United States · United States Congress · 6 October 1992
International Narcotics Control Act of 1992 - Amends the Foreign Assistance Act of 1961 to authorize appropriations for international narcotics control for FY 1993 and 1994. Exempts maritime law enforcement operations in archipelagic waters from a prohibition on U.S. participation in foreign police actions. Makes a prohibition on the use of narcotics control funds for the procurement of weapons or ammunition inapplicable (subject to congressional notification requirements) to: (1) weapons or ammunition for the defensive arming of aircraft used for narcotics control purposes; or (2) firearms and related ammunition provided to Department of State employees for narcotics control activities. Requires the President (currently, the Secretary of State) to maintain records on aircraft use under this title. Authorizes foreign military financing assistance under the Arms Export Control Act to be made available to finance the leasing of aircraft. Permits the use of narcotics control assistance to acquire land or real property for foreign military or law enforcement forces through leases of up to two years. (Current law prohibits the use of such assistance for such acquisitions by any means.) Prohibits the use of such funds (over a specified amount) for construction of facilities for use by such forces unless the President notifies the appropriate congressional committees. Revises congressional reporting and certification requirements with respect to international narcotics control. Amends the International Narcotics Control Act of 1989 to make certain dollar limitations on law enforcement assistance for Bolivia, Colombia, and Peru inapplicable on this Act's enactment date. Repeals obsolete provisions of specified Acts. Makes prohibitions on the provision of assistance to foreign law enforcement agencies inapplicable, during FY 1993 and 1994, to: (1) transfers of defense articles and services for counternarcotics purposes; and (2) foreign military financing and international military education and training for narcotics-related purposes. Makes provisions of law that restrict assistance to countries inapplicable with respect to narcotics-related assistance, provided that the President notifies the appropriate congressional committees. Authorizes the transfer of excess defense articles to major drug-transit countries. Prohibits the transfer of excess defense articles for conservation and wildlife management purposes or for modernization of military capability to any major illicit drug producing country or drug-transit country in Latin America or the Caribbean. Excludes construction equipment from the definition of "excess defense articles" for purposes of restricting the transfer of such equipment to foreign countries. Authorizes military education and training for civilian personnel from other than ministries of defense if such education and training would contribute to cooperation between military and law enforcement personnel with respect to counternarcotics law enforcement. Amends the Export-Import Bank Act of 1945 to prohibit the Bank from guaranteeing, insuring, or participating in an extension of credit in connection with sales of defense articles or services to any country (currently, countries designated under a section of the Internal Revenue Code as economically less developed countries). Exempts from such prohibition articles or services sold before September 30, 1997. Adds to the list of criteria required for approval of such financing that the President determines that the purchasing country has complied with restrictions concerning end use of such articles or services and has not used them to engage in human rights violations.
United States · United States Congress · 6 October 1992
Tax Fairness Restoration and Economic Growth Act - Title I: Tax Reductions - Subtitle A: Capital Gains Provisions - Amends the Internal Revenue Code to exclude capital gain from gross income and exempt capital gain from tax. Makes such exemption applicable to computing the alternative minimum tax. Subtitle B: Restoration of Income Averaging - Sets forth provisions to restore income averaging. Subtitle C: Elimination of Double Tax on Dividends - Allows a shareholder credit (for taxpayers other than corporations) for dividends from domestic corporations. Provides for determining such credit based on the corporation's post-1992 Federal income taxes and post-1992 undistributed earnings. Includes such credit in the determination of gross income. Allows corporations a 100 percent deduction for amounts received as dividends from domestic corporations. Revises computations on dividends received by corporations on the preferred stock of a public utility. Subtitle D: Permanent Extension of Research Credit - Makes permanent law the credit for increasing research activities. Subtitle E: Reduction of Individual Tax Rate - Reduces individual income tax rates by eliminating the highest tax bracket. Subtitle F: Retirement Savings Incentives - Part I Restoration of IRA Deduction - Amends the Internal Revenue Code to remove the limitations on deductions for individual retirement plans and provides a cost-of-living adjustment for deductible amounts. Part II: Nondeductible Tax-Free IRAs - Establishes special individual retirement accounts that are nondeductible. Makes such accounts nontaxable if earnings on contributions are held for at least five years. Applies the early withdrawal penalty to distributions made before the end of the five year-period. Part III: Penalty-Free Distributions - Provides exemptions from the ten-percent penalty on early withdrawals from individual retirement plans for: (1) first home purchases; (2) higher education expenses; and (3) financially devastating medical expenses. Subtitle G: Repeal of Excise Penalty Taxes on Autos - Repeals the excise tax on luxury items (passenger vehicles, boats, aircraft, jewelry, and furs). Subtitle H: Repeal of Limitation On Itemized Deductions - Repeals the overall limitation on itemized deductions. Subtitle I: Repeal of Passive Loss Limitations - Repeals passive loss limitations. Subtitle J: Restoration of 10-Percent Investment Credit - Restores the ten percent investment tax credit for property placed in service after enactment of this Act. Subtitle K: Restoration of Accelerated Cost Recovery System - Restores the accelerated cost recovery system as in effect on the day after the enactment of the Economic Recovery Tax Act of 1981. Subtitle L: Credit for First-Time Homebuyer - Allows a credit for a first-time homebuyer of ten percent of the price of the principal residence. Limits such credit to $2,500. Requires the residence to be acquired on or after February 1, 1992, and before January 1, 1993. Title II: Taxpayer Bill of Rights - Subtitle A: Additional Safeguards to Protect Taxpayers' Rights - Part I: 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). Part II: 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. Part III: 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. Part IV: 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. Part V: 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. Part VI: 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. Part VII: 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. Part VIII: 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. Part IX: 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. Subtitle B: 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 of any payments that cannot be associated with any outstanding tax liability. Subtitle C: Additional Improvements - 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 · 5 October 1992
Independent Counsel Act of 1992 - Amends the Federal judicial code to reauthorize the independent counsel law for an additional five years. Makes such law applicable to Senators and Representatives in, and Delegates and Resident Commissioners to, the Congress, subject to specified limitations. Provides for the periodic reappointment of an independent counsel. Sets forth reporting requirements. Revises provisions regarding: (1) subpoena power; (2) congressional requests for information; (3) attorney fees; (4) independent counsel per diem expenses; and (5) compliance with policies of the Department of Justice (DOJ). Limits the salaries of employees of the independent counsel's office to those paid for comparable positions in the office of the U.S. Attorney for the District of Columbia. Requires that an independent counsel use DOJ personnel in lieu of appointing employees to carry out the duties of the office of independent counsel. Limits to $500,000 the amount that may be expended in any one-year period to compensate employees appointed by an independent counsel or detailed to such office, except to the extent that an appropriations Act specifically makes available additional funds for such purpose. Grants DOJ and the Office of Government Ethics authority to enforce compliance with standards of conduct applicable to an independent counsel, persons serving in the office of an independent counsel, and their law firms. Prohibits the expenditure of funds for the operation of any office of independent counsel beyond the two-year period after its establishment, except to the extent that an appropriations Act enacted after such establishment specifically makes funds available for such office for use after the end of such period. Requires: (1) the Director of the Administrative Office of the U.S. Courts to provide administrative support and guidance to each independent counsel; (2) the Administrator of General Services to promptly provide appropriate office space within a Federal building for each independent counsel; and (3) an independent counsel to conduct all activities with due regard for expense, to authorize only reasonable expenditures, and promptly upon taking office to assign to a specific employee the duty to ensure that expenditures are made in accordance with such principles. Directs the Comptroller General of the United States to submit a report to the Congress recommending ways to improve controls on costs of independent counsel offices.
