies. Mandates guidelines for a risk adjustment structure. Regulates premiums. (Sec. 217) Prohibits employment-related BasiCare plans from imposing waiting periods. Requires: (1) such plans to apply equally to employees of all income levels; and (2) total contributions for an employer for low-income employees to equal or exceed the total for other employees. (Sec. 219) Regulates self-insured plans. (Sec. 220) Requires providers, as a BasiCare participation condition, to accept any BasiCare payment as full payment. (Sec. 221) Mandates development of recommended managed care plan standards regarding benefits, coverage, and delivery systems. Establishes the Managed Care Advisory Committee. Preempts certain laws regarding managed care plans. Subtitle C: Low-Income Assistance - (Sec. 231) Requires the Commission to provide for the termination of Medicaid program coverage duplicating BasiCare. Terminates, after five years, any remaining Medicaid benefits. Mandates financial assistance, through a voucher system, to low-income individuals for BasiCare premiums, deductibles, and other cost-sharing. Subtitle D: Congressional Consideration of Commission Recommendation - (Sec. 241) Declares that these provisions are enacted as an exercise of the rulemaking power of the House of Representatives and the Senate with recognition of the right of either House to change the rules as any other rule of that House. Provides for the introduction and consideration of a joint resolution approving of the Commission's legislative proposal under subtitle B of this title. Subtitle E: Enforcement Provisions - (Sec. 251) Amends the Internal Revenue Code to remove provisions relating to a tax on any employer or employee organization that contributes to a group health plan or large group health plan that does not comply with certain Medicare provisions. Imposes a tax on: (1) insurers offering plans that do not qualify as BasiCare plans; (2) the failure of any service provider under a BasiCare plan to comply with specified provisions of this Act; and (3) the failure of any person to comply with provisions of this Act relating to employer responsibilities and self-insured plan requirements. (Sec. 252) Disallows personal exemptions unless the individual's BasiCare policy number is included in the individual's tax return. Subtitle F: Financial Provisions - (Sec. 261) Creates the BasiCare Trust Fund and transfers to the Fund: (1) a specified percentage of wages and self-employment income; (2) all of the taxes imposed by this Act; (3) additional revenues resulting from this Act; (4) the State's Medicaid share; and (5) all unobligated amounts in the Federal Hospital Insurance Trust Fund and the Federal Supplementary Medical Insurance Trust Fund. Appropriates to the Fund: (1) the Federal Medicaid share; and (2) amounts equal to appropriations for the veterans health care program, CHAMPUS, the Indian health service program, and the Federal employees' health benefits program. Authorizes appropriations for additional sums as required to make expenditures under specified provisions of this Act. Amends title II (Old-Age, Survivors, and Disability Insurance) of the Social Security Act to exclude amounts under certain provisions of this Act from appropriation to the Federal Old-Age and Survivors Insurance Trust Fund. (Sec. 262) Amends the Internal Revenue Code to: (1) exclude from gross income employer-provided coverage under a BasiCare plan (currently, under an accident or health plan); (2) prohibit deductions for employer expenses for a group health plan unless the plan qualifies as a BasiCare plan; (3) include amounts paid for a BasiCare plan (currently, for insurance) in the definition of "medical care" for provisions relating to medical and dental expenses; and (4) allow a deduction, without regard to adjusted gross income, for BasiCare premiums. Subtitle G: Definitions - (Sec. 272) Defines various terms as used in this Act.
United States · United States Congress · 4 February 1993
Declares that the Congress opposes any attempt to lower the estate tax exemption or raise the effective rate of taxes on estates, or impose additional taxes on estates such as a capital gains tax at death, because such measures contradict the fundamental goal of the United States Government of encuraging long-term private saving through which productive investment that promotes economic growth can be realized.
United States · United States Congress · 3 February 1993
Amends the Internal Revenue Code with respect to the corporate income tax exclusion of contributions to the capital of the taxpayer. Includes as a qualifying contribution any amount of money or property received by a regulated public utility which provides water or sewage disposal services that: (1) is a contribution in aid of construction; (2) meets certain expenditure requirements; and (3) is not included in the taxpayer's rate base. Excludes amounts paid as service charges for starting or stopping services. Determines the depreciation deduction for such property by using the straight line method and provides for a 25-year recovery period.
