United States · United States Congress · 5 January 1993
Freedom of Choice Act of 1993 - Provides that a State may not restrict the right of a woman to choose to terminate a pregnancy: (1) before fetal viability; or (2) at any time, if such termination is necessary to protect the life or health of the woman. Allows a State to impose requirements medically necessary to protect the life or health of such women. Declares that this Act shall not be construed to prevent a State from: (1) requiring minors to involve responsible adults before terminating a pregnancy; and (2) protecting individuals from having to participate in abortions to which they are conscientiously opposed.
United States · United States Congress · 5 January 1993
Directs the Administrator of the Environmental Protection Agency (EPA) to establish an office in a community in the United States located: (1) not more than ten miles from the border between the United States and Mexico; and (2) as close as practicable to the point that is halfway between San Diego, California, and Brownsville, Texas. Provides that the head of such office shall be the Regional EPA Administrator for the region. Directs the EPA Administrator to delegate to the Regional Administrator functions relating to: (1) administering EPA activities in such region; and (2) coordinating, and cooperating with the Government of Mexico in the implementation of, EPA programs relating to transboundary hazardous waste and air, soil, and water quality problems.
United States · United States Congress · 5 January 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 · 15 September 1992
Managed Competition Act of 1992 - Title I: Managed Competition in Employer-Based Health Plans: Incentives to Control Costs - Subtitle A: Use of Tax Incentives to Purchase Cost Effective Plans - Amends the Internal Revenue Code to impose an excise tax on the excess health plan expenses of employers. Allows a full and permanent deduction for the health plan premium expenses of self-employed individuals, except with respect to excess health plan expenses. Excludes from gross income contributions by a partnership or S corporation to an accident or health plan covering its partners or shareholders. Subtitle B: Health Plan Purchasing Cooperatives (HPPCs) - Provides for the establishment of health plan purchasing cooperatives as not-for-profit corporations in or among States to: (1) enter into agreements with accountable health plans; (2) enter into agreements with small employers; (3) enroll individuals in accountable health plans; (4) receive and forward adjusted premiums, including the reconciliation of low-income assistance among such plans; and (5) coordinate and carryout other functions as required by this title. Subtitle C: Accountable Health Plans (AHPs) - Sets forth requirements for accountable health plans with respect to: registration and qualifications, uniform benefits, cost-sharing for low-income individuals, standardized information, prohibition of discrimination based on health status, standard premiums, financial solvency, grievance mechanisms, and coordinating benefits. Preempts State laws for accountable health plans. Subtitle D: National Health Board - Establishes a National Health Board to: (1) specify a uniform set of effective benefits by October 1, 1993; (2) provide for an advisory Health Benefits and Data Standards Board and a Health Plan Standards Board; (3) register accountable health plans; (4) establish rules for the process of risk-adjustment premiums; (5) establish standards for a national health data system; (6) measure the quality of care in specialized centers; and (7) make specified reports to the Congress. Subtitle E: Treatment of Areas of Ineffective Competition - Authorizes States to develop plans for controlling growth in premiums of accountable health plans where there is ineffective price competition. Subtitle F: Repeal of COBRA Continuation Requirements - Repeals provisions of the Internal Revenue Code, the Employee Retirement Income Security Act of 1974, and the Public Health Service Act with respect to continuation coverage requirements of group health plans. Subtitle G: Definitions - Provides definitions for terms under this title. Title II: Low-Income Assistance for Health Coverage - Subtitle A: Low-Income Assistance - Provides assistance to low-income individuals enrolled under accountable health plans who are not eligible for Medicare through adjustments of premiums, cost-sharing assistance, and payments for certain items and services. Subtitle B: Long-Term Care Phase-Down Assistance to States - Phases down assistance to States for long-term care from 1994 through 1997. Subtitle C: Financing - Repeals the dollar limitation on the amount of wages subject to the hospital insurance tax. Subtitle D: Repeal of Medicaid Program - Repeals title XIX (Medicaid) of the Social Security Act. Requires the National Health Board to report to the Congress on changes in the laws needed to conform to such repeal. Title III: Improved Access in Rural and Underserved Areas - Amends the Public Health Service Act to extend authorizations of appropriations for migrant health centers, community health centers, scholarship and loan repayment programs of the National Health Service Corps, and area health education centers. Title IV: Preventive Health and Personal Responsibility Subtitle A: Expansion of Public Health Programs - Extends authorized appropriations for: immunizations against vaccine preventable diseases, lead poisoning prevention, preventive health measures with respect to breast and cervical cancers, health information and health promotion, and preventive health and health services block grants. Provides for the use of appropriated funds for the prevention, control, and elimination of tuberculosis and for grants for early intervention regarding acquired immune deficiency syndrome (AIDS). Authorizes appropriations for programs regarding the smoking of tobacco products. Subtitle B: Expansion of Medicare Coverage of Preventive Services - Amends title XVIII (Medicare) of the Social Security Act to provide for coverage for colorectal screening, certain immunizations, well-child care, annual mammography screenings, and certain additional benefits. Title V: Malpractice Reform - Subtitle A: Findings; Purpose; Definitions - Sets forth congressional findings with respect to the need for malpractice reforms. Subtitle B: Grants to States for Alternative Dispute Resolution Systems - Authorizes the Secretary of Health and Human Services to make grants to States for a two-year period for the implementation and evaluation of alternative dispute resolution systems. Sets forth eligibility requirements for States seeking such grants and standards and regulations for such program. Subtitle C: Uniform Standards for Malpractice Claims - Establishes uniform standards for health care liability actions brought in a Federal or State court and to medical malpractice claims subject to an alternative dispute resolution system, except in the case of an injury arising from the use of a medical product. Subtitle D: Liability Protections for Federally-Supported Health Centers - Provides liability protection for physicians or other licensed or certified health care practitioners deemed to be employees of the Public Health Service. Requires the Attorney General to report to the Congress on medical malpractice liability claims arising under this subtitle. Title VI: Paperwork Reduction and Administrative Simplification - Preempts State laws that require medical or health insurance records to be maintained in written, rather than electronic form. Requires the National Health Board to ensure the confidentiality of electronic health care information and establish standardization for the electronic receipt and transmission of health plan information. Requires the Board to establish goals and time frames for: (1) the use of uniform health claims forms and identification numbers; (2) achieving uniformity in determining the liability of insurers when benefits are payable under two or more health plans; and (3) achieving uniformity in the availability of information among health plans when benefits are payable under two or more health plans. Amends the Internal Revenue Code to impose a tax on the administrator of a health plan for failure to satisfy certain health plan requirments.
United States · United States Congress · 11 August 1992
Health Insurance Purchasing Cooperatives Act - Mandates grants to States for the administrative costs of planning and implementing coordinated buying programs through which small employers may purchase employee health insurance. Requires that the programs be the sole mechanism for small employers to purchase such insurance. Requires that a State program provide each small employer in the State access to health insurance for its employees and their dependents through one or more Health Insurance Purchasing Cooperatives, each covering a defined geographic district. Sets forth Cooperative duties, including issuing contracts and administering all aspects of coverage for all small employers within the district. Waives Federal and State antitrust laws. Authorizes appropriations. Establishes the National Health Board. Requires the Board to establish Coordinated Buying Program Precepts setting forth certain criteria, including regarding a uniform data system, collection of outcomes data, and determining minimum benefit requirements. Authorizes appropriations. Requires the Board to establish minimum benefit requirements for plans offered through Cooperatives, including inpatient and outpatient hospital care and physician services, diagnostic tests, prenatal and well-baby care, preventive and early intervention services, and certain inpatient and outpatient mental disorder services. Allows managed care and different levels of payments for different providers. Requires the Board to establish minimum benefit requirements for two additional health benefit plans providing more extensive or more innovative benefits. Amends provisions of the Public Health Service Act relating to health maintenance organizations (HMOs) to exempt from those provisions HMOs that provide services meeting the requirements under this Act. Establishes the National Health Insurance Data System, consisting of: (1) a National Data Base for Health Insurance and Health Outcomes Information; (2) no more than five Regional Health Insurance Data Centers; and (3) an electronic health insurance and outcomes data processing mechanism. Requires the Board to: (1) establish uniform billing and claims forms and mandatory reporting requirements; and (2) require carriers to issue to each participant an electronic processing card containing certain information on financial, administrative, and health outcomes matters. Authorizes appropriations. Amends the Internal Revenue Code to allow a deduction to self-employed individuals of 100 percent of the amount paid for health insurance purchased through a Cooperative. Retains current provisions allowing a deduction of 25 percent of the amount paid for health insurance not purchased through a Cooperative. Removes provisions ending, on a specified date, deductibility of health insurance payments by self-employed individuals.
United States · United States Congress · 11 August 1992
Preventing Our Kids from Inhaling Deadly Smoke (PRO-KIDS) Act of 1992 - Prohibits, notwithstanding any other provision of law, any Federal funds or financial assistance from being provided to or used by any person for services for children under five without an enforced policy prohibiting smoking in each portion of an indoor facility used for the services, with exceptions only for portions in which the services are not normally provided to children and that are ventilated separately. Allows waivers in certain circumstances.