United States · United States Congress · 2 October 1992
Urges the President to: (1) express to the United Nations (UN) Security Council that the United States is willing to participate in the deployment of armed UN security guards, to secure emergency relief activities for Somalia and that the exigency of the crisis warrants authorization by the Security Council of the deployment of UN security guards even without an invitation by the various warring factions; (2) encourage discussion of alternative strategies for solving the political crisis in Somalia; (3) support the UN-sponsored relief coordination conference for Somalia scheduled for mid-October 1992; and (4) ensure that adequate U.S. financial support exists for the UN to carry out its mission in Somalia.
United States · United States Congress · 24 September 1992
Amends the Federal criminal code to establish penalties for committing or attempting to commit torture outside the United States. Grants jurisdiction over such activity if the alleged offender is: (1) a U.S. national; or (2) present in the United States. Makes this Act effective on the latter of the date of enactment of this Act or the date the United States has become a party to the Convention Against Torture and Other Cruel, Inhumane or Degrading Treatment or Punishment.
United States · United States Congress · 24 September 1992
International Narcotics Control Act of 1992 - Amends the Foreign Assistance Act of 1961 to authorize appropriations for international narcotics control for FY 1993 through 1995. Exempts maritime law enforcement operations in archipelagic waters from a prohibition on U.S. participation in foreign police actions. Makes a prohibition on the use of narcotics control funds for the procurement of weapons or ammunition inapplicable (subject to congressional notification requirements) to: (1) weapons or ammunition for the defensive arming of aircraft used for narcotics control purposes; or (2) firearms and related ammunition provided to Department of State employees for narcotics control activities. Requires the President (currently, the Secretary of State) to maintain records on aircraft use under this title. Authorizes foreign military financing assistance under the Arms Export Control Act to be made available to finance the leasing of aircraft. Permits the use of narcotics control assistance to acquire land or real property for foreign military or law enforcement forces through leases of up to three years. (Current law prohibits the use of such assistance for such acquisitions by any means.) Prohibits the use of such funds (over a specified amount) for construction of facilities for use by such forces unless the President notifies the appropriate congressional committees. Revises congressional reporting and certification requirements with respect to international narcotics control. Amends the International Narcotics Control Act of 1989 to make certain dollar limitations on law enforcement assistance for Bolivia, Colombia, and Peru inapplicable on this Act's enactment date. Repeals obsolete provisions of specified Acts. Makes prohibitions on the provision of assistance to foreign law enforcement agencies inapplicable, during FY 1993 through 1995, to: (1) transfers of defense articles and services for counternarcotics purposes; and (2) foreign military financing and international military education and training for narcotics-related purposes. Makes provisions of law that restrict assistance to countries inapplicable with respect to narcotics-related assistance, provided that the President notifies the appropriate congressional committees. Authorizes the transfer of excess defense articles to major drug-transit countries. Prohibits the transfer of excess defense articles for conservation and wildlife management purposes or for modernization of military capability to any major illicit drug producing country or drug-transit country in Latin America or the Caribbean. Excludes construction equipment from the definition of "excess defense articles" for purposes of restricting the transfer of such equipment to foreign countries. Authorizes military education and training for civilian personnel from other than ministries of defense if such education and training would contribute to cooperation between military and law enforcement personnel with respect to counternarcotics law enforcement. Amends the Export-Import Bank Act of 1945 to prohibit the Bank from guaranteeing, insuring, or participating in an extension of credit in connection with sales of defense articles or services to any country (currently, countries designated under a section of the Internal Revenue Code as economically less developed countries). Exempts from such prohibition articles or services sold before September 30, 1997. Adds to the list of criteria required for approval of such financing that the President determines that the purchasing country has complied with restrictions concerning end use of such articles or services and has not used them to engage in human rights violations.
United States · United States Congress · 18 September 1992
Regulatory Flexibility Amendments Act of 1992 - Amends Federal law to eliminate provisions respecting judicial review of Federal agency compliance with regulatory flexibility analysis requirements. Requires an agency to consider the direct and indirect effects of a rule in determining whether or not it is likely to have a significant impact on a substantial number of small entities. Sets forth guidelines governing agency transmittal of proposed rules to the Chief Counsel for Advocacy of the Small Business Administration. Authorizes such official to transmit to the agency a statement of opposition to the proposed rule. Requires publication of such statement and the agency's response in the Federal Register. Expresses the sense of the Congress that the Chief Counsel for Advocacy of the Small Business Administration should be permitted to appear as amicus curiae in any action or case brought in a U.S. court for the purpose of reviewing a rule.
United States · United States Congress · 12 August 1992
Authorizes the President, on behalf of the Congress, to present a gold medal to John Birks "Dizzy" Gillespie in recognition of his accomplishments as a musician. Authorizes appropriations. Authorizes the Secretary of the Treasury to provide for the sale of bronze duplicates of the medal.
United States · United States Congress · 12 August 1992
Urges the President to assist the United Nations (UN) in intensifying measures to address the plight of refugees and displaced persons from the former Yugoslav republics, especially Bosnia-Herzegovina, including: (1) the expansion of existing efforts by the UN High Commissioner for Refugees in the former Yugoslav republics to expedite assistance to refugees and displaced persons for the duration of the crisis; (2) immediate provision of emergency shelter, foodstuffs, sanitation facilities, and medical care to refugees and displaced persons from Bosnia-Herzegovina; (3) expansion of the registration process for all refugees and displaced persons in order to determine the magnitude and nature of refugee flows, with reliance on the assistance of appropriate agencies of the Federal Government as necessary; (4) a general accounting of persons missing, captured, injured, or killed in hostilities, in coordination with concerned governments, the International Committee on Red Cross, and other groups which may have relevant information; and (5) a determination of the places of origin of each refugee and displaced person, and inventories of abandoned property, to assist in the eventual process of repatriation and compensation. Urges the President to seek international agreement on: (1) reaffirming the right of all refugees to return to their former residences and to receive appropriate compensation; (2) to the extent consistent with international law, authorizing the use of seized assets of the former Yugoslav Government to assist the international relief effort; and (3) declaring null and void any documents signed under duress which transfer property of members of one ethnic group to members or organizations of another ethnic group.