United States · United States Congress · 3 February 1993
Constitutional Amendment - Declares that equality of rights under the law shall not be denied or abridged by the United States or any State on account of sex.
United States · United States Congress · 2 February 1993
Trade Agreement Compliance Act of 1993 - Amends the Trade Act of 1974 to require the United States Trade Representative (USTR), at the request of an interested person, to determine whether a foreign country is complying with any agreement it has with the United States. Requires the USTR to take specified action under the Act if he or she determines that such country is in material noncompliance with any agreement. Requires the amendments made by this Act to be consistent with U.S. international obligations, including the General Agreement on Tariffs and Trade.
United States · United States Congress · 2 February 1993
Amends the Trade Act of 1974 to change the period for the U.S. Trade Representative to identify trade liberalization priorities to no later than September 30 of each of the calendar years 1994 through 1997. Sets forth the procedure for a congressional committee to file a petition with the Trade Representative to investigate barriers and market distorting practices of a foreign country.
United States · United States Congress · 2 February 1993
Amends the Internal Revenue Code to allow a tax credit for interest paid or incurred on any qualified education loan during the first 48 months (whether or not consecutive) for which interest payments are required to be made. Limits such credit to $300. Allows such tax credit to parents only if the dependent is a student and a personal exemption is claimed for such dependent student. Excludes interest paid on education loans from the definition of "personal interest" (thus, allowing a deduction to be taken) unless a credit or deduction with respect to such interest is taken.
United States · United States Congress · 27 January 1993
Children's Bicycle Helmet Safety Act of 1993 - Authorizes the Administrator of the National Highway Traffic Safety Administration to make grants to States, political subdivisions, and nonprofit organizations for programs that require or encourage individuals under age 16 to wear approved bicycle helmets. Specifies that such grants may be used to: (1) enforce a law that requires such individuals to wear approved bicycle helmets; (2) assist such individuals to acquire such helmets; and (3) develop and adminster a program to educate such individuals and their families on the importance of wearing such helmets. Sets interim standards for bicycle helmets and provides that a helmet that does not conform shall be considered in violation of a consumer product safety standard promulgated under the Consumer Product Safety Act (CPSA). Directs the Consumer Product Safety Commission to begin a proceeding to review the requirements of the interim standards and establish a final standard that includes provisions to protect against the risk of helmets coming off the heads of bicycle riders and to address the risk of injury to children. Specifies that the final standard shall be considered a consumer product safety standard under the CPSA. Authorizes appropriations.
United States · United States Congress · 26 January 1993
National Park Service Concessions Policy Reform Act of 1993 - Repeals the Concessions Policy Act of 1965. Provides that such repeal shall not affect the validity of any contract entered into under such Act. Applies the provisions of this Act to such contract to the extent such provisions are inconsistent with the express terms and conditions of it. Directs the Secretary of the Interior to authorize, under specified conditions, private persons, corporations, or other entities to provide and operate such facilities and services in the National Park System. Requires a concessions contract to be awarded only through competitive bid procedures. Allows waiver of such procedures and award of a temporary contract to avoid interruption of services. Prohibits the Secretary from granting a preferential right to a concessioner to: (1) renew concessions contracts under this Act, with exceptions or; (2) provide new or additional services at a park. Sets forth a formula for determining franchise fees. Establishes a maximum: (1) ten-year duration for a concessions contract; and (2) two-year duration for a temporary one. Requires the approval of the Secretary before a concessions contract can be transferred, assigned, sold, or conveyed. Protects certain possessory interest of concessioners who have commenced acquisition or construction of any structure on Federal land within a park before the enactment of this Act. Requires all concessions contracts to make concessioners responsible for utility costs. Amends Federal law that authorizes the Secretary to provide utility services to concessioners on a reimbursement of appropriation basis. Places limitations on a concessioner's rates and charges to the public. Exempts contracts awarded by the Secretary under this Act from certain provisions of Federal law with respect to leasing of U.S. buildings and properties. Amends the Historical Sites, Buildings and Antiquities Act to repeal provisions authorizing the Secretary to grant concessioner contracts, leases, or permits without advertising and securing competitive bids.
