United States · United States Congress · 5 October 1992
Provides for the withdrawal of nondiscriminatory treatment (most-favored-nation treatment) with respect to products imported from the Republic of Turkey. Authorizes the President to restore nondiscriminarty treatment to Turkish goods 30 days after certifying to the Congress that Turkey has: (1) released and accounted for the Americans abducted by Turkish forces during the invasion of Cyprus in 1974 and the Greek Cypriots who have been missing since that invasion; (2) restored to original condition for Christian worship churches that were converted to mosques; (3) withdrawn from Cyprus all Turkish military forces in excess of those permitted by the 1960 Treaty of Alliance and all Turkish colonists; (4) returned the area of Famagusta/Varosha to Cyprus; (5) returned property of U.S. citizens that was illegally taken by Turkish forces and the Denktash Turkish Cypriot regime; (6) undertaken negotiations that have resulted in progress toward establishing democracy in Cyprus; (7) halted its violations of the human rights of its Kurdish citizens; and (8) complied with the United Nations Charter, specified United Nations resolutions, and the North Atlantic Treaty, and is not engaged in human rights violations or ethnic cleansing.
United States · United States Congress · 30 September 1992
Amends the Federal Aviation Act of 1958 to require air carriers that have acquired certificates of convenience and necessity transferring air route authority to South America, Central America, and the Caribbean from another air carrier to hire from the latter, on the basis of seniority, approximately 6,500 employees required to operate such routes. Requires disputes over implementation of such transfers to be resolved by arbitration under the provisions of the Tiger International Seaboard Acquisition Case, CAB Docket 33712.
United States · United States Congress · 29 September 1992
Emergency Jobless Benefits Extension Act of 1992 - Amends the Emergency Unemployment Compensation Act of 1991 (Public Law 102-164) to increase the number of weeks for which benefits are payable to unemployed workers under such Act. (Increases also the number of weeks of unemployment benefits payable to certain railroad workers under such Act.) Conforms certain financing provisions of such Act to amendments made by this Act. Requires that the provisions of (and amendments made by) this Act be treated as emergency requirements designated by the President and the Congress under the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act). Requires that any amount of new budget authority, outlays, or receipts resulting from the provisions of (and amendments made by) this Act not be considered for any purpose under the Balanced Budget and Emergency Deficit Control Act of 1985.
United States · United States Congress · 17 September 1992
Family Investment Act of 1992 - Title I: Family and Medical Leave - Subtitle A: Short Title; Findings and Purposes - Family and Medical Leave Act of 1992 - Sets forth the short title of this title I, along with findings and purposes. Subtitle B: General Requirements for Leave - Establishes certain requirements for family and medical leave for permanent employees. Makes employees eligible for such leave if they have been employed, by the employer from whom leave is sought, for at least: (1) a total of 12 months; and (2) 1,250 hours of service during the previous 12-month period. (Excludes from such coverage: (1) employees at worksites at which the employer employs less than 50 persons, if the total number of employees of that employer within 75 miles of that worksite is less than 50; and (2) Federal officers and employees covered under subtitle C of this title.) Entitles employees to 12 workweeks of leave during any 12-month period because of: (1) the birth and care of their child; (2) the placement of a child for their adoption or foster care; (3) their care of a child, spouse, or parent who has a serious health condition; or (4) their own serious health condition which makes them unable to perform the functions of their position. Conditions such leave for the birth or placement of a child as follows: (1) the entitlement ends 12 months after the birth or placement; (2) such leave may not be taken intermittently unless employee and employer agree otherwise. Allows intermittent leave for necessary medical treatment of an employee or family member. Allows the employer to require a temporary transfer to an equivalent alternative position that better accommodates such intermittent leave. Allows all leave to which an employee is entitled under this subtitle: (1) to be taken on a reduced leave schedule, upon agreement with the employer; and (2) to consist of unpaid leave, except under specified conditions when substitution of certain types of paid leave may be elected or required. Declares that nothing in this Act shall require an employer to provide paid sick or medical leave in any situation in which the employer would not normally provide any such paid leave. Requires employees to: (1) give at least 30 days' notice of the need for leave to which they are entitled under this Act, when foreseeable; and (2) make a reasonable effort to schedule medical treatment or supervision so as not to disrupt unduly the employer's operations, subject to approval of the health care provider. Allows limitation of the dual aggregate leave entitlement to 12 weeks in any 12-month period, in the case of spouses employed by the same employer, if such leave is for the birth or placement of a child or for the care of a sick parent. Sets forth conditions of certification for leave entitlements under this title, including provisions relating to: (1) sufficient certification; (2) explanation of inability to perform job functions; (3) dates and duration of planned medical treatment in the case of intermittent leave; (4) second opinion; (5) resolution of conflicting opinions; and (6) subsequent recertification. Sets forth employment and benefits protections relating to leave entitlements under this title. Requires restoration of the employee to his or her position or an equivalent position upon return from such leave. Allows an employer to deny such restoration to certain highly compensated employees (i.e. those among the highest paid ten percent of the employer's employees within 75 miles of the facility at which the employee works), under specified conditions, if necessary to prevent substantial and grievous economic injury to the employer's operations. Requires maintenance of employee health benefits during such leave. Allows the employer to recover premiums paid for such coverage if the employee fails to return to work after the leave period has expired for reasons other than a certified serious health condition or other circumstances beyond the employee's control. Prohibits employers or other persons from: (1) interfering with employee rights under this title; or (2) from discriminating against any individual because of participation in proceedings or inquiries under this subtitle, or because the individual opposes any practice made unlawful by this subtitle. Sets forth the investigative authority of the Secretary of Labor (the Secretary) under this subtitle. Provides for enforcement of this title. Provides for administrative action by the Secretary to resolve complaints of violations under this subtitle in the same manner as under specified provisions of the Fair Labor Standards Act of 1938. Provides for civil actions by employees, and by the Secretary on their behalf. Makes an employer who violates this subtitle's prohibitions against interfering with employee exercise of rights or discriminating against employees liable for damages in the amount of: (1) any wages, salary, employment benefits, or other compensation denied or lost to the employee by reason of the violation; (2) (in any case where such compensation has not been denied or lost) any actual monetary losses sustained by the employee as a direct result of the violation, such as the cost of providing care, up to the amount of 12 weeks' wages or salary; (3) interest on such losses; and (4) an additional amount of liquidated damages equal to the sum of such losses and the interest (except that the court may reduce or eliminate such additional liquidated damages in cases where the employer can show good faith and reasonable grounds for believing that the act or omission was not a violation). Makes such employers also liable for appropriate equitable relief, including, without limitation, employment, reinstatement, and promotion. Requires the court to allow attorney's fees and other costs of the action to be paid by the defendant in addition to any judgment awarded to the plaintiff. Sets forth provisions for limitations of such civil actions. Sets forth provisions for action for injunction by the Secretary. Sets forth special rules concerning employees of local educational agencies and of private elementary and secondary schools, including provisions relating to intermittent leave for instructional employees, periods near the completion of an academic term, and reduction of liability. Requires employers to post notice of the pertinent provisions of this subtitle. Requires fines for willful violations of such requirement. Directs the Secretary of Labor to prescribe regulations to carry out this subtitle. Subtitle C: Leave for Civil Service Employees - Amends specified Federal law to entitle civil service employees to family and temporary medical leave for specified periods. Makes such employees eligible for such leave if they have been employed by an employing agency for at least 12 months on other than a temporary or intermittent basis. Allows such employees up to 12 administrative workweeks in any 12-month period for: (1) family leave (i.e., leave because of the birth or placement of a child or care of a sick spouse, child, or parent), but such leave may