United States · United States Congress · 22 July 1992
Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act (SSA) to provide for findings of presumptive disability under such title in the same manner and to the same extent as are currently applicable under SSA title XVI (Supplemental Security Income). Amends SSA title XVI to provide that any individual who receives a benefit under SSA title II on the basis of presumptive disability shall be deemed for purposes of SSA title XIX (Medicaid) to be a recipient of a benefit under SSA title XVI in any case in which he or she would be eligible for such benefit under SSA title XVI if the amount of such benefit under SSA title II were disregarded.
United States · United States Congress · 9 July 1992
Children's Initiative - Family Preservation Act of 1992 - States that titles I through V of this Act may be cited as the Family Preservation Act of 1992 - Title I: Child Welfare Services - Amends part B (Child Welfare Services) of title IV of the Social Security Act (SSA) to create a capped entitlement program to provide child welfare services designed to strengthen and preserve families. Provides for allotments, reallotments, and payments to States of entitlement funds. Requires use of part of such funds to develop or expand specialized child welfare service programs for families in crisis due to substance abuse. Requires uses of remaining funds to develop or expand certain family and child service programs. Repeals provisions for incentive payments to States which maintain a foster care inventory, information system, and case review system; but requires States to provide such protections and other services designed to keep families together or reunify them, or to place children for adoption, with a legal guardian, or in some other planned, permanent living arrangement. Requires States to submit the following types of reports on child welfare services and expenditures: (1) pre-expenditure reports; (2) post-expenditure reports; and (3) comparative financial contributions reports. Requires the Secretary of Health and Human Services to transmit to specified congressional committees annual summaries of the information in such comparative financial contributions reports. Requires such information to be made available to the public. Reserves entitlement funds for grants to State court systems to assess and improve procedures in child welfare cases in carrying out parts B and E (Foster Care and Adoption Assistance) of SSA title IV. Sets forth application requirements and formulas for determining the amount of such grants for FY 1994 through 1998. Directs the HHS Secretary to submit interim and final reports to the Congress on the information obtained from assessments conducted with such grants and the impact of such grant program on State court procedures and functions. Requires each State to compile periodically a detailed directory of programs designed to keep families together or reunify them or place children permanently, identifying which of such programs provides specialized child welfare services to families in crisis due to substance abuse. Requires States to report on measures taken to comply with the Indian Child Welfare Act. Title II: Foster Care And Adoption Assistance - Amends SSA title IV to add a new part C, Comprehensive Service Projects to grant States flexibility and resources to develop comprehensive and coordinated services designed to: (1) preserve and strengthen families with children at risk of placement outside their homes; (2) reunite children with their families expeditiously if an out-of-home placement is found to be necessary; and (3) place children in adoptive homes or other permanent arrangements in a timely fashion if reunification with their families is not appropriate. Permits any State to apply to the HHS Secretary for permission to: (1) conduct a comprehensive service project in a selected area or areas; and (2) suspend certain child welfare services and foster care and adoption assistance requirements with respect to State activities in such area or areas during the project. Sets forth application requirements and administrative provisions for such projects. Prohibits the HHS Secretary from requiring as a condition of approval of a project application: (1) the State to select any area or areas in which to conduct the project; or (2) the project to comply with any requirements not specified in the project authorization. Sets forth those requirements with which such a project must comply. Provides for determining the expenses for which a State might properly seek reimbursement, for purposes of calculating such grant amount. Authorizes the HHS Secretary to increase such grant amount, to the extent appropriate, by taking specified factors into account. Sets forth requirements for notification to States of grant amounts, and for grant payments in equal quarterly installments. Prohibits a State from carrying out such a project in a manner that impairs the entitlement of any child to: (1) the foster care benefits he or she would have receive if the HHS Secretary had approved the State plan and had not authorized the State to conduct such a project; or (2) any other benefit to which the child is legally entitled. Deems a State to have in effect an approved foster care and adoption assistance plan during the period in which it conducts such a project for purposes of State plan requirements under part A (Aid to Families with Dependent Children) (AFDC) of SSA title IV. Requires States to report annually on project funds expended to the HHS Secretary and the Advisory Commission on Children and Families. Provides for administrative remedies for unsuccessful projects. Provides for project termination. Makes abandoned children entering foster care eligible for foster care maintenance payments. Makes the adoptive parents of any such child with respect to whom foster care maintenance payments may be made eligible for adoption assistance payments. Makes technical revisions to the foster care maintenance payments program and the adoption assistance program to expand the removal from home requirement to include removal from legal custody. Provides for retroactive application of such new requirement under the adoption assistance program. Makes children whose adoption has been set aside by a court eligible for foster care maintenance payments. Makes the adoptive parents of any such child with respect to whom foster care maintenance payments may be made eligible for adoption assistance payments. Establishes a respite care program for foster parents with children who have special needs. Limits the expenses eligible for reimbursement under such program. Expands the definition of children with special needs, for purposes of the adoption assistance program, to include: (1) those children for whom information is known and available about their genetic or social history indicating a high risk of medical conditions or physical, mental, or emotional handicaps which makes it reasonable to conclude that they cannot be placed for adoption without providing part E adoption assistance or Medicaid (SSA title XIX) medical assistance; and (2) those children that have been adopted, that were under the care and responsibility of the State agency responsible for administering the State's part E programs immediately before adoption, and that have a mental, physical, or emotional handicap that either existed before the adoption but was not diagnosed until afterwards, or first manifests itself after the adoption but is congenital or was caused beforehand. Extends to relatives (as well as foster parents) who are prospective adoptive parents, and with whom the child has significant emotional ties while in their care, the exception to the requirement that an effort be made to place special needs children with appropriate adoptive parents without providing adoption or Medicaid assistance. Requires each State to submit to the HHS Secretary the factors and conditions it uses to identify children with special needs for purposes of the adoption assistance program, and any modifications to such factors and conditions. Directs the HHS Secretary to establish an Advisory Committee on Foster Care Placement to study and report to the Secretary and the Congress on the implementation of specified requirements, under State plans for foster care and adoption assistance, that reasonable efforts be made: (1) before placement of a child in a foster home, to prevent or eliminate the need for removal of the child from the child's home; and (2) to make it possible for the child to return to the child's home. Provides Federal coverage of 90 percent of State costs in developing and installing certain statewide mechanized data collection and information retrieval systems. Covers 50 percent of State costs for operation of such systems. Provides that all State expenditures for development, installation, and operation of such systems shall be treated as necessary for proper and efficient administration of the State plan, without regard to whether the systems may be used with respect to foster or adoptive children other than those on behalf of whom payments may be made for foster care maintenance or adoption assistance. Reduces, after three years, from 90 to 50 percent the Federal matching payment for development and installation of such systems. Defers a deadline for implementation of automated systems until one year after certain regulations are promulgated. Directs the Secretary to establish a work group to advise on planning and implementation of the system to be used for collection of data relating to adoption and foster care in the United States. Requires the State plan to provide for: (1) a triennial review of the amounts paid as foster care maintenance payments and adoption assistance to assure their continuing appropriateness; and (2) a report to the HHS Secretary on the results. Sets forth requirements concerning dispositional hearings to determine the final status of a foster child. Revises the time frame for judicial determinations on voluntary placements. Sets forth case plan requirements for placement of children in out-of-State foster care. Requires annual review, with the child present, of the status of children in out-of-State foster care placements. Requires States to collect data on the numbers of children in out-of-State foster care placements. Requires a State, in order to receive payments for expenditures after FY 1994 for foster care maintenance payments made with respect to children placed in foster care outside the State, to conduct and submit a study to the HHS Secretary, by the end of such fiscal year, identifying the number and common characteristics of such children and the reasons why they were not placed in foster care in the State. Provides for the treatment of assets of youth participating in the independent living program. Eliminates the ceilings on Federal foster care payments to States and the State's authority to transfer unused foster care funds to child welfare services programs. Directs the HHS Secretary to: (1) establish an advisory committee; and (2) issue final regulations for training of