United States · United States Congress · 26 January 1993
World University Games Commemorative Coin Act of 1993 - Authorizes the minting and issuance of five-dollar gold coins and one-dollar silver coins to commemorate American participation in the World University Games. Requires that all surcharges from the sale of such coins be paid to the Greater Buffalo Athletic Corporation to support amateur athletic programs, erect facilities for the use of such athletes, and to underwrite the cost of sponsoring the World University Games.
United States · United States Congress · 21 January 1993
Jefferson Commemorative Coin Act of 1993 - Directs the Secretary of the Treasury to issue one-dollar silver coins emblematic of Thomas Jefferson and his home, Monticello. Mandates that all surcharges received from the sale of such coins be paid to the Jefferson Endowment Fund and to the Corporation for Jefferson's Poplar Forest. Expresses the sense of the Congress that the coin program shall be self-sustaining and that its administration should result in no net cost to the Numismatic Public Enterprise Fund.
United States · United States Congress · 21 January 1993
Authorizes the Alpha Phi Alpha Fraternity to establish a memorial to Martin Luther King, Jr., in the District of Columbia and its environs. Prohibits the United States from paying any expense of establishing the memorial.
United States · United States Congress · 21 January 1993
Authorizes the President, on behalf of the Congress, to present a gold medal to Mrs. Lorraine Gillespie, in memory of her late husband John Birks "Dizzy" Gillespie in recognition of his accomplishments as a musician. Authorizes appropriations. Authorizes the Secretary of the Treasury to provide for the sale of bronze duplicates of the medal.
United States · United States Congress · 21 January 1993
Medicare Amendments of 1993 - Amends title XVIII (Medicare) of the Social Security Act with respect to: (1) essential access community hospitals; (2) Medicare-dependent, small rural hospitals; (3) payments for electrocardiogram interpretation and new physicians and practitioners; (4) prohibitions on carrier forum shopping; and (5) the treatment of nebulizers and aspirators. Amends the Omnibus Budget Reconciliation Act (OBRA) of 1987 to reauthorize and extend the rural transition grant program. Amends OBRAs of 1990 and 1994 to, respectively, provide for an extension of rural hospital demonstration projects and regional referral centers.
United States · United States Congress · 21 January 1993
TABLE OF CONTENTS Title I: Investment Incentives Title II: Accounting Provisions Small Business Investment Act of 1993 - Title I: Investment Incentives - Amends the Internal Revenue Code to increase the dollar limitation on the election to expense certain depreciable business assets. Allows the expensing of certain start-up costs of small businesses. Allows certain adjustments and preferences to not be taken into account in computing the alternative minimum tax for qualified small business activities. Increases the allowable number of shareholders for small business corporations. Title II: Accounting Provisions - Allows an eligible small business to elect to use the inflation-adjusted first-in, first-out inventory method of valuing its inventories. Exempts certain small businesses from the uniform capitalization rules and the special rules for long-term contracts.