United States · United States Congress · 11 August 1992
Supports the President's statement of August 6, 1992, and commends him for taking decisive steps to put pressure on Serbia to stop the conflict in Bosnia-Hercegovina, including through: (1) the diplomatic and political isolation of Serbia; (2) the strict enforcement of sanctions provided for in United Nations (UN) Security Council Resolution 757; (3) the implementation of the Security Council-endorsed plan to place heavy weapons belonging to all factions in Bosnia-Hercegovina under UN supervision; (4) the resumption of peace talks among all parties to the conflict; and (5) urging the Security Council to authorize measures, including the use of military force, necessary to ensure the provision of humanitarian relief to the people of Bosnia-Hercegovina. Urges the Security Council to consider means by which: (1) UN and International Committee of the Red Cross personnel shall be granted immediate, unimpeded, and continuous access to all refugee camps, prisoners-of-war camps, internment camps, and other places of detention in all of the republics of the former Socialist Federal Republic of Yugoslavia; and (2) civilians in Bosnia-Hercegovina shall be protected from the use of force and violations of the laws of war. Expresses the sense of the House of Representatives that an international tribunal should be convened to: (1) investigate allegations of war crimes and crimes against humanity committed within the territory of the former Socialist Federal Republic of Yugoslavia; and (2) accumulate evidence against, charge, and otherwise prepare the basis for trying any individual whom the tribunal has probable cause to believe is responsible for or committed such a crime.
United States · United States Congress · 10 August 1992
Congratulates the citizens of Israel on concluding fair and open democratic elections. Welcomes Prime Minister Rabin to the United States. Applauds his statements and actions encouraging active participation in the search for peace. Calls upon all parties in the region to actively and seriously engage in the peace process.
United States · United States Congress · 4 August 1992
Condemns the killing and destruction by the political factions in Somalia. Urges such factions to abide by the United Nations (UN) ceasefire and to allow the deployment of security forces to protect humanitarian relief deliveries and workers. Commends the efforts of UN Secretary-General Boutrous Ghali and his Special Envoy to Somalia, Ambassador Sahnoun. Pays tribute to the actions of relief agencies working in Somalia. Recognizes the July 27, 1992, statement of the President urging the UN to deploy a sufficient number of security forces to permit relief supplies to move into and within Somalia, and committing funds for such an effort. Calls upon: (1) the international community to immediately expand its relief efforts in Somalia; and (2) the President to work with the UN Security Council to deploy security forces immediately to assure that humanitarian relief gets to those most in need.
United States · United States Congress · 3 August 1992
Requires the Director of the U.S. Information Agency, notwithstanding restrictions on the dissemination of Agency materials within the United States, to make available to the Archivist of the United States master copies of the documentary film entitled "The Voice" and the radio documentary entitled "All of Our Yesterdays." Directs the Archivist to: (1) reimburse the Director for such copies; (2) deposit such copies in the National Archives; and (3) make copies of the master copies available for purchase and public viewing and broadcast.
United States · United States Congress · 3 August 1992
Freedom for Russia and Emerging Eurasian Democracies and Open Markets Support Act of 1992 or FREEDOM Support Act - Title I: General Provisions - Sets forth U.S. policy with respect to assistance to the independent states of the former Soviet Union (excluding Estonia, Latvia, and Lithuania). Expresses the sense of the Congress that such policy should make assistance to any of the independent states conditional on the termination of military and technical assistance, subsidies, and other forms of assistance to Cuba from such states. Permits assistance to governmental entities of the independent states only to the extent that such states are: (1) making significant progress toward and are committed to a democratic system; (2) respecting human rights; (3) making significant progress in and are committed to economic reform based on market principles, private ownership, and integration into the world economy; (4) respecting international law and obligations and adhering to the Helsinki Final Act of the Conference on Security and Cooperation in Europe and the Charter of Paris; and (5) adhering to arms control obligations and to responsible security policies. Prohibits U.S. assistance and other benefits under this Act (other than title V) or other laws to the Government of Azerbaijan until the President reports to the Congress that such government is taking steps to cease all blockades and uses of force against Armenia and Nagorno-Karabakh. Directs the President to designate a coordinator within the Department of State to be responsible for coordinating assistance to the independent states. Title II: Bilateral Economic Assistance - Amends the Foreign Assistance Act of 1961 to authorize the President to provide assistance to the independent states to promote the following objectives: (1) meeting urgent humanitarian needs; (2) establishing a democratic and free society; (3) developing a free-market system; (4) promoting trade and investment; (5) converting military technologies and defense industries into civilian activities; (6) introducing market-based mechanisms for food distribution and encouraging policies that provide support for the agricultural sector; (7) promoting programs to strengthen quality health care and voluntary family planning, housing, and other components of a social safety net; (8) promoting educational reform; (9) promoting energy efficiency and production; (10) promoting environmental protection, conservation, and safety; and (11) improving transportation and telecommunications infrastructure and management. Authorizes the President to promote the involvement of the U.S. private sector in such activities. Authorizes the use of economic support fund assistance for assistance under this title. Requires assistance to maximize the use of U.S. goods and services. Authorizes appropriations. Establishes a Democracy Corps, a private, nonprofit corporation, to maintain a presence in the independent states. Directs the Administrator of the Agency for International Development to make an annual grant to the Democracy Corps. Requires the grant to be used by the Corps to assist at the local level in the development of: (1) institutions of democratic governance; and (2) nongovernmental organizations of a civil society. Directs the Corps to carry out its activities through the placement of teams of U.S. citizens with appropriate expertise in the independent states to: (1) provide advice and technical assistance; (2) make small grants to assist in the development of such institutions and organizations; (3) identify other sources of assistance; and (4) operate local centers to serve as information and educational centers and to encourage those involved in the development of democratic institutions, market-oriented economies, and civil societies. Prohibits the use of funds for the Corps or any grant from the Corps to finance the campaigns of candidates for public office. Sets forth: (1) requirements for the Board of Directors of the Corps and for its advisory committee; and (2) auditing requirements and congressional oversight procedures. Earmarks a specified amount of funds authorized under the Foreign Assistance Act of 1961 for the Corps. Title III: United States Information Agency and Department of State - Authorizes appropriations for FY 1993 for: (1) the U.S. Information Agency for expenses with respect to the independent states; and (2) the Department of State for costs of personnel and expenses for new posts in the independent states. Amends the Omnibus Diplomatic Security and Anti-Terrorism Act of 1986 to require at least 15 Fascell fellowships (for service at diplomatic or consular missions in the Soviet Union or Eastern Europe) to be provided in FY 1993. Makes funding available under the Foreign Assistance Act of 1961 for fellowships at missions in the independent states. Title IV: International Financial Institutions and Trade Finance - Amends the Bretton Woods Agreements Act to authorize: (1) the U.S. Governor of the International Monetary Fund (IMF) to consent to an increase in the U.S. quota of the IMF and to the amendments to the Articles of Agreement of the IMF approved in resolution 45-3 of the Board of Governors; and (2) the U.S. Executive Director of the IMF to approve a pledge to sell gold to restore the resources of the Reserve Account of the Enhanced