staff of agencies responsible for administering foster care and adoption assistance programs, and for training of foster care and adoptive parents. Directs the Secretary annually to publish information, on a State-by-State basis, on expenditures for, and the operation of, the Child Welfare Services program, the Foster Care and Adoption Assistance program, and Comprehensive Service Projects. Amends SSA title IV to add a new part G, Child Welfare Review System. Directs the HHS Secretary to establish such system to: (1) review each State child welfare program to assess whether the requirements of the Act are being carried out; (2) impose financial penalties in cases of substantial failure to comply; and (3) provide technical assistance to any such program. Sets forth provisions relating to effects of noncompliance, suspension and rescission of financial penalties, and administrative and judicial review. Requires that all State child welfare programs be reviewed at least once by the end of FY 1997. Prohibits the Secretary from reducing or withholding any payment, or seeking any repayment from any State under part B or E, by reason of a determination made in connection with specified reviews or audits for certain periods. Prohibits suspension of payments with respect to any claim for reimbursement 30 days after the HHS Secretary receives the quarterly statement of expenditures that contains the report of the claim. Provides that within ten months after the Secretary takes any action to suspend payment with respect to such a claim, the Secretary shall: (1) determine the allowability of the claim; or (2) if unable to make such a determination, make payment with respect to the claim, subject to a later determination of allowability. Title III: Social Services Block Grant - Amends SSA title XX (Block Grants to States for Social Services) to authorize increased appropriations for title XX programs. Provides for the allocation to tribal organizations of program funds otherwise allotted to the State in which the Indians represented by such an organization reside. Title IV: Research, Demonstration, and Evaluation Activities - Amends part A (General Provisions) of SSA title XI to require the Director of the Office of Technology Assessment (OTA) to establish an Advisory Commission on Children and Families. Requires the Commission to collect and assess specified types of information in order to identify cost-effective approaches to protect and enhance the physical, mental, emotional, and financial well-being of children and their families. Directs OTA to report annually to the Congress on the Commission and its assessment. Requires the Commission to conduct, through contracts with independent research organizations, the following research and evaluation projects: (1) the evaluation of child welfare service programs, including intensive family preservation programs; (2) foster care evaluations; (3) longitudinal child welfare data bases, and studies of child welfare population dynamics; and (4) comprehensive service projects evaluations. Requires the Commission to study child separation guidelines. Directs the HHS Secretary to conduct the following research and evaluations: (1) a study (under contract with an independent research organization) to assess the prevalence and nature of risks to the safety of employees of child welfare systems; and (2) a three-year study (under contract with an organization with demonstrated appropriate experience) to examine methodologies for measuring the workloads of providers of child welfare services and community mental health services. Directs the HHS Secretary to make grants to States or localities for child welfare demonstration projects concerning abandoned child permanent placement. Directs the HHS Secretary to authorize eligible institutions to conduct demonstration projects to train eligible individuals to deliver culturally sensitive and bilingual child welfare services in U.S. areas that border on Mexico. Directs the HHS Secretary to make grants to eligible institutions to conduct projects to train eligible institutions to deliver culturally sensitive and bilingual welfare services in urban centers which have a high proportion of historically unserved or underserved populations. Authorizes the HHS Secretary to make grants to State or local government agencies to conduct demonstration projects designed to: (1) develop and implement innovative recruitment or retention strategies for trained staff in public and private nonprofit agencies working with children and adolescents at risk of being placed in foster care; and (2) test the effect of joint training programs for the staff of child welfare, mental health, and juvenile justice agencies, and for judicial personnel and judges. Authorizes the HHS Secretary to conduct demonstration projects designed to test the feasibility of eliminating income and resource requirements respecting foster care and adoption assistance payments. Directs the HHS Secretary to provide technical assistance to States for: (1) interpreting and implementing parts B, C, and E; (2) disseminating information on innovative child welfare agencies; (3) correcting problems identified through Federal audits and reviews and carrying out corrective action plans under part E; (4) implementing the foster care and adoption data collection system; and (5) addressing other matters identified by the HHS Secretary. Title V: Miscellaneous Human Resources Amendments - Amends the AFDC program to give States the option of using retrospective budgeting without monthly reporting under AFDC. Increases the amount of stepparent income disregarded under AFDC. Amends the Family Support Act of 1988 to extend demonstration projects for evaluating model procedures for reviewing child support awards. Amends the Omnibus Budget Reconciliation Act of 1989 and the Omnibus Budget Reconciliation Act of 1990 to make technical corrections relating to human resource and income security provisions. Title VI: Childhood Hunger Relief - Mickey Leland Childhood Hunger Relief Act - Subtitle A: Ensuring Adequate Food Assistance - Amends the Food Stamp Act of 1977 to remove the excess shelter deduction cap for purposes of food stamp program eligibility. (Sets forth transitional caps through 1996.) Eliminates food stamp reductions for households reapplying for program reinstatement within 30 days. Excludes 100 percent (currently only a specified portion) of third party payments for transitional housing for the homeless from consideration as program income. Increases funding for the nutrition assistance program in Puerto Rico. Excludes general assistance vendor payments from consideration as program income. Excludes the income of high school students from consideration as program income. (Current law excludes income until a student's eighteenth birthday.) Subtitle B: Promoting Self-Sufficiency - Excludes from consideration as program income: (1) the first $50 a month received as child support; and (2) child support payments to non-household members. Increases annually the fair market value limit of vehicles that program recipients may own. Subtitle C: Simplifying the Provision of Food Assistance - Permits related adults living in the same household to apply for separate program benefits under specified conditions. Repeals provisions authorizing benefit reductions due to insufficient funding. Subtitle D: Commodity Distribution to Needy Families - Amends the Emergency Food Assistance Act of 1983 to provide for increased allotments in FY 1993 for commodity purchases under the emergency food assistance program. Subtitle E: Implementation and Effective Dates - Sets forth the effective dates for provisions of this title. Title VII: Funding - Amends the Internal Revenue Code to impose a surtax on individuals with incomes over $1,000,000.
United States · United States Congress · 9 July 1992
Supports the planting of 500 redwood trees from California on the northwest coast of Spain in commemoration of the quincentenary of the voyage of Christopher Columbus to the New World. Designates such trees as a gift to the people of Spain made in the name of the people of the United States.
United States · United States Congress · 25 June 1992
Designates the Department of Veterans Affairs medical center in Marlin, Texas, as the Thomas T. Connally Department of Veterans Affairs Medical Center.
United States · United States Congress · 24 June 1992
Directs that, in the administration of any benefits program established by or under Federal law which requires the use of data obtained in the most recent decennial census, the 1990 adjusted census data be considered the official data for such census.
United States · United States Congress · 23 June 1992
Open Space Preservation Act of 1992 - Amends the Internal Revenue Code to exclude from the gross estate tax the value of land subject to a qualified conservation easement (less the amount of any indebtedness secured by such land). Includes in the gross estate tax the value of each development right retained by the donor in the conveyance of the easement. Makes such tax due upon the disposition of the property. Provides that such land subject to the exclusion will have a carryover basis for purposes of determining gain or loss. Excludes from the gift tax transfers by gift of land subject to a conservation easement (other than development rights retained by the donor of such easement). Defers the reduction in certain estate tax rates after 1993 and before 1998.
United States · United States Congress · 18 June 1992
Gulf of Mexico Environmental and Economic Restoration and Protection Act of 1992 - Expresses the sense of the Congress with respect to environmental restoration of the Gulf of Mexico. Establishes a program for protection and preservation of the economic and environmental resources of the Gulf, to be known as the Gulf of Mexico Program. Directs the Administrator of the Environmental Protection Agency (EPA) to establish a Gulf of Mexico Program Office within EPA. Establishes a Gulf of Mexico Executive Board to: (1) prepare and update a joint plan for the Federal, State, interstate, local, and nongovernmental development of economic, ecological, and aesthetic resources of the Gulf and protection of the ecosystem; (2) develop long-range schedules for the collection and analysis of data and for planning and completion of projects in the Gulf and surrounding areas; and (3) approve and fund studies of economic, ecological, and aesthetic resource problems in the Gulf and surrounding areas. Sets forth required contents of the plan and requires the Administrator to submit the plan to the Congress. Provides for State cost-sharing of Gulf restoration activities. Requires the Administrator to award grants for the conduct of research to develop baseline scientific data regarding environmental quality of the Gulf for use in evaluating and implementing the plan. Authorizes grants to be awarded to any Gulf State agency, non-profit research organization, or university which meets eligibility requirements. Sets forth grant proposal, application, and cost-sharing requirements. Authorizes and allocates appropriations.
