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United States · Official source
565 records where Sen. Rudman, Warren [R-NH] is listed as a sponsor, author, or other actor. Search with topics and years
United States · United States Congress · 10 September 1992
Designates the U.S. courthouse to be constructed in Fargo, North Dakota, as the Quentin N. Burdick United States Courthouse.
United States · United States Congress · 9 September 1992
Denies nondiscriminatory treatment (most-favored-nation treatment) of the products of Serbia or Montenegro unless the President certifies to the Congress that such nation: (1) has made significant progress toward complying with the Final Act of the Conference on Security and Cooperation in Europe (also known as the "Helsinki Final Act"), particularly with regard to human rights and humanitarian affairs as well as respect for minority rights in Kosovo and Vojvodina; (2) has ceased its armed conflict with other ethnic peoples of the region formerly comprising the Socialist Federal Republic of Yugoslavia; (3) has ceased support of Serbian forces inside Bosnia-Hercegovina; and (4) has agreed to respect the borders of the six former Yugoslavian republics.
United States · United States Congress · 8 September 1992
Expresses the profound sorrow of the Senate on the death of the Honorable Quentin N. Burdick of North Dakota.
United States · United States Congress · 12 August 1992
World War II 50th Anniversary Commemorative Coins Act - Expresses the sense of the Congress that the United States should recognize the 50th anniversary of World War II by minting and issuing commemorative coins for the anniversaries of: (1) World War II; (2) the Battle of Normandy; and (3) "D-Day." Directs the Secretary of the Treasury to: (1) issue and mint such coins in five-dollar gold, one-dollar silver, and half-dollar clad denominations; and (2) determine the role that the American Battle Monuments Commission and the Battle of Normandy Foundation shall have in coin promotion and marketing. Mandates that surcharges received from the sale of such coins be deposited in a coinage profit fund and allocated, upon separate congressional authorization, to the American Battle Monuments Commission to establish a World War II memorial and to the Battle of Normandy Foundation to dedicate, on the 50th anniversary of D-Day and Battle of Normandy Memorial in Normandy, France. Directs the Secretary to report semiannually to the Congress regarding implementation of this Act.
United States · United States Congress · 12 August 1992
Designates September 1992 as Childhood Cancer Month.
United States · United States Congress · 2 July 1992
Small Business Innovation Development Amendment Act of 1992 - Amends the Small Business Innovation Development Act of 1982 to extend the Small Business Innovation Research (SBIR) Program from October 1, 1993, to October 1, 2000. Amends the Small Business Act regarding small business eligibility for Federal agency research and development awards to include in the three-phase evaluation process determining the technological feasibility of ideas those ideas which appear to have commercial potential. Prescribes minimum SBIR expenditure amounts for FY 1992 through 1997 and after. Requires each Federal agency that is required to establish an SBIR program to: (1) determine unilaterally research topics within its SBIR solicitations, giving special consideration to topics which permit substantial applicant participation in research project formulation; and (2) make payments in full to SBIR funding agreement recipients, subject to specified audit deadlines. Directs the Administrator of the Small Business Administration (the Administrator) to modify directives for the conduct of general SBIR policy to provide for: (1) rights to data; (2) continued use of agency property; (3) follow-on contracts; and (4) increased amounts of Phase 1 awards. Repeals the requirement for an annual report by the Office of Science and Technology Policy. Provides that if a Federal agency required to establish an SBIR program makes an SBIR solicitation award for which it shall provide written justification of such award in its next annual report. Requires the Comptroller General to report to the Congress on specified aspects of SBIR program implementation. Includes Department of Defense (DOD) activities in the extension of programs under this Act and requires the evaluation process for research and development awards to consider the commercial potential of ideas. Revises the definition of "extramural budget" to remove an exclusion that provides that such definition shall not include amounts of DOD obligated solely for operational systems development. Increases the amount required to be expended by DOD for SBIR. Establishes a maximum amount for SBIR contracts awarded by DOD in the first phase.
United States · United States Congress · 1 July 1992
States that the criminal act of stalking other persons is of deep concern. Directs the Attorney General, acting through the Director of the National Institute of Justice, to: (1) evaluate anti-stalking legislation and proposed legislation in the States; (2) develop model anti-stalking legislation that is constitutional and enforceable; (3) prepare and disseminate to State authorities the findings made as a result of the evaluation; and (4) report to the Congress on the need for further Federal action.
United States · United States Congress · 18 June 1992
Legal Services Reauthorization Act of 1992 - Amends the Legal Services Corporation Act to authorize appropriations for the Legal Services Corporation for FY 1993 through 1997. Amends the Federal criminal code to: (1) apply Federal criminal laws against theft, fraud, and embezzlement to Corporation funds; and (2) make the Federal criminal statute against obstructing a Federal audit applicable with regard to auditors employed or retained by the Corporation. Specifies that certain provisions of the False Claims Act apply to the Corporation, any financial assistance recipient and other grantee or contractor of the Corporation (awardee), subgrantee or subcontractor of any such entity, or employee thereof (thus, giving the Attorney General the authority to bring a civil action against any person employed by or contracting with a recipient, subrecipient, grantee, or contractor who perpetuates a fraud with Corporation funds, but excluding from application to the Corporation and its recipients provisions which permit a private person to initiate a false claims action). Revises prohibitions on the use of Corporation funds for lobbying purposes to prohibit such use by an awardee: (1) to pay for publicity or propaganda intended or designed to support or defeat legislation pending before the Congress or State or local legislative bodies, or to influence any decision by a Federal, State, or local agency; (2) to pay for any personal service, advertisement, telegram, telephone communication, letter, printed matter, or other device intended or designed to influence: any decision by a Federal, State, or local agency, except when legal assistance is provided by an employee of an awardee of the Corporation to an eligible client on a particular matter which directly involves the client's legal rights or responsibilities; any Member of Congress or other Federal, State, or local elected official to favor or oppose any referendum, initiative, constitutional amendment, or similar procedure of the Congress, State legislature, local council, or similar governing body; or any such Member or official to favor or oppose legislation (with exceptions); or (3) for adminstrative or related costs associated with such prohibited activities. Permits the use of such funds in connection with any communication: (1) made in response to a Federal, State, or local agency or elected official; or (2) to a Federal, State, or local elected official pertaining to the authorization or appropriation of funds or any other measure affecting the authority, functions, or funding of, or pertaining to oversight measures directly affecting, the awardee or the Corporation, if the project director or designee of the awardee has expressly determined that the legislative body involved is considering such authorization, appropriation, or other measure, or is conducting oversight of the awardee or the Corporation. Requires the Corporation to: (1) arrange for evaluations to determine whether awardees are providing comprehensive, economical, and effective legal assistance to eligible clients; and (2) conduct monitoring and investigations into allegations that an awardee has violated applicable requirements. Sets forth provisions concerning investigation procedures. Directs the Board of Directors of the Corporation to provide for the enforcement of requirements with respect to such awardees. Permits the Corporation to suspend, reduce, or terminate financial assistance (with such termination only after consideration of other remedial measures and only after the employee has been afforded reasonable notice and opportunity for a timely, full, and fair hearing, to be conducted by an independent hearing examiner when requested), or deny an application for refunding (after affording the awardee an opportunity to correct the failure) when: (1) there has been a substantial failure to comply with applicable requirements; or (2) evaluations demonstrate that an awardee has consistently failed to provide economical and effective legal assistance. Authorizes the Corporation to deny an application for refunding when the Corporation has identified an applicant for financial assistance that is better able to provide comprehensive, economical, and effective legal assistance for the geographic area served by such awardee. Revises provisions concerning notice to awardees prior to the suspension or termination of assistance or the denial of a refunding application. Prohibits the annual level of assistance from being reduced by more than five percent or $20,000, whichever is less, unless the awardee has been afforded notice and, at the awardee's request, a timely and fair hearing. Sets forth Corporation monitoring requirements. Directs that standards and procedures adopted pursuant to such provision take into account: (1) the responsibility of the Corporation to provide for independent evaluations; (2) that each awardee has the responsibility to manage its day-to-day operations and to assure that its employees comply with all applicable law and deliver high quality legal assistance in an effective and economical manner; (3) that the personal privacy of eligible clients could be adversely affected by the public disclosure of records or documents obtained in connection with monitoring or investigation (and bars the Corporation