United States · United States Congress · 5 January 1993
Missing Service Personnel Act of 1993 - Requires the responsible armed forces commander, after receiving notice that a person under his command is missing, to conduct an informal investigation to determine such person's whereabouts and, if appropriate, to place such person in a missing status. Provides for the convening of boards of inquiry to: (1) investigate evidence relating to the disappearance of a person; (2) recommend whether to continue such person in a missing status or make a finding that such person has deserted, is absent without leave, or is dead; and (3) report its recommendations and findings. Provides for the convening of a board of further inquiry, if a board of initial inquiry recommends that such person be continued in a missing status. Directs the Secretary concerned, upon the written request of a member of the immediate family of a missing person who, before the date of the enactment of this Act, was determined by the Secretary to be dead, to: (1) convene a board of further inquiry to determine whether such finding of death should be upheld or such person should be placed in a missing status; and (2) report its findings. Requires the Secretary, within three years after a board of further inquiry recommends a missing status for any person, to reconvene such board to review such status. Directs the Secretary to invite each member of the immediate family of the missing person to board meetings unless attendance would place such member in danger. Prohibits any such board from declaring a missing person dead unless: (1) evidence other than the passage of a period of fewer than 50 years suggests that such person is dead; (2) no evidence which reasonably suggests that such person is alive is in the possession of the Government; (3) Government representatives have made a complete search of the area where such person was last seen (unless the United States is not granted access to such area); and (4) Government representatives have checked the records of the government or entity having control over the area where such person was last seen (unless the Government is not granted access to such records). Provides for judicial review of determinations of death. Sets forth penalties for knowingly withholding information pertaining to a missing person from that person's personnel file. Requires the Secretary concerned to make the contents of such file available to a member of the immediate family of such person upon written request.
United States · United States Congress · 5 January 1993
Amends the Internal Revenue Code to make the targeted jobs credit permanent. Increases the maximum age requirement for employment of economically disadvantaged youth from 23 years to 25 years. Establishes economically disadvantaged veterans as members of targeted groups for purposes of the credit.
United States · United States Congress · 5 January 1993
Equal Access to Annual Mammography Screening Act of 1993 - Amends part B (Supplementary Medical Insurance) of title XVIII (Medicare) of the Social Security Act to revise the breast cancer screening benefit provided under the Omnibus Budget Reconciliation Act of 1990 to cover on an annual basis (currently, biennial) routine breast cancer screening for women over age 64.
United States · United States Congress · 5 January 1993
Hearing Loss Testing Act of 1993 - Requires: (1) every newborn to be tested for hearing loss at birth; (2) uniform testing standards; and (3) each health insurance policy providing newborn coverage to cover such testing. Amends title XIX (Medicaid) of the Social Security Act to add newborn hearing loss testing to the definition of screening services. Provides for a grant or other program to assure that all newborns are tested. Authorizes appropriations.
United States · United States Congress · 5 January 1993
Commission on Retirement Income Policy Act of 1993 - Establishes the Commission on Retirement Income Policy. Directs the Commission to study and report to the President and Congress on: (1) trends in retirement savings in the United States; (2) existing Federal incentives and programs to encourage and protect such savings; and (3) new Federal incentives and programs needed for such purpose. Requires the Commission to address specified issues and to include in its recommendation measures addressing specified needs of future retirees. Terminates the Commission within 90 days after submission of such report.
United States · United States Congress · 5 January 1993
Amends the Employee Retirement Income Security Act of 1974 (ERISA) to eliminate the exemption for banks (or similar institutions) or insurance carriers from the requirement for an independent audit of certain financial statements regarding employee benefit plan assets.
United States · United States Congress · 5 January 1993
Directs the Secretary of the Interior to: (1) identify and report to specified congressional committees on potential means to preserve and interpret the cultural resources in the Northern Frontier associated with the American Revolution; and (2) propose alternatives for cooperation in the preservation and interpretation of such resources. Authorizes appropriations.
United States · United States Congress · 5 January 1993
Life Imprisonment for Egregious Recidivists Act of 1993 - Amends the Federal criminal code to require the court, in the case of a conviction for a Federal violent felony, to sentence the defendant to life imprisonment if the defendant has previously been convicted of two other violent felonies. Specifies that this provision shall not be construed to prevent the imposition of the death penalty.
United States · United States Congress · 5 January 1993
TABLE OF CONTENTS: Title I: Elevation of the Environmental Protection Agency to Cabinet Level Title II: Environmental Role of the United States in International Organizations to Which it Belongs Title III: Establishment of the Commission on Improving Environmental Protection Title IV: Effective Date Department of the Environment Act of 1993- Title I: Elevation of the Environmental Protection Agency to Cabinet Level - Department of the Environment Act - Redesignates the Environmental Protection Agency (EPA) as the Department of the Environment. Encourages the Secretary of the Environment to: (1) assist the Secretary of State in participating in international environmental protection agreements and organizations; (2) conduct research on and develop responses to international environmental problems; and (3) provide assistance to foreign countries and international bodies to improve the environment. Establishes a Bureau of Environmental Statistics and an Advisory Council on Environmental Statistics. Authorizes appropriations. Authorizes grants to, and contracts with, State and local governments to assist in data collection. Directs the Secretary to enter into an agreement with the National Academy of Sciences for a report on the adequacy of the Department's data collection procedures and capabilities. Authorizes appropriations. Sets forth conflict-of-interest disclosure requirements for persons entering into arrangements for services with the Secretary. Requires public notice when the award of a contract may result in a conflict of interests. Title II: Environmental Role of the United States in International Organizations to Which It Belongs - Urges the Secretary of State to convene international conferences to encourage the exchange of information on energy efficiency and environmentally acceptable renewable energy sources. Requires the President to encourage the establishment of an international office to monitor annual generation of carbon dioxide and trace gases on a country-by-country basis. Title III: Establishment of the Commission on Improving Environmental Protection - Establishes the Commission on Improving Environmental Protection to make recommendations on the implementation of Federal environmental laws to protect human health and the environment. Authorizes appropriations. Title IV: Effective Date - Sets forth the effective date.