not be used at a time more than 12 months after such birth or placement; or (2) temporary medical leave for a serious health condition that makes the employee unable to perform the functions of their position. Provides that such leave shall be without pay. Allows employees to substitute other types of paid leave for any part of such leave. Sets forth requirements for employees to give prior notice of the need for such leave, when foreseeable, and to schedule medical treatments, if possible, so as to not unduly disrupt the employing agency's operations. Sets forth certification provisions. Provides for protection for job position and health insurance benefits of employees using such leave. Sets forth prohibitions against coercion. Requires the Office of Personnel Management to prescribe regulations for administration of this title which are consistent with the regulations prescribed by the Secretary of Labor under subtitle B of this title. Subtitle D: Commission on Leave - Establishes the Commission on Leave. Requires the Commission to conduct a comprehensive study of: (1) existing and proposed policies relating to leave; (2) the potential costs, benefits, and impact on productivity of such policies on employers; and (3) alternative and equivalent State enforcement of this title with respect to employees of local educational agencies and private schools. Requires the Commission to report on such study to the Congress within two years after the Commission first meets. Terminates the Commission within 30 days after its report to the Congress. Subtitle E: Miscellaneous Provisions - Sets forth the effect of this title on other laws and existing employment benefits. Provides that nothing in this title shall be construed to discourage employers from adopting more generous leave policies. Directs the Secretary of Labor to prescribe regulations to carry out this subtitle within 60 days. Subtitle F: Coverage of Congressional Employees - Applies the rights and protections established under specified provisions of subtitle B of this title to Senate employees and any employing office of the Senate. Makes specified provisions of the Government Employee Rights Act of 1991 applicable, with certain exceptions including limitations on the period for requests for counseling. Provides that allegations shall be considered by the Office of Senate Fair Employment Practices or another entity designated by the Senate. Requires such Office to ensure that Senate employees are informed of their rights under this title. Applies the rights and protections under subtitle B of this title to employees of the House of Representatives, except for the exemption concerning highly compensated employees. Requires that the remedies and procedures under the Fair Employment Practices Resolution be applied in administering such coverage. Title II: Head Start, Child Immunization, and WIC Programs as Emergency Funding for Budget Purposes - Amends the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) to treat as emergency funding requirements not subject to discretionary spending limits the costs of carrying out Head Start programs under the Head Start Act, child immunizations under the Public Health Service Act, and the special supplemental food program (WIC) under the Child Nutrition Act of 1966. Title III: Parents as Teachers - Parents as Teachers: the Family Involvement in Education Act of 1992 - Amends the Elementary and Secondary Education Act of 1965 to establish a Parents as Teachers program. Authorizes the Secretary of Education (the Secretary) to make grants to States for parents as teachers programs, with special consideration for hard-to-serve populations. Makes eligible for such a grant any State which operates a parents as teachers program associated with the Parents as Teachers National Center in Missouri. Sets forth program requirements, limiting services to families during the period from the last three months of a mother's pregnancy to the child's attaining age three. Directs the Secretary to: (1) establish a Parents as Teachers National Center for information dissemination and technical and training assistance for States with such programs; and (2) evaluate such programs within four years. Provides for a declining Federal share in such program from 100 percent in the first year to 25 percent in the fifth year. Authorizes appropriations. Title IV: Family Preservation - Subtitle A: References to Social Security Act - States that, except as otherwise expressly provided, all amendments in this title are to the Social Security Act. Subtitle B: Child Welfare Services - Amends part B (Child Welfare Services) of title IV of the Social Security Act (SSA) to create an entitlement program for specialized child welfare services designed to keep together or reunify families in crises due to substance abuse, and prevent the need for placement in foster care. Repeals provisions for incentive payments to States which maintain a foster care inventory, information system, and case review system; but requires States to provide such protections and other services designed to keep families together or reunify them, or to place children for adoption, with a legal guardian, or in some other planned, permanent living arrangement. Requires States to submit the following types of reports on child welfare services and expenditures: (1) pre-expenditure reports; (2) post-expenditure reports; and (3) comparative financial contributions reports. Requires the Secretary of Health and Human Services to transmit annually to specified congressional committees a summary of the information in such contributions reports. Reserves funds for entitlement grants to State court systems to assess and improve procedures in child welfare cases, in carrying out SSA title IV parts B and E (Foster Care and Adoption Assistance). Sets forth application requirements and formulas for determining the amount of such grants for FY 1994 through 1998. Directs the Secretary to submit interim and final reports to the Congress on the information obtained from assessments conducted with such grants and the impact of such grant program on State court procedures and functions. Requires each State to compile biennially a detailed directory of programs designed to keep families together or reunify them or place children permanenty, identifying which of such programs provides specialized child welfare services to families in crisis due to substance abuse. Requires State part B plans to contain a description of the measures taken by the State to comply with the Indian Child Welfare Act. Subtitle C: Foster Care and Adoption Assistance - Amends SSA title IV to add a new part C, Comprehensive Service Projects to grant States the flexibility and resources to develop comprehensive and coordinated services designed to: (1) preserve and strengthen families with children at risk of placement outside their homes; (2) reunite children with their families expeditiously if an out-of-home placement is found to be necessary; and (3) place children in adoptive homes or other permanent arrangements in a timely fashion if reunification with their families is not appropriate. Permits any State to apply to the Secretary for permission to: (1) conduct a comprehensive service project in a selected area or areas; and (2) suspend certain child welfare services and foster care and adoption assistance requirements with respect to State activities in such area or areas during the project. Sets forth: (1) application requirements and administrative provisions for such projects; (2) requirements with which such a project must comply; (3) provisions for determining project grant amounts; and (4) requirements for notification to States of such amounts, and for grant payments in equal quarterly installments. Places restrictions on the manner in which a State may carry out such projects. Requires States to report annually on funds expended under such projects to the Secretary and the Advisory Commission on Children and Families. Provides for project termination. Permits foster care and adoption assistance payments to be made in certain cases involving abandoned children and children whose adoption has been set aside by a court. Makes technical changes in the foster care maintenance and adoption assistance programs with respect to the removal from home requirement. Gives States the option of providing for respite care for foster parents with children who have special needs. Expands the definition of children with special needs for purposes of the adoption assistance program. Requires each States to submit to the Secretary the factors and conditions it uses to identify children with special needs, for purpsoes of such program, and any modifications to such factors and conditions. Directs the Secretary to establish an Advisory Committee on Foster Care Placement to study and report to the Secretary and the Congress on reasonable efforts requirements under State part E plan provisions. Covers specified percentages of State costs in developing, installing, and operating statewide mechanized data collection and information retrieval systems which: (1) the Secretary determines are likely to enhance the administrations of programs under parts B and E; and (2) meet other specified requirements. Requires State part E plans to provide for: (1) a triennial review of the amounts paid as foster care maintenance payments and adoption assistance to assure their continuing appropriateness; and (2) a report to the Secretary on the results. Requires that the dispositional hearing to determine the final status of a foster child occur within 12 months of his or her original placement, rather than the current 18 months. Revises: (1) the definition of "case review system"; and (2) the time frame for judicial determinations on voluntary placements. Sets forth case plan requirements for placement of children in out-of-State foster care. Requires annual review of