Structural Adjustment Facility Trust. Makes appropriations for the IMF quota increase. Expresses the sense of the Congress with respect to encouraging efforts to address economic and political problems of nations making transitions to more open political and economic systems. Directs the Secretary of the Treasury to report to the Congress on the debt incurred by the former Soviet Union held by commercial banks outside the independent states and the prospects for repayment of such debt. Supports U.S. participation in a currency stabilization fund for the independent states. Requires the Secretary to instruct the U.S. Executive Director of the IMF to urge the IMF to study the need for, and feasibility of, a currency stabilization fund for Ukraine and make recommendatations with respect to the economic and policy conditions required for the success of such a fund. Expresses the sense of the Congress that the President should ensure that the International Finance Corporation provides an ambitious lending program for such states. Amends the International Finance Corporation Act to authorize the U.S. Governor of the Corporation to: (1) vote for any increase in capital stock needed to accommodate the requirements of the independent states; and (2) agree to amendments to the Corporation's Articles of Agreement to increase the votes by which the capital stock may be increased and by which the Articles of Agreement may be amended. Amends the Bretton Woods Agreements Act to direct the Secretary of the Treasury to instruct the U.S. Executive Director of the International Bank for Reconstruction and Development (World Bank) to urge the Bank to: (1) establish or continue programs to provide technical assistance to the independent states in support of democratic reforms, human rights, the rule of law, and market-oriented reforms; and (2) coordinate its assistance with assistance provided by other donors. Amends the International Financial Institutions Act to add the European Bank for Reconstruction and Development and the IMF to the list of institutions through which the United States shall advance human rights. Directs the Secretary to instruct the U.S. Executive Directors of international financial institutions, in assessing human rights, to consider, in relation to assistance to Russia and the other independent states, the responsiveness of such governments to providing a substantial accounting of Americans missing in action. Requires the Export-Import Bank to report to the Congress on: (1) the demand for loans, guarantees, and insurance for trade between the United States and the independent states; and (2) recommendations for promoting trade between the United States and the independent states. Amends the Export-Import Bank Act of 1945 to remove prohibitions on export credit with respect to Czechoslovakia, Estonia, East Germany, Hungary, Latvia, Lithuania, Albania, Bulgaria, Poland, Yugoslavia, Romania, and the Soviet Union. Makes a provision of the Federal criminal code that prescribes penalties for financial transactions with foreign governments in default on obligations to the United States inapplicable with respect to obligations of the independent states of the former Soviet Union. Title V: Nonproliferation and Disarmament Activities - Amends the Foreign Assistance Act of 1961 to authorize the President to provide assistance to promote nonproliferation and disarmament activities by supporting: (1) dismantlement and destruction of nuclear, biological, and chemical weapons, their delivery systems, and conventional weapons; (2) efforts to halt the proliferation of such weapons, systems, and related technologies; (3) establishment of science and technology centers for nonmilitary purposes; and (4) the conversion of military technologies and capabilities and defense industries of the independent states into civilian activities. Authorizes the President to support one or more of such centers to provide incentives for weapons scientists and engineers of the former Soviet Union to apply their expertise to civilian projects. Waives provisions of title I that require an independent state to meet certain conditions in order to receive assistance with respect to such support. Sets forth reprogramming notification requirements and funding provisions with respect to such support. Encourages the Secretaries of Defense and Energy to participate actively in U.S. efforts to stem the proliferation of nuclear weapons. Authorizes appropriations for FY 1993 for international nonproliferation activities. Reduces amounts of funds authorized under the National Defense Authorization Act for Fiscal Year 1993 for procurement for the Defense Agencies. Prohibits the obligation of funds during FY 1993 for the nonproliferation program unless expenditures for that program during FY 1993 have been determined by the Director of the Office of Management and Budget to be counted against the defense category of the discretionary spending limits for FY 1993. Makes authorizations for international proliferation activities inapplicable if the National Defense Authorization Act for Fiscal Year 1993 enacts the same authorities and authorizes appropriations. Amends the Soviet Nuclear Threat Reduction Act of 1991 to increase the amount of funds that may be transferred from Department of Defense accounts for use in reducing the Soviet military threat. Makes such amendment inapplicable if the National Defense Authorization Act for Fiscal Year 1993 enacts a similar amendment. Authorizes the Director of the National Science Foundation to establish an endowed, nongovernmental, nonprofit foundation to: (1) promote and support joint research and development projects for peaceful purposes between scientists and engineers in the United States and the independent states on subjects of mutual interest; and (2) seek to establish joint nondefense industrial research, development, and demonstration activities through private sector linkages which may involve participation by scientists and engineers in the university or academic sectors. Makes funds appropriated under the National Defense Authorization Act for Fiscal Year 1993 (to the extent available) available for the establishment of the endowment. Requires an independent state, as a condition of participation in the foundation, to make a minimum contribution to the endowment which shall reflect its ability to make a financial contribution and its expected level of participation in the foundation's programs. Authorizes local currencies generated by U.S. assistance programs to be made available to the foundation. Title VI: Space Trade and Cooperation - Requires any request for a license or other approval described under this title that is submitted to a U.S. Government agency by the National Aeronautics and Space Administration (NASA) to be considered on an expedited basis by that agency. Provides for notification of designated congressional committees if an agency denies a request. Applies this title to requests for licenses or approval necessary to conduct discussions with an independent state with respect to the possible acquisition of any space hardware, space technology, or space service for integration into U.S. space projects that have been approved by the Congress. Encourages the Office of Space Commerce of the Department of Commerce to conduct trade missions to appropriate independent states to familiarize U.S. aerospace industry representatives with space hardware, technologies, and services that may be available from the independent states and with the business practices and business climate of such states. Directs the Office of Space Commerce to: (1) monitor the progress of any discussions being carried out by NASA with the independent states; and (2) advise the NASA Administrator of the impact on U.S. industry of each potential acquisition of space hardware, technology, or services from the independent states, including any anticompetitive issues the Office may observe. Title VII: Other Provisions - Amends the Foreign Assistance Act of 1961 to remove Czechoslovakia, Estonia, East Germany, Hungary, Latvia, Lithuania, Albania, Bulgaria, Poland, Yugoslavia, Romania, and the Soviet Union from the list of Communist countries to which assistance is prohibited. Amends the Federal criminal code to remove the Soviet Union, East Germany, Hungary, Czechoslovakia, Poland, Bulgaria, and Romania from a list of countries for which special restrictions apply with respect to legal commercial transactions. Amends the Food for Progress Act of 1985 to consider the independent states to be emerging democracies for purposes of eligibility for agricultural commodities furnished under such Act. Authorizes the President to enter into agreements with private entities (as well as other entities currently listed under such Act) to furnish such commodities. Waives the annual tonnage limitation under such Act with respect to commodities furnished from stocks of the Commodity Credit Corporation (Corporation) during FY 1992 and 1993 to such states. Permits