United States · United States Congress · 5 January 1993
Federal Employees Political Activities Act of 1993 - Prohibits an employee from using or attempting to use official authority or influence to interfere with or affect the result of any election. Prohibits the use of official authority to intimidate, threaten, coerce, or influence: (1) any individual for the purpose of interfering with the right to vote or not to vote for any candidate or measure in any election; (2) any person to give or withhold any political contribution; or (3) any person to engage, or not to engage, in any form of political activity. Prohibits an employee from: (1) giving or offering to give a political contribution to any individual either to vote or to refrain from voting; (2) soliciting, accepting, or receiving a political contribution to vote or refrain from voting; or (3) giving or handing over a political contribution to a superior. Prohibits an employee from soliciting, accepting, or receiving a political contribution: (1) from another employee (or a member of another employee's immediate family) with respect to whom the employee is a superior; or (2) in any room or building occupied in the discharge of official duties by a Federal employee, official, or contractor. Prohibits an employee from getting involved with political contributions with any person who: (1) has, or is seeking to obtain, contractual or other business relations with the employing agency; (2) conducts operations regulated by that agency; or (3) has interests which may be substantially affected by the performance of the employee's official duties. Prohibits an employee from engaging in political activity: (1) while on duty; (2) in any room or building occupied in the discharge of official duties by a Federal employee or official; (3) while wearing a uniform or official insignia identifying the office or position of the employee; or (4) while using any vehicle owned or leased by the Government. Exempts certain high level political appointees from such prohibitions if the costs associated with the political activity are not paid for by money derived from the Treasury. Authorizes leave without pay or accrued annual leave to an employee who is a candidate, upon request, to allow such employee to engage in activities relating to that candidacy. Applies this Act to postal employees and employees of the Postal Rate Commission.
United States · United States Congress · 5 January 1993
Merchant Mariners Fairness Act of 1993 - Provides that certain qualified service of a member of the U.S. merchant marine, including a vessel crewmember of the U.S. Army Transport Service, during World War II constituted active military service for purposes of eligibility for various veterans' benefits under the GI Bill Improvement Act of 1977. Requires the Secretary of Defense to issue an honorable discharge under such Act to each merchant marine member whose qualified service warrants such a discharge. Prohibits the payment of any retroactive benefits under this Act. Mandates a processing fee for any benefit application for such qualified service.
United States · United States Congress · 5 January 1993
TABLE OF CONTENTS: Title I: Tax Incentives Title II: Manufacturing Technology Title III: Appropriations from Transportation Trust Funds Economic Revitalization and Competitiveness Act of 1993 - Title I: Tax Incentives - Amends the Internal Revenue Code to reinstate the five-percent regular investment tax credit. Makes the credit for increasing research activities permanent law. Makes permanent the exclusion from gross income of amounts received under educational assistance programs. Increases the amount excepted from rebate for governmental units making small bond issues. Makes the targeted jobs credit permanent law. Reduces the capital gains tax for individuals. Title II: Manufacturing Technology - Amends the Stevenson-Wydler Technology Innovation Act of 1980 to establish the Nationwide Network of Manufacturing Outreach Centers to assist U.S. manufacturers, especially small and medium-sized firms, to expand the use of technology and modern manufacturing processes. Provides for a related communications infrastructure and information clearinghouse. Authorizes appropriations. Title III: Appropriations from Transportation Trust Funds - Expresses the sense of the Congress that certain amounts authorized to be appropriated out of the transportation trust funds should be appropriated.
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
Flight Attendant Duty Time Act - Amends the Federal Aviation Act of 1958 to direct the Secretary of Transportation to initiate a rulemaking proceeding to establish limitations on duty time for flight attendants. Requires the Secretary to issue final regulations by a specified deadline. Prohibits any air carrier from operating an aircraft using a flight attendant who has been on duty in excess of specified hours or who has had less than a specified number of hours of rest if such regulations have not been promulgated by a certain time. Permits modification of the specified hours of duty if the Secretary determines such modification is in the public interest and submits a copy of the modifying regulations to certain congressional committees.
United States · United States Congress · 5 January 1993
TABLE OF CONTENTS: Title I: General Requirements for Leave Title II: Leave for Civil Service Employees Title III: Commission on Leave Title IV: Miscellaneous Provisions Title V: Coverage of Congressional Employees Family and Medical Leave Act of 1993 - Title I: General Requirements for Leave - Establishes certain requirements for family and medical leave for permanent employees. (Sec. 101) Makes employees eligible for such leave if they have been employed, by the employer from whom leave is sought, for at least: (1) 12 months; and (2) 1,250 hours of service during the previous 12-month period. (Excludes from such coverage: (1) employees at worksites at which the employer employs less than 50 persons, if the total number of employees of that employer within 75 miles of that worksite is less than 50; and (2) Federal officers and employees covered under title II of this Act.) (Sec. 102) Entitles employees to 12 workweeks of leave during any 12-month period because of: (1) the birth of their child; (2) the placement of a child for their adoption or foster care; (3) their care of a child, spouse, or parent who has a serious health condition; or (4) their own serious health condition which makes them unable to perform the functions of their position. Conditions such leave for the birth or placement of a child as follows: (1) the entitlement ends 12 months after the birth or placement; and (2) such leave may not be taken intermittently unless employee and employer agree otherwise. Allows intermittent leave for necessary medical treatment of an employee or family member. Allows the employer to require a temporary transfer to an equivalent alternative position that better accommodates such intermittent leave. Allows all leave under this title to: (1) be taken on a reduced leave schedule, upon agreement with the employer; and (2) consist of unpaid leave, except under specified conditions when substitution of certain types of paid leave may be elected or required. Does not require an employer to provide paid sick or medical leave in any situation in which the employer would not normally provide any such paid leave. Requires