from requiring disclosure of such records to the extent that they can be expected to contain information directly pertinent and necessary to an audit, or to an investigation of a likely pattern of discrimination, lack of compliance with the law, or poor performance by an awardee which is indicated by other external evidence); (4) the requirements of the Privacy Act of 1974, the privacy protections of State law, and the principle that matters and records that are personal or private and that relate to an individual employee should be protected from examination by the Corporation; and (5) the rules of ethics and professional responsibility that are applicable in the jurisdiction where an awardee delivers legal assistance. Requires the Corporation to develop criteria for evaluating the capability and performance of awardees. Specifies that the Inspector General of the Corporation shall not, in carrying out his or her functions, be subject to any restriction that: (1) is contained in the standards and procedures adopted by the Corporation under this provision; and (2) limits access by the Corporation to documents or other information. Directs the Corporation to require each grantee, contractor, or person or entity receiving financial assistance to provide for an independent annual financial audit and to submit the report of the audit to the Corporation. Bars the Corporation from selecting the auditor employed by such entity. Permits the Corporation to conduct its own audit or hire an independent auditor when necessary, with the costs to be borne by the Corporation. (Current law directs the Corporation to conduct, or require each such grantee, contractor, or person or entity to provide for, an annual financial audit.) Places restrictions on the bringing of a class action suit by an awardee with funds provided by the Corporation against the Federal Government or any State or local government. Requires awardees to adopt policies to attempt to negotiate settlements and to use alternative dispute resolution mechanisms, where appropriate, before filing suit. Prohibits the use of Corporation funds to alter, revise, or reapportion a legislative, judicial, or elective district at any level of government. Places restrictions on the use of Corporation funds for legal assistance for aliens. Revises requirements for governing bodies of grant or contract recipients to require a recipient's governing body to be comprised of (in the majority) attorneys who are appointed by State, county, or local bar associations the memberships of which represent a majority of the attorneys practicing law in the locality in which the recipient is to provide legal assistance. Sets forth requirements for governing or policy bodies of recipients and other awardees. Allows the governing body of a bar association to appoint members of the governing or policy bodies of more than one awardee of the Corporation. Makes technical and conforming changes with respect to the professional responsibilities of the Corporation and attorney employees of the Corporation. Specifies that neither the Corporation nor the Comptroller General shall have access to any reports or records protected from disclosure by the laws or rules of ethics or professional responsibility that apply in the jurisdiction where such reports or records are maintained. Requires the Corporation (with specified exceptions) to ensure that attorneys employed full-time in providing legal assistance supported in major part by the Corporation refrain from any: (1) outside practice of law in which the attorneys seek or receive compensation; and (2) uncompensated outside practice of law. (Current law bars attorneys employed full-time in legal assistance activities supported in major part by the Corporation from any compensated outside practice, and any uncompensated outside practice except as authorized in guidelines promulgated by the Corporation.) Prohibits the use of Corporation funds for initiating the defense of a person in a proceeding to evict such person from a public housing project if the person has been convicted of the illegal sale or distribution of a controlled substance and the proceeding has been brought by a public housing project agency because such person threatens the health or safety of other tenants or employees of such agency. Prohibits awardees (or employees) from engaging in precomplaint settlement negotiations, filing a complaint, or pursuing litigation against a defendant unless a written retainer agreement which enumerates the facts on which the claim is based has been signed by the plaintiffs. Specifies that, unless authorized by a court of competent jurisdiction, no awardee (or employee) may file a complaint or petition in a court until all plaintiffs known to plaintiff's counsel at the time have been specifically identified in the complaint or petition. Requires the Corporation to study, through the use of demonstration projects and other appropriate methods, the feasibility of utilizing a system of competition to improve the delivery of legal assistance and related activities. Sets forth reporting requirements. Specifies that a general restriction on training activities of the Corporation should not be construed to prohibit training of attorneys or paralegals as necessary to prepare them to advise any eligible client as to the nature of the legislative process, or to inform any such client of his or her rights under any statute, order, or regulation. Repeals a limitation on the use of non-Federal funds received by the Corporation. Directs the Corporation to require each awardee to maintain a system of time and recordkeeping that discloses the types of activities supported by Corporation and non-Corporation funds and allocates appropriate costs, including overhead, to activities funded by non-Corporation funds. Sets forth additional requirements regarding the specific type of system to be employed. Prohibits the use of alternative corporations to evade the provisions of this Act. Defines an "alternative corporation" as a group which has a single identity of interest with an awardee. Requires any awardee which shares employees with any other entity to specify with particularity the use of any funds by such employees. Directs the Corporation to ensure that all attorneys engaged in legal assistance activities supported by the Corporation refrain, while so engaged, from any political activity (current law) associated with a political party or the campaign of any candidate for public or party office. Requires grants and contracts made for calendar years 1993 through 1997 to be made for at least 12 months, except for any grant to a new program commencing operations after the beginning of the applicable calendar year. Sets forth provisions with respect to the establishment of local priorities and periodic analysis of the legal needs of clients in the area served by each such awardee. Revises the defintion of "staff attorney" to mean an attorney who: (1) is employed by a recipient organized in whole or in part for the provision of legal assistance to eligible clients under the Act; and (2) receives more than half of his or her annual professional salary from the proceeds of a grant or contract from the Corporation to such recipient. (Current law specifies an attorney who receives more than half of his annual professional income from a recipient organized solely for the provisions of legal assistance to eligible clients.) Directs the Corporation to conduct a study on legal assistance to older Americans.
United States · United States Congress · 16 June 1992
Small Business Capital Access Program - Establishes a Small Business Capital Access Board within the Small Business Administration (SBA) to carry out a Small Business Capital Access Program. Authorizes the SBA to contribute a specified amount to each participating State, to be credited to reserve funds established in connection with loans to small business concerns by participating financial institutions. Requires SBA contributions to: (1) be between 1.5 and 3.5 percent of the loan amount; and (2) match on a one-to-one basis the amounts contributed by the State. Requires States to: (1) establish statutory authority to carry out the Program; (2) appropriate funds to cover premiums on enrolled loans; and (3) establish an administrative mechanism to carry out the management of reserve funds; the enrollment of loans; the payment of claims; and the designation of participating financial institutions. Terminates participation if a State fails to meet such commitments within a 12-month period. Authorizes the Board to extend the period to meet commitments if requested by a State. Requires States to establish reserve funds in the name of each participating financial institution for: (1) depositing premium charges to be paid by institutions and borrowers and accounting for contributions by the States and SBA; and (2) disbursing funds to cover losses sustained by an institution in connection with Program loans. Permits the SBA to make contributions only in connection with a loan made to a borrower that is a small business concern that is authorized to conduct business, and has its primary business location, in a participating State. Prohibits the use of loans to finance passive real estate ownership. Permits financial institutions in participating States to enroll loans if: (1) they have agreed to all terms and conditions set forth under this Act or by the State; (2) the appropriate Federal banking agency has approved them for participation in the Program after consideration of safety and soundness, capitalization, and overall financial health; and (3) the State has agreed to establish reserve funds in their names. Sets forth loan enrollment requirements. Requires such institutions to prescribe premium charges for loans payable to reserve funds. Requires lender and borrower payments to be equal. Authorizes the lender to recover its payments through the financing of the loan. Sets forth required State and SBA contributions to the reserve funds. Limits the combined amount to be deposited by an institution into any fund over a three-year period to $150,000. Makes payments to the reserve fund the exclusive property of the participating State. Authorizes withdrawal of fund income, subject to specified conditions. Authorizes a financial institution that charges off an enrolled loan to the reserve fund to file a claim with the State if: (1) the claim occurs contemporaneously with the action to charge off the loan; and (2) the charge off is made in a manner consistent with the institution's usual method for making determinations on business loans that are not enrolled loans. Sets forth provisions concerning partial payment of claims. Authorizes appropriations.