the Corporation to make commodities available on credit terms to the independent states. Amends the Agricultural Development and Trade Act of 1990 to permit export credit guarantees to be available for the establishment or improvement of facilities or the provision of services or U.S. goods in emerging democracies by U.S. persons if such guarantees will promote the export of U.S. agricultural commodities. Amends the Agricultural Act of 1978 to remove conditions on export financing of, and export credit guarantees with respect to, agricultural commodities by the Corporation that require the development of the importing country as a foreign market on a long-term basis or the improvement of the capability of such country to use such commodities on a long-term basis. Makes such amendments applicable only with respect to the independent states. Authorizes the Corporation to use such financing and guarantees to assist emerging democracies that have committed to carry out policies that promote economic freedom, private domestic production of food commodities for domestic consumption, and the expansion of domestic markets for the purchase and sale of such commodities. Expresses the sense of the Congress that the President should encourage the involvement of multinational organizations to monitor the transport and distribution of food aid within the independent states. Declares that the Corporation's export credit guarantee and export enhancement programs should be administered in a manner that contributes to the achievement of the objective that the U.S. share of world trade in processed agricultural products and high-value agricultural products is not less than 15 percent. Directs the Corporation to ensure that at least 35 percent of the total amount of credit guarantees issued in connection with sales to the independent states under the export credit guarantee program (and 25 percent of the funds expended under the export enhancement program) in a fiscal year are issued (or expended) to promote the export of processed and high-value agricultural products, with the balance issued (or expended) to promote the export of bulk or raw agricultural commodities. Makes such percentage requirements inapplicable only if the percentage of the total amount of: (1) credit guarantees issued in a fiscal year to promote the export of such products to all countries is less than 25 percent; and (2) funds expended and value of commodities made available in a fiscal year to promote such exports to all countries is less than 15 percent. Requires the Secretary of Agriculture to make quarterly reports to the Congress on the costs and imputed revenues attributable to exports of commodities as well as an examination of the effects of export efforts on employment levels and opportunities in the U.S. agricultural sectors and related industries. Amends the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1990 to extend certain provisions granting refugee status or permanent residence to nationals of the independent states, Estonia, Latvia, and Lithuania.
United States · United States Congress · 22 July 1992
Federal Grants for State and Local "G.I. Bills" for Children - Requires the Secretary of Education to use specified funds to make competitive grants to States and localities for educational choice programs. Authorizes reservation of a specified portion of such funds for national evaluation of such programs. Authorizes appropriations. Makes a State or locality eligible for such a grant if it: (1) has taken significant steps to provide a choice of schools to families with school children in the program area, including those not eligible for scholarships under this Act; (2) will, if awarded a grant, provide scholarships to parents of eligible children that may be redeemed for elementary or secondary education at a broad variety of public and private (including religious) schools serving that area; and (3) permits all such lawfully operating schools serving the area to participate in its program under this Act if they so choose. Requires grantees to provide scholarships to parents of eligible children, with a value of $1,000 from Federal funds under this Act and an additional amount, if any, of State, local, and nongovernmental funds. Excludes such scholarships from consideration as income for Federal income tax or Federal program eligibility purposes. Requires such scholarships to be provided to parents of children who reside in the program area, will attend a participating public or private school, and are from a middle- or low-income family (as determined by the grantees, in accordance with the Secretary's regulations). Limits the maximum family income for eligibility to not more than the higher of the State or national median family income. Provides for continuation of such scholarship aid to a child in each program year, unless the child no longer resides in the program area or no longer attends school, or the child's family income exceeds by 20 percent or more than the maximum income of families who received scholarships in the preceding year. Requires the grantee to provide scholarships to the lowest income families if the grant amount is insufficient to provide such aid to each child up to the income level for which the grantee applied. Sets forth application requirements, including descriptions of program areas and economic profiles of children residing there. Requires that programs be selected to receive such grants on the basis of: (1) number and variety of educational choices they make available to families of eligible children; (2) extent to which choices among public, private, and religious schools are available to all families in the area, including those not eligible for scholarships; (3) proportion of children from low-income families among participants; and (4) applicant's financial support of the program, including, State, local, and nongovernmental supplementary funds, not only for scholarships but also for other economic incentives such as tax relief (taking local conditions into account). Requires awards to programs in urban and rural areas and in different areas of the Nation. Requires award of annual grants, taking account of availability of appropriations, number and quality of applications, and other appropriate factors. Allows each grant to be for up to four years and to be renewed for an additional four-year period. Requires the following sequence for use of the Federal portion of such a scholarship: (1) for tuition and fees at the school selected by the parents, and for reasonable transportation costs (at the parent's option); (2) if the parent's so choose, for supplementary academic services for the child (up to $500 in cost) from any provider chosen by the parents that the grantee determines is capable to do so and has an appropriate refund policy; and (3) any remaining funds to be used either by the public school the child attends for student academic achievement programs, or, if the child attends private school, by the grantee for additional scholarships. Sets forth the effect of this Act on other programs. Requires a local educational agency to provide to any child in an educational choice program the same services that it would otherwise provide to that child under chapter 1 title I Elementary and Secondary Education Act of 1965 provisions for educationally disadvantaged children. Declares that this Act does not affect specified requirements under the Individuals with Disabilities Education Act. Provides that such scholarships are aid to families, not institutions, so that their expenditure shall not be construed as Federal financial aid or assistance to a school or provider of supplementary academic services. Requires schools or providers of academic services, in order to receive scholarship funds under this Act, to comply with antidiscrimination requirements under specified Federal laws. Directs the Secretary to promulgate regulations to implement this requirement, taking into account the purposes of this Act and the nature, variety, and missions of schools and providers that may participate. Prohibits consideration of Federal funds provided under this Act in Federal, State, or local agency determination of other assistance to such grantees or schools attended. Provides that no State constitution or law shall be construed or applied to prohibit any grantee from: (1) paying administrative costs of a program under this Act; or (2) providing any Federal funds received under this Act to parents for use at a religious or other private institution. Declares that nothing in this Act authorizes the Secretary to exercises direction, supervision, or control over any participating school or educational institution as to curriculum, instructional program, administration or personnel. Directs the Secretary to conduct with specified reserved funds, a national evaluation of the program authorized by this Act. Directs the Secretary to promulgate regulations to enforce this Act. Prohibits such enforcement through a private cause of action.