employees to: (1) give at least 30 days' notice of the need for leave to which they are entitled under this Act, when foreseeable; and (2) make a reasonable effort to schedule medical treatment or supervision so as not to disrupt unduly the employer's operations, subject to approval of the health care provider. Allows limitation of the dual aggregate leave entitlement to 12 weeks in any 12-month period, in the case of spouses employed by the same employer, if such leave is for the birth or placement of a child or for the care of a sick parent. (Sec. 103) Sets forth conditions of certification for leave entitlements under this Act. (Sec. 104) Requires restoration of the employee to his or her position or an equivalent position upon return from such leave. Allows an employer to deny such restoration to certain highly compensated employees, under specified conditions (the highest paid ten percent of the employer's employees within a 75-mile radius of a facility; the denial must be necessary to prevent substantial and grievous economic injury to the employer's operations). Requires maintenance of employee health benefits during such leave. (Sec. 105) Prohibits interference with or discrimination against employees exercising rights under this title. (Sec. 106) Sets forth the investigative authority of the Secretary of Labor under this title. (Sec. 107) Provides for enforcement of this Act. Provides for administrative and civil actions. Makes an employer who violates this title's prohibitions against interference or discrimination liable for damages in the amount of: (1) any wages, salary, employment benefits, or other compensation denied or lost; (2) (where such compensation has not been denied or lost) any actual monetary losses, such as the cost of providing care; (3) interest on such losses; and (4) liquidated damages under certain conditions. Makes such employers also liable for appropriate equitable relief, including, without limitation, employment, reinstatement, and promotion. Sets forth provisions for attorney's fees, limitation of actions, and injunctions. (Sec. 108) Sets forth special rules concerning employees of local educational agencies and of private elementary and secondary schools. (Sec. 109) Sets forth requirements for posting notice and for fines. (Sec. 110) Directs the Secretary of Labor to prescribe regulations to carry out this title. Title II: Leave for Civil Service Employees - (Sec. 201) Entitles eligible civil service employees to family and temporary medical leave for specified periods. Allows up to 12 administrative workweeks of leave without pay (or substituted paid leave) in any 12-month period for: (1) family leave (i.e., leave because of the birth or placement of a child or care of a sick spouse, child, or parent); or (2) temporary medical leave for a serious health condition that makes the employee unable to perform the functions of their position. Sets forth: (1) requirements for employees to give prior notice; (2) certification provisions; (3) protections for job position and health insurance benefits; and (4) prohibitions against coercion. Requires the Office of Personnel Management to prescribe regulations for this title which are consistent with the regulations prescribed by the Secretary of Labor under title I of this Act. Title III: Commission on Leave - (Sec. 301) Establishes the Commission on Leave. (Sec. 302) Requires the Commission to conduct a comprehensive study of: (1) existing and proposed leave policies; (2) the potential costs, benefits, and impact on productivity of such policies on employers; and (3) alternative and equivalent State enforcement of this Act with respect to employees of local educational agencies and private schools. Requires the Commission to report on such study to the Congress within two years after the Commission first meets. (Sec. 306) Terminates the Commission within 30 days after its report to the Congress. Title IV: Miscellaneous Provisions - (Sec. 401 and Sec. 402) Sets forth the effect of this Act on other laws and existing employment benefits. (Sec. 403) Provides that nothing in this Act shall be construed to discourage employers from adopting more generous leave policies. (Sec. 404) Directs the Secretary of Labor to prescribe regulations to carry out this title (except those provisions applicable to the Senate) within 60 days. Title V: Coverage of Congressional Employees - (Sec. 501) Applies the rights and protections established under specified provisions of title I of this Act to Senate employees. Makes specified provisions of the Government Employee Rights Act of 1991 applicable, with certain exceptions. Provides that allegations shall be considered by the Office of Senate Fair Employment Practices or another entity designated by the Senate. Requires such Office to ensure that Senate employees are informed of their rights under this Act. (Sec. 502) Applies the rights and protections under title I of this Act to employees of the House of Representatives, except for the exemption concerning highly compensated employees. Requires that the remedies and procedures under the Fair Employment Practices Resolution be applied in administering such coverage.
United States · United States Congress · 5 January 1993
Morris K. Udall Wilderness Act of 1993 - Designates specified lands in Alaska as the Arctic Coastal Plain Wilderness and a component of the National Wilderness Preservation System.
United States · United States Congress · 5 January 1993
Airline Bankruptcy Passenger Protection Act of 1993 - Amends the Federal Aviation Act of 1958 to direct the Secretary of Transportation to issue an order authorizing a covered air carrier to develop an air transportation plan which protects airline ticket holders in the event it becomes a debtor in bankruptcy proceedings after the ticket purchase date. Provides that if satisfactory plans have not been submitted by a specified deadline, the Secretary must promulgate regulations requiring all covered air carriers to provide air transportation for such ticket holders.
United States · United States Congress · 5 October 1992
Group Health Plan Nondiscrimination Act of 1992 - Amends the Employee Retirement Income Security Act of 1974 (ERISA) to provide that certain retroactive reductions of benefits under group health plans constitute discrimination which interferes with rights protected under ERISA. Revises civil enforcement provisions to make any person who violates the prohibition provisions against interference with rights of any participant or beneficiary under a group health plan liable to such participant or beneficiary for actual damages (including compensatory and consequential damages proximately caused by the violation). Precludes punitive damages, except that, where the violation constitutes willful, fraudulent, or malicious conduct, bad faith, or gross negligence, each such person may, in the court's discretion, be liable for limited exemplary damages. Provides for attorney's fees and other legal costs to be awarded to plaintiffs who prevail or substantially prevail. Requires group health plans to issue notices of any material change in plan terms to each participant and beneficiary. Requires issuance of such notice not later than ten days before adoption of the change, and prohibits the change from taking effect until 60 days after such issuance. Sets forth special requirements for such notices from self-insured group health plans.