the status of children in out-of-State foster care placements with the child present, except under certain circumstances. Requires States to collect data on the numbers of children in out-of-State foster care placements. Requires a State, in order to receive payments for expenditures after FY 1994 for foster care maintenance payments with respect to children placed in foster care outside the State, to conduct and submit to the Secretary a study identifying the number and common characteristics of such children and the reason why they were not placed in foster care in the State. Permits States to allow foster children making the transition from foster care to independent living to accumulate assets for the purpose of establishing a household. Eliminates: (1) the ceilings on Federal foster care payments to States; and (2) the States' authority to transfer unused foster care funds to the Child Welfare Services program. Directs the Secretary to: (1) establish an advisory committee; and (2) after consultation with it, issue final regulations for training of staff of agencies responsible for administering foster care and adoption assistance programs and for training of foster and adoptive parents. Directs the Secretary to publish annually information, on a State-by-State basis, on expenditures for, and the operations of, the Child Welfare Services program, the Foster Care and Adoption Assistance program, and Comprehensive Service Projects. Amends SSA title IV to add a new part G, Child Welfare Review System, under which the Secretary is required to: (1) establish a new system for reviewing State child welfare program compliance with SSA requirements; and (2) take certain actions in cases of noncompliance, which include imposing financial penalties. Subtitle D: Social Services Block Grant - Amends SSA title XX (Block Grants to States for Social Services) to authorize increased appropriations under such grant program. Provides for the allocation of funds to Indian tribes and tribal organizations. Subtitle E: Research, Demonstration, and Evaluation Activities - Amends part A (General Provisions) of SSA title XI to require the Director of the Office of Technology Assessment (OTA) to establish an Advisory Commission on Children and Families. Requires the Commission to collect and assess specified types of information in order to identify cost-effective approaches to protect and enhance the physical, mental, emotional, and financial well-being of children and their families. Directs OTA to report annually to the Congress on the Commission and its assessment. Requires the Commission to conduct, directly or through contracts with independent research organizations, the following research and evaluation projects: (1) an evaluation of child welfare service programs, including intensive family preservation programs; (2) foster care evaluations; (3) longitudinal child welfare data bases, and studies of child welfare population dynamics; and (4) comprehensive service projects evaluations. Requires the Commission to study child separation guidelines. Directs the Secretary to contract with independent organizations to conduct the following research and evaluations: (1) a study to assess the prevalence and nature of risks to the safety of employees of child welfare systems; and (2) a three-year study to examine methodologies for measuring the workloads of providers of child welfare services and community mental health services. Directs the Secretary to authorize the following types of child welfare demonstration projects: (1) expeditious permanent placement of children; (2) child welfare worker training to deliver culturally sensitive and special needs services in U.S. areas that border on Mexico; (3) child welfare worker recruitment and retention strategies; and (4) joint training of child welfare workers and staff of mental health and juvenile justice agencies. Permits the Secretary to authorize foster care and adoption assistance demonstration projects to test the feasibility of eliminating certain SSA income and resources requirements, and allowing States to receive reimbursement for foster care and adoption assistance payments made with respect to children without regard to such income and resources. Directs the Secretary to provide technical assistance to States for: (1) implementing child welfare services, comprehensive service projects, and foster care and adoption assistance programs; (2) disseminating information on innovative child welfare agencies; (3) correcting problems identified through Federal audits and reviews and carrying out corrective action plans under foster care and adoption assistance programs; (4) implementing the foster care and adoption data collection system; and (5) addressing other matters identified by the Secretary. Subtitle F: Miscellaneous Human Resources Amendments - Amend SSA title IV part A (Aid to Families with Dependent Chidren) (AFDC) to: (1) give States the option to use retrospective budgeting without monthly reporting under the AFDC program; and (2) increase the stepparent income disregarded under the AFDC program. Amends the Family Support Act of 1988 to provide for an extension of the period for demonstration projects for evaluating model procedures for reviewing child support awards. Title V: Safe Children and Communities - Safe Children and Communities Act of 1992 - Authorizes the Secretary to make grants for projects to improve the safety of families with children in low-income, violent communities. Authorizes appropriations.
United States · United States Congress · 16 September 1992
Declares that it is U.S. policy to seek international agreements prohibiting the sale, transfer, or export, limiting the use, and terminating the production, possession, or deployment, of antipersonnel landmines. Expresses the sense of the Congress that the President should seek to negotiate an international agreement or a modification of the Convention on Prohibitions or Restrictions on the Use of Certain Conventional Weapons Which May Be Deemed to Be Excessively Injurious or To Have Indiscriminate Effects to prohibit the sale, transfer, or export of antipersonnel landmines. Prohibits, for a period of one year from this Act's enactment date: (1) sales, financing, transfers, and the issuance of licenses under the Arms Export Control with respect to antipersonnel landmines; and (2) assistance under the Foreign Assistance Act of 1961 with respect to the provision of such landmines.
United States · United States Congress · 16 September 1992
National Grandparent Resource Center Act of 1992 - Amends the Older Americans Act of 1965 to direct the Commissioner of the Administration on Aging to make grants or enter contracts for the establishment of the National Resource Center for Grandparents.
United States · United States Congress · 15 September 1992
Forfeiture Equity Act of 1992 - Requires the Attorney General to establish a system for paying State and local government sums in lieu of taxes which would be due on property civilly seized by the Attorney General if such property had not been seized.
United States · United States Congress · 12 August 1992
Emergency Jobless Benefits and Transitional Employment Act of 1992 - Title I: Modifications to Unemployment Compensation Programs - Subtitle A: Emergency Unemployment Compensation Program - Amends the Emergency Unemployment Compensation Act of 1991 (Public Law 102-164, as amended) to increase the number of weeks for which emergency unemployment compensation program benefits are payable (by an additional 13 weeks for individuals who received such benefits before July 5, 1992). Makes similar adjustments to the program of benefits for railroad workers. Modifies eligibility requirements under such Act. Sets forth a special rule under which an individual's unemployment benefits under such Act will not be denied or reduced because of qualified services under the transitional employment program (established under title III of this Act) which the individual performs on a part-time basis while participating in a job search assistance program (established by the State employment service or pursuant to the Job Training Partnership Act). Revises financing provisions under such Act to include amendments made by this Act. Subtitle B: Reemployment Assistance Programs - Amends Internal Revenue Code provisions relating to Federal unemployment tax (also known as the Federal Unemployment Tax Act or FUTA) to allow the employer-taxpayer to take as an additional credit against the FUTA tax the amount contributed into a reemployment assistance fund maintained under a State law certified by the Secretary of Labor. Limits the total credit allowed to a taxpayer to not more than 12 percent of the FUTA tax against which such credits are taken. Provides for approval of such State law by the Secretary if: (1) it establishes a reemployment assistance program for eligible workers; (2) the program is funded by requiring additional contributions from employers subject to State unemployment compensation law; and (3) such additional contributions are deposited in a special fund used solely for such assistance to such workers (including administration costs). Defines reemployment assistance as any of the following: (1) counseling and testing services; (2) intensive job search assistance; (3) job search vouchers; (4) retraining assistance; (5) retraining vouchers; (6) job search and relocation allowances; (7) self-employment assistance; (8) cash allowances to individuals participating in training; and (9) wage subsidies. Defines eligible workers as any individual receiving unemployment compensation under State law during any benefit year if such individual: (1) has received compensation during such benefit year for at least four consecutive weeks; and (2) had at least 78 weeks of employment at wages of $30 or more a week during the three-year period ending on the last day of the base period for such benefit