United States · United States Congress · 2 July 1992
Fiscal Accountability and Impact Reform Act (FAIR Act) - States that one purpose of this Act is to assist the Congress in consideration of proposed legislation establishing or revising Federal programs to assure that, to the maximum extent practicable, legislation enacted will: (1) minimize the burden of such legislation on expenditure of scarce local public resources by State and local governments; (2) minimize inefficient allocation of economic resources; and (3) reduce the adverse effect of such legislation on the ability of State and local governments to use local public resources to meet local needs, and on allocation of economic resources, full employment, and international competitiveness. States that a second purpose of this Act is to require Federal agencies to exercise discretionary authority and implement statutory requirements in a manner which, consistent with agency mission and Federal law, minimizes the impact of regulations and other major Federal actions affecting the economy on: (1) the ability of State and local governments to use local public resources to meet local needs; and (2) the allocation of economic resources, full employment, and international competitiveness of American goods and services. Title I: Legislative Reform - Provides that whenever a committee of either House reports a bill to its House which mandates unfunded requirements upon State and local governments or the private sector, the report accompanying that bill shall analyze the effect of the new requirements on: (1) State and local government expenditures necessary to comply with Federal mandates; (2) private businesses; and (3) economic growth and competitiveness. Title II: Agency Impact Analysis - Requires, to the fullest extent practicable, that: (1) the policies, regulations, and public laws of the United States be interpreted and administered in accordance with the purposes of this Act; (2) all Federal agencies, consistent with attainment of the requirements of Federal law, minimize the adverse effects of rules affecting the economy; and (3) Federal agencies take certain actions in promulgating new rules, reviewing existing rules, developing legislative proposals, or initiating any other major Federal action affecting the economy whenever an agency identifies two or more alternatives which will satisfy the agency's statutory obligations. Provides that, whenever an agency publishes a general notice of proposed rulemaking, promulgates a final rule, or before initiating or implementing any other major Federal action affecting the economy, the agency shall prepare and make available for public comment an Economic Impact Assessment. Specifies the contents of such an assessment. Provides for judicial review of final agency actions for compliance with this title.
United States · United States Congress · 25 June 1992
Urges the Board for International Broadcasting to: (1) authorize RFE/RL, Incorporated to commence broadcast activity of Radio Free Europe to the successor states of Yugoslavia; and (2) ensure that such broadcast activity provides to the people of the region objective, balanced reporting of developments in the former Yugoslav states and international reaction to the situation in the former Yugoslavia, and that such new broadcasting service is adequately staffed with professional journalists constituting a fair representation of the major ethnic groups of the region.
United States · United States Congress · 23 June 1992
Urban Entrepreneurial Opportunities Act - Amends the Internal Revenue Code to allow a deduction for equity contributions made by a corporation to an urban entrepreneurial opportunity financing subsidiary of such corporation. Requires the subsidiary to use such contribution in making qualified enterprise zone business loans to qualified small business concerns. Establishes an overall program limitation among the contributing corporations to be allocated by the Secretary of Housing and Urban Development.
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 · 17 June 1992
Authorizes the Secretary of the Navy to: (1) lease the Vreeland, Trippe, and Connole "Knox" class frigates to the Government of Greece; (2) transfer the excess "Charles F. Adams" class guided missile destroyer Berkeley to such Government; and (3) lease the Brewton, Robert E. Peary, and Kirk "Knox" class frigates to the Coordination Council for North American Affairs for Taiwan.
United States · United States Congress · 4 June 1992
Cuban Democracy Act of 1992 - Sets forth U.S. policy with respect to Cuba. Declares that the President should encourage countries that conduct trade with Cuba to restrict their trade and credit regulations with Cuba in a manner consistent with this Act. Authorizes the President to impose the following sanctions against countries that provide assistance to Cuba: (1) ineligibility for assistance under the Foreign Assistance Act of 1961 or the Arms Export Control Act; (2) a prohibition on agreements with the United States for the establishment of free trade areas; and (3) ineligibility for forgiveness or reduction of debt owed to the U.S. Government. Terminates such sanctions if the President reports to the Congress that Cuba has met conditions established under this Act concerning democracy, human rights, and a free market economy. Prohibits restrictions on the export to Cuba of medicines, subject to specified conditions and inspection requirements. Permits telecommunications services between the United States and Cuba. Requires the U.S. Postal Service to provide direct mail service to and from Cuba. Authorizes the President to provide assistance to promote nonviolent democratic change in Cuba. Prohibits the issuance of licenses for certain transactions between U.S.-controlled firms in third countries and Cuba. Bars domestic concerns from receiving a tax deduction for the portion of the deductible expenses of such concerns which are allocated or apportioned to income derived from Cuba. Prohibits vessels which enter Cuba to engage in trade from loading or unloading any freight in the United States within 180 days after departure from Cuba. Prohibits: (1) vessels carrying goods or passengers to or from Cuba or carrying goods in which a Cuban national has an interest from entering a U.S. port, except as authorized by the Secretary of the Treasury; and (2) specified commodities authorized to be exported under a general license from being exported under such a license to any such vessels. Directs the President to establish strict limits on remittances to Cuba by U.S. persons for purposes of financing the travel of Cubans to the United States to assure that such remittances are not used by the Cuban Government as a means of gaining access to U.S. currency. Declares that food, medicine, and medical supplies for humanitarian purposes should be made available to Cuba under the Foreign Assistance Act of 1961 and the Agricultural Trade Development and Assistance Act of 1954 if the President certifies to the House Foreign Affairs Committee and the Senate Foreign Relations Committee that the Government of Cuba: (1) has made a commitment to hold free and fair elections for a new government within six months and is proceeding to implement that decision; (2) has made a commitment to respect and is respecting human rights and basic democratic freedoms; and (3) is not providing weapons or funds to any group in any other country that seeks the violent overthrow of the government of such country. Waives sanctions against Cuba under this Act if the President reports to the Congress that Cuba: (1) has held free and fair elections conducted under internationally recognized observers; (2) has permitted opposition parties ample time to campaign for such elections and has permitted full access to the media to all candidates; (3) is showing respect for basic civil liberties and human rights; (4) is moving toward establishing a free market economic system; and (5) has committed itself to constitutional change that would ensure regular free and fair elections. Requires the President, if he makes such report, to take the following actions with respect to a freely-elected Cuban Government: (1) encourage the admission of such government to international organizations and financial institutions; (2) provide emergency relief during Cuba's transition to a viable economic system; (3) take steps to end the U.S. trade embargo of Cuba; and (4) enter into negotiations for a trade agreement with Cuba. Requires the Secretary of the Treasury to exercise the authorities of the Trading With the Enemy Act in enforcing this Act. Authorizes appropriations. Amends the Trading With the Enemy Act to authorize the Secretary to impose a civil penalty on violators of such Act. Provides for forfeiture of any property or vessel that is the subject of a violation. Requires the Department of the Treasury to establish a branch of the Office of Foreign Assets Control in Miami, Florida.