United States · United States Congress · 15 September 1992
Northern Rockies Ecosystem Protection Act of 1992 - Designates the following lands in Idaho, Montana, Oregon, Washington, and Wyoming as wilderness and components of the National Wilderness Preservation System (System): (1) Greater Glacier/Continental Divide Ecosystem; (2) Greater Yellowstone Ecosystem; (3) Greater Salmon Ecosystem; (4) Greater Cabinet/Yaak/Selkirk Ecosystem; (5) Sky Island Wilderness; (6) Rattlesnake Wilderness; and (7) Rattlesnake Wilderness Area. Adds specified lands to the Rattlesnake National Recreation Area. Designates: (1) specified wild land areas as Biological Connecting Corridors (Corridors) to protect the life flow of the Northern Rockies Bioregion; and (2) the inventoried roadless areas identified as part of the Corridors as components of the System. Sets forth provisions for the management of those portions of the Corridor which are not designated as components of the System. Exempts specified roads and highways from the provisions of this Act. Requires that roadless lands (including uninventoried roadless lands and areas less than 5,000 acres in size) within the national forests in Idaho, Montana, Oregon, Washington, and Wyoming which have been studied for potential inclusion in the System, but have not been designated as such, shall be analyzed on an individual, case-by-case basis with full public involvement. Requires the results of each case-by-case analysis and associated environmental analysis to be submitted to specified congressional committees so that the Congress may decide whether these areas should become components of the System to be managed for other, nonwilderness, multiple uses. Directs the Secretary of the Interior (Secretary), acting through the Director of the National Park Service, to study the feasibility of: (1) creating a Hells Canyon/Chief Joseph National Park and Preserve; (2) creating a Flathead National Park and Preserve; and (3) designating such areas as units of the National Park System (NPS), including national park and national preserve designations to be administered by the National Park Service. Requires the national park and preserve study areas to be administered by the Secretary of Agriculture, until the Congress determines otherwise, to maintain their presently existing natural character and potential for inclusion in the NPS. Provides that, until the Congress determines otherwise, no new road construction or reconstruction, timber harvest (except firewood gathering), oil and gas leasing, mining, or other development which impairs the natural and roadless qualities of the study areas shall be allowed. Requires that special consideration be given to preserving scenery, water quality and fisheries habitat, biological diversity, and wildlife habitat for threatened and endangered species. Amends the Wild and Scenic Rivers Act to designate: (1) segments of specified rivers and creeks in Idaho, Montana, and Wyoming as components of the National Wild and Scenic Rivers System (NWSRS); and (2) segments of specified rivers and creeks in Montana and Wyoming for study as potential addition to the NWSRS. Requires that: (1) such designated wild and scenic river areas be administered by the Secretaries of Agriculture and the Interior to maintain their presently existing wild and scenic character and potential for inclusion in the NWSRS at their highest level of eligibility; and (2) the streambed and the lands one half mile wide along either side of the streambed of any river or stream included in the study be managed to protect their presently existing suitability for inclusion into the NWSRS as wild rivers. Prohibits new road construction or reconstruction, bridges, dams, timber harvesting, mining, oil and gas leasing, or other developments from being allowed within the one half mile corridor along either side of rivers and streams under study. Establishes the National Wildland Restoration and Recovery System (Recovery System) to: (1) restore National Forest System lands and surrounding areas to their native vegetative cover and species diversity; (2) stabilize slopes and soils to prevent or reduce further erosion; (3) recontour slopes to their original contours; (4) remove barriers to natural fish spawning runs; and (5) generally restore, as much as possible, such lands to their natural condition as existed prior to their entry and development. Authorizes appropriations to establish the National Wildland Recovery Corps (a special unit of the U.S. Forest Service) which shall hire necessary personnel and purchase necessary equipment to carry out its land recovery responsibilities. Designates certain lands within the Lewis and Clark National Forest known as Badger-Two Medicine Area as the Blackfeet Wilderness Area. Declares that the Congress recognizes that the Blackfeet Nation retains treaty rights in this area provided for in the 1896 treaty with the Federal Government. Directs the Secretary of Agriculture to review the wilderness area and report to the Congress. Requires that special consideration shall be given to the religious, wilderness, and wildlife uses of the area, taking into account any Federal treaties entered into with the Blackfeet Nation. Withdraws the Badger-Two Medicine Wilderness Area from all forms of entry, appropriation, or disposal under the mining laws and disposition under the geothermal and mineral leasing laws. Authorizes appropriations to purchase certain privately owned lands located within the Gallatin Range inventoried roadless area to become part of the Gallatin National Forest. Requires that, upon purchase, the former owners shall relinquish all title, rights, and interests in such lands, including all mineral leases, Federal oil and gas leases, and water rights. Authorizes the Secretary of Agriculture to enter into negotiations with private landowners within the greater boundaries of the Crazy Mountains Wilderness to determine a fair purchase price for the sections of private land located within the established Wilderness boundary. Requires the Secretaries to assure nonexclusive access by native people to Wilderness areas, National Park and Preserve Study areas, Wildland Recovery areas, and Biological Corridors designated by this Act by Native Americans for transitional cultural and religious purposes. Requires the Forest Service to enter into cooperative management agreements with the appropriate Indian tribes to assure protection of religious, burial, and gathering sites, and to work cooperatively on the management of all uses in the protected areas that affect Indian lands and people. Requires the Secretaries to give particular emphasis to the preservation and protection of cultural resources located within the areas.
United States · United States Congress · 11 August 1992
Securities Private Enforcement Reform Act - Amends the Securities Exchange Act of 1934 to declare that a defendant may be liable jointly and severally for damages in an implied private action only if the trier of fact specifically determines that the defendant knowingly engaged in securities fraud. Sets forth a liability allocation scheme to determine the percentage of responsibility among the defendants if the trier of fact finds that the defendant did not engage in knowing securities fraud. Prescribes guidelines for the award of reasonable fees and expenses incurred by the prevailing party in any implied private action. Declares that in any implied right of action that is certified as a plaintiff class action: (1) the share that is awarded to the representative plaintiff shall be calculated in the same manner as the share awarded to all other members of the plaintiff class; (2) a party may not be represented by any attorney who owns or has a beneficial interest in the securities that are the subject of the litigation, or who is obligated to pay remuneration to a third party for assistance in obtaining the representation of any party to the action; and (3) funds disgorged as a result of Securities Exchange Commission action shall not be distributed as payment for attorneys' fees or expenses incurred by private parties seeking distribution of the disgorged funds. Sets a statute of limitations on private rights of action under this Act.