United States · United States Congress · 11 June 1992
World University Games Commemorative Coin Act of 1992 - Authorizes the minting and issuance of five-dollar gold coins and one-dollar silver coins (at no net cost to the Government) 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, to erect facilities for the use of such athletes, and to underwrite the cost of sponsoring the World University Games.
United States · United States Congress · 4 June 1992
Declares that the Senate calls upon: (1) public officials and candidates for public office to make proposals and engage in extensive and substantive discussion on reducing the deficit; (2) the candidates for President to agree to a formal discussion that focuses entirely on the Federal budget deficit and its implications and solutions; and (3) all candidates for office to affirm their support for this statement of principles and to resolve, in the course of their campaigns, to seek a mandate from the electorate with which they can effectively address the Federal budget deficit if elected.
United States · United States Congress · 19 May 1992
Amends the Tariff Act of 1930 to subject real property that has been forfeited, but not yet seized, to the Government under the Act to taxation by a State, Commonwealth, territory, possession, district, and local political subdivision in the same manner as other real property.
United States · United States Congress · 12 May 1992
Title I: Extension of Unemployment Benefits - Amends the Emergency Unemployment Compensation Act of 1991 (Public Law 102-164, as amended) to extend the emergency unemployment compensation (EUC) program. Changes the EUC program termination date (currently July 4, 1992) to March 6, 1993. Provides for phaseout reductions of such benefits for weeks beginning after June 12, 1992, and for weeks beginning after January 3, 1993. (Provides, therefore, up to: (1) 33 weeks of EUC benefits in certain high-unemployment States and 26 weeks in all other States, respectively, for claimants for weeks beginning prior to June 13, 1992; (2) 20 or 13 weeks, respectively, for new claimants for weeks beginning on or after such date; and (3) 10 or 7 weeks, respectively, for new claimants for weeks beginning on or after January 3, 1993, until March 6, 1993.) Amends the Social Security Act (SSA) to authorize certain advances to the extended unemployment compensation account to pay for emergency unemployment compensation benefits. Amends SSA to require the first Advisory Council on Unemployment Compensation to study and report with recommendations (by February 1, 1993) on certain proposed permanent changes in the extended benefits program under the Federal-State Extended Unemployment Compensation Act of 1970. Title II: Revenue Provisions - Subtitle A: General Provisions - Amends the Internal Revenue Code (IRC) to apply mark-to-market accounting method rules for certain securities held by dealers in securities (with specified exceptions for certain types of securities such as those held for investment or as a hedge). Requires taking into account for tax deduction determinations: (1) certain Federal Savings and Loan Insurance Corporation (FSLIC) assistance as compensation for loss; and (2) any FSLIC assistance for any debt for determining whether such debt is worthless and in determining the amount of any addition to a reserve for bad debts arising from such worthlessness or partial worthlessness. Revises the IRC for individual estimated tax payments. Changes (for taxable year years 1993 through 1996) from 100 to 115 percent of the preceding year's tax liability the amount of the timely estimated payaments which an individual must make to qualify for a "safe harbor" alternative in making such estimated payments. Repeals special rules which denied the use of such last year's liability safe harbor for certain individuals with significant increases in tax liability from one year to the next. Subtitle B: Alternative Taxable Years - Revises the IRC with respect to electing alternative taxable years. Allows a partnership, S corporation, or personal service corporation to elect a taxable year other than the required taxable year if the annual financial statements (if any) of the entity used for credit purposes or provided to the partners, shareholders, or other proprietors of the entity are based on a fiscal year ending in the same month as the taxable year elected. Increases the amount of the required payment that must be made by a partnership or S corporation that elects a taxable year other than the required taxable year. Requires an additional payment for any taxable year that a partnership or S corporation first makes or changes a taxable year election to increase the deferral period.
United States · United States Congress · 10 April 1992
Authorizes the Thomas Paine National Historical Association to construct a Heroic Statue honoring Thomas Paine on the U.S. Capitol Grounds.
United States · United States Congress · 9 April 1992
Requires, beginning with FY 1993, the cost of the "Contributions to International Peacekeeping Activities" account of the Department of State to be treated as a national defense cost and expense of the Department of Defense. Prohibits the Director of the Office of Management and Budget for FY 1993 from adjusting the discretionary spending limits for the defense and international categories under the Congressional Budget Act of 1974 in order to conform with such reclassification. Declares that nothing in this Act alters the role of the Department of State with respect to international peacekeeping activities.