year. Makes specified certification procedures applicable. Sets forth a transitional rule for 1993. Amends the Social Security Act to require establishment of a program to evaluate State reemployment assistance programs and make such evaluation results available to the States and the public. Authorizes appropriations for such evaluation. Subtitle C: Other Provisions - Amends the Federal-State Extended Unemployment Compensation Act of 1970 to increase the amount of the Federal reimbursement to States for extended unemployment compensation benefits. Modifies the rate of the Federal unemployment tax (FUTA). Title II: Modifications to Trade Adjustment Assistance Program - Amends the Trade Act of 1974 to expand workers' group eligibility under the trade adjustment assistance program. Title III: Elementary and Secondary School Facility Repair and Renovation Employment Activities - Part A: General Purpose and Authority - Establishes one-year program to employ unemployed individuals in repair or rehabilitation of elementary and secondary school facilities. Makes an individual eligible to participate in a program or activity under this title only if that individual: (1) has exhausted all rights to unemployment compensation under Federal and State law; (2) is currently receiving emergency unemployment compensation; or (3) is eligible for activities under dislocated worker provisions of the Job Training Partnership Act (JTPA). Limits such individual eligibility to 26 weeks. Sets forth equal employment opportunity requirements for programs under this title. Sets forth requirements for: (1) eligible administrative entities and eligible jurisdictions; and (2) limitations on use of funds (requiring at least 75 percent for participant wages and benefits, and including an exception for training and related support costs). Part B: Elementary and Secondary School Facility Improvement Jobs - Provides for public school facility repair, renovation, or rehabilitation projects employing eligible participants. Requires the eligible administrative entity to use program funds to contract with one or more eligible local educational agencies in an eligible jurisdiction to carry out such projects. Requires use of such funds, to the maximum extent feasible, for quick-start projects or activities on which on-site labor can begin within 30 days of receipt of funds. Authorizes the use of project funds, with respect to public school facilities, to: (1) bring such facilities into conformance with laws relating to individuals with disabilities, environmental protection, or health and safety; (2) repair, renovate, or rehabilitate (including electrical rewiring for new technology); (3) convert presently unused structures into adult training centers; (4) remodel or renovate for energy efficiency; or (5) detect, remove, or otherwise contain asbestos in facilities used by students. Sets forth program requirements for Indian tribal school facilities projects. Sets forth requirements for allotment of funds by the Secretary of Labor to eligible jurisdictions. Requires quarterly reports by eligible administrative entities. Requires the eligible administrative entity to give priority to projects and activities designed by the local administrative entity on the basis of specified factors. Requires coordination of employment opportunities established with funds under this title with other Federal, State, and local activities. Part C: General Provisions - Sets forth general requirements for programs under this title, including: (1) nondiscrimination provisions; (2) use of funds only for supplementary activities; (3) prohibition on substitution for other government programs; (4) resident participation in services (with an exception for homeless individuals who cannot prove residence in the jurisdiction); and (5) prohibition on political activities. Requires minimum or prevailing hourly wage rates with: (1) a maximum average rate limitation; (2) permission for wage supplementation from sources other than this title; and (3) part-time, flex-time, work-sharing allowed (if customarily offered by the employer and if customary benefits are provided). Requires program maintenance of individual work records. Requires recipient expenditure of allotted funds during the one year from the date of payment. Sets forth reallotment provisions. Requires Selective Service System compliance by individual participants. Applies to funds under this title specified program abuse regulations promulgated by the Secretary under the Comprehensive Employment and Training Act as in effect on April 1, 1981. Sets forth program labor standards, including: (1) appropriate working conditions; (2) applicable health, safety, and disability regulations; (3) comparable benefits and conditions as other employees doing the same type of work; and (4) prohibition of retirement contributions. Provides for protection of existing workers, including prohibitions against: (1) displacement; (2) impairment of contracts and agreements; (3) filling of laid-off positions; and (4) promotional infringement. Requires transmission of quarterly compliance reports by the program funding recipient to any labor organization representing government employees engaged in work similar to that performed by employees whose wages are subsidized under this title. Requires such reports to include analyses if job reductions of unsubsidized employees reach specified levels for specified periods. Sets forth compliant procedures. Prohibits the use of program funds to assist, promote, or deter union organizing. Requires that a concerned area labor organization be given an opportunity to comment on a proposed project under this title. Sets forth conditions under which Davis-Bacon Act prevailing wage requirements are applicable to projects under this title. Sets forth fiscal controls and sanctions, including General Accounting Office review, repayment requirements, emergency actions, discrimination and additional remedies, recordkeeping, and investigations. Provides for judicial review. Sets forth requirements relating to use of data and computations by the Secretary of Labor for purposes of this title. Authorizes appropriations. Title IV: Jobs Program - Amends the Social Security Act to increase the Federal matching rate and State expenditures to be matched under the JOBS program (for recipients under the Aid to Families with Dependent Children).
United States · United States Congress · 12 August 1992
States that the criminal act of stalking other persons is of deep concern. Directs the Attorney General, acting through the Director of the National Institute of Justice, to: (1) evaluate anti-stalking legislation and proposed legislation in the States; (2) develop model anti-stalking legislation that is constitutional and enforceable; (3) prepare and disseminate to State authorities the findings made as a result of the evaluation; and (4) report to the Congress on the need for further Federal action.
United States · United States Congress · 12 August 1992
Amends the Internal Revenue Code and the Social Security Act to revise the exemption for student nurses from employment taxes. Allows such exemption if: (1) the student is enrolled and is regularly attending classes in a nurses' training school; (2) the service performed by a nursing student is substantially less than full-time; (3) the total amount of annual earnings is less than 50 percent of the average annual earnings of a full-time registered nurse; and (4) the service fullfills a mandatory requirement of the employee's nurses' training school, qualifies the employee for credit toward a nursing degree or nursing certificate, or falls within the class of services typically performed by nurses in the course of their duties or by nursing students in a clinical work training program.
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 · 6 August 1992
Requires the Secretary of Health and Human Services to include specific items in any listing of impairments for the evaluation of human immunodeficiency virus (HIV) infection used in making determinations of disability under titles II (Old Age, Survivors and Disability Insurance) and XVI (Supplemental Security Income) of the Social Security Act. Provides that, with respect to any item in such a listing, any requirement for a functional test shall be treated as met if certain specified requirements are met.
United States · United States Congress · 24 July 1992
Requires the Secretary of Health and Human Services to include specific items in any listing of impairments for the evaluation of human immunodeficiency virus (HIV) infection used in making determinations of disability under titles II (Old Age, Survivors and Disability Insurance) and XVI (Supplemental Security Income) of the Social Security Act. Provides that, with respect to any item in such a listing, any requirement for a functional test shall be treated as met if certain specified requirements are met.
United States · United States Congress · 23 July 1992
Downed Animal Protection Act of 1992 - Amends the Packers and Stockyards Act, 1921 to make it unlawful for any stockyard owner, market agency, or dealer to market, transfer, or hold nonambulatory livestock that has not been humanely euthanized.
United States · United States Congress · 22 July 1992
Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act (SSA) to provide for findings of presumptive disability under such title in the same manner and to the same extent as are currently applicable under SSA title XVI (Supplemental Security Income). Amends SSA title XVI to provide that any individual who receives a benefit under SSA title II on the basis of presumptive disability shall be deemed for purposes of SSA title XIX (Medicaid) to be a recipient of a benefit under SSA title XVI in any case in which he or she would be eligible for such benefit under SSA title XVI if the amount of such benefit under SSA title II were disregarded.