United States · United States Congress · 10 August 1992
Local Partnership Act of 1992 - Establishes a revenue sharing program of payments to local governments. Sets forth the general framework for the use and timing of payments and for adjustments. Establishes in the Treasury a Local Government Fiscal Assistance Trust Fund (trust fund), with the Secretary of the Treasury as the personal trustee, and authorizes appropriations to finance it. Describes qualifying criteria for and conditions to be met by local governments seeking payments under the program. Requires payments withheld in cases of noncompliance. Requires the Secretary, in accordance with specified formulae, to determine the amount from the trust fund to be allocated to each State for further allocation to county, municipal, and township local governments as well as to Indian tribes and Alaskan native villages. Sets forth special rules governing allocations to territorial governments. Permits State variation of certain local government allocations. Sets forth special rules governing adjustments in local government allocations, including a limit on allocations to local government units based on a specified formula. Specifies the information to be used in making allocations under the program. Requires public hearings on proposed uses of program payments in relation to the local government's budget. Requires public disclosure of information on proposed payment uses and proposed budgets of local governments both prior to the hearing and after adoption of the budget. Prohibits discrimination under a local government program or activity on the basis of race, color, national origin, or sex if such program or activity is paid for with funds provided under this Act. Lists additional prohibitions applicable to such programs or activities. Prescribes procedures for: (1) instituting administrative proceedings for violations of such prohibitions; (2) suspending and terminating payments; and (3) judicial review of such sanctions. Sets forth provisions providing for: (1) enforcement by the Attorney General of such prohibitions; (2) civil actions by persons adversely affected by prohibited practices; (3) independent audits of local government finances; (4) investigations by the Secretary of possible violations of this Act; (5) reviews by the Comptroller General of activities of the Secretary, State governments, and local government units to determine compliance with this Act; (6) annual reports by the Secretary to the Congress on both the trust fund and the administration of the payment program; and (7) annual reports by local govermental units to the Secretary on program payments.
United States · United States Congress · 6 August 1992
Commission on Retirement Income Policy Act of 1992 - Establishes the Commission on Retirement Income Policy. Directs the Commission to study and report to the Congress on: (1) trends in retirement savings in the United States; (2) existing Federal incentives and programs to encourage and protect such savings; and (3) new Federal incentives and programs needed for such purpose. Requires the Commission to address specified issues and to include in its recommendation measures addressing specified needs of future retirees. Terminates the Commission within 90 days after submission of such report. Authorizes appropriations.
United States · United States Congress · 4 August 1992
American Jobs Fairness Act of 1992 - Prohibits expenditure of Federal funds to purchase components for the Superconducting Super Collider that are manufactured outside the United States, except under a contract that was open to competitive bidding (with specified exceptions for certain components).
United States · United States Congress · 31 July 1992
Health Choices Freedom Act of 1992 - Amends the Federal Food, Drug, and Cosmetic Act to define "dietary supplement." Declares that a supplement is not: (1) a drug solely because of its potency or because its labeling or advertising contains certain material; or (2) a food additive if certain requirements are met. Regulates supplement labeling and advertising.
United States · United States Congress · 28 July 1992
Amends the Tariff Act of 1930 to require the administering authority to consider, in addition to those factors already required, when determining whether imported parts or components of merchandise completed or assembled in the United States or a foreign country are circumventing an antidumping or countervailing duty order, the value and sources of supply of parts or components historically used in the assembly of the merchandise subject to such order. Authorizes the administering authority to include within the scope of an antidumping or countervailing duty order imported parts or components that constitute certain merchandise sold in the United States and subject to such order, provided: (1) it is completed or assembled in the United States or a foreign country from parts or components supplied by the exporter or producer, from suppliers that have historically supplied such parts or components to such exporter or producer, or from any party in the exporting country supplying such items on behalf of such exporter or producer; (2) the value of the imported parts or components is significant in relation to the total value of all parts and components used in the assembly or completion operation, excluding packing; (3) consideration of specified factors establishes a pattern of circumvention of an antidumping or countervailing duty order; or (4) the administering authority determines that action is appropriate to prevent circumvention of such order. Enables the administering authority to base such a decision on any of such factors by itself, rather than on all of them together. Requires the administering authority, upon request made within one year of such effective date, to review prior negative determinations under the applicable new standards contained in this Act. Requires the administering authority to include such parts or components within the scope of an order if application of the new standards to the record compiled in the prior determination would have resulted in an affirmative determination.