United States · United States Congress · 27 May 1992
Title I: Targeting Habitual Repeat and Violent Criminal Offenders - Subtitle A: Expanding the Capacity of State Correctional Facilities - Authorizes the Director of the Bureau of Justice Assistance (the Director) to make grants to States to construct additional correctional facilities for the purpose of increasing prison capacity to make habitual and violent criminal offenders serve the full term of their sentences. Specifies that such construction should aim to provide sufficient capacity to incarcerate such offenders who exhibit a high risk for continued or violent criminal activity for such terms, including individuals: (1) with three or more arrests by age 18; (2) with a history of violent criminal offenses; and (3) exhibiting a pattern of crimes of premeditation and deliberation for whom a prison stay may have a significant deterrent value. Sets forth application requirements. Directs that each State application include a comprehensive plan containing: (1) a description of the correctional facility needs in the State, including relevant supporting data; (2) a description of the resources available to build additional correctional facility capacity, together with an account of the expenses involved that cannot be met with existing resources at the State and local levels; (3) an explanation of how the State will be able to sustain the increased operation and maintenance costs of expanded correctional facility capacity without Federal assistance in the long term; and (4) an evaluation component, including quantifiable data, that measures progress toward meeting the prison capacity goals under this subtitle. Sets forth provisions regarding: (1) fund allocation; (2) grant renewal and limitations; and (3) grant approval and disapproval procedures. Authorizes appropriations. Subtitle B: Major Offenders Programs - Authorizes the Director to make grants to States, for use by the States and units of local government, for purposes of developing and increasing the capacity and the effectiveness of major offenders programs that prioritize the arrest and prosecution of habitual and violent criminal offenders. Specifies that such programs shall include: (1) establishment or expansion of specialized major offender units in law enforcement and criminal prosecutor offices to identify, monitor, arrest, and prosecute major offenders; (2) establishment or expansion of a State crime information center computer database to include the complete arrest histories of major offenders and other relevant information for use by law enforcement officers and criminal prosecutors; and (3) create programs and pilot programs that foster cooperation between law enforcement and criminal prosecution offices in arresting and prosecuting major offenders. Sets forth application requirements. Directs that each State application include a comprehensive plan containing: (1) a description, with supporting data, of the crime problems attributable to major offenders that improved law enforcement and prosecution programs may be able to decrease; (2) a description of the resources available to implement or expand major offenders programs; and (3) an evaluation component. Sets forth provisions regarding: (1) local applications; (2) fund allocation; (3) grant renewal and limitations; and (4) grant approval and disapproval procedures. Authorizes appropriations. Title II: Reducing Criminal Recidivism - Subtitle A: Alternative Sentencing Program Grants: Targeting Nonviolent and Nonrepeat Criminal Offenders - Authorizes the Director to make grants to States, for use by States and units of local government, to develop and increase the capacity and the effectiveness of alternative programs that target the reform of nonviolent and nonrepeat criminal offenders. Directs that alternative methods ensure the certainty of punishment for such offenders who, in the assessment of the State and local courts, can be punished more effectively in an environment other than a traditional correctional facility, including: (1) correctional options, such as community-based incarceration, weekend incarceration, and electronic monitoring of offenders; (2) community service programs that provide work service placement for young offenders; and (3) innovative methods and pilot projects that address the problems of young offenders convicted of serious substance abuse and gang-related offenses, including technical assistance and training to counsel and treat such offenders. Sets forth application requirements. Directs each State application to include a comprehensive plan containing: (1) a description of the alternative programs needed to combat recividism and reduce prison overcrowing, as well as an assessment of the expected decrease in area crime problems due to the availability of alternative sentences, including relevant supporting data; (2) a description of the resources available to implement such programs; and (3) an evaluation component. Sets forth provisions regarding: (1) fund allocation; (2) grant renewal and limitations; and (3) grant approval and disapproval procedures. Authorizes appropriations. Subtitle B: Parole System Fortification - Authorizes the Director to make grants to States, for use by States and units of local government, to increase the capacity and effectiveness of parolee monitoring and drug testing. Specifies that grant applications should ensure the improved effectiveness of supervisory release programs in reducing recidivism, including programs that: (1) increase the number of parole officers, reducing the ratio of officers to parolees; (2) establishing or expanding a parolee release and information computer network; (3) establishing or expanding drug treatment, rehabilitation, and testing programs for parolees with a history of drug abuse and serious criminal activity; and (4) innovative methods or pilot projects that use parole officers as agents in the prevention of parolee recidivism and that increase cooperation between police and parole officers. Sets forth application requirements. Directs each State application to include a comprehensive plan containing: (1) a description of the parole system needs, and local crime problems attributable to the release of parolees, including relevant supporting data; (2) a description of the resources available to address parolee needs; and (3) an evaluation component. Sets forth provisions regarding: (1) local applications; (2) fund allocation; (3) grant renewal and limitations; and (4) grant approval and disapproval procedures. Authorizes appropriations. Title III: Ending the Double Victimization of Society - Subtitle A: Denial of Federal Benefits - Makes any individual who is convicted of three Federal or State felony offenses ineligible for any Federal benefits. Requires: (1) State and Federal courts to send information, as determined necessary by the Director of the Office of Justice Assistance, regarding the conviction of third-time felons to such Office in a timely manner; (2) such Office to maintain a computer listing of individuals convicted of a third Federal or State felony offense and update such list in a timely manner; (3) such Office to transfer the names of such individuals to the General Services Administration for inclusion in the publication "Lists of Parties Excluded from Federal Procurement or Nonprocurement Programs"; and (4) representatives of a Government agency that is responsible for the distribution of a Federal benefit to consult such publication before granting such benefit. Authorizes appropriations. Subtitle B: Prison Work Programs - Amends the Omnibus Crime Control and Safe Streets Act of 1968 to require a State, in order to avoid a reduction of available funds by 25 percent (for redistribution to other participating States), to implement or continue a prison workfare program that requires an inmate who is physically able (as determined by the State Director of Corrections) to work a portion of each day. Title IV: Community Policing Programs - Subtitle A: Community Policing - Authorizes the Director to make grants to States, for use by States and community groups, to develop or expand community policing and crime prevention programs. Sets forth provisions regarding: (1) State and local application requirements; and (2) grant renewal and limitations. Permits community group grant recipients to use such funds for the recruitment of new members, administrative expenses, equipment acquisitions, and community education programs. Authorizes appropriations. Subtitle B: Trust Fund for Community Policing - Amends the Internal Revenue Code to impose a tax, equal to 100 percent of the price for which sold, on taxable smoking paraphernalia manufactured in or imported into the United States. Increases the tax on cigarette papers. Establishes in the U.S. Treasury the Drug Prevention Trust Fund. Transfers to such Fund amounts equivalent to the net revenues received in the Treasury from such taxes. Specifies that amounts in the Fund shall be available, as provided in appropriation Acts, only for purposes of making expenditures to carry out the community policing program coordinated by the Director.
United States · United States Congress · 21 May 1992
Tax Extension Act of 1992 - Amends the Internal Revenue Code to extend from August 1, 1992, until August 1, 1993, the provisions governing the allocation of research and experimental expenditures for purposes of determining sources of income. Extends the following provisions from June 30, 1992, until December 31, 1993: (1) the tax credit for increasing research activities; (2) the targeted jobs credit; (3) the authority to issue qualified mortgage bonds and qualified mortgage credit certificates; (4) the authority to issue qualified small issue bonds to finance manufacturing facilities and farm property; (5) employer-provided educational assistance; (6) the tax exclusion for employer-provided group legal services plans; (7) the energy investment credit for solar and geothermal property; (8) the credit for clinical testing expenses for certain drugs for rare diseases or conditions; and (9) health insurance costs of self-employed individuals. Extends the low-income housing credit until December 31, 1993 with modifications. Expands the ten-year anti-churning rule waiver to certain projects substantially assisted, financed, or operated under the National Housing Act. Allows units occupied by certain full-time students to qualify for such credit. Authorizes the Treasury Department to waive penalties for certain de minimis errors and recertifications. Provides that certain community service facilities in projects in qualified census tracts are included in eligible basis as functionally related and subordinate facilities. Allows certain building owners to elect to use apartment size or family size in determining the credit's gross rent limitation. Provides for the tax treatment of resale price control and subsidy lien programs under mortgage revenue bond provisions. Repeals the tax preference for the appreciated property charitable deduction during 1992 and 1993. Requires a report by the Secretary of the Treasury to certain congressional committees on an advance valuation procedure.
United States · United States Congress · 21 May 1992
Designates February 21 through 27, 1993, as American Wine Appreciation Week. Commends the winegrape and fruit growers and vintners of the United States for the production of high quality agricultural products.
United States · United States Congress · 7 May 1992
Civil War Battlefield Commemorative Coin Act of 1992 - Directs the Secretary of the Treasury to issue a specified number of five-dollar gold coins, one-dollar silver coins, and half-dollar clad coins to commemorate the 100th anniversary of Civil War battlefield preservation. Sets forth certain features of such coins and provides for their design, issuance, and sale. Requires that all sales include a surcharge of $35 per coin for the five-dollar coins, $7 per coin for the one-dollar coins, and $1 per coin for the half-dollar coins. Requires that all surcharges be paid to the Civil War Battlefield Foundation for the preservation of historically significant Civil War battlefields.
United States · United States Congress · 9 April 1992
Federal Facilities Toxics Release Act - Amends the Emergency Planning and Community Right-To-Know Act to require Federal facilities that are subject to safety or chemical inventory reporting requirements under such Act or that manufacture or use a toxic chemical listed under such Act in excess of threshold amounts to comply with all Federal, State, and local requirements respecting emergency planning, notification, and reporting on substances covered by such Act. Waives sovereign immunity and the immunity of Federal employees for purposes of enforcement and injunctive relief. Authorizes the President to exempt a facility from requirements for one year if it is in the U.S. interest. Prohibits such an exemption due to lack of appropriations unless the President has specifically requested the appropriation as part of the budgetary process and the Congress failed to make it available. Authorizes additional exemptions for periods of up to one year. Permits the Administrator of the Environmental Protection Agency to commence administrative enforcement actions against Federal agencies pursuant to this Act. Authorizes appropriations. Directs the Administrator to study and report to the Congress on making chemicals used by Federal facilities subject to toxic chemical release form requirements under the Emergency Planning and Community Right-To-Know Act.
United States · United States Congress · 7 April 1992
Amends the Harmonized Tariff Schedule of the United States to suspend, through December 31, 1994, the duty on: (1) 3,5-dichloro-N-(1,1-dimethyl-2-propynyl)-benzamide (pronamide); and (2) mixtures of 3,5-dichloro-N-(1,1-dimethyl-2-propynyl)-benzamide (pronamide) with application adjuvants.
United States · United States Congress · 26 March 1992
Amends the Harmonized Tariff Schedule of the United States to extend through December 31, 1994, the suspension of duty on furniture seats and parts made of cane, osier, bamboo, or other similar materials, including rattan.
United States · United States Congress · 26 March 1992
Amends the Internal Revenue Code to specify the frequency of deposits of employment taxes (social security, railroad retirement, and withheld income taxes) by small and large depositors. Repeals a provision of the Railroad Retirement Solvency Act of 1983 to conform to this Act.
United States · United States Congress · 17 March 1992
Amends the Internal Revenue Code to allow corporate taxpayers with unused alternative minimum tax credits from prior years to use such credits against current-year alternative minimum tax liability. Establishes an ordering rule for applying such credit. Eliminates intangible drilling costs and percentage depletion as tax preference items for independent producers of oil and gas properties, with limitations. Declares that depreciation adjustments do not apply to environmental improvement assets.