United States · United States Congress · 9 July 1992
Children's Initiative - Family Preservation Act of 1992 - States that titles I through V of this Act may be cited as the Family Preservation Act of 1992 - Title I: Child Welfare Services - Amends part B (Child Welfare Services) of title IV of the Social Security Act (SSA) to create a capped entitlement program to provide child welfare services designed to strengthen and preserve families. Provides for allotments, reallotments, and payments to States of entitlement funds. Requires use of part of such funds to develop or expand specialized child welfare service programs for families in crisis due to substance abuse. Requires uses of remaining funds to develop or expand certain family and child service programs. Repeals provisions for incentive payments to States which maintain a foster care inventory, information system, and case review system; but requires States to provide such protections and other services designed to keep families together or reunify them, or to place children for adoption, with a legal guardian, or in some other planned, permanent living arrangement. Requires States to submit the following types of reports on child welfare services and expenditures: (1) pre-expenditure reports; (2) post-expenditure reports; and (3) comparative financial contributions reports. Requires the Secretary of Health and Human Services to transmit to specified congressional committees annual summaries of the information in such comparative financial contributions reports. Requires such information to be made available to the public. Reserves entitlement funds for grants to State court systems to assess and improve procedures in child welfare cases in carrying out parts B and E (Foster Care and Adoption Assistance) of SSA title IV. Sets forth application requirements and formulas for determining the amount of such grants for FY 1994 through 1998. Directs the HHS Secretary to submit interim and final reports to the Congress on the information obtained from assessments conducted with such grants and the impact of such grant program on State court procedures and functions. Requires each State to compile periodically a detailed directory of programs designed to keep families together or reunify them or place children permanently, identifying which of such programs provides specialized child welfare services to families in crisis due to substance abuse. Requires States to report on measures taken to comply with the Indian Child Welfare Act. Title II: Foster Care And Adoption Assistance - Amends SSA title IV to add a new part C, Comprehensive Service Projects to grant States flexibility and resources to develop comprehensive and coordinated services designed to: (1) preserve and strengthen families with children at risk of placement outside their homes; (2) reunite children with their families expeditiously if an out-of-home placement is found to be necessary; and (3) place children in adoptive homes or other permanent arrangements in a timely fashion if reunification with their families is not appropriate. Permits any State to apply to the HHS Secretary for permission to: (1) conduct a comprehensive service project in a selected area or areas; and (2) suspend certain child welfare services and foster care and adoption assistance requirements with respect to State activities in such area or areas during the project. Sets forth application requirements and administrative provisions for such projects. Prohibits the HHS Secretary from requiring as a condition of approval of a project application: (1) the State to select any area or areas in which to conduct the project; or (2) the project to comply with any requirements not specified in the project authorization. Sets forth those requirements with which such a project must comply. Provides for determining the expenses for which a State might properly seek reimbursement, for purposes of calculating such grant amount. Authorizes the HHS Secretary to increase such grant amount, to the extent appropriate, by taking specified factors into account. Sets forth requirements for notification to States of grant amounts, and for grant payments in equal quarterly installments. Prohibits a State from carrying out such a project in a manner that impairs the entitlement of any child to: (1) the foster care benefits he or she would have receive if the HHS Secretary had approved the State plan and had not authorized the State to conduct such a project; or (2) any other benefit to which the child is legally entitled. Deems a State to have in effect an approved foster care and adoption assistance plan during the period in which it conducts such a project for purposes of State plan requirements under part A (Aid to Families with Dependent Children) (AFDC) of SSA title IV. Requires States to report annually on project funds expended to the HHS Secretary and the Advisory Commission on Children and Families. Provides for administrative remedies for unsuccessful projects. Provides for project termination. Makes abandoned children entering foster care eligible for foster care maintenance payments. Makes the adoptive parents of any such child with respect to whom foster care maintenance payments may be made eligible for adoption assistance payments. Makes technical revisions to the foster care maintenance payments program and the adoption assistance program to expand the removal from home requirement to include removal from legal custody. Provides for retroactive application of such new requirement under the adoption assistance program. Makes children whose adoption has been set aside by a court eligible for foster care maintenance payments. Makes the adoptive parents of any such child with respect to whom foster care maintenance payments may be made eligible for adoption assistance payments. Establishes a respite care program for foster parents with children who have special needs. Limits the expenses eligible for reimbursement under such program. Expands the definition of children with special needs, for purposes of the adoption assistance program, to include: (1) those children for whom information is known and available about their genetic or social history indicating a high risk of medical conditions or physical, mental, or emotional handicaps which makes it reasonable to conclude that they cannot be placed for adoption without providing part E adoption assistance or Medicaid (SSA title XIX) medical assistance; and (2) those children that have been adopted, that were under the care and responsibility of the State agency responsible for administering the State's part E programs immediately before adoption, and that have a mental, physical, or emotional handicap that either existed before the adoption but was not diagnosed until afterwards, or first manifests itself after the adoption but is congenital or was caused beforehand. Extends to relatives (as well as foster parents) who are prospective adoptive parents, and with whom the child has significant emotional ties while in their care, the exception to the requirement that an effort be made to place special needs children with appropriate adoptive parents without providing adoption or Medicaid assistance. Requires each State to submit to the HHS Secretary the factors and conditions it uses to identify children with special needs for purposes of the adoption assistance program, and any modifications to such factors and conditions. Directs the HHS Secretary to establish an Advisory Committee on Foster Care Placement to study and report to the Secretary and the Congress on the implementation of specified requirements, under State plans for foster care and adoption assistance, that reasonable efforts be made: (1) before placement of a child in a foster home, to prevent or eliminate the need for removal of the child from the child's home; and (2) to make it possible for the child to return to the child's home. Provides Federal coverage of 90 percent of State costs in developing and installing certain statewide mechanized data collection and information retrieval systems. Covers 50 percent of State costs for operation of such systems. Provides that all State expenditures for development, installation, and operation of such systems shall be treated as necessary for proper and efficient administration of the State plan, without regard to whether the systems may be used with respect to foster or adoptive children other than those on behalf of whom payments may be made for foster care maintenance or adoption assistance. Reduces, after three years, from 90 to 50 percent the Federal matching payment for development and installation of such systems. Defers a deadline for implementation of automated systems until one year after certain regulations are promulgated. Directs the Secretary to establish a work group to advise on planning and implementation of the system to be used for collection of data relating to adoption and foster care in the United States. Requires the State plan to provide for: (1) a triennial review of the amounts paid as foster care maintenance payments and adoption assistance to assure their continuing appropriateness; and (2) a report to the HHS Secretary on the results. Sets forth requirements concerning dispositional hearings to determine the final status of a foster child. Revises the time frame for judicial determinations on voluntary placements. Sets forth case plan requirements for placement of children in out-of-State foster care. Requires annual review, with the child present, of the status of children in out-of-State foster care placements. Requires States to collect data on the numbers of children in out-of-State foster care placements. Requires a State, in order to receive payments for expenditures after FY 1994 for foster care maintenance payments made with respect to children placed in foster care outside the State, to conduct and submit a study to the HHS Secretary, by the end of such fiscal year, identifying the number and common characteristics of such children and the reasons why they were not placed in foster care in the State. Provides for the treatment of assets of youth participating in the independent living program. Eliminates the ceilings on Federal foster care payments to States and the State's authority to transfer unused foster care funds to child welfare services programs. Directs the HHS Secretary to: (1) establish an advisory committee; and (2) issue final regulations for training of staff of agencies responsible for administering foster care and adoption assistance programs, and for training of foster care and adoptive parents. Directs the Secretary annually to publish information, on a State-by-State basis, on expenditures for, and the operation of, the Child Welfare Services program, the Foster Care and Adoption Assistance program, and Comprehensive Service Projects. Amends