United States · United States Congress · 9 April 1992
High Value Economic Growth Act of 1992 - Title I: Economic Growth Incentives - Amends the Internal Revenue Code to allow a first-time homebuyer who purchases a principal residence a tax credit of ten percent of the purposes price of such residence. Limits the credit to $5,000. Requires married individuals filing jointly to both be first-time homebuyers. Makes this credit applicable to residences acquired after February 1, 1992, and before January 1, 1993, or for which a binding contract is entered into during such period. Allows an additional depreciation deduction of 15 percent of the adjusted basis of equipment: (1) for which the original use commences with the taxpayer on or after February 1, 1992; (2) which is acquired by the taxpayer on or after February 1, 1992, and before January 1, 1993; and (3) which is placed in service before July 1, 1993. Requires such deduction to be taken in the taxable year after the year property was placed in service. Allows the special deduction in computing the alternative minimum tax. Allows penalty free-withdrawals from qualified retirement plans during 1992 for: (1) the acquisition costs of a principal residence of a first-time homebuyer who is the taxpayer or the child or grandchild of the taxpayer; or (2) the purchase of a new passenger automobile. Excludes certain rental real estate activities from treatment as a passive activity for purposes of determining passive activity losses and credits. 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 allocations is not tax avoidance. Repeals the special rule for publicly traded partnerships with respect to the treatment of unrelated business taxable income. Title II: Revenue Offsets - Subtitle A: General Provisions - Amends the Higher Education Technical Amendments of 1991 to eliminate the statute of limitations on the collection of guaranteed student loans. Increases the base tax rate on ozone-depleting chemicals. Eliminates the different rates for initially listed chemicals and newly listed chemicals. Requires dealers in stock or securities to use the mark to market inventory accounting methods. Disallows interest on overpayments when certain refunds have been made. Subtitle B: Electromagnetic Spectrum Function - Emerging Telecommunications Technologies Act of 1992 - Directs the Secretary of Commerce and the Chairman of the Federal Communications Commission (FCC), at least semiannually, to conduct joint spectrum planning meetings with respect to: (1) future spectrum needs; (2) the spectrum allocations necessary to accommodate those needs; and (3) actions necessary to promote the efficient use of the spectrum. Directs the Secretary and the Chairman to report annually to the President on the joint spectrum planning meetings and any resulting recommendations. Directs the Secretary to submit to the President a report identifying bands of frequencies that: (1) are allocated on a primary basis for Federal Government use and eligible for licensing pursuant to the Communications Act of 1934 (the Act); (2) are not required for the present or identifiable future needs of the Government; (3) can feasibly be made available during the next fifteen years for use under the Act for non-Government users; (4) will not result in excessive losses to the Government in relations to benefits that may be obtained through non-Government users; and (5) are likely to have significant value for non-Government users under the Act. Sets forth criteria for identifying, and recommending for reassignment, such frequencies. Requires the Secretary to submit to the President a report which makes a preliminary identification of reallocable bands of frequencies. Directs the Secretary to convene a private sector advisory committee to: (1) revise the bands of frequencies identified in the preliminary report; (2) advise the Secretary with respect to the bands of frequencies which should be included in the final report; (3) receive public comment on the reports; and (4) prepare and submit such report. Directs the advisory committee to submit to the Secretary, the FCC, and specified congressional committees recommendations for the reform of the process of allocating the electromagnetic spectrum between Federal and non-Federal use. Directs the Secretary, as part of the final report, to include a time-table for the effective dates by which the President shall, within 15 years, withdraw or limit assignments on frequencies specified in the report. Directs the President, after receiving the final report from the Secretary, to: (1) withdraw or limit the assignment to a Government station of any frequency which such report recommends for reallocation; (2) withdraw or limit the assignment to a Government station of any frequency which such report recommends to be reallocated or made available for mixed use; (3) assign or reassign other frequencies to Government stations as necessary to adjust to such withdrawal or limitation of assignments; and (4) publish in the Federal Register a notice and description of all such actions taken. Authorizes the President to substitute alternative frequencies in the interest of national security, important Governmental needs, public health or safety, or Federal financial considerations. Provides for the reimbursement to non-Government licensees, or non-Government entities operating on behalf of a Government licensee, for the incremental costs directly attributable to the loss of the use of the frequency reassigned or otherwise limited under this Act. Authorizes appropriations to provide such reimbursements. Directs the FCC, at specified intervals, to: (1) complete a public notice and comment proceeding regarding the allocation of the initial spectrum to be reassigned, and to formulate a plan to assign such spectrum pursuant to competitive bidding procedures; and (2) complete a public notice and comment proceeding, and prepare and report to the President a plan for the distribution under the Act, of the frequency bands reallocated pursuant to this Act. Amends the Communications Act of 1934 to officially authorize the FCC to assign the frequencies reallocated from Government to non-Government use under this Act. Makes certain frequency reassignments available only to the extent provided in appropriations Acts. Authorizes the President to reclaim reassigned frequencies for reassignment to Government stations. Sets forth procedures for reclaiming frequencies. Directs the FCC to use competitive bidding procedures during spectrum reallocation pursuant to this Act. Outlines other procedures to be followed by the FCC with regard to permits and licenses relating to such frequency reallocation awards. Outlines specified instances when competitive bidding procedures shall not be required. Subtitle C: Other Provisions - Amends Federal law to extend provisions regarding lump sum withdrawal of retirement contributions for civil service retirees from October 1995 to October 1996. Amends the Omnibus Budget Reconciliation Act of 1990 to extend the collection of Patent and Trademark Office user fees from 1995 to 1996. Establishes the amount to be collected in 1996. Amends the Consolidated Omnibus Budget Reconciliation Act of 1985 to provide an extension of customs user fees from 1995 to 1996. Amends the Internal Revenue Code to extend the requirement for information returns on veterans benefits from September 30, 1992, until September 30, 1998. Revises military law with respect to housing loan default procedure to take into account losses sustained on the resale of property. Amends the Social Security Act and Federal law to apply certain Medicare limits to the Federal Employee Health Benefits Program for enrollees aged 65 or older.
United States · United States Congress · 9 April 1992
Directs the Postmaster General to issue a commemorative postage stamp in honor of American POWs/MIAs.
United States · United States Congress · 8 April 1992
Civil Liberties Act Amendments of 1992 - Amends the Civil Liberties Act of 1988 to increase the authorization of appropriations to the Civil Liberties Public Education Fund. Modifies requirements regarding payments made in the case of deceased persons. Terminates the duties of the Attorney General a specified period after the Fund terminates (currently, when the Fund terminates). Excludes any payments made under such Act from consideration as income for purposes of eligibility for benefits under all laws administered by the Secretary of Veterans Affairs, effective as of August 10, 1988. Includes non-Japanese spouses and parents of an individual of Japanese ancestry within the definition of the term "of Japanese ancestry."
United States · United States Congress · 2 April 1992
John Heinz Competitive Excellence Award Act of 1992 - Establishes the John Heinz Excellence Award, to be evidenced by a national medal coined and provided to the U.S. Senate by the U.S. Mint. Allows two such separate awards to be presented annually (one to a qualifying individual, including Federal, State, or local government employees, and one to a qualifying organization, institution, or business). Prohibits presentation of an award within a category in a given year if there is no qualified individual, organization, institution, or business recommended by the selection panel established by this Act. Sets forth qualification criteria for such awards. Requires the Senate majority and minority leaders to present such award to an individual and an organization, institution, or business that has demonstrated excellence in promoting U.S. industrial competitiveness in the international marketplace through technological innovation, productivity improvement, or improved competitive strategies. Directs the Office of Technology Assessment to: (1) ensure that all nominees receive a detailed summary of any evaluation conducted of such nominee; and (2) make available to the nominee and the public a summary of each award winner's competitiveness strategy (excluding proprietary information unless the award winner consents).
United States · United States Congress · 31 March 1992
Amends the Foreign Relations Authorization Act, Fiscal Years 1992 and 1993 to authorize additional funding (to be transferred from a specified Department of Defense account) for international peacekeeping activities. Provides that such funds shall not be counted as new budget authority or outlays for FY 1993 under spending limitations of the Congressional Budget Act of 1974.
United States · United States Congress · 13 March 1992
Deficit Reduction and Control Act of 1992 - Amends the Congressional Budget Act of 1974 to reduce maximum deficit amounts. Revises discretionary spending limits for FY 1992 and 1993 to reduce new budget authority and outlays for the defense category. Reduces such limits for the discretionary categories for FY 1994 and 1995. Requires the concurrent resolution on the budget to include discretionary spending limits for defense and nondefense categories for FY 1994 and 1995 as provided for in FY 1991, 1992, and 1993. Sets forth congressional requirements for enacting a joint resolution incorporating such spending limits. Requires enforcement through the sequestration provisions of the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act). Amends such Act to provide that for FY 1994 and 1995, the nondefense category shall consist of all discretionary appropriations other than those in the defense category.