United States · United States Congress · 9 July 1992
Mandate and Community Assistance Reform Act - Title I: Termination or Suspension of Unfunded Federal Mandates; Consolidation and Simplification of Planning and Reporting Requirements - Requires termination or suspension of an unfunded Federal mandate, or the consolidation or simplification of an associated planning or reporting requirement, upon a recommendation to the Congress to that effect by the Commission on Unfunded Federal Mandates (established by this Act). Provides that all such recommendations shall take effect automatically unless the Congress enacts a joint resolution disapproving such recommendations within 60 days of their submittal. Sets forth guidelines for congressional consideration of the Commission's recommendations. Title II: Commission on Unfunded Federal Mandates - Establishes the Commission on Unfunded Federal Mandates to: (1) investigate and review the role of unfunded Federal mandates in relations among local, State, and Federal governments; and (2) study and make recommendations to the Congress regarding the termination or suspension of a certain number of unfunded Federal mandates, or the consolidation or simplification of associated planning or reporting requirements. Requires the Commission to recommend to the Congress also: (1) a process by which State and local governments can participate in meeting national domestic objectives without the burden created by unfunded Federal mandates; and (2) those programs currently funded, operated, or administered by the Federal Government which the Commission determines would be operated or administered more effectively and efficiently by States and localities, without increases in State or local government obligations or outlays. Provides for termination of the Commission. Authorizes appropriations. Title III: Integrated Federal Assistance - Community Assistance Improvement Act of 1992 - Enables local governments to integrate federally funded programs under community-based assistance plans tailored for their distinct needs and constituencies and structured to address problems affecting low-income citizens that cross existing Federal assistance categories. Provides for payments to local governments of amounts available under a covered Federal assistance program for use in accordance with an integrated assistance plan approved by the Interagency Review Council (establish by this Act). Provides that eligibility for benefits under a covered Federal assistance program under an approved integrated assistance plan shall be only in accordance with the plan. Details the process for applying for approval of an integrated assistance plan. Specifies application and plan contents. Provides for implementation of approved integration assistance plans. Requires a local government applying for approval of an integrated assistance plan to establish a Community Advisory Committee. Requires the Committee to advise a local government in the development and implementation of its integrated assistance plan. Authorizes the Interagency Review Council to provide for technical assistance to a local government in developing information necessary for the design or implementation of an integrated assistance plan for which approval is sought under this Act. Sets forth guidelines for local governments to request such assistance. Establishes the Interagency Review Council for the purposes described above. Title IV: Estimation of Legislative Impact on State and Local Governments - Amends the Congressional Budget Act of 1974 to: (1) strike language stating that cost estimates are required only if submitted in a timely manner; (2) require that a cost estimate accompany the conference report of legislation; and (3) require budget reconciliation instructions to direct any committee receiving such instructions to include in any reconciliation legislation carrying them out a Congressional Budget Office estimate of the total cost of their provision. Title V: Regulatory Flexibility Analysis - Amends the Regulatory Flexibility Act to modify provisions respecting judicial review of agency rules.
United States · United States Congress · 2 July 1992
Excludes from the determination of income, for purposes of the payment of pension by the Secretary of Veterans Affairs, any future increases made by the State of New York in the monthly amount paid to blind and totally disabled veterans.
United States · United States Congress · 24 June 1992
World University Games Commemorative Coin Act - Authorizes the minting and issuance of five dollar gold coins and one dollar silver coins (at no net cost to the Government) to commemorate American participation in the World University Games. Requires that all surcharges from the sale of such coins be paid to the Greater Buffalo Athletic Corporation to support amateur athletic programs, erect facilities for the use of such athletes, and to underwrite the cost of sponsoring the World University Games.
United States · United States Congress · 18 June 1992
Directs the National World War II Memorial Fund, Inc., to construct a memorial on Federal land in the District of Columbia or its environs to: (1) honor members of the armed forces who served in World War II; and (2) commemorate U.S. participation in that conflict. Directs the fund to plan, design, and oversee the construction of the Memorial. Establishes the World War II Memorial Advisory Board to: (1) promote and encourage the donation of private funds for the construction of the Memorial; and (2) recommend the site for and assist in the selection of the design of the Memorial. Terminates the Board within 30 days after completion of the Memorial or on the lapse of the authority provided by this Act. Authorizes the Fund to solicit and accept private contributions for construction of the Memorial. States that the requirements and authority of this Act shall lapse if: (1) construction of the Memorial is not commenced within seven years of its enactment; or (2) before such construction, the Secretary of the Interior certifies that funds are not available in an amount sufficient to ensure its completion.
United States · United States Congress · 18 June 1992
Designates the Federal building and U.S. courthouse located at the corner of College Avenue and Mountain Street in Fayetteville, Arkansas, as the John Paul Hammerschmidt Federal Building and United States Courthouse.
United States · United States Congress · 9 June 1992
Declares that the Congress acknowledges and appreciates the commitment, devotion, and sacrifices of present and former military families. Designates November 23, 1992, as National Military Families Recognition Day.
United States · United States Congress · 4 June 1992
Action Now Health Care Reform Act of 1992 - Title I: Improved Access to Affordable Health Care Coverage - Subtitle A: Increased Affordability and Availability for Employees - Directs the Secretary of Health and Human Services (the Secretary) to request the National Association of Insurance Commissioners (the NAIC) to develop model regulations requiring each carrier that makes available in a State any small employer health benefit plan to make available to each small employer in the State a MedAccess basic plan and a MedAccess standard. Directs the Secretary to develop such regulations, if the NAIC does not. Defines MedAccess plan as a health benefits plan that: (1) provides benefits typical of the benefits offered in the small employer health coverage market or provides only benefits for essential preventive and medical services and has an average actuarial value not exceeding 60 percent of the average actuarial value of the typical benefits offered in the small employer health coverage market; (2) accepts every small employer in the State applying for coverage and accepts for enrollment every eligible individual (defined as an individual who is a full-time employee and, if family coverage is offered, covers the employee's spouse and dependents under age 19 or under age 25 for students); and (3) meets consumer protection standards established by this Act relating to limitation of pre-existing condition clauses, continuity of coverage, renewability, and premium limitations. Prohibits the imposition, by a carrier, of a limitation of benefits based on the fact a condition pre-existed the effectiveness of the policy if: (1) the condition relates to a condition not diagnosed within three months before coverage under the plan; (2) the