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 · 28 May 1992
Used Oil Recycling Act of 1992 - Amends the Solid Waste Disposal Act to prohibit the listing or identification of used oil destined for recycling, used oil to be burned for energy recovery, recycled oil, or affiliated material as hazardous wastes. Requires the Administrator of the Environmental Protection Agency to: (1) promulgate regulations for the management of used oil and to encourage recycling of such oil; and (2) take into account the effect of such regulatons on small businesses. Exempts from such regulations used oil generated, collected, or stored by an individual who removes oil from the engine of a motor vehicle, aircraft, household appliance, or item of domestic equipment if owned by such individual and used only for personal purposes. Sets forth regulation requirements for used oil generators, including to: (1) prohibit the storage of used oil in an underground tank unless it meets specified requirements of the Solid Waste Disposal Act; (2) prohibit the storage of used oil for more than 12 months; (3) make used oil in above ground tanks subject to the Spill Prevention and Countermeasure Control Plan requirements of the Federal Water Pollution Control Act; and (4) require owners or operators of such tanks or other used oil containers to notify the Administrator of releases of used oil in excess of 25 gallons and to clean up such releases and comply with closure or disposal requirements. Authorizes the transfer of used oil by generators only to: (1) a permitted used oil recycling facility or a burner of used oil for energy recovery that complies with specifed regulations; (2) a permitted hazardous waste management facility; or (3) a used oil transporter obligated by contract to deliver used oil to another such transporter or to one of the aforementioned facilities. Sets forth recordkeeping requirements for generators, transporters, and recyclers and requires records to be maintained for at least three years. Applies used oil storage and transfer requirements for generators to transporters, except permits transporters to store such oil for only 60 days before transferring it to another transporter or authorized facility. Requires transporters to: (1) comply with all requirements of the Secretary of Transportation for the shipping of used oil; (2) comply with financial responsibility requirements of the Hazardous Materials Transportation Act; and (3) have identification numbers provided by the Administrator. Sets forth regulation requirements for recyclers of used oil. Exempts from regulations used oil generated by: (1) petroleum refining or exploration, production or transportation facilities, or bulk terminals which is to be refined or processed along with normal process streams at a refining facility; and (2) a manufacturer or processor or by an electric or gas utility that is processed, reclaimed, or refined by such generator or its parent, subsidiary, or corporate affiliate, provided that the oil is reused by such entities and such activities meet certain storage, shipping, financial responsibility, contingency, and release detection requirements under this Act. Applies storage requirements similar to those for generators and transporters to recyclers, as well as requiring: (1) aboveground storage tanks and containers of used oil recyclers to comply with hazardous waste storage standards; (2) recyclers to maintain contingency plans to minimize unanticipated damage from used oil; (3) recyclers to comply with requirements for maintenance and operation of used oil recycling facilities and training of personnel; (4) detection of releases of used oil at recycling facilities and cleanup; (5) testing by recyclers, prior to processing, of all used oil received for levels of arsenic, cadmium, chromium, lead, halogens, polychlorinated biphenyls (PCBs), and other materials, as appropriate, and for the testing of fuel for such materials before it leaves the facility; (6) the separate storage of used oil contaminated with any hazardous waste for a specified time period; (7) financial responsibility equivalent to that required for hazardous waste facilities; and (8) class permits for recycling facilities. Requires the Administrator to conduct annual inspections of used oil recycling facilities to determine compliance with permit requirements. Makes a facility ineligible to apply for a permit if: (1) the facility has utilized any pit, pond, lagoon, or other surface impoundment for containing used oil; and (2) there has been a release from such impoundments which requires corrective action or is otherwise subject to post closure care requirements. Permits States to be authorized by the Administrator to carry out permit programs. Prohibits: (1) the placement of used oil in such impoundments or in any uncovered tank; (2) the mixing of used oil with a hazardous waste unless the mixture is managed as a hazardous waste; and (3) the use of used oil as a dust suppressant. Requires the Administrator to promulgate regulations for the closure of such impoundments and tanks containing used oil, to include requirements for: (1) corrective action or postclosure care; (2) allowable fuel specification levels for lead and halogens for the burning of used oil for energy recovery; and (3) lead levels for the burning of industrial specification used oil. Requires oil fuels failing to meet lead limitations to be burned in specified facilities. Directs the Administrator to implement education activities to inform the public about the hazards associated with the improper handling and disposal of used oil and the benefits derived from legitimate used oil recycling. Authorizes appropriations. Requires the Administrator to publish guidelines to assist State and local governments and other public service organizations in the development of used oil collection programs. Makes used oil generators who comply with this Act eligible for an exclusion from cost recovery authorities of the Comprehensive Environmental Response, Compensation and Liability Act. Directs the Administrator to propose regulations establishing guidelines for the procurement of used oil by Federal agencies and other governmental entities.
United States · United States Congress · 21 May 1992
Withdraws most favored nation status from the Federal Republic of Yugoslavia. Authorizes the President to restore such status after he certifies to the Congress that: (1) such treatment would promote compliance with the provisions of the Final Act of the Conference on Security and Cooperation in Europe; and (2) Yugoslavia has ceased its armed conflict with the other ethnic peoples of the region, and has agreed to respect the borders of the six republics, that formerly comprised the Socialist Federal Republic of Yugoslavia.
United States · United States Congress · 19 May 1992
Overseas Private Investment Corporation Amendments Act of 1992 - Amends the Foreign Assistance Act of 1961 to revise provisions concerning the Overseas Private Investment Corporation (OPIC). Raises the ceiling on the per capita income levels of countries established for purposes of granting preferential consideration for, or restricting, OPIC investment projects. Replaces provisions concerning OPIC's capital to require the Secretary of the Treasury to hold OPIC's capital stock. Extends the authority of the pilot equity program through September 30, 1997, and removes provisions that limit such program to Subsaharan African countries and Caribbean countries designated as beneficiary countries under the Caribbean Basin Economic Recovery Program. Authorizes OPIC to establish a fund for such program and to make transfers to the fund from its income, revenues, and other funds. Raises the ceiling on the total amount of OPIC's investment guaranties. Extends OPIC's authority to issue investment insurance and guaranties to September 30, 1997. Authorizes appropriations for OPIC's operating and administrative expenses. Removes provisions concerning limitations on the issuance of guaranties and the Direct Investment Fund. Authorizes direct investment loans only to the extent provided in advance in appropriations Acts. Revises funding provisions concerning the Insurance Reserve and removes references to the Guaranty Reserve. Revises provisions concerning fees to authorize OPIC to charge fees for services provided. Provides that credit transactions covered by the Federal Credit Reform Act of 1990 and project-specific transaction costs relating to loan obligations or loan guaranty commitments shall be considered cash flows from the Government and requires such obligations to be paid out of a financing account established pursuant to such Act. Provides that loans, guaranties, or investments made with funds received in foreign currency by OPIC shall not be considered for purposes of limitations on obligations, commitments, and equity investment. Adds OPIC to the list of Federal agencies authorized to seek criminal penalties against borrowers who make fraudulent statements in connection with loan applications.