United States · United States Congress · 12 March 1992
BasiCare Health Access and Cost Control Act - Title I: Immediate Reforms - Subtitle A: Small Employer Health Insurance Market Reform - Regulates accident and health insurance issued to small employers (defined as having fewer than 51 employees) regarding: (1) price; (2) sales practices; (3) guaranteed issue; (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) preventive benefits for children under 23. Preempts inconsistent State and local laws. Regulates: (1) guaranteed eligibility; (2) limited exclusion of preexisting conditions; (3) guaranteed renewability; (4) waiting periods; and (5) rating requirements. Allows the Secretary of Health and Human Services to agree with a State to apply the standards set by that State's laws instead of these requirements, provided the core benefits and sales practices requirements are met. Amends the Internal Revenue Code (IRC) to prohibit tax deductions for the tax imposed by title II, subtitle E, of this Act on insurers offering plans that do not qualify as BasiCare plans. Subtitle B: Community Health Services Expansion - 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. Links the amount of the allotment to population and need. Describes the services to be included. Earmarks for the allotments specified percentages of appropriations under certain provisions added by this Act. Mandates grants to federally qualified health centers (FQHCs) and other entities for providing access to services, as described in specified provisions of title XIX (Medicaid) of the Social Security Act, 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 - Amends the IRC to increase to 100 percent (currently 25 percent) 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 - 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. Amends the IRC to allow a tax 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 is 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 an applicable rural community to perform professional services in the community. Authorizes use of the deduction in computing adjusted gross income. Subtitle E: Malpractice Reform - Part I: Definitions - Sets forth definitions for purposes of this subtitle. Part II: Tort Reform of Health Care Liability Actions - Declares that this part applies to any health care liability action brought in any Federal or State court. 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 offset for damages paid by a collateral source. Prohibits punitive damages from exceeding the sum of economic and non-economic damages. Regulates the award of attorney's fees and joint and several liability. Sets forth time limits on initiation of actions. Preempts State laws in certain circumstances. Part III: Alternative Dispute Resolution Systems - Mandates grants to States for the development and implementation of alternative dispute resolution systems (ADRSs). Provides for the possible establishment of an advisory panel to take specified actions, including assisting in the development of criteria for ADRSs, providing advice and assistance to States, and performing duties set forth under part IV of this subtitle. Authorizes appropriations for the grants. Part IV: Demonstration Projects for No-Fault Compensation Programs - Establishes a program of grants to private entities for the demonstration no-fault compensation programs (NCPs) in the private sector under which health care providers offer their patients a no-fault compensation scheme in exchange for a waiver of common law tort liability for all injuries. Authorizes appropriations. Subtitle F: Joint Ventures - 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 - 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 - 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. Sets forth the continuing duties and responsibilities of the Commission, including: (1) submission of a new 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 to the Congress 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 Civilian Health and Medical Program of the Uniformed Services (CHAMPUS), and the Federal employees' health benefits program into the BasiCare system. 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. Requires each carrier to offer BasiCare. Preempts inconsistent State and local laws. Prohibits duplication, in whole or part, 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. Regulates premiums. 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. Regulates self-insured plans. Mandates development of recommended managed care plan standards regarding benefits, coverage, and delivery systems. Establishes the Managed Care Advisory Committee. Preempts certain State laws regarding managed care plans. Subtitle C: Low-Income Assistance - Requires the Commission to provide for the termination of Medicaid program coverage which duplicates 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 - 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 - 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 under this Act. Disallows personal exemptions unless the individual's BasiCare policy number is included in the individual's tax return. Subtitle F: Financial Provisions - 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 received as the result of amendments made by 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 CHAMPUS 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. 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; and (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. Subtitle G: Definitions - Sets forth definitions for various terms used in this Act.
United States · United States Congress · 27 February 1992
Real Estate Market Improvement Act of 1992 - Title I: Incentives for Real Estate Investment - Subtitle A: Incentives for Acquisition of Capital Assets - Part I: Reduction in Capital Gains Tax for Individuals - Amends the Internal Revenue Code to allow a capital gains deduction for noncorporate taxpayers (primarily individuals) for assets held from one to three years. (Provides for an exclusion from gross income of certain gains in the case of estates and trusts.) Provides special rules for the gain or loss from the sale or exchange of collectibles and sales of interests in partnerships. Disallows such deduction in computing the alternative minimum tax, except with respect to gains realized on the sale, exchange, or other disposition of a direct or indirect interest in real estate or a closely held business. Part II: Inflation Adjustment for Investments - Requires indexing, based on the consumer price index, and solely for the purpose of determining gain or loss, of the adjusted basis of certain assets (corporate stock and tangible property that is a capital asset or property used in a trade or business after the date of enactment of this Act) that have been held for more than one year at the time of sale or other transfer. Provides for the inflation adjustment treatment of: (1) short sales; (2) regulated investment companies and real estate investment trusts; and (3) partnerships, S corporations, and common trust funds. Prohibits gain from the sale or other disposition of an indexed asset from being taken into account under the limitation on investment interest. Subtitle B: First-Time Homebuyers - Allows penalty-free withdrawals from qualified retirement plans during the period beginning on February 1, 1992, and ending on December 31, 1992, to pay the acquisition costs of a first-time homebuyer who is the taxpayer or the taxpayer's child or grandchild. Restricts such withdrawals to individuals whose adjusted gross income for 1991 does not exceed: (1) $100,000 in the case of married individuals filing a joint return; (2) $50,000 in the case of a married individual filing a separate return; or (3) $75,000 in the case of any other taxpayer. Limits to $10,000 the aggregate amount which may be treated as qualified withdrawals with respect to all plans of an individual. Requires the inclusion of withdrawn amounts in gross income ratably over a four-year period. Allows a first-time homebuyer who purchases a principal residence a tax credit of ten percent of the purchase price of such residence, limited to $5,000. Applies such credit to property acquired between February 1, 1992, and January 1, 1993. Allows a deduction for losses from the sale of a principal residence to the extent they exceed $100. Increases the basis of a new principal residence purchased by the taxpayer by the amount of such loss. Provides for permanent extensions of the following: (1) the low-income housing credit; and (2) the authority to issue mortgage revenue bonds and mortgage credit certificates. Title II: Incentives to Encourage a Strengthened Real Estate Market and to Encourage Finance - Subtitle A: Reforms to End Discrimination Against Real Estate Professionals - Excludes certain rental real estate activities from treatment as a passive activity for purposes of determining passive activity losses and credits. Subtitle B: Provisions Relating to Real Estate Investments by Pension Funds to Provide Capital and Credit for Long-Term Real Estate Investment - 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 investments in certain large partnerships where the principal purpose of partnership allocations is not tax avoidance. Repeals the special rule for publicly traded partnerships with respect to the treatment of unrelated business taxable income. Subtitle C: Other Provisions - Modifies 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 (a utility required to provide electric energy, gas, water, or sewage disposal services) that: (1) is a contribution in aid of construction (as defined by regulations to be promulgated by the Secretary of the Treasury); (2) meets certain expenditure requirements; and (3) is not included in the taxpayer's rate base. Excludes amounts paid as customer connection fees. Directs the Secretary of the Treasury to take necessary action to provide for the uniform treatment of nonaccruing loans for tax purposes and Federal regulatory and financial accounting.
United States · United States Congress · 27 February 1992
Designates July 4, 1992, as Buy American Day.
United States · United States Congress · 20 February 1992
Directs the National World War II Memorial Fund, Inc., to construct a memorial on Federal land in the District of Columbia or its environs to: (1) honor members of the armed forces who served in World War II; and (2) commemorate U.S. participation in that conflict. Directs the fund to plan, design, and oversee the construction of the Memorial. Establishes the World War II Memorial Advisory Board to: (1) promote and encourage the donation of private funds for the construction of the Memorial; and (2) recommend the site for and assist in the selection of the design of the Memorial. Terminates the Board within 30 days after completion of the Memorial or on the lapse of the authority provided by this Act. Authorizes the Fund to solicit and accept private contributions for construction of the Memorial. States that the requirements and authority of this Act shall lapse if: (1) construction of the Memorial is not commenced within five years of its enactment; or (2) before such construction, the Secretary of the Interior certifies that funds are not available in an amount sufficient to ensure its completion.
United States · United States Congress · 19 February 1992
American Automobile Labeling Act - Requires manufacturers of new automobiles to affix, in a prominent place, on each automobile manufactured after 1992, a label indicating: (1) the percentage (by value) of U.S. automobile equipment on it; (2) the percentage (by man-hour) of labor performed by U.S. workers in assembling it; and (3) the name of any country, other than the United States, where at least one-third of the automobile equipment (by value) in it originated. Sets forth civil penalties for violation of this Act.