United States · United States Congress · 5 March 1992
Medicare Geographic Data Accuracy Act of 1992 - Amends title XVIII (Medicare) of the Social Security Act to require the Secretary of Health and Human Services to consult with State medical societies in revising the geographic adjustment factors used to determine reimbursements for physician services under part B (Supplementary Medical Insurance) of Medicare. Requires the Secretary to base geographic-cost-of-practice indices under Medicare upon the most recent available data.
United States · United States Congress · 3 March 1992
Healthy Students - Healthy Schools Act - Directs the Secretary of Health and Human Services (HHS) to designate, within the Centers for Disease Control (CDC), a Healthy Students-Healthy Schools Office (HSHS Office). Requires the HSHS Office to assist State and local educational agencies (SEAs and LEAs) to: (1) develop and maintain comprehensive sequential school health education programs and curricula (based on a model framework) in all elementary and secondary schools in their jurisdiction; (2) train teachers in such health education; (3) integrate school, community-based, and public-private health promotion efforts; (4) provide nutritious school food services; and (5) encourage healthy, tobacco-free school environments. Requires the Office also to: (1) provide technical support to SEAs and LEAs concerning health education programs and curricula; (2) administer the Healthy American Schools grant program; (3) establish and maintain a national clearinghouse to disseminate school health education information; (4) assist States in coordinating school-based programs to progress toward relevant Healthy People 2000 (HP 2000) Objectives and Healthy Students-Healthy Schools Goals (Goals); (5) assist States in evaluating competency-based health education skills and physical fitness, and collecting and maintaining data on health behavior indicators (including absenteeism due to pregnancy and ill-health), to measure progress toward such Objectives and Goals; (6) assist the Secretary in preparing an annual report on the status of school health education in the United States; and (7) coordinate with other Federal school health education efforts. Amends the Elementary and Secondary Education Act of 1965 to transfer the Office of Comprehensive School Health Education (CSHE Office) from the Office of the Secretary (of Education) to the Office of Elementary and Secondary Education (also within the Department of Education). Directs the Secretary of Education to facilitate such transfer. Requires the CSHE Office to: (1) act as a liaison office for coordination of its own activities with related activities of the Department of HHS; and (2) expand its own school health education research grant programs. Establishes the Healthy Students-Healthy Schools Advisory Council. Requires the Advisory Council to: (1) establish the national Goals based on existing data and research (including the HP 2000 Objectives), identifying the activities required to meet them as well as the Federal agencies or individuals responsible for each goal; (2) review existing comprehensive school health education standards, programs, and curricula, evaluating federally-supported programs currently being implemented in schools; (3) develop a model framework for sequential comprehensive school health education program and curricula; (4) develop and incorporate model guidelines and evaluation mechanisms, including baseline data gathering, in the model framework; (5) provide scientific and technical advice developing and implementing all components of such programs; (6) recommend uniform methods to link Federal research findings with State and local implementation; and (7) advise the Secretary of HHS and other Federal agencies. Directs the Secretary of HHS to establish a Healthy Students-Healthy Schools Interagency task force, to be staffed by the Office of Disease Prevention and Health Promotion and composed of representatives of that Office and specified agencies. Requires the Assistant Secretary for Health, Public Health Service, and the Assistant Secretary of Education (Elementary and Secondary Education) to serve as co-chairpersons of the task force. Requires the task force to: (1) review and coordinate all Federal school health education efforts (including drug and alcohol abuse prevention education, HIV prevention education, physical fitness, school services, and nutrition); (2) provide scientific and technical advice on developing and implementing the model framework; (3) develop a consolidated grant application form and procedures for use with respect to all school health-related programs; and (4) advise and assist the HSHS Office and other Federal agencies. Directs the Secretary of HHS, with Advisory Council assistance, to: (1) foster the interaction and coordination needed among Federal, State, and local agencies, schools, the private sector, scientific communities, health professionals, parents, and students in order to create Healthy American Schools; (2) update progress toward the Objectives and the Goals by establishing in the schools a national monitoring system, to be SEA- and LEA-administered; (3) ensure timely implementation of activities and mechanisms to monitor and achieve such objectives and goals; and (4) report annually to appropriate congressional committees and the States. Provides for recognition of exemplary schools and evaluation of States that incorporate the Goals. Directs the Secretary of HHS, through the HSHS Office, to award grants to States and LEAs to assist schools in becoming Healthy American Schools that teach comprehensive sequential school health education programs using advanced technologies such as computer-based learning and innovative communication channels. Requires that every public elementary and secondary school be eligible to receive such assistance. Requires such grants to be used to establish and implement programs that meet the goals of the HSHS program, including programs of: (1) teacher training in sequential school health education and related in-service training; (2) healthy school environment standards; (3) personal health and fitness; (4) nutrition education and nutritious food services; (5) mental health wellness; (6) chronic disease prevention; (7) substance abuse prevention; (8) accident prevention and safety education; (9) community and environmental health; (10) family life education; (11) communicable disease prevention and control; (12) effective use of health service delivery systems; (13) development and aging; and (14) worksite health promotion. Sets forth grant application requirements including 25 percent matching funds by the State (or Indian tribe). Directs the Secretary of HHS to recognize annually with plaques and cash awards, those schools that epitomize the HSHS Goals established under this Act. Sets forth requirements for data collection, program evaluation, and annual reports by the Secretary of HHS to the appropriate congressional committees and the States. Directs the Secretary of the Interior, through the Bureau of Indian Affairs (BIA) and in cooperation with the Secretary of HHS, to develop and implement a program providing sequential comprehensive health education and physical education to students enrolled in elementary and secondary schools operated by or on behalf of the BIA. Sets forth program requirements for: (1) courses of instruction; (2) student participation; and (3) consultation with representatives of the Indian tribes, local educational and health personnel, and the Advisory Council. Requires the Secretary of the Interior to submit a program progress report to the Congress within one year after enactment of this Act. Authorizes appropriations. Requires that fiscal year appropriations for the Healthy American Schools grant program attain a specified minimum level before the Secretary of HHS may carry out any of this Act. Amends the Drug-Free Schools and Communities Act of 1986 to allow appropriations under it to be used in conjunction with the HSHS Program of any State, Indian tribe, LEA, or school, so long as substance abuse prevention is a major component.
United States · United States Congress · 27 February 1992
Prohibits a State, political subdivision, or agency or organization of two or more States (entities) from enacting or enforcing any law, rule, regulation, or standard relating to interstate or intrastate rates, routes, or services: (1) of a corporate compensated carrier not operating under the jurisdiction of the Interstate Commerce Commission (ICC); (2) involving transportation by a motor vehicle and driver leased by a shipper from a single source when certain conditions exist; and (3) of any transportation of property provided by motor vehicles leased, with or without drivers, from a motor private carrier, to the extent that such law, rule, regulation, or standard is in addition to, or more stringent than, the requirements for such operations established by the ICC. Prohibits such entities from enacting or enforcing any law, rule, regulation, or standard that: (1) prohibits or limits the ability of a person providing transportation to obtain a motor common carrier certificate or motor contract carrier permit to provide intrastate transportation of property, whether under the same corporate structure as the nontransportation primary business or as a separate transportation subsidiary, by virtue of the person's status as a nontransportation primary business, or that subjects such person to criteria that are not applied to a transportation business seeking the same authority to operate as a motor common or contract carrier; or (2) prohibits, limits, or places requirements on transportation services other than requirements for the safety of operations and minimum financial responsibility. Defines "dedicated contract driver" to mean a motor contract carrier that assigns vehicles management personnel drivers, and other related workers for the exclusive use of a contracting shipper.
United States · United States Congress · 27 February 1992
Tobacco and Nicotine Health and Safety Act of 1992 - Amends the Federal Food, Drug, and Cosmetic Act (FDCA) to create a new chapter on tobacco products. Makes unlawful the distribution of a tobacco product that presents risks to health: (1) to persons under the age of 18, or under the higher age limit set by the State involved; (2) if it is misbranded or adulterated as prescribed by this Act; or (3) as a free sample or by coupons or other discounting. Requires States to enact laws and promulgate regulations as necessary to ensure compliance. Authorizes the Secretary of Health and Human Services, if State enforcement is insufficient to comply with the age requirements of this Act, to impose requirements on the form, manner, and location of tobacco product sales in that State. Deems a tobacco product misbranded if: (1) its labeling is false or misleading in any particular; (2) its labeling fails to contain the statements required by the Cigarette Labeling and Advertising Act and the Comprehensive Smokeless Tobacco Health Education Act; (3) its labeling fails to contain the statement "Federal Law Prohibits Sale to Minors"; or (4) other requirements are not met. Allows the Secretary of Health and Human Services, by regulation, to require manufacturers to provide additional information to consumers through labeling, inserts, or other means. Allows the Secretary to modify the existing warning labels so long as the modifications do not weaken the health message in the warnings. Deems a tobacco product adulterated if: (1) the level of any tobacco additive is in violation of a requirement set under this Act; (2) the nicotine, tar, carbon monoxide, or other harmful constituent level has not been established under this Act; (3) it contains any added poisonous or deleterious substance that may render it injurious to health; or (4) other conditions are met. Requires manufacturers, importers, or packagers to provide the Secretary with a list of additives used in tobacco products. Authorizes the Secretary to establish public disclosure requirements for such additives. Requires the Secretary to test and establish the tar, nicotine, carbon monoxide, and other harmful constituent levels for each brand of tobacco product before such product may be lawfully sold. Authorizes the Secretary to make such information public. Directs the Secretary to report annually to the appropriate congressional committees on the use of tobacco additives and the levels of harmful constituents in tobacco products. Amends the Federal Cigarette Labeling and Advertising Act to change the required Surgeon General's warning messages. Deems to be a drug any product that contains nicotine but does not meet the FDCA definition of tobacco products.