United States · United States Congress · 21 January 1993
TABLE OF CONTENTS: Title I: Improvements in Customs Enforcement Title II: National Customs Automation Program Title III: Miscellaneous Amendments to the Tariff Act of 1930 Title IV: Miscellaneous Provisions and Consequential and Conforming Amendments to Other Laws Customs Modernization and Informed Compliance Act - Title I: Improvements in Customs Enforcement - Amends the Tariff Act of 1930 (the Act) 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 interpretive rulings and decisions; and (11) seizure of imported merchandise. Title II: 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. (Sec. 201) 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) customhouse brokers. (Sec. 202) 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. (Sec. 214) Sets forth provisions with respect to customs officers' immunity in regard to the appraisement of or collection of duties on imported merchandise. Title III: Miscellaneous Amendments to the Tariff Act of 1930 - Amends the Act 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. Increases specified ceiling amounts of duty-free gifts and articles. (Sec. 302) 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. (Sec. 303) Requires specified kinds of 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. (Sec. 305) 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. (Sec. 306) 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. (Sec. 309) Reduces from one year to six months the length of time merchandise may remain in customs custody with fees unpaid before it may be treated as unclaimed. (Sec. 312) Authorizes the Secretary to prescribe regulations for the declaration and entry of merchandise whose value does not exceed a designated amount, but not more than $2,500 (currently not greater than $1,250), 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. (Sec. 313) Reduces from one year to 90 days the minimum length of time after forfeiture the Secretary must wait before selling at public auction any seized imported merchandise with a counterfeit mark. (Sec.314) 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). (Sec. 315) 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. (Sec. 316) Requires actions for fraud, gross negligence, and negligence, false drawback, or refund claims with respect to imported merchandise to be instituted within five years after the alleged violation or discovery of such fraud. (Sec. 318) 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. (Sec. 319) Provides for the use of private collection agencies to recover money owed the United States under customs laws. Title IV: 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. (Sec. 401) 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. States that instruments of international trade, such as containers, lift vans, rail cars and locomotives, truck cabs and trailers, etc., are exempt from formal entry procedures, but must be accounted for when imported to and exported from the United States through the manifesting procedures required for international carriers. (Sec. 402) 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. (Sec. 403) Amends Federal law to grant the Court of International Trade exclusive jurisdiction of any civil action for review of decisions of the Customs Service that deny, suspend, or revoke accreditation of private customs laboratories. Bars the commencement of such actions unless brought within 60 days of such decisions. (Sec. 404) 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. (Sec. 408) Repeals specified provisions of Federal law. (Sec. 409) 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 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 preceding the 60th day before each fiscal year 1993 through 1995.
United States · United States Congress · 21 January 1993
Amends title XIX (Medicaid) of the Social Security Act to permit payments under State Medicaid plans to certain manufacturers of childhood vaccines who have contracted with the State to provide them without charge to providers for administration to Medicaid-eligible individuals.
United States · United States Congress · 21 January 1993
Economic and Employment Impact Act - Directs the Comptroller General to prepare an economic and employment impact statement to accompany each bill, resolution, or conference report before it may be reported or otherwise considered on the floor of either House of Congress. Requires such statement to: (1) state the extent to which enactment of such legislation would result in increased costs to the private sector, individuals, or State and local governments; and (2) include a detailed assessment of the annual impact of such legislation on consumer and business costs, employment, the Gross Domestic Product, and other specified criteria. Provides that such statement may consist of a brief summary assessment if preliminary analysis indicates that the aggregate effect of the legislation is less than $100 million or 10,000 jobs in national employment. Authorizes the Congress to waive the requirements at any time in which a declaration of war is in effect or in response to a national security emergency at the request of the President. Provides that it shall not be in order in either House of Congress to consider any legislation that does not include such a statement. Allows such point of order to be waived. Requires each regulation and proposed regulation promulgated by an executive department or agency to be accompanied by such a statement and published with such statement in the Federal Register. Authorizes the President to waive the requirements of this paragraph at any time in which a declaration of war is in effect or in response to a national security emergency. Amends rule XXVI of the Standing Rules of the Senate to repeal provisions concerning congressional committee reports accompanying bills and resolutions.
United States · United States Congress · 21 January 1993
General Aviation Accident Liability Standards Act of 1993 - Declares that this Act supersedes any State law regarding liability for general aviation accidents. Establishes guidelines for uniform standards of liability of general aviation manufacturers for general aviation accidents, including the principle of comparative responsibility. Establishes, with specified exceptions, a limitation of actions period of 20 years from delivery of aircraft or harm-causing part to the purchaser for general aviation civil liability brought against a general aviation manufacturer. Permits the award of punitive damages if a claimant establishes by clear and convincing evidence that the harm suffered was the direct result of conduct manifesting conscious, flagrant indifference to safety. Establishes a two-year limitation of actions period for actions arising out of a general aviation accident. Confers original jurisdiction upon the Federal district courts, concurrently with State courts, for all civil actions that exceed $50,000 for harm arising out of a general aviation accident. Provides procedures for removal from State to Federal district courts of such actions.
United States · United States Congress · 21 January 1993
Directs the Secretary of Education to waive certain requirements for local effort in excess of $200,000 in awarding funds to the Winona R-III School District, Missouri, under Federal law relating to impact aid.