SSA title IV to add a new part G, Child Welfare Review System. Directs the HHS Secretary to establish such system to: (1) review each State child welfare program to assess whether the requirements of the Act are being carried out; (2) impose financial penalties in cases of substantial failure to comply; and (3) provide technical assistance to any such program. Sets forth provisions relating to effects of noncompliance, suspension and rescission of financial penalties, and administrative and judicial review. Requires that all State child welfare programs be reviewed at least once by the end of FY 1997. Prohibits the Secretary from reducing or withholding any payment, or seeking any repayment from any State under part B or E, by reason of a determination made in connection with specified reviews or audits for certain periods. Prohibits suspension of payments with respect to any claim for reimbursement 30 days after the HHS Secretary receives the quarterly statement of expenditures that contains the report of the claim. Provides that within ten months after the Secretary takes any action to suspend payment with respect to such a claim, the Secretary shall: (1) determine the allowability of the claim; or (2) if unable to make such a determination, make payment with respect to the claim, subject to a later determination of allowability. Title III: Social Services Block Grant - Amends SSA title XX (Block Grants to States for Social Services) to authorize increased appropriations for title XX programs. Provides for the allocation to tribal organizations of program funds otherwise allotted to the State in which the Indians represented by such an organization reside. Title IV: Research, Demonstration, and Evaluation Activities - Amends part A (General Provisions) of SSA title XI to require the Director of the Office of Technology Assessment (OTA) to establish an Advisory Commission on Children and Families. Requires the Commission to collect and assess specified types of information in order to identify cost-effective approaches to protect and enhance the physical, mental, emotional, and financial well-being of children and their families. Directs OTA to report annually to the Congress on the Commission and its assessment. Requires the Commission to conduct, through contracts with independent research organizations, the following research and evaluation projects: (1) the evaluation of child welfare service programs, including intensive family preservation programs; (2) foster care evaluations; (3) longitudinal child welfare data bases, and studies of child welfare population dynamics; and (4) comprehensive service projects evaluations. Requires the Commission to study child separation guidelines. Directs the HHS Secretary to conduct the following research and evaluations: (1) a study (under contract with an independent research organization) to assess the prevalence and nature of risks to the safety of employees of child welfare systems; and (2) a three-year study (under contract with an organization with demonstrated appropriate experience) to examine methodologies for measuring the workloads of providers of child welfare services and community mental health services. Directs the HHS Secretary to make grants to States or localities for child welfare demonstration projects concerning abandoned child permanent placement. Directs the HHS Secretary to authorize eligible institutions to conduct demonstration projects to train eligible individuals to deliver culturally sensitive and bilingual child welfare services in U.S. areas that border on Mexico. Directs the HHS Secretary to make grants to eligible institutions to conduct projects to train eligible institutions to deliver culturally sensitive and bilingual welfare services in urban centers which have a high proportion of historically unserved or underserved populations. Authorizes the HHS Secretary to make grants to State or local government agencies to conduct demonstration projects designed to: (1) develop and implement innovative recruitment or retention strategies for trained staff in public and private nonprofit agencies working with children and adolescents at risk of being placed in foster care; and (2) test the effect of joint training programs for the staff of child welfare, mental health, and juvenile justice agencies, and for judicial personnel and judges. Authorizes the HHS Secretary to conduct demonstration projects designed to test the feasibility of eliminating income and resource requirements respecting foster care and adoption assistance payments. Directs the HHS Secretary to provide technical assistance to States for: (1) interpreting and implementing parts B, C, and E; (2) disseminating information on innovative child welfare agencies; (3) correcting problems identified through Federal audits and reviews and carrying out corrective action plans under part E; (4) implementing the foster care and adoption data collection system; and (5) addressing other matters identified by the HHS Secretary. Title V: Miscellaneous Human Resources Amendments - Amends the AFDC program to give States the option of using retrospective budgeting without monthly reporting under AFDC. Increases the amount of stepparent income disregarded under AFDC. Amends the Family Support Act of 1988 to extend demonstration projects for evaluating model procedures for reviewing child support awards. Amends the Omnibus Budget Reconciliation Act of 1989 and the Omnibus Budget Reconciliation Act of 1990 to make technical corrections relating to human resource and income security provisions. Title VI: Childhood Hunger Relief - Mickey Leland Childhood Hunger Relief Act - Subtitle A: Ensuring Adequate Food Assistance - Amends the Food Stamp Act of 1977 to remove the excess shelter deduction cap for purposes of food stamp program eligibility. (Sets forth transitional caps through 1996.) Eliminates food stamp reductions for households reapplying for program reinstatement within 30 days. Excludes 100 percent (currently only a specified portion) of third party payments for transitional housing for the homeless from consideration as program income. Increases funding for the nutrition assistance program in Puerto Rico. Excludes general assistance vendor payments from consideration as program income. Excludes the income of high school students from consideration as program income. (Current law excludes income until a student's eighteenth birthday.) Subtitle B: Promoting Self-Sufficiency - Excludes from consideration as program income: (1) the first $50 a month received as child support; and (2) child support payments to non-household members. Increases annually the fair market value limit of vehicles that program recipients may own. Subtitle C: Simplifying the Provision of Food Assistance - Permits related adults living in the same household to apply for separate program benefits under specified conditions. Repeals provisions authorizing benefit reductions due to insufficient funding. Subtitle D: Commodity Distribution to Needy Families - Amends the Emergency Food Assistance Act of 1983 to provide for increased allotments in FY 1993 for commodity purchases under the emergency food assistance program. Subtitle E: Implementation and Effective Dates - Sets forth the effective dates for provisions of this title. Title VII: Funding - Amends the Internal Revenue Code to impose a surtax on individuals with incomes over $1,000,000.
United States · United States Congress · 2 July 1992
Excludes from the determination of income, for purposes of the payment of pension by the Secretary of Veterans Affairs, any future increases made by the State of New York in the monthly amount paid to blind and totally disabled veterans.
United States · United States Congress · 2 July 1992
Denounces the sexual misconduct that occurred at the annual Navy Tailhook Association symposium in September 1991. Calls on the Secretary of Defense to ensure that the ongoing Department of Defense investigation of such misconduct is full and uncompromising. Urges the Secretary of the Navy to recommend and initiate full disciplinary procedures against any culpable individuals. Recognizes the importance of equality of opportunity for women and men in the armed forces to achieving mutual respect between the sexes. Urges the Secretary of Defense to make available to female military personnel the same opportunities available to male personnel, to the extent consistent with the protection and security of the United States.
United States · United States Congress · 25 June 1992
Universal Student Nutrition Act of 1992 - Amends the National School Lunch Act to establish an optional universal school lunch and breakfast program. Requires that the Secretary of Agriculture's minimum nutritional requirements for the current school lunch and school breakfast programs be prescribed in accordance with the Dietary Guidelines for Americans developed by the Department of Agriculture. Amends the Child Nutrition Act of 1966 to require that grants to States for nutrition education and information be based on a rate of 50 cents for each child enrolled in schools or institutions in the State.
United States · United States Congress · 24 June 1992
World University Games Commemorative Coin Act - Authorizes the minting and issuance of five dollar gold coins and one dollar silver coins (at no net cost to the Government) to commemorate American participation in the World University Games. Requires that all surcharges from the sale of such coins be paid to the Greater Buffalo Athletic Corporation to support amateur athletic programs, erect facilities for the use of such athletes, and to underwrite the cost of sponsoring the World University Games.
United States · United States Congress · 18 June 1992
Directs the National World War II Memorial Fund, Inc., to construct a memorial on Federal land in the District of Columbia or its environs to: (1) honor members of the armed forces who served in World War II; and (2) commemorate U.S. participation in that conflict. Directs the fund to plan, design, and oversee the construction of the Memorial. Establishes the World War II Memorial Advisory Board to: (1) promote and encourage the donation of private funds for the construction of the Memorial; and (2) recommend the site for and assist in the selection of the design of the Memorial. Terminates the Board within 30 days after completion of the Memorial or on the lapse of the authority provided by this Act. Authorizes the Fund to solicit and accept private contributions for construction of the Memorial. States that the requirements and authority of this Act shall lapse if: (1) construction of the Memorial is not commenced within seven years of its enactment; or (2) before such construction, the Secretary of the Interior certifies that funds are not available in an amount sufficient to ensure its completion.