United States · United States Congress · 11 February 1992
Designates April 14, 1992, as Education and Sharing Day, U.S.A., the birthday and the start of the 91st year of Rabbi Menachem Mendel Schneerson, leader of the worldwide Lubavitch movement.
United States · United States Congress · 22 January 1992
Amends the Emergency Unemployment Compensation Act of 1991 (Public Law 102-164) to add 13 weeks to the number of weeks of benefits payable under the emergency unemployment compensation program. Provides for a total number of weeks of such emergency benefits as follows: (1) 33 weeks (currently 20) in higher unemployment States (with a total unemployment rate of nine percent or higher or an adjusted insured unemployment rate of five percent or higher, for specified periods); and (2) 26 weeks (currently 13) for all other States. Extends to October 3, 1992, the expiration date of the emergency unemployment program (currently June 13, 1992). (Makes a conforming amendment extending provisions for unemployment insurance benefits for certain railroad workers during periods of high national unemployment.) Requires that the provisions of (and amendments made by) this Act be treated as emergency requirements designated by the President and the Congress under the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act). Requires that any amount of new budget authority, outlays, or receipts resulting from the provisions of (and amendments made by) this Act not be considered for any purpose under the Balanced Budget and Emergency Deficit Control Act of 1985.
United States · United States Congress · 22 January 1992
Expresses the sense of the Congress that the President should seek agreement with the European Community (EC) to a one-year suspension of U.S. and EC wheat and feed grains export subsidy programs.
United States · United States Congress · 26 November 1991
Directs the Secretary of Health and Human Services and the Secretary of Agriculture to jointly report to the President and the Congress on the differences in program rules under the food stamp program, Aid to Families with Dependent Children program (part A of title IV of the Social Security Act), and Medicaid program (title XIX of the Social Security Act) and how such rules could be made uniform. Requires coordination of such report with the report of the Advisory Committee on Welfare Simplification and Coordination.
United States · United States Congress · 26 November 1991
Amends the Internal Revenue Code to allow certain business entities to elect to use a fiscal year for tax purposes other than the required taxable year. Modifies provisions concerning required payments for such entities.
United States · United States Congress · 26 November 1991
Amends rule X of the Rules of the House of Representatives to require: (1) the Speaker of the House to nominate a Member of a standing committee for election by the majority party caucus to be chairman of such committee; and (2) the minority leader to nominate a Member of a standing committee for election by the minority party caucus as the ranking minority member of such committee. Requires the chairman or ranking minority member to be elected by the House from nominations submitted by the majority or minority party caucus if no nominee is elected according to such procedure. Prohibits a Member from serving as chairman or ranking minority member of a standing committee for more than four Congresses in any period of six successive Congresses, with specified exceptions.
United States · United States Congress · 22 November 1991
Expresses the sense of the House of Representatives that if the Croatian Government adheres in good faith to the terms of ceasefires negotiated by the European Community (EC) and if those parties conducting military operations against the Republic of Croatia refuse to comply, U.S. policy should be to: (1) consult promptly with the EC, other countries, and the United Nations (UN) on recognition requested by those republics (such as Slovenia and Croatia) that have declared their sovereignty and independence and have agreed to cooperate with EC efforts; (2) take steps to bring the United States into conformity with sanctions and other measures agreed to by the EC, and take positive compensatory measures towards parties cooperating with EC proposals; (3) offer other emergency humanitarian assistance to those republics in light of conflict taking place on their territories; (4) place the Republic of Serbia on notice that continued military action will cause the United States to support EC efforts to call for mandatory UN Security Council measures as a response to an act of aggression; (5) require a clear and binding commitment by authorities to protect the rights of minorities living within the borders mutually recognized by the republics and provinces of Yugoslavia in 1974 and seek their formal commitment to accept international inspection and, if necessary, arbitration to protect those rights; and (6) lend strong support to all EC and other international activities aimed at restoring peace.
United States · United States Congress · 21 November 1991
Taxpayer Bill of Rights Act of 1991 - Title I: Additional Safeguards to Protect Taxpayers' Rights - Subtitle A: Taxpayers' Advocate - Amends the Internal Revenue Code to establish in the Internal Revenue Service (IRS) the Office of Taxpayers' Advocate, headed by the Taxpayers' Advocate, appointed by the President, by and with the advice and consent of the Senate. Requires the Office to: (1) assist taxpayers in resolving problems with the IRS; (2) identify areas in which taxpayers have problems in dealings with the IRS; (3) propose changes in the administrative practices of the IRS to mitigate such problems; and (4) identify potential legislative changes which may be appropriate to mitigate such problems. Requires the Taxpayers' Advocate to annually report to specified congressional committees on Office activities. Requires the Commissioner of Internal Revenue to establish procedures requiring a formal response to all recommendations submitted to the Commissioner by the Taxpayers' Advocate. Authorizes the terms of a Taxpayer Assistance Order to require the Secretary of the Treasury to take certain actions (currently, only to cease or refrain from taking such actions). Subtitle B: Modifications to Installment Agreement Provisions - Requires prior notification to taxpayers under an installment agreement to pay tax liability before altering, modifying, or terminating such an agreement. Provides for administrative review of denials of requests for installment agreements. Suspends the failure to pay penalty during any period an installment agreement is in effect. Subtitle C: Interest - Extends from ten days to 21 days the period for which interest will not be imposed after notice and demand for payment, if such payment is less than $100,000. Provides for the abatement of interest in the case of an assessment due to the error or delay of an IRS managerial act. Increases the interest rate for overpayment of tax from two percent to three percent (making such rate equal to the interest rate for underpayment of tax). Waives interest on all overpayments refunded within 45 days after a return is filed. Subtitle D: Joint Returns - Requires separate deficiency notices in the case of a joint income tax return if the most recent data available to the IRS shows that such spouses did not file a joint return with each other. Allows the disclosure of collection activities to an individual requesting such information in the case of a joint return where such individual is no longer married to or resides in the same household as the other joint filer. Removes limitations on filing a joint return after filing separate returns. Subtitle E: Collection Activities - Authorizes the Secretary, if it is determined to be in the best interest of the taxpayer and the United States, to: (1) withdraw a notice of a lien; (2) return property that has been levied upon; and (3) offer compromises in civil or criminal cases. Requires the Secretary, at the request of the taxpayer, to make reasonable efforts to notify credit reporting agencies and financial institutions of such withdrawal notice. Subtitle E (sic): Erroneous and Fraudulent Information Returns - Requires payee statements to provide the phone number of the person providing payment. Establishes civil damages for the fraudulent filing of information returns. Requires the Secretary to take reasonable steps to corroborate the accuracy of an information return when making a determination of a deficiency by a third party, when such return is disputed by the taxpayer. Subtitle F: Modifications to Penalty for Failure to Collect and Pay Over Tax - Declares that a person shall not be liable for any penalty for failure to collect and pay over tax if such person: (1) is not a significant owner, or highly compensated employee of the trade or business; (2) notifies the Secretary within ten days after such failure; and (3) such notification was before any notice by the Secretary with respect to such failure. Requires the Secretary to disclose certain information where more than one person is liable for a penalty. Subtitle G: Awarding of Costs and Certain Fees - Repeals the "substantially justified" test for determining whether a taxpayer may recover costs and fees incurred as part of an administrative or court proceeding. Provides for the awarding of reasonable litigation or administrative costs to a prevailing party who represents himself in an administrative or court proceeding. Makes IRS employees personally liable in certain cases. Provides that any failure to agree to an extension of time for the assessment of any tax shall not be taken into account in determining whether a prevailing party has exhausted all administrative remedies. Subtitle H: Other Provisions - Revises provisions on the required content of tax due, deficiency, and other notices. Provides for the treatment of returns prepared for or executed by the Secretary for purposes of certain tax penalties. Provides protection for taxpayers who rely on certain guidance published by the IRS. Title II: Form Modifications, Studies - Subtitle A: Form Modifications - Directs the Secretary to: (1) ensure that taxpayers are aware of permission to pay tax in installments, extensions of time for payment of tax, and compromises of tax liability; (2) improve procedures for taxpayers to notify the Secretary of changes in names and addresses; (3) include in a specified publication a section on the rights and responsibilities of divorced individuals; (4) ensure that employees are aware of their responsibilities under the Federal tax system and that the public is aware of penalties for failure to collect and pay over tax; and (5) notify taxpayers any payments that cannot be associated with any outstanding tax liability. Subtitle B: Studies - Requires the Secretary to report to the tax-writing committees on: (1) a pilot program for appeals of certain enforcement actions (including lien, levy, and seizure actions; (2) a study on ways to assist the elderly, physically impaired, foreign-language speaking, and other taxpayers with special needs to comply with IRS laws; (3) the scope and content of the IRS taxpayer-rights education program for its officers and employees; and (4) cases involving complaints about misconduct of IRS employees and the disposition of such complaints. Requires the Comptroller General to report to the tax-writing committees on: (1) a study of notices of deficiency; (2) the accuracy and clarity of 25 of the most commonly used IRS forms, notices, and publications; and (3) a study of IRS employee-suggestion programs.