United States · United States Congress · 5 February 1992
Title I: Accelerated Growth - Economic Growth Acceleration Act of 1992 - Subtitle A: Provisions Relating to Capital Gains - Amends the Internal Revenue Code to allow a capital gains deduction for noncorporate taxpayers for assets held from one to three years. Provides special rules for the gain or loss from the sale or exchange of collectibles and sales of interest in partnerships. Disallows such deduction in computing the alternative minimum tax. Revises the formula for determining gain from the dispositions of certain depreciable realty to take into account depreciation adjustments (adjustments allowed or allowable for exhaustion, wear and tear, obsolescence, or certain amortization). Subtitle B: Provisions Relating to Passive Losses and Depreciation - Treats the real estate development activity of a taxpayer as a single trade or business activity that is not a rental activity. Allows an additional depreciation allowance for the purchase of new equipment as investment property on or after February 1, 1992, which is placed in service before July 1, 1993. Reduces the basis of adjustment of such property by the amount of the additional allowance. Requires application of such allowance in determining the alternative minimum tax. Restricts the determination of adjusted current earnings for purposes of computing alternative minimum taxable income to property placed in service after 1989 and before February 1, 1992. Subtitle C: 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 investments in certain large partnerships where the principal purpose of partnership allocations is not tax avoidance. Repeals the special rule for publicly traded partnerships with respect to the treatment of unrelated business taxable income. Subtitle D: Provisions Affecting Homebuyers - Allows a first-time homebuyer who purchases a principal residence a tax credit of ten percent of the purchase price, not to exceed $5,000. Limits such credit to one residence and requires acquisition between February 1, 1992, and January 1, 1993. Allows penalty-free withdrawals from individual retirement plans for a first-home purchase. Limits such distribution to $10,000, or other applicable amount if previous distributions have been made.
United States · United States Congress · 30 January 1992
Recognizes and commemorates the centennial of the National Conference of Commissioners on Uniform State Laws. Requests the President to issue a proclamation observing the centennial from January 1 through December 31, 1992.
United States · United States Congress · 23 January 1992
Designates March 25, 1992, as Greek Independence Day: A National Day of Celebration of Greek and American Democracy.
United States · United States Congress · 27 November 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 · 26 November 1991
Repeals the Assault Weapon Manufacturing Strict Liability Act of 1990, signed by the Mayor of the District of Columbia. Restores or revives any provisions of law amended or repealed by it.
United States · United States Congress · 26 November 1991
Amends the Federal criminal code to provide that testimony of a witness that is based on the witness's personal knowledge, irrespective of whether the witness has been exposed to compelled, immunized testimony, shall not be considered to be derived from or to constitute a use of the compelled testimony if: (1) the prosecution has made no use of the immunized testimony; and (2) the witness was not exposed to the immunized testimony by the prosecution. Requires this Act to be applied so as to fully protect a witness's privilege against self-incrimination in all respects.
United States · United States Congress · 17 October 1991
Expresses the sense of the Congress that the United States should continue to support the full protection of the African elephant through an unqualified listing of all populations of the African elephant on Appendix I of the Convention on International Trade in Endangered Species of Wild Flora and Fauna.
United States · United States Congress · 25 September 1991
Small Business Recovery Act of 1991 - Authorizes the Small Business Administration (SBA) to enter into agreements to participate, on a guaranteed basis, in the purchase of eligible securities issued pursuant to this Act by certain financial institutions. Sets forth participation criteria. Establishes the Regional Small Business Recovery Panel to evaluate: (1) applications submitted pursuant to this Act; (2) the type of proposed debt or equity security; and (3) claims for repurchase of approved securities by the SBA. Requires the SBA to submit a progress report to the Congress. Establishes the Regional Small Business Recovery Fund.
United States · United States Congress · 18 September 1991
Designates December 4, 1991, as Hawaii 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 · 16 September 1991
Designates 1992 as the Year of the Gulf of Mexico. Expresses the sense of the Congress that governmental entities that have responsibilities relating to the Gulf should work to increase public awareness concerning the immeasurable value of the Gulf's resources and conditions that threaten its aesthetic and economic value.
United States · United States Congress · 31 July 1991
Expresses appreciation to William H. Webster on the occasion of his retirement for exceptionally distinguished service to the Federal judiciary, the Federal Bureau of Investigation, the Central Intelligence Agency, the national intelligence community, and the United States.
United States · United States Congress · 31 July 1991
Establishes a Joint Committee on the Organization of the Congress to: (1) make a full and complete study of the organization and operation of the Congress; and (2) recommend improvements in such organization and operation with a view toward strengthening its effectiveness, simplifying its operations, improving its relationships with other branches of the Government, and improving the orderly consideration of legislation. Requires a report to the Senate and the House of Representatives not later than the adjournment sine die of the 102d Congress.
United States · United States Congress · 28 June 1991
Limited Partnership Rollup Reform Act of 1991 - Amends the Securities and Exchange Act of 1934 to revise proxy solicitation rules with respect to partnership rollup transactions (in which general partners combine several limited partnerships into one unit that trades on a stock exchange). Requires any proxy rules prescribed by the Securities Exchange Commission (SEC) to: (1) permit dissenting shareholders in a proposed rollup to contact other limited partners before the transaction date without first having to file a written proxy statement with the SEC; (2) prohibit any general partner from paying directly or indirectly any person providing solicitation services (a broker-dealer) on the basis of whether the solicitations either approve or disapprove the proposed transaction, or the compensation is contingent on the transaction's approval or completion; (3) require the issuer to provide to a shareholder (limited partner) a list of all limited and general partners involved in the proposed rollup; (4) require the rollup prospectus to be clear, concise, and understandable and summarize all effects of the proposed transaction, conflicts of interest, changes in voting rights and ownership interests, dissenters' rights, and other pertinent information; (5) provide that the soliciting material describe in reasonable detail any opinion, appraisal, or report that is prepared by a person, unaffiliated with the general partner or sponsor and received by the entity subject to the transaction or its affiliates and that is related to the proposed transition; (6) require that each prospectus be accompanied by an independent opinion on the rollup's fairness; and (7) give each shareholder at least 60 days to review the prospectus; and (8) contain such other provisions as the SEC determines necessary. Requires the rules of a national securities association to prevent association members from participating in any rollup transaction unless it protects the rights of dissenting limited partners, including: (1) the right to an appraisal and compensation, or to retain a security under the same terms as the original issue; (2) the right not to have dissenters' voting power unfairly reduced or abridged; (3) the right not to bear the costs of a rejected rollup; and (4) restrictions on the conversion of management profit-sharing interests and incentive fees into asset-based management fees. Requires a national securities exchange to prohibit the listing of any security resulting from a rollup transaction unless it provided for such dissenters' rights. Requires SEC rules to prohibit any national market system from trading any security resulting from a rollup transaction unless it provided for such dissenters' rights.
United States · United States Congress · 28 June 1991
Amends the judicial code to provide for the appointment of one additional bankruptcy judge for the district of New Hampshire.
United States · United States Congress · 24 June 1991
Amends the Internal Revenue Code to make permanent the provisions permitting small issues of tax-exempt bonds to finance manufacturing facilities and farm property.