United States · United States Congress · 12 May 1992
Commends the Government of Cyprus and President Vassiliou for the assurances given and the cooperation extended to the Secretary General of the United Nations (UN) and his representatives in efforts to reach agreement on the Cyprus problem. Urges the administration: (1) and all parties concerned with such problem, especially Turkey, to support the UN Secretary General and Security Council in the effort to achieve progress in the negotiations; and (2) to intensify its efforts in support of the Secretary General in his search for a negotiated solution.
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 · 7 May 1992
Prohibits U.S. assistance to Serbia and Montenegro or any successor entity and requires the President to block all assets of the former Yugoslavian Government until he certifies to the Congress that: (1) Serbia and Montenegro have withdrawn their forces from Croatia and Bosnia-Hercegovina; and (2) the government of Serbia and Montenegro or any successor entity is democratically-elected and recognizes the territorial integrity of neighboring states and the political rights of Kosovo. Urges President Bush to withdraw U.S. recognition of Yugoslavia and to refuse to recognize Serbian and Montenegrin claims as a successor state. Supports withholding formal recognition of Serbia and Montenegro until all Serbian military, paramilitary, and irregular units are withdrawn from Bosnia-Hercegovina, Slovenia, and Croatia and until Serbia and Montenegro respect the territorial integrity of neighboring nations. Calls upon the administration to impose an "air cap" to provide protection to Bosnia-Hercegovina and Croatia, as is being afforded to the Kurds in Iraq. Supports the immediate provision of humanitarian and refugee assistance for the victims of war in Bosnia-Hercegovina and Croatia. Urges President Bush to call for a special meeting of the United Nations Security Council to adopt a resolution calling on member countries to: (1) suspend aid to Serbia and Montenegro; (2) block Serbian assets; (3) participate in an international trade embargo of Yugoslavia; (4) withdraw recognition of the Yugoslavian Government; and (5) terminate Yugoslavia's membership in international and multilateral organizations.
United States · United States Congress · 6 May 1992
Urges the United States to: (1) hold the Government of Serbia accountable for the attacks on and occupation of the Republics of Bosnia-Hercegovina and Croatia, and for human rights abuses in Kosovo; (2) withhold diplomatic recognition of Serbia and Montenegro until Serbia ceases its aggression against such republics and halts the brutal repression of the Albanian people in Kosovo and the denial of the right to self-determination; and (3) actively encourage its allies to follow the same course.
United States · United States Congress · 6 May 1992
Congratulates the residents of Jerusalem and the peopole of Israel on the 25th anniversary of the reunification of that city. Urges that: (1) Jerusalem remain an undivided city in which the rights of every ethnic and religious group are protected; and (2) the President and Secretary of State issue an unequivocal statement in support of such principle.
United States · United States Congress · 5 May 1992
Designates September 18, 1992, as National POW/MIA Recognition Day. Requires the POW/MIA flag to be flown on a flagstaff of the White House, the Departments of State, Defense, and Veterans Affairs, the Selective Service Commission, each national cemetery, and the National Vietnam Veterans Memorial on such day. Requires the flag to be flown on a flagstaff of each national cemetery and the National Vietnam Veterans Memorial on May 30, 1992 (Memorial Day), and on November 11, 1992 (Veterans Day). States that the flag shall be displayed as a symbol of national concern and commitment to resolving the fates of Americans still prisoner, missing, and unaccounted for.
United States · United States Congress · 28 April 1992
Recognizes the 50th anniversary of the Battle of the Coral Sea by: (1) paying tribute to the U.S.-Australian relationship; (2) reaffirming the importance of U.S.-Australian security cooperation; and (3) expressing support for continued U.S.-Australian cooperation on economic and security issues in Asia and the Pacific.
United States · United States Congress · 8 April 1992
Amends the Internal Revenue Code to allow a first-time homebuyer who purchases a principal residence a tax credit of ten percent of the purchase price of such residence. Limits the credit to $5,000. Requires married individuals filing jointly to both be first-time homebuyers. Allows the use of 50 percent of the credit in the first taxable year in which the residence is purchased and the remaining 50 percent in the succeeding taxable year. Makes this credit applicable to residences acquired after February 1, 1992, and before January 1, 1993, or for which a binding contract is entered into during such period.
United States · United States Congress · 8 April 1992
Expresses the sense of the Congress that the President should extend for one year the 90-day moratorium on new unnecessary Federal regulations ordered in the President's Memorandum on Reducing the Burden of Government Regulations, dated January 28, 1992.
United States · United States Congress · 8 April 1992
Condemns the extraconstitutional and anti-democratic actions of President Fujimori in Peru. Commends President Bush for his condemnation of such actions and suspension of U.S. assistance. Calls on: (1) President Fujimori to immediately restore the democratically-elected Congress, the judiciary, civil liberties, and a free and independent news media, to release political detainees, and to ensure respect for human rights; (2) the President to continue the suspension of U.S. assistance and seek to delay approval of any international loans for Peru until civilian democratic government is restored and to consider further actions to encourage such restoration; and (3) the Organization of American States to adopt measures that will help restore democracy in Peru.
United States · United States Congress · 7 April 1992
Condemns the conduct since November 1991 of General Mohamed Farah Aideed, Interim President Ali Mahdi Mohamed, and other warring parties in Somalia (the parties) which has resulted in the destruction of Mogadishu and has placed the entire civilian population of the city at risk. Calls upon the parties to: (1) curb the violence and destruction by immediately suspending artillery shelling; (2) guarantee protection of relief commodities; and (3) participate in good faith in United Nations (UN) sponsored efforts to achieve a ceasefire and political reconciliation in Somalia. Commends: (1) the U.S. Office of Foreign Disaster Assistance for its efforts to provide food and humanitarian relief to Somalia; and (2) UN Secretary General Boutros Ghali for his attention to Somalia and for promoting the adoption of resolutions on Somalia in the UN Security Council. Calls upon the U.S. representative to the UN to urge the UN to: (1) appoint a special UN envoy to Somalia; (2) take steps to assure the safety of UN and other relief personnel and to coordinate relief efforts and facilitate negotiations; and (3) allow the provisions of extensive food and humanitarian relief even in the absence of a ceasefire. Requests that the Secretary of State convey to the parties the U.S. condemnation of the practices employed by all parties which have contributed to the tragedy in Somalia.
United States · United States Congress · 7 April 1992
Commends the people of Albania for the successful democratic election that was held on March 22, 1992. Urges: (1) the newly-elected Albanian Government to accelerate market reforms and complete the establishment of democratic institutions; (2) the President to take steps to increase trade opportunities between the United States and Albania; and (3) increased humanitarian assistance to Albania.
United States · United States Congress · 26 March 1992
Rescinds certain budget authority proposed to be rescinded (R92-99) (Consortium for International Earth Science Information Network in Saginaw, Michigan) in a special message transmitted to the Congress by the President on March 20, 1992, in accordance with the Impoundment Control Act of 1974.
![Official portrait of Rep. Broomfield, William S. [R-MI-19]](https://www.congress.gov/img/member/b000890_200.jpg)