United States · United States Congress · 4 June 1992
Housing for the Elderly Improvement Act of 1992 - Title I: General Improvements to Programs Providing Housing for the Elderly - Amends the Department of Housing and Urban Development Act to establish in the Department of Housing and Urban Development (HUD) a position of Assistant Secretary for Supportive Housing to administer the supportive housing programs of HUD, including programs for the elderly and the disabled. Directs the Secretary (Secretary) of HUD, through the Assistant Secretary for Supportive Housing, to review and report to the Congress with regard to: (1) HUD multifamily projects and services, including projects and local housing markets for the elderly; and (2) the adequacy of HUD funding and geographic targeting of resources for housing for the elderly. Requires each unit in newly constructed assisted housing for the elderly to be protected by an automatic sprinkler system and smoke detector. Directs the Secretary to: (1) conduct a study and report to the Congress with respect to fire safety levels in HUD housing for the elderly; and (2) enter into agreements with local housing agencies to provide one-stop housing assistance applications for elderly persons and persons with disabilities. Title II: Section 202 Supportive Housing for the Elderly - Amends the Housing Act of 1959 to extend authorization of appropriation authority, with regard to housing for very low-income elderly persons for: (1) capital advances; and (2) rental assistance. Authorizes the Secretary to use residential receipts and replacement reserves for maintenance and services. Creates separate tenant rent contribution formulas for efficiency units and for one or more bedroom units. Amends the Housing Act of 1959 to permit owners to accomodate shared housing arrangements in design flexibility and tenant selection. Directs the Secretary to carry out a demonstration program of mixed-income housing for the elderly, including the provision of supportive services. Title III: Revised Congregate Housing Services - Amends the Cranston-Gonzalez National Affordable Housing Act to extend authorization of appropriations for congregate housing. Authorizes the Secretary to set aside specified congregate housing appropriations for supportive services under the HOPE for elderly independence program. Revises the definition of "frail elderly" for congregate housing purposes. Sets forth applicant priority provisions. Title IV: Service Coordinators in Federally Assisted Housing - Amends the Cranston-Gonzalez National Affordable Housing Act to require congregate housing service coordinators to receive specified training with respect to elderly persons' services. Provides for such service coordinators' services under the following federally assisted housing programs: (1) congregate housing; (2) project-based section 8 housing; (3) multifamily housing; (4) rural rental housing; (5) supportive housing for the elderly (section 202); and (6) public housing. Title V: Home Repair Programs - Amends the Cranston-Gonzalez National Affordable Housing Act to obligate specified HOME investment partnership appropriations for the model home repair for the elderly and disabled program. Amends the Housing Act of 1949 to authorize appropriations for grants and loans for rural housing repair for very low-income elderly families. Title VI: Mortgage Insurance for Assisted Living Facilities - Amends the National Housing Act to make assisted living facilities for frail elderly persons eligible for mortgage insurance.
United States · United States Congress · 28 May 1992
Every Fifth Child Appropriations Act - Appropriates funds to carry out the special supplemental food program for women, infants, and children (WIC program) authorized in specified provisions of the Child Nutrition Act of 1966. Declares that, in order to achieve full funding for the program, there should be specified amounts appropriated in certain fiscal years. Appropriates funds to carry out the Head Start programs authorized in specified provisions of the Head Start Act. Declares that, in order to achieve full funding for the programs, there should be specified amounts appropriated in certain fiscal years. Appropriates funds to carry out the Job Corps program authorized in specified provisions of the Job Training Partnership Act. Declares that, in order to establish a minimum number of additional centers, serve a minimum additional number of youths, and achieve full funding for the program, there should be specified amounts appropriated in certain fiscal years.
United States · United States Congress · 26 May 1992
Unemployment Compensation Amendments of 1992 - Title I: Extension of Emergency Unemployment Compensation Program - Amends the Emergency Unemployment Compensation Act of 1991 (Public Law 102-164, as amended) to extend the emergency unemployment compensation (EUC) program. Changes the EUC program termination date (currently July 4, 1992) to the earliest of: (1) April 1, 1993; (2) the first day of the third month after the first month (after June 1992) for which the applicable unemployment rate is less than six and one-half percent; or (3) the first day of the first month (after June 1992) for which the applicable unemployment rate is less than six percent. Makes the applicable unemployment rate for any month, for such purposes, the average rate (seasonally adjusted) of total unemployment in all States for the most recent three calendar months for which data are published before the beginning of such month. Provides for specified reductions of benefits during periods after June 13, 1992, and after December 31, 1992 (or three months prior to any earlier termination date for the program than April 1, 1993). Provides, therefore, up to : (1) 33 weeks of EUC benefits in certain high-unemployment States and 26 weeks in all other States, respectively, for claimants prior to June 14, 1992; (2) 26 or 20 weeks, respectively, for new claimants on or after such date; and (3) 13 or 10 weeks, respectively, for new claimants on or after January 1, 1993 (or any earlier date for the final three-month phaseout). Provides for up to three months continuation of EUC benefits for certain individuals receiving such benefits for a week during which such termination date occurs. Modifies EUC eligibility requirements to: (1) make a 20-week work requirement inapplicable; (2) provide that an individual is not ineligible by reason of subsequent entitlement to regular benefits; and (3) provide certain transition rules, including a waiver of recovery of certain overpayments and an option to defer rights to certain regular benefits. Provides, under specified conditions, that certain Persian Gulf Crisis reservists may receive an EUC weekly benefit amount equal to that they were receiving under the regular State unemployment compensation program when they were called to active duty. Title II: Modifications to Extended Benefits Program - Amends the Federal-State Extended Unemployment Compensation Act of 1970 to modify trigger provisions for the extended benefits (EB) program. Provides for an EB State "on" indicator for a month if the average rate of total unemployment (seasonally adjusted) for the most recent three months for which data are published before the close of such month is: (1) six percent or more; and (2) 110 percent or more of such average rate for either (or both) of the corresponding three-month periods ending in the two preceding calendar years. (Current law uses the State insured unemployment rate, rather than the State total unemployment rate, in the trigger formula.) Provides for additional weeks of EB program benefits during high unemployment periods (when the trigger period average rate of total unemployment is eight percent or more). Repeals certain special eligibility requirements under the EB program. Increases the amount of Federal reimbursement under the EB program. Makes these amendments to the EB program effective on October 1, 1993, with certain exceptions. Title III: Modifications to Federal Unemployment Tax - Amends Federal Unemployment Tax Act (FUTA) provisions of the Internal Revenue Code (IRC) to modify the Federal unemployment tax rate. Reduces the percentage of Federal taxable wages, which is part of the formula for determining the FUTA rate of an employer, from the current 0.8 (which is currently scheduled to return to 0.6 when a 0.2 surtax expires in 1996) to 0.3 in 1994 through 1996 and 0.25 in 1997 and thereafter; but increases the FUTA taxable wage base in 1994 and thereafter to the average annual covered wage. Amends IRC to require the appropriate State agency to provide to each individual filing a claim for unemployment compensation under State law a written explanation of: (1) the Federal and State taxation of unemployment benefits; and (2) the requirements to make payments of estimated Federal and State income taxes. Amends the Social Security Act (SSA) to allow States to include information on the earned income credit under IRC in certain mailings relating to unemployment compensation, at no cost if such additional information does not increase the postage cost of such mailings. Amends IRC to extend by two years (until January 1, 1995) the current exclusion from coverage under FUTA of agricultural labor performed before such date by an individual who is admitted to the United States to perform such agricultural labor under certain provisions of the Immigration and Nationality Act. Requires the Advisory Council on Unemployment Compensation to report by February 1, 1994, to specified congressional committees on such FUTA exclusion treatment of agricultural labor performed by aliens. Extends by one year the grace period for State repayment of Federal loans to State unemployment funds (before certain penalty taxes on employers take effect in such States with overdue loans), if the State amended its unemployment compensation law during 1992 or 1993 to increase estimated contributions requirements by at least 25 percent. Title IV: Modification to Regular State Unemployment Compensation Programs - Amends the Internal Revenue Code (IRC) to provide for treatment of short-time compensation programs which provide partial unemployment benefits to individuals whose workweeks have been reduced by at least ten percent. Allows State laws to provide for unemployment compensation funds to be withdrawn