limitation extends beyond six months after coverage under the plan; (3) the limitation applies to an individual who, as of date of birth, was covered under the plan; and (4) the limitation relates to pregnancy. Requires continuous coverage. Prohibits cancellation of a plan or denial of coverage unless there is: (1) nonpayment of premiums; (2) fraud; (3) noncompliance with plan provisions; (4) failure to maintain the required number of enrollees; (5) misuse of a provider network provision; or (6) a cessation by the carrier of the provision of any plan in a State. Amends the Internal Revenue Code to impose an excise tax which shall be paid by the carrier on the failure of a carrier or an employer health benefit plan to comply with the provisions of the Act. Directs the Secretary to request the NAIC to develop models for reinsurance or allocation of risk mechanisms for individuals and small employers who are enrolled under a small employer health benefit plan that meets the consumer protection standards and for whom a carrier is at risk of incurring high costs under the plan. Requires each State to establish and fund one or more reinsurance or allocation or allocation of risk mechanisms that are consistent with a model. Directs the Secretary to develop models, if the NAIC does not. Permits a State, in order to insure the financial solvency of the mechanism, to impose charges on any entity providing employee-related health benefits, so long as such charges do not discriminate with respect to entities that would not be subject to such charges. Directs the Secretary to establish a reinsurance or allocation of risk mechanism, if a State does not. Imposes an excise tax which shall be paid by the carrier on the providing of any health benefit plan which covers any employee in a Federal reinsurance State. Permits either a State or the Secretary (in a Federal reinsurance State) to require each employer health benefit plan to: (1) be registered; and (2) provide such information as is necessary for the reinsurance or allocation of risk mechanisms. Directs the Secretary to: (1) establish an Office of Private Health Coverage to be headed by a Director appointed by the Secretary; and (2) provide for the appointment of an advisory committee to advise the Director. Permits the Director to research the impact of this subtitle and conduct related demonstration projects. Requires the Director to develop: (1) methods of measuring, in terms of the expected costs of providing benefits under small employer health benefit plans and, in particular, MedAccess plans, the relative health risks of eligible individuals; and (2) a model for equitably distributing health risks among carriers in the small employer health care coverage market. Authorizes appropriations for the purposes of this paragraph. Subtitle B: Improved Small Employer Purchasing Power of Affordable Health Insurance - Preempts from insurance mandates a qualified small employer purchasing group, if the group consists of employers with not more than 100 employees, the group consists of not fewer than 100 employers, and the health benefit plans with respect to the employer members are in compliance with applicable State laws relating to health benefit plans. Subtitle C: Health Deduction Fairness - Amends the Internal Revenue Code to make permanent and increase from 25 to 100 percent the health insurance tax deduction for the self-employed. Subtitle D: Improved Access to Community Health Services - Directs the Secretary to provide for a program of grants to migrant and community health centers receiving grants or contracts under provisions of the Public Health Service Act in order to promote the provision of primary health care services for underserved individuals. Authorizes appropriations. Amends the Public Health Service Act to deem as an employee of the Public Health Service, for purposes of civil actions against commissioned officers or employees, any officer, employee, or contractor who is a physician or other licensed health care practitioner while performing functions for an entity receiving Federal funds under provisions of the Public Health Service Act. Requires an entity, in order to receive a grant under such provisions, to implement certain policies to assure against malpractice. Requires: (1) the Attorney General to estimate the amount of all claims expected, during each year, to arise against such an entity from acts of officers or employees; (2) the Secretary to withhold from grants to such entities the amount estimated; and (3) the withheld amount to be transferred to the Treasury to pay judgments against the United States arising from such claims. Directs the Secretary to make grants to public and nonprofit private entities to carry out demonstration projects for the purpose of increasing access to outpatient primary health services in geographic areas with a: (1) population of not more than 500,000 individuals; (2) shortage of personal health services; and (3) significant number of low-income or underinsured individuals. Sets forth requirements for receiving such grants. Authorizes appropriations. Subtitle E: Improved Access to Rural Health Services - Retitles title XII of the Public Health Service Act "Emergency Medical Services" (formerly, "Trauma Care") and directs the Secretary to establish the Office of Emergency Medical Services which shall, with respect to emergency medical services (including trauma care): (1) conduct research; (2) sponsor workshops; (3) assist States; and (4) coordinate activities. Authorizes the Secretary to make grants to States for the purposes of improving the availability and quality of emergency medical services through the operation of State offices of emergency medical services. Sets forth matching fund requirements. Provides for demonstration projects to establish telecommunications between rural medical facilities and other medical facilities that have equipment that can be utilized through telecommunications. Authorizes appropriations for purposes of the programs of this paragraph. Directs the Secretary to make grants to States to assist in the creation or enhancement of air medical transport systems that provide victims of medical emergencies in rural areas access to treatments for the injuries or other conditions arising from such emergencies. Sets forth requirements for grant applications. Authorizes appropriations. Amends title XVIII (Medicare) of the Social Security Act to extend for one year special treatment rules for Medicare-dependent small rural hospitals. Title II: Health Care Cost Containment and Quality Enhancement - Subtitle A: Medical Malpractice Liability Reform - Prohibits bringing a medical malpractice claim: (1) more than two years after the alleged injury should reasonably have been discovered and in no event more than four years after the alleged injury occurred; and (2) in any State court unless there has been an initial resolution through a certified alternative dispute resolution system (ADR). Requires the use of ADR in a Federal medical malpractice liability claim. Requires a pre-trial settlement conference in any medical malpractice liability action. Sets limits on: (1) noneconomic damages; (2) punitive damages; and (3) attorney's fees. Requires offsets for damages paid by a collateral source. Requires liability in a medical malpractice action to be several and not joint. Provides a complete defense to any allegation of negligence in a medical malpractice liability action to any defendant who followed the appropriate practice guideline. Prohibits finding a defendant guilty in a medical malpractice liability action relating to services provided during labor or delivery of a baby if the defendant did not previously treat the plaintiff during the pregnancy, unless the malpractice is proven by clear and convincing evidence. Directs the Secretary to determine whether a States' ADR meets ADR system requirements established by this Act. Establishes such requirements. Amends title XI (General Provisions and Professional Standards Review) of the Social Security Act to earmark funds for sanctioning practice guidelines for purposes of an affirmative defense in medical malpractice liability actions. Permits a State agency responsible for the conduct of disciplinary actions for a type of health care practitioner to enter into agreements with State or county professional societies for such type of health care practitioner to permit such societies to participate