United States · United States Congress · 21 January 1993
Legislative Line Item Veto Act of 1993 - Amends the Congressional Budget and Impoundment Control Act of 1974 to grant the President legislative line item veto rescission authority. Makes such a rescission effective unless the Congress, during a review period of 20 calendar days, enacts a rescission disapproval bill.
United States · United States Congress · 21 January 1993
Constitutional Amendment - Requires a balanced Federal budget, unless a three-fifths roll call vote of both Houses of Congress provides for a specific excess of outlays over receipts. Prohibits an increase in the public debt limit except by a three-fifths roll call vote by both Houses of Congress. Requires the President to submit a balanced budget to the Congress. Prohibits any bill to increase revenue from becoming law unless by a majority roll call vote of both Houses.
United States · United States Congress · 21 January 1993
Declares the desire of the Senate that criminal proceedings be brought against all persons suspected of responsibility for war crimes and crimes against humanity, including mass rape, in Bosnia. Calls on all parties to the applicable international conventions to: (1) identify alleged offenders of crimes against humanity in Bosnia; and (2) submit such offenders for prosecution before its own courts, or extradite them to another contracting party or an international tribunal if the requesting party has jurisdiction and sufficient grounds for prosecution.
United States · United States Congress · 8 October 1992
Health Care Liability Reform and Quality of Care Improvement Act of 1992 - Title I: Findings and Purpose - Sets forth: (1) findings regarding this Act; and (2) the purpose of this Act. Title II: Health Care Liability Reforms - Requires, in order to be eligible to participate in the incentive program provided for in this title, that States have in effect the health care liability reforms set forth in this title. Requires, in any health care liability action, the liability of each defendant for non-economic damages to be several and not joint, with each defendant liable only for the proportion of that defendant's fault and a separate judgment against that defendant in that amount. Prohibits awarding non-economic damages over a certain dollar amount in any health care liability action, subject to waiver. Reduces the total damages received by a plaintiff by the amount of any collateral source benefits. Allows: (1) future economic damage awards to be paid periodically, based on when the damages are likely to occur or at the time the damages accrue; and (2) in certain circumstances, the court to require the health care provider to purchase an annuity or fund a reversionary trust to make such periodic payments. Prohibits reopening a judgment awarding periodic payments to contest, amend, or modify the schedule or amount in the absence of fraud or any ground permitting relief after entry of a final judgment. Declares it U.S. policy to encourage alternative dispute resolution (ADR). Requires a State to establish at least one ADR mechanism. Requires a State to: (1) cooperate with Federal research efforts regarding patient outcomes, clinical effectiveness, and clinical practice guidelines; (2) collect, analyze, and supply the Secretary of Health and Human Services with information regarding the performance of State medical boards; and (3) impose continuing education requirements on a disciplined physician. Allows alternatives to these requirements regarding medical boards and continuing education if the Secretary finds the alternatives at least as effective in reducing the incidence of negligence as compliance with the requirements. Allows States three years from the adoption of this Act to enact, adopt, or otherwise comply with the requirements of this title. Deems a State to be in compliance if it has in effect a system for prompt payment of economic damages not payable by State, Federal, or private health or disability insurance, wage continuation, or any other source or payment intended to compensate an injured person. Requires the withholding of certain funds for noncompliance. Allows waiver of the requirements of this title for any experimental, pilot, or demonstration project which is likely to assist in promoting the objectives of this Act. Title III: Mandatory Non-Binding Arbitration - Establishes a system for nonbinding arbitration of health care liability claims and a mechanism for resolution through arbitration of health care liability claims. Title IV: Federal Implementation of Health Care Liability Reforms - Amends Federal law to prohibit, in a health care liability action, finding the United States jointly and severally liable for non-economic damages. Allows liability only for those non-economic damages directly attributable to its pro rata share of fault. Reduces damages paid by the United States by the amount of any collateral source benefits. Prohibits awarding non-economic damages, in an action against the United States, over a certain dollar amount. Requires, at the request of the United States when future economic damages are awarded in excess of a specified amount, an order that such damages be paid by periodic payments based on when the damages are likely to occur. Allows the United States, in such cases, to pay the judgment periodically, purchase an annuity, or fund a reversionary trust. Prohibits reopening the judgment to contest, amend, or modify the schedule or amount in the absence of fraud or any ground permitting relief after entry of a final judgment. Title V: Construction of Provisions - Provides for construction, severability, and the effective date of this Act.