United States · United States Congress · 19 November 1991
Second National Blue Ribbon Commission to Eliminate Waste in Government Act - Establishes the Second National Blue Ribbon Commission to Eliminate Waste in Government to: (1) conduct a private sector survey on management and cost control in the Federal Government; (2) review executive agency operations and existing General Accounting Office, Congressional Budget Office, Inspector General Reports, and other existing governmental and nongovernmental recommendations for reducing waste; and (3) submit to the President and the Congress a list of those recommendations with estimated savings that the Commission determines are most significant and recommendations for improving the budget process, management, and reducing waste and costs in the Government. Requires the Commission to identify, address, and to report to the President and the Congress on: (1) opportunities for increased efficiency and reduced costs in the Government that can be realized by executive action or legislation; (2) areas in the Government where managerial accountability can be enhanced and administrative control can be improved; (3) specific Federal programs that have accomplished their objectives and ought to be terminated; (4) specific Federal program services that could be provided at a lower cost by the private sector; (5) specific reforms of the budget process that would yield savings, increase accountability and efficiency, and enhance public confidence in the budget process; (6) specific areas in the Government where further study can be justified by potential savings; and (7) specific recommendations for legislative and administrative actions. Requires the Commission to be funded, staffed, and equipped, to the extent practicable and permitted by law, by the private sector without cost to the Government.
United States · United States Congress · 14 November 1991
Gulf of Mexico Protection and Restoration Act of 1991 - Amends the Federal Water Pollution Control Act to direct the Administrator of the Environmental Protection Agency to implement a comprehensive plan for improving and protecting the water quality of the Gulf of Mexico. Requires the Administrator to award grants for research to develop baseline scientific data regarding the environmental quality of the Gulf for use in preparing and evaluating the plan. Makes State agencies, nonprofit research organizations, and universities eligible for grants. Directs the Administrator, at the request of the Governor of a Gulf State affected by the plan, to make a grant for implementing the plan to the State if the State commits to implement the plan and has an approved proposal. Sets forth State proposal requirements. Limits: (1) the Federal share of State grants to 50 percent of the total cost of implementing the proposal; and (2) administrative costs supported by a grant to ten percent of the portion of the grant expended per fiscal year. Defines a "Gulf State" as Alabama, Florida, Louisiana, Mississippi, Texas, Puerto Rico, and the Virgin Islands. Authorizes and allocates appropriations.
United States · United States Congress · 7 November 1991
Enterprise Capital Formation Act of 1991 - Amends the Internal Revenue Code to allow a deduction for gain on investments in new small business stock (seed capital) held for at least five years. Establishes special rules for such investments. Provides for determining the maximum capital gains rate for small business net capital gain or seed capital gain. Treats capital gains on the sale of such stock as a preference item for purposes of the minimum tax.
United States · United States Congress · 22 October 1991
Family Preservation Act of 1991 - Title I: Child Welfare Services - Amends part B (Child Welfare Services) of title IV of the Social Security Act to convert the Child Welfare program from an authorization to a capped entitlement program. Requires maintenance of State effort under such program. Sets forth a new formula for allotments to States under such program. Repeals provisions for incentive payments to States which maintain a foster care inventory, information system, and case review system, but requires States to provide such protections and other services designed to keep families together or reunify them, or to place children for adoption, with a legal guardian, or in some other planned, permanent living arrangement. Requires States to submit the following types of reports on child welfare services and expenditures: (1) pre-expenditure reports; (2) post-expenditure reports; and (3) comparative financial contributions reports. Requires the Secretary of Health and Human Services (HHS) to annually transmit to specified congressional committees a summary of the information contained in such comparative financial contributions reports. Requires such information to be made available to the public. Reserves funds for entitlement grants to States to plan for and provide child welfare services designed to strengthen and preserve families. Requires use of part of such funds to develop or expand specialized child welfare services programs for families in crisis due to substance abuse that: (1) emphasize comprehensive services geared to the whole family; and (2) support or expand availability of programs for pregnant women and programs that allow mothers (and other caretaker relatives) to reside with their children while receiving services or treatment. Requires uses of the remaining part of such funds to develop or expand: (1) service programs to help children, where appropriate, return to families from which they have been removed, or be placed for adoption, with a legal guardian, or in some other planned, permanent living arrangement; (2) preplacement preventive services programs to help children at risk of foster care placement to remain with their families; or (3) service programs for follow-up care for families to whom a child has been returned after a foster care placement. Reserves funds for grants to State court systems to assess and improve procedures in child welfare cases, in carrying out the Child Welfare Services program and part E (Foster Care and Adoption Assistance) of title IV of the Social Security Act. Sets forth application requirements and formulas for determining the amount of such grants for FY 1993 through 1997. Directs the Secretary of HHS to submit interim and final reports to the Congress on the information obtained from assessments conducted with such grants and the impact of such grant programs on State court procedures and functions. Requires each State to periodically compile a detailed directory of programs designed to keep families together or reunify them or place children permanently, identifying which of such programs provides specialized child welfare services to families in crisis due to substance abuse. Requires States to report on measures taken to comply with the Indian Child Welfare Act. Title II: Foster Care and Adoption Assistance - Amends title IV (Grants to States for Aid and Services to Needy Families with Children and for Child Welfare Services) of the Social Security Act to add a new part C, Comprehensive Service Projects, to grant States flexibility and resources to develop comprehensive and coordinated services designed to: (1) preserve and strengthen families with children at risk of placement outside their homes; (2) reunite children with their families expeditiously if an out-of-home placement is found to be necessary; and (3) place children in adoptive homes or other permanent arrangements in a timely fashion if reunification with their families is not appropriate. Permits any State to apply to the Secretary of HHS for permission to: (1) conduct a comprehensive service project in a selected area or areas; and (2) suspend certain child welfare services and foster care and adoption assistance requirements with respect to State activities in such area or areas during the project. Sets forth application requirements and administrative provisions for such projects. Prohibits the Secretary of HHS from requiring as a condition of approval of a project application: (1) the State to select any area or areas in which to conduct the project; or (2) the project to comply with any requirements not specified in the project authorization. Sets forth those requirements with which such a project must comply. Provides for determining the expenses for which a State might properly seek reimbursement, for purposes of calculating such grant amount. Authorizes the Secretary of HHS to increase such grant amount, to the extent appropriate, by taking specified factors into account. Sets forth requirements for notification to States of grant amounts, and for grant payments in equal quarterly installments. Prohibits a State from carrying out such a project in a manner that impairs the entitlement of any child to: (1) the foster care benefits he or she would have received if the Secretary had approved the State plan for the fiscal year and had not authorized the State to conduct such a project; or (2) any other benefit to which the child is legally entitled. Deems a State to have in effect an approved foster care and adoption assistance plan during the period in which it conducts such a project for purposes of State plan requirements under part A (Aid to Families with Dependent Children) (AFDC) of title IV of the Social Security Act. Requires States to report annually on funds expended under such projects to the Secretary of HHS and the Advisory Commission on Children and Families. Provides for administrative remedies for unsuccessful projects. Provides for project termination. Requires a State to discontinue the project at the end of a fiscal year: (1) if it has notified the Secretary that it intends to do so; or (2) if the Secretary has determined for the fiscal year that the State is not conducting the project in accordance with requirements and is not making satisfactory progress toward achieving the State plans, and the Secretary does not plan to pursue an administrative remedy with respect to the project. Makes abandoned children entering foster care eligible for foster care maintenance payments. Makes the adoptive parents of any such child with respect to whom foster care maintenance payments may be made eligible for adoption assistance payments. Makes technical revisions in the foster care maintenance payments program and the adoption assistance program to expand the removal from home requirement to include removal from legal custody. Provides for retroactive application of such new requirement under the adoption assistance program. Makes children whose adoption has been set aside by a court eligible for foster care maintenance payments. Makes the adoptive parents of any such child with respect to whom foster care maintenance payments may be made eligible for adoption assistance payments. Establishes a respite care program for foster parents with children who have special needs. Limits the expenses eligible for reimbursement under such program. Expands the definition of children with special needs, for purposes of the adoption assistance program, to include: (1) those children for whom information is known and available about their genetic or social history indicating a high risk of medical conditions or physical, mental or emotional handicaps (which makes it reasonable to conclude they cannot be placed for adoption without providing part E adoption assistance or Medicaid (title XIX of the Social Security Act) medical assistance; and (2) those children that have been adopted, that were under the care and responsibility of the State agency responsible for administering the State's part E programs prior to being adopted, and that have a mental, physical, or emotional handicap that either existed before the adoption but was not diagnosed until afterwards or first manifests itself after the adoption but is congenital or was caused beforehand. Includes relatives (as well as foster parents) who are prospective adoptive parents and with whom the child has significant emotional ties while in their care for purposes of an exception to the requirement that an effort be made to place special needs children with appropriate adoptive parents without providing adoption assistance or Medicaid assistance. Requires each State to submit to the Secretary of HHS the factors and conditions it uses to identify children with special needs, for purposes of the adoption assistance program, and any modifications to such factors and conditions. Directs the Secretary of HHS to establish an Advisory Committee on Foster Care Placement to study and report to the Secretary and the Congress on the implementation of specified requirements, under State plans for foster care and adoption assistance, that reasonable efforts be made: (1) prior to placement of a child in a foster home, to prevent or eliminate