in the licensing of such health care practitioner and to review health care malpractice allegations. Requires each State to require each health care professional and provider to participate in a risk management program to prevent and provide early warning of practices which may result in injuries to patients or which otherwise endanger patient safety. Directs the Secretary to make grants for the conduct of basic research in the prevention of and compensation for injuries resulting from health care professional or health care provider malpractice, and research of the outcomes of health care procedures. Authorizes appropriations. Directs the Secretary to study the factors discouraging physicians from volunteering to provide health care services in medically underserved areas. Subtitle B: Administrative Cost Savings - Directs the Secretary to adopt standards relating to each of the following: (1) data elements for use in claims processing under health benefits plans; (2) uniform claim forms; and (3) uniform electronic transmission of the data elements. Authorizes the Secretary to require providers to submit claims to health benefit plans in accordance with such standards. Provides for periodic review of the standards. States that the term "health benefit plan," in this subtitle, includes the Medicare and Medicaid programs (titles XVIII and XIX of the Social Security Act). Requires the Secretary to promulgate standards for hospitals concerning electronic medical data. Permits the Secretary to promulgate standards concerning electronic medical data for providers that are not hospitals. Requires hospitals, in order to participate in Medicare, to: (1) maintain clinical data in a set of comprehensive data elements in electronic form on all patients; and (2) upon the Secretary's request, transmit electronically the data set and any data from such set. Provides for electronic transmission to Federal agencies. Prohibits a health benefit plan, if standards with respect to data elements are promulgated with respect to a class of provider, from requiring for the purpose of utilization review or as a condition of providing benefits under the plan that a provider in the class: (1) provide any data element not in the set of comprehensive data elements; or (2) transmit or present any such data element in a manner inconsistent with applicable standards. Directs the Secretary to establish an advisory commission of hospital executive and data base managers, physicians, health services researchers, and technical experts in the collection and use of data and operation of data systems. Authorizes appropriations for such commission. Requires the Secretary, in order to assure the availability of comparative value information to purchasers of health care in each State, to determine whether each State is developing and implementing a health care value information program that meets stated criteria. Permits grants to a State for the development of its health care value information program. Authorizes appropriations for such grants. Requires the head of each Federal agency with responsibility for the provision of health insurance or health care services to individuals to promptly develop health care value information relating to each program that such head administers. Directs the Secretary to develop model systems to facilitate: (1) the gathering of data on health care cost, quality, and outcome; and (2) analyzing such data to permit the valid comparison of such data. Authorizes appropriations for the development of such model systems. Directs the Secretary to adopt standards relating to the design and use of magnetized Medicare identification cards for the purpose of assisting health care providers in determining eligibility and billing. Authorizes appropriations. Nullifies any State law requiring that medical or health insurance records be maintained in written rather than electronic form. Requires each health benefit plan: (1) for each of its beneficiaries that has a social security number, to use that number as an identification number for claims processing; and (2) for each provider that has a unique identifier for Medicare purposes, to use that identifier for claims processing. Requires the Secretary to determine whether problems relating to the rules for determining liability when benefits are payable under two or more plans or the availability of information among such plans causes significant administrative problems, and if so, directs the Secretary to promulgate standards concerning liability and the transfer of information among plans. Directs the Secretary to provide grants to qualified entities to demonstrate the application of comprehensive information systems in continuously monitoring patient care and in improving patient care. Authorizes appropriations from the Federal Hospital Insurance Trust Fund. Subtitle C: Medical Savings Accounts (Medisave) - Amends the Internal Revenue Code to exclude from the gross income of an employee any amount contributed by the employer to a medical savings account pursuant to a qualified medical savings account plan. Sets contribution limits. Defines a "medical savings account" as a trust created exclusively for purpose of paying an individual's medical expenses. Permits expenses from such account only to the extent such amounts are not compensated for by insurance. Subjects the employee to taxation as owner of the account. Subtitle D: Medicaid Program Flexibility - Amends title XIX (Medicaid) of the Social Security Act to modify Medicaid contracting requirements for coordinated care services. Authorizes the Secretary to waive specified Medicaid requirements with respect to nursing facilities located in a State if the State provides assurances satisfactory to the Secretary that the waiver of such requirements will not adversely affect the quality of life of the residents in such facilities. Subtitle E: Limitations on Physician Self-Referrals - Amends title XVIII (Medicare) of the Social Security Act to extend physician self-referral limitations to all payors as well as to certain additional services. Revises exceptions. Requires the Secretary to conduct a study in order to estimate the changes in aggregate costs for designated health services, under the Medicare program and other health plans, which will result from the implementation of the amendments made by this subtitle. Subtitle F: Removing Restrictions on Managed Care - Preempts managed care restrictions under State law. Requires the Comptroller General to conduct a study of the benefits and cost effectiveness of the use of managed care in the delivery of health services. Subtitle G: Medicare Payment Changes - Amends the Medicare program to make revisions in the methodology for determining updates to Medicare hospital payments. Provides for a reduction in Medicare payment for clinical diagnostic laboratory tests. Subtitle H: Modification of the Operation of the Antitrust Laws to Hospitals - Permits two or more hospitals, without violating the antitrust laws, to share expensive medical services or high technology equipment. Directs the Secretary to grant waivers to exempt hospitals from the antitrust laws in order to carry out agreements permitting such sharing. Sets forth reporting requirements. Subtitle I: Encouraging Enforcement Activities of Medical Self-Regulatory Entities - Prohibits damages, interest on damages, costs, or attorney's fees from being recovered under the Clayton Act or any similar State law from any medical self-regulatory entity as a result of engaging in standard setting or enforcement activities designed to promote the quality of health care provided to patients.
United States · United States Congress · 4 June 1992
Dollars for Scholars Community Scholarship Foundation Development Act - Directs the Secretary of Education to make an endowment grant to an eligible organization to support the establishment of 25 regional centers to foster development of locally based, volunteer organizations to improve high school graduation rates and postsecondary attendance through providing academic support services and financial assistance for postsecondary education. Sets forth requirements for the eligible organization, the regional centers, and the local affiliates of the eligible organization. Sets forth conditions for the endowment grant. Authorizes appropriations.
![Official portrait of Rep. Boehlert, Sherwood [R-NY-24]](https://www.congress.gov/img/member/b000586_200.jpg)