United States · United States Congress · 6 October 1992
Punitive Damages Reform Act of 1992 - Prohibits the award of punitive damages for any claim that arises under Federal law or that involves commerce within Federal jurisdiction, with respect to which a punitive fine is sought. Authorizes a court to assess a punitive fine with respect to a claim for which punitive damages were previously available, subject to the following requirements: (1) the plaintiff must plead that a punitive fine is sought; and (2) a prayer for such a fine shall be stricken prior to trial unless the plaintiff presents to the court, at least 30 days prior to trial, prima facie evidence sufficient to sustain the assessment of such a fine. Prohibits the assessment of a punitive fine unless: (1) the court finds that punishment and deterrence are warranted by the facts and circumstances of the case; (2) the plaintiff establishes by clear and convincing evidence that, relative to the act or omission on which the claim is based, the defendant (or, under specified circumstances, the defendant's agent) acted with malice; (3) the plaintiff establishes by clear and convincing evidence all other facts necessary to support the assessment of such a fine; and (4) economic damages, noneconomic damages, or a combination thereof, in excess of nominal damages, are awarded with respect to such claim. Requires: (1) the court to determine the liability of a defendant for a punitive fine unless the question of liability for punitive damages on a claim with respect to which the punitive fine is sought is one that was required to be referred to a jury prior to this Act's enactment, in which case the question shall be decided by a jury; and (2) any such jury to answer a special interrogatory as to whether the plaintiff has shown by clear and convincing evidence that the act or omission of the defendant on which the claim is based was performed with malice rather than being performed through mere negligence or gross negligence. Sets forth factors to be considered in determining the amount of a punitive fine to be assessed. Directs that the amount of such fine be sufficient to punish the defendant for the defendant's past conduct on which the claim is based and to deter the defendant and others from engaging in similar conduct in the future. Requires that, at the request of any party, a claim governed by this Act that is tried before a jury be conducted in a bifurcated trial (according to specified guidelines), before the same jury in both phases, unless a party demonstrates that the interest of avoiding the additional time and expense of conducting a bifurcated trial significantly outweighs the benefits of fairness to the requesting party in conducting a bifurcated trial. Specifies that: (1) when such a claim is brought against more than one defendant, a punitive fine shall be assessed against each defendant specifically, and each defendant shall be liable only for the amount of the assessment made against that defendant; and (2) the amounts of such fines assessed against each defendant shall be based on their relative degrees of culpability. Provides that nothing in this Act shall be construed to create any claim for punitive damages or a punitive fine for which punitive damages were not available prior to this Act's enactment.
United States · United States Congress · 6 October 1992
Employment Dispute Resolution Act of 1992 - Amends title VII (Equal Employment Opportunities) of the Civil Rights Act of 1964 to provide for pre-litigation mediation by the Federal Mediation and Conciliation Service (FMCS) or another mediator. Prohibits suit while mediation is pending. Sets forth procedures and requirements. Amends Federal law to provide for pre-suit mediation, by the FMCS or another mediator, of disputes involving enforcement of employment-related contracts under provisions relating to equal rights under the law. Authorizes appropriations.
United States · United States Congress · 2 October 1992
Constitutional Amendment - Declares that neither the Supreme Court nor any inferior court of the United States shall have the power to instruct or order a State or political subdivision thereof, or an official of such State or political subdivision, to lay or increase taxes.
United States · United States Congress · 17 September 1992
Authorizes the President, on behalf of the Congress, to present a gold medal to John Birks "Dizzy" Gillespie in recognition of his accomplishments as a musician. Authorizes appropriations. Authorizes the Secretary of the Treasury to provide for the sale of bronze duplicates of the medal.
![Official portrait of Sen. Danforth, John C. [R-MO]](https://www.congress.gov/img/member/d000030_200.jpg)