the need for removal of the child from the child's home; and (2) to make it possible for the child to return to the child's home. Provides Federal coverage of 90 percent of State costs in developing and installing statewide mechanized data collection and information retrieval systems which: (1) the Secretary determines are likely to enhance the administration of such programs; (2) are capable of interfacing with the State data collection system for information on child abuse and neglect; and (3) meet other specified requirements. Covers 50 percent of State costs for operation of such systems. Provides that all State expenditures for development, installation, and operation of such systems shall be treated as necessary for proper and efficient administration of the State plan, without regard to whether the systems may be used with respect to foster or adoptive children other than those on behalf of whom payments may be made for foster care maintenance or adoption assistance. Reduces, after three years, from 90 to 50 percent the Federal matching payment for development and installation of such systems. Defers a deadline for implementation of automated systems until one year after certain regulations are promulgated. Directs the Secretary to establish a work group, including representatives of specified organizations, to advise on planning and implementation of the system to be used for collection of data relating to adoption and foster care in the United States. Requires the State plan to provide for: (1) a triennial review of the amounts paid as foster care maintenance payments and adoption assistance to assure their continuing appropriateness; and (2) a report to the Secretary of HHS on the results. Requires that the dispositional hearing to determine the final status of a foster child: (1) occur within 12 months of his or her original placement, rather than the current 18 months; (2) determine and document the measures needed to enhance the likelihood of making the child legally eligible for adoption and of finding an adoptive home for the child, if the hearing determines that the child should be placed for adoption, and the specific measures which have been or need to be taken to make an adoptive placement or a finding that placement of the child in an adoptive family would be inappropriate, if the child is legally eligible for adoption. Revises the time frame for judicial determinations on voluntary placements. Sets forth case plan requirements for placement of children in out-of-State foster care, including a finding that the child needs services not available in the State. Requires annual review, with the child present, of the status of children in out-of-State foster care placements. Requires States to collect data on the numbers of children in out-of-State foster care placements. Requires a State, in order to receive payments for expenditures after FY 1994 for foster care maintenance payments made with respect to children placed in foster care outside the State, to conduct and submit a study to the Secretary of HHS, by the end of such fiscal year, identifying the number and common characteristics of such children and the reason why they were not placed in foster care in the State. Sets forth provisions with respect to the treatment of assets of youth participating in the independent living program. Eliminates the ceilings on Federal foster care payments to States and the States' authority to transfer unused foster care funds to the Child Welfare Services program. Directs the Secretary of HHS to: (1) establish an advisory committee; and (2) issue final regulations for training of staff of agencies responsible for administering foster care and adoption assistance programs and for training of foster and adoptive parents. Requires such committee to include representatives of public agencies and nonprofit organizations with an interest in child welfare. Directs the Secretary to annually publish information, on a State-by-State basis, on expenditures for, and the operation of, the Child Welfare Services program, the Foster Care and Adoption Assistance program, and Comprehensive Service Projects. Amends title IV of the Social Security Act to add a new part G, Child Welfare Review System. Directs the Secretary of HHS to establish such system to: (1) review each State child welfare program to assess whether the requirements of such Act are being carried out; (2) impose financial penalties in cases of substantial failure to comply; and (3) provide technical assistance to any such program. Requires the Secretary to complete such a review for each State program not less frequently than once every three years. Sets forth provisions relating to effects of noncompliance, suspension and recision of financial penalties, and administrative and judicial review. Requires that all State child welfare programs be reviewed at least once by the end of FY 1997. Prohibits the Secretary from reducing or withholding any payment or seeking any repayment from any State under part B or E by reason of a determination made in connection with specified reviews or audits for certain periods. Prohibits suspension of payments with respect to any claim for reimbursement 30 days after the Secretary of HHS receives the quarterly statement of expenditures that contains the report of the claim. Provides that within ten months after the Secretary takes any action to suspend payment with respect to such a claim, the Secretary shall: (1) determine the allowability of the claim; or (2) if unable to make such a determination, make payment with respect to the claim, subject to a later determination of allowability. Title III: Emergency Assistance - Amends the AFDC program to require States to provide emergency assistance to needy families with children, including services designed to prevent homelessness. Title IV: Social Services Block Grant - Amends title XX (Block Grants to States for Social Services) of the Social Security Act to authorize increased appropriations at specified levels under such program for FY 1993 through 1996 and at levels indexed to increases in the Consumer Price Index thereafter. Provides for the allocation to tribal organizations of program funds otherwise allotted to the State in which the Indians represented by such organization reside. Title V: Research, Demonstration, and Evaluation Activities - Amends part A (General Provisions) of title XI (General Provisions and Professional Standards Review) of the Social Security Act to require the Director of the Office of Technology Assessment (OTA) to establish an Advisory Commission on Children and Families (the Commission). Requires the Commission to collect and assess specified types of information in order to identify cost-effective approaches to protect and enhance the physical, mental, emotional, and financial well-being of children and their families. Directs OTA to report annually to the Congress on the Commission and its assessment. Requires the Commission to conduct, through contracts with independent research organizations, the following research and evaluation projects: (1) an evaluation of child welfare service programs, including intensive family preservation programs; (2) foster care evaluations; (3) longitudinal child welfare data bases, and studies of child welfare population dynamics; and (4) comprehensive service projects evaluations. Requires the Commission to conduct a study concerning child separation guidelines. Directs the Secretary of HHS to conduct the following research and evaluations: (1) a study (under contract with an independent research organization) to assess the prevalence and nature of risks to the safety of employees of child welfare systems; and (2) a three-year study (under contract with an organization with demonstrated appropriate experience) to examine methodologies for measuring the workloads of providers of child welfare services and community mental health services. Directs the Secretary of HHS to authorize child welfare demonstration projects concerning each of the following: (1) abandoned infants' permanent placement; (2) termination of parental rights; (3) child welfare worker training in U.S. areas that border on Mexico; (4) staff recruitment and retention; and (5) joint training for staff of child welfare, mental health, and juvenile justice agencies. Directs the Secretary of HHS to authorize demonstration projects to test the feasibility of eliminating income and resource requirements respecting foster care and adoption assistance payments. Directs the Secretary of HHS to provide technical assistance to States for: (1) interpreting and implementating parts B, C, and E; (2) disseminating information on innovative child welfare agencies; (3) correcting problems identified through Federal audits and reviews and carrying out corrective action plans under part E; (4) implementing the foster care and adoption data collection system; and (5) addressing other matters identified by such Secretary. Title VI: Miscellaneous Human Resources Amendments - Amends the AFDC program to give States the option of using retrospective budgeting without monthly reporting under AFDC. Increases the amount of stepparent income disregarded under AFDC. Amends the Family Support Act of 1988 to extend demonstration projects for evaluating model procedures for reviewing child support awards. Amends the Omnibus Budget Reconciliation Act of 1989 and the Omnibus Budget Reconciliation Act of 1990 to make technical corrections relating to human resource and income security provisions. Repeals the technical amendment made by the Omnibus Budget Reconciliation Act of 1990 with respect to the National Commission on Children. Title VII: Budget Compliance Provisions - Specifies the applicable cost estimate of this Act for purposes of the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act). States that the conversion by this Act of the Child Welfare program from an authorization to a capped entitlement program shall not be treated as a change in concept or definition under the Gramm-Rudman-Hollings Act.
United States · United States Congress · 22 October 1991
Expresses the sense of the Congress that the President should: (1) condemn the use of force in Yugoslavia; (2) recognize the independence of the Republics of Croatia and Slovenia; and (3) work for the cessation of hostilities leading to a negotiated settlement and peace in the region.
United States · United States Congress · 21 October 1991
Medicaid Moratorium Amendments of 1991 - Amends the Technical and Miscellaneous Revenues Act of 1988 to: (1) delay until September 30, 1992, the issuance of regulations changing the treatment under the Medicaid program (title XIX of the Social Security Act) of voluntary contributions and provider-specific taxes; and (2) maintain current regulations that allow intergovernmental transfers as a source of a State's expenditures for which Federal matching funds are available under the Medicaid program. Directs the Secretary of Health and Human Services to submit to specified congressional committees a report on: (1) regulations to limit the use of voluntary contributions and provider-specific taxes to obtain Federal financial participation; (2) specific types of voluntary contributions and provider-specific taxes that may be used as sources of State expenditures for which Federal financial participation is available; and (3) any legislation that the Secretary believes is appropriate. Sets forth budget compliance provisions.
United States · United States Congress · 16 October 1991
Foreign Aid Reporting Reform Act of 1991 - Directs the President, in conjunction with the submission of annual requests for enactment of authorizations and appropriations for foreign assistance programs, to submit to the Congress a single report containing: (1) an integrated justification for all foreign assistance programs proposed for the coming fiscal year; and (2) an assessment of when the objectives of those programs will be achieved so that the assistance can be terminated. Requires the President to include in such report general information regarding the foreign assistance program, as well as information concerning specific assistance recipients and centrally-funded programs. Directs congressional committees reporting legislation authorizing the enactment of or providing new budget authority for foreign assistance programs to include in reports accompanying such legislation an explanation for any change proposed in: (1) the total amount of new budget authority authorized or provided for any program as compared to the amount proposed by the President; or (2) the amount of assistance for any specific recipient or for any centrally-funded program as compared to the amount proposed by the President.
![Official portrait of Rep. Andrews, Michael [D-TX-25]](https://www.congress.gov/img/member/a000209_200.jpg)