United States · United States Congress · 6 June 1991
Medical Injury Compensation Fairness Act of 1991 - Deems any person accepting or providing health care which is to be paid for, in whole or in part, directly or indirectly, with funds under the Social Security Act, the Public Health Service Act, or any other Federal Act to have agreed to participate in the dispute resolution program established under this Act. Makes such agreement binding and enforceable in court. Requires any claim against health care providers for personal injury arising from care rendered under such Acts that is not settled voluntarily by the parties to be resolved only through a resolution service certified under this Act. Requires liability to be determined under the standard of care prescribed by State law except that, in certain circumstances: (1) particular services must be rendered in accordance with medical practice guidelines certified under this Act; (2) expert witnesses must possess specified qualifications; or (3) an alternative method of compensation which has been certified under this Act is applicable. Limits noneconomic damages. Reduces awards for collateral source payments. Provides for periodic payment of certain amounts for future damages. Prohibits paying punitive damages to the claimant, requiring in certain circumstances that they be paid to the State. Requires, subject to exception, that charges by the resolution service be paid by the party against whom the claim is substantially resolved. Amends provisions of the Internal Revenue Code relating to trade or business expenses to prohibit deductions for employer health plan expenses unless the covered employees agree to mandatory and final dispute resolution through a service certified under this Act. Directs the Secretary of Health and Human Services to develop: (1) a standard notice to persons regarding their option to enter into agreements with health care providers to resolve claims in a manner consistent with this Act; and (2) a standard contract for such purposes. Requires health care providers, as a condition of eligibility for reimbursement under titles XVIII (Medicare) and XIX (Medicaid) of the Social Security Act, to make a good faith effort to enter into agreements with persons not subject to certain provisions of this Act to provide for the resolution of medical injury claims in a manner consistent with provisions of this Act. Deems contracts entered into in accordance with this provision to be binding and valid contracts in all courts. Directs the Secretary to promulgate: (1) regulations that establish the criteria and procedures to determine whether to certify an alternative dispute resolution service, allowing waiver of the criteria and procedures in certifying services sponsored by the States; and (2) regulations that establish the criteria for certifying medical practice guidelines and that establish the criteria for certifying alternative methods of compensating personal injuries and other losses without regard to provider fault. Declares that the procedures required by this Act are exclusive and prohibits any action seeking recovery for any personal injury covered by this Act in any State or Federal court, except as expressly provided in this Act. Provides that specified provisions of this Act apply to health care plans approved as part of collective bargaining agreements.
United States · United States Congress · 4 June 1991
Civil Rights and Remedies Act of 1991 - Amends Federal law to allow compensatory damages and equitable civil penalty for intentional employment discrimination on the basis of religion, sex, national origin, or disability. Limits nonpecuniary compensatory damages and the civil penalty to specified dollar amounts, with higher limits for employers with over 100 employees. Prohibits prejudgment interest on compensatory damages. Allows the equitable penalty when there is malice or reckless indifference to the federally protected rights of an aggrieved individual. Requires, if such a penalty is imposed, awarding attorney's and expert witness fees. Prohibits subtracting those fees from the penalty. Allows a court to direct that the penalty be expended, in whole or in part, to correct discriminatory practices at the place of employment or in the community in which the discriminatory practice occurred, using the funds for actions such as public awareness or education programs. Requires that any amounts of the equitable penalty not directed to be used for such corrective actions be deposited in the Equal Employment Enforcement Trust Fund established by this Act. Allows any party, if compensatory damages are sought, to demand a jury trial. Amends the Internal Revenue Code to establish in the Treasury the Equal Employment Enforcement Trust Fund consisting of amounts equivalent to the equitable civil penalties under this Act not used to take corrective actions where the discriminatory practice occurred. Requires that, as provided in appropriations Acts: (1) half of the amounts in the Fund be available for carrying out enforcement provisions of the Civil Rights Act of 1964; and (2) half be available for carrying out specified provisions of the Family Violence Prevention and Services Act. Declares that: (1) the rights and protections under the amendment made by this Act shall apply with respect to any employee in an employment position in the Senate and any employing authority of the Senate, with enforcement and adjudication within the exclusive jurisdiction of the Senate; and (2) provisions of this Act setting forth related requirements and procedures are enacted by the Senate as an exercise of the rulemaking power of the Senate and may be changed as any other rule of the Senate. Declares that: (1) the rights and protections under the amendment made by this Act shall apply with respect to any employee in an employment position in the House of Representatives and any employing authority of the House, with remedies and procedures as described in a specified House Resolution; and (2) the provisions of this Act relating to such Resolution are enacted by the House as an exercise of the rulemaking power of the House and may be changed as any other rule of the House. Declares that the rights and protections under the amendment made by this Act shall apply with respect to any employee in an employment position in an instrumentality of the Congress and any chief official of the instrumentality, with the chief official establishing the remedies and procedures to be used. Defines instrumentalities of the Congress to include the Architect of the Capitol, the Congressional Budget Office, the General Accounting Office, the Government Printing Office, the Office of Technology Assessment, and the United States Botanic Garden.
United States · United States Congress · 4 June 1991
Equal Employment Opportunity Act of 1991 - Amends the Civil Rights Act of 1964 to provide for the burdens of proof which must be met by the various parties when an allegation of an unlawful employment practice is based on an assertion that a particular employment practice or group of employment practices results in disparate impact. Declares that the mere existence of a statistical imbalance is not alone sufficient to establish a prima facie case of employment discrimination. Prohibits construing these provisions to overrule any existing case concerning whether recovery is available under title VII (Equal Employment Opportunities) of the Act under a comparable worth theory. Declares it an unlawful employment practice for a respondent, in connection with employment or promotion selection or referral, to adjust the scores of, use different cutoff scores for, or otherwise alter the results of, employment-related tests on the basis of race, color, religion, sex, or national origin, except to comply with a court order aimed at remedying past discrimination. Defines "required by business necessity" to mean that the challenged practice must: (1) in the case of practices involving selection, bear a manifest relationship to requirements for effective job performance; and (2) in the case of other practices, bear a manifest relationship to a legitimate business objective of the employer. Declares that it is the intent of the Congress, in specified provisions of this Act, to codify the meaning of business necessity used in Griggs v.Duke Power Co. and overrule Wards Cove Packing Co. v. Antonio . Declares that: (1) the rights and protections under the amendments made by this Act shall apply with respect to any employee in an employment position in the Senate and any employing authority of the Senate, with enforcement and adjudication within the exclusive jurisdiction of the Senate; and (2) provisions of this Act setting forth related requirements and procedures are enacted by the Senate as an exercise of the rulemaking power of the Senate and may be changed as any other rule of the Senate. Declares that: (1) the rights and protections under such title VII and the amendments made by this Act shall apply with respect to any employee in an employment position in the House of Representatives and any employing authority of the House, with remedies and procedures as described in a specified House Resolution; and (2) the provisions of this Act relating to such Resolution are enacted by the House as an exercise of the rulemaking power of the House and may be changed as any other rule of the House. Declares that the rights and protections under title VII and the amendments made by this Act shall apply with respect to any employee in an employment position in an instrumentality of the Congress and any chief official of the instrumentality, with the chief official establishing the remedies and procedures to be used. Defines instrumentalities of the Congress to include the Congressional Budget Office, the General Accounting Office, and the Office of Technology Assessment. Declares that: (1) nothing in this Act or the amendments made by this Act shall be construed to limit an employer in establishing job requirements that are otherwise lawful under title VII; (2) nothing in title VII or this Act shall be construed to require or encourage an employer to adopt hiring or promotion quotas or to prevent an employer from hiring the most effective individual for the job; and (3) nothing in the amendments made by this Act shall be construed to affect court-ordered remedies, voluntary employer actions for work force diversity, or affirmative action or conciliation agreements, that are otherwise in accordance with the law.
United States · United States Congress · 4 June 1991
Civil Rights Restoration Act of 1991 - Amends Federal law to declare that: (1) for purposes of provisions relating to equal rights under the law, the right to make and enforce contracts includes the making, performance, modification, and termination of contracts, and the enjoyment of all benefits, privileges, terms, and conditions of the contracts; and (2) the rights protected by the amended provisions are protected against impairment by nongovernmental discrimination and impairment under color of State law. Amends title VII (Equal Employment Opportunities) of the Civil Rights Act of 1964 to declare that an unlawful employment practice is established when it is shown that a discriminatory basis was a motivating factor, even though other factors also motivated the practice. Allows, when such mixed motives have been proven and the respondent shows it would have taken the same action in the absence of any discrimination, declaratory relief, limited types of injunctive relief, and attorney's fees and costs. Prohibits, in such cases, awarding damages or issuing certain types of orders. Provides for the finality of litigated or consent judgments or orders resolving an employment discrimination claim, barring actions: (1) challenging an order entered before enactment of this Act, by persons who had certain types of notice and opportunity; and (2) challenging an order entered after enactment of this Act, by an employee, former employee, or applicant who had certain types of notice and opportunity, and by other persons whose interests were adequately and completely represented by a similarly situated person. Declares that an unlawful employment practice occurs when: (1) a seniority system is adopted, an individual becomes subject to a system, or a person aggrieved is injured by the application of a system or a part of a system; and (2) the system is alleged to have been adopted for an intentionally discriminatory purpose, in violation of title VII, whether or not that discriminatory purpose is apparent on the face of the system. Allows expert fees to be included in attorney's fees awarded to the prevailing party in an employment discrimination case. Extends the time limit for an aggrieved employee or employment applicant to file a civil action after notice of final action by a department, agency, or unit of the Federal Government. Requires the same interest to compensate for delay in payment by the Government as in cases involving non-public parties. Amends the Age Discrimination in Employment Act of 1967 (ADEA) to replace provisions providing for tolling of the statute of limitations for actions under the ADEA with provisions requiring the Equal Employment Opportunity Commission (EEOC) to give certain notice if it dismisses a charge or otherwise terminates proceedings. Sets forth time limits for bringing a civil action. Declares that: (1) the rights and protections provided under specified provisions of Federal law (relating to equal rights under the law) and the amendments made by this Act apply with respect to any employee in an employment position in the Senate and any employing authority of the Senate, with enforcement and adjudication within the exclusive jurisdiction of the Senate; and (2) provisions of this Act setting forth related requirements and procedures are enacted by the Senate as an exercise of the rulemaking power of the Senate and may be changed as any other rule of the Senate. Declares that: (1) the rights and protections under title VII (Equal Employment Opportunities) of the Civil Rights Act of 1964, the ADEA, specified Federal law relating to equal rights under the law, and the amendments made by this Act shall apply with respect to any employee in an employment position in the House of Representatives and any employing authority of the House, with remedies and procedures as described in a specified House Resolution; and (2) the provisions of this Act relating to such Resolution are enacted as an exercise of the rulemaking power of the House and may be changed as any other rule of the House. Declares that the rights and protections under title VII, the ADEA, such Federal law, and the amendments made by this Act shall apply with respect to any employee in an employment position in an instrumentality of the Congress and any chief official of such an instrumentality, with the chief official establishing the remedies and procedures to be used. Makes such remedies and procedures exclusive. Defines instrumentalities of the Congress to include the Architect of the Capitol, the Congressional Budget Office, the General Accounting Office, the Government Printing Office, the Office of Technology Assessment, and the U.S. Botanic Garden. Encourages the use of alternative means of dispute resolution to resolve disputes arising under the Acts amended by this Act.
United States · United States Congress · 23 May 1991
Designates June 15, 1991, as Magna Carta Day.
United States · United States Congress · 22 May 1991
Paperwork Reduction Act of 1991 - Title I: Authorization of Appropriations - Amends the Paperwork Reduction Act of 1980 to authorize appropriations to the Office of Information and Regulatory Affairs for 1992 through 1996. Title II: Reducing the Burden of Federal Paperwork on the Public - Makes Federal agencies accountable for reducing the burden of Federal paperwork on the public. Makes the Act applicable to all federally sponsored paperwork. Requires a Government-wide paperwork reduction goal of at least five percent and individual agency goals that aggregate to the Government-wide goal. Title III: Enhancing Federal Agency Responsibility and Accountability for Reducing the Burden of Federal Paperwork - Makes the senior official charged with carrying out the responsibilities of the agency under the Act the head of a separate office with qualified staff responsible for assuring agency compliance with requirements under the Act. Requires each agency to prepare estimates of burden that will result from proposed collections of information. Establishes a certification process for the review of each information collection request before it is submitted to the Director of the Office of Management and Budget (OMB) for approval. Title IV: Enhancing Government Responsibility and Accountability for Reducing the Burden of Federal Paperwork - Makes the OMB Director responsible for ensuring that all information collection requests display an estimate of the paperwork burden for each response. Requires OMB procedures in order for agencies to estimate the burden to comply with proposed collections of information. Require coordination with the Office of Federal Procurement Policy to eliminate paperwork burdens associated with procurement and acquisition. Requires OMB pilot projects to test approaches to improve information management practices and related activities. Reduces the time afforded the OMB Director for approving a routine agency request to collect information. Provides for greater participation by the public and Federal agencies in the review of proposed paperwork burdens generated by agency information requests. Requires the OMB Director to make publicly available any decision to disapprove a collection of information requirement contained in an agency rule, together with the reasons for such decision. Provides protection for whistleblowers of unauthorized Federal paperwork burdens. Provides for expedited OMB review of an agency information request with a reduced paperwork burden. Title V: Additional Government Information Management Responsibility - Revises the statistical policy and coordination functions of the OMB Director. Requires the OMB Director to: (1) establish an interagency working group on statistical policy, consisting of the heads of the agencies with major statistical programs, to coordinate agency statistical activities; and (2) provide training in the statistical policy functions of the chief statistician to Federal employees. Provides for Government-wide standards for sharing public information. Requires the OMB Director to develop a plan for meeting the automatic data processing needs of the Federal Government in accordance with the Act and certain requirements of the Federal Property and Administrative Services Act of 1949. Requires the OMB Director to make the Federal Information Locator System available on electronic media to Federal agencies and the public. Requires the OMB Director's annual report to the Congress to list any increased Federal paperwork burdens and describe each agency's plans to implement the applicable policies, standards, and guidelines under the Act. Title VI: Effective Dates - Sets forth the effective dates for this Act.
United States · United States Congress · 22 May 1991
Urges the Government of Iran to extend to the Baha'i community the rights guaranteed by the Universal Declaration of Human Rights and other international agreements to which Iran is a party. Calls upon the President to continue to: (1) urge the Government of Iran to emancipate the Baha'i community by granting such rights; (2) emphasize that the United States regards the human rights practices of such Government, particularly its treatment of the Baha'is and other religious minorities, as a significant element in the development of U.S.-Iranian relations; and (3) cooperate with other governments and international organizations in efforts to protect the religious rights of the Baha'is and other minorities in Iran.
United States · United States Congress · 21 May 1991
Condemns the murder of former Prime Minister Rajiv Gandhi and others in the bomb explosion on May 21, 1991. Expresses regret over the deaths of Gandhi and other victims of election violence in India. Offers condolences to Gandhi's widow and children and to the people of India. Stands in solidarity with the Indian people in their effort to sustain the most successful democratic tradition in the developing world.
United States · United States Congress · 9 May 1991
Declares that any proposed legislation which would require mail-order companies to collect out-of-state sales taxes should be rejected.