for the payment of such short-time compensation under a plan approved by the Secretary of Labor. Directs the Secretary of Labor to assist States in establishing and implementing short-time compensation programs by: (1) developing model legislative language and proposing appropriate revisions; and (2) providing technical assistance and guidance. Requires the Secretary to report to the Congress on implementation of these short-time compensation program provisions. Requires each employer covered under a State unemployment compensation law to: (1) post statements (prescribed by the State agency) regarding benefit rights and other matters in places readily accessible to employees; and (2) furnish to each terminated employee written statements (provided by the State agency) regarding claims for compensation. Title V: Financing Provisions - Amends the Internal Revenue Code (IRC) to extend by two years, through December 31, 1997, a phase out of personal exemptions for certain high income taxpayers. Amends IRC to disallow an income tax deduction for remuneration for services in excess of $1,000,000 per employee per year to certain covered employees or former employees who are or had been officers of the taxpayer (and not including any employee-owners of personal service corporations). Aggregates remuneration from certain related employers for purposes of such $1,000,000. (Makes such amendment retroactive to cover amounts paid or accrued on or after January 1, 1992, but waives estimated tax provisions with respect to underpayments created or increased by such amendment.) Amends the Social Security Act to provide for transfer of revenues from income taxes on unemployment benefits to the Unemployment Trust Fund. Bases such transfers on estimates of benefit payments. Sets forth a transition rule requiring the Secretary of the Treasury, by the end of FY 1992, to transfer from the general fund of the Treasury to the Unemployment Trust Fund, for credit to the extended unemployment compensation account, an amount equal to that which would have been appropriated to the Unemployment Trust Fund for months beginning on or before enactment of this Act if such transfer amendments had been in effect for all months after December 31, 1990. Revises provisions for Federal unemployment accounts. Modifies provisions for the extended unemployment compensation account with respect to transfers and increases the ceiling on such account. Reduces the ceiling on the Federal unemployment account. Provides for borrowing among the employment security administration account, the Federal unemployment account, and the extended unemployment compensation account. Amends specified Federal law relating to civil service employment to provide that if any Federal agency does not deposit a required amount in the Federal Employees Compensation Account for unemployment benefits within 30 days after notification by the Secretary of Labor, such Secretary shall notify the Secretary of the Treasury of such failure and that Secretary shall transfer such amount to such Account from amounts otherwise appropriated to such Federal agency. Extends, to December 31, 1994, the deadline for a report on a study of the allocation of funds among States for the administration of unemployment compensation programs (such report is required under the Emergency Unemployment Compensation Act of 1991). Title VI: Budgetary Treatment - Provides that any amount of new budget authority, outlays, or receipts resulting from this Act shall not be considered for any purpose under the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) (BBEDCA). Exempts EUC payments under the Emergency Unemployment Compensation Act of 1991 from sequestration orders under BBEDCA.
United States · United States Congress · 21 May 1992
Defense Diversification Act of 1992 - Title I: Guarantees for Defense-Dependent Small Businesses - Amends the Small Business Act to authorize the Small Business Administration to guarantee loans to assist small business concerns that are defense-dependent contractors in the financing of projects to: (1) convert defense-related productive facilities or equipment of such concerns to nondefense-related use; (2) diversify the operations of such concerns toward greater emphasis upon the civilian sector of the economy; or (3) retrain employees as part of the conversion and diversification process. Directs the Secretary of the Treasury to establish a loan guarantee program to assist defense facilities holding major defense contracts or subcontracts in financing the same type of projects. Sets forth requirements for loan guarantees and limitations on guarantee authority. Title II: Tax Incentives to Assist in Defense Industry Diversification - Amends the Internal Revenue Code to establish a special depreciation deduction for nondefense-related equipment placed in service after December 31, 1992, and before January 1, 1996, by defense contractors. Allows such deduction, with limitations, against the alternative minimum tax. Allows the investment tax credit to rehabilitate buildings used for defense-related purposes, including post-1936 buildings, into buildings to be used for non-defense related purposes during the period after December 31, 1992, and before January 1, 1996. Extends the exclusion from gross income for employer-provided educational assistance from June 30, 1992, until December 31, 1995. Allows defense contractors that diversify into nondefense-related businesses an itemized deduction for each eligible individual who begins work for the contractor after June 30, 1992, and before January 1, 1996. Sets forth the amounts of such deduction for a three-year period and other special rules. Allows such deduction, with limitations, against the alternative minimum tax. Allows an alternative five-percent research credit for expenses of defense contractors that increase nondefense related research. Title III: Grants to States to Provide Technical and Financial Assistance to Defense-Dependent Contractors - Authorizes appropriations to carry out this title. Sets forth requirements for the allocation of grants to States under this title and State application requirements. Directs a State to certify to the Secretary of Defense that it will: (1) provide an amount equal to one dollar for every ten dollars of Federal funds to provide technical and financial assistance to defense-dependent contractors; (2) maintain its aggregate expenditures from all other sources for programs which provide such assistance at or above the average level of such expenditures in the two fiscal years preceding the enactment of this Act; (3) require contractors receiving assistance to provide funds in an amount equal to one dollar for every dollar of funds provided under the program; and (4) report to the Secretary on the use of the grant. Provides that States will allocate grant funds for assistance to defense-dependent contractors as follows: (1) 40 percent for making quality and productivity improvements and expanding markets; and (2) 60 percent for undertaking human resource development initiatives essential for defense diversification, industrial modernization, and the fulfillment of improved competitiveness strategies.
United States · United States Congress · 21 May 1992
Tax Extension Act of 1992 - Amends the Internal Revenue Code to extend from August 1, 1992, until August 1, 1993, the provisions governing the allocation of research and experimental expenditures for purposes of determining sources of income. Extends the following provisions from June 30, 1992, until December 31, 1993: (1) the tax credit for increasing research activities; (2) the targeted jobs credit; (3) the authority to issue qualified mortgage bonds and qualified mortgage credit certificates; (4) the authority to issue qualified small issue bonds to finance manufacturing facilities and farm property; (5) employer-provided educational assistance; (6) the tax exclusion for employer-provided group legal services plans; (7) the energy investment credit for solar and geothermal property; (8) the credit for clinical testing expenses for certain drugs for rare diseases or conditions; and (9) health insurance costs of self-employed individuals. Extends the low-income housing credit until December 31, 1993 with modifications. Expands the ten-year anti-churning rule waiver to certain projects substantially assisted, financed, or operated under the National Housing Act. Allows units occupied by certain full-time students to qualify for such credit. Authorizes the Treasury Department to waive penalties for certain de minimis errors and recertifications. Provides that certain community service facilities in projects in qualified census tracts are included in eligible basis as functionally related and subordinate facilities. Allows certain building owners to elect to use apartment size or family size in determining the credit's gross rent limitation. Provides for the tax treatment of resale price control and subsidy lien programs under mortgage revenue bond provisions. Repeals the tax preference for the appreciated property charitable deduction during 1992 and 1993. Requires a report by the Secretary of the Treasury to certain congressional committees on an advance valuation procedure.
United States · United States Congress · 20 May 1992
Defense Industrial Innovation Act of 1992 - Authorizes appropriations for FY 1993 through 1995 for grants by the Secretary of Defense to States to provide technical and financial assistance to defense-dependent contractors. Prescribes: (1) grant application procedures; and (2) State certification requirements regarding State and contractor matching funds, maintenance of expenditures by State assistance programs, and grant use. Requires each State to reserve 40 percent of grant funds for assistance to contractors for quality and productivity improvements and market expansion and 60 percent for assistance for human resource development initiatives essential for industrial modernization and for the fulfillment of improved competitiveness strategies.
United States · United States Congress · 20 May 1992
National Triad Program Act - Requires the Director of the National Institute of Justice to conduct a national assessment of: (1) the nature and extent of crimes against the elderly; (2) the needs of law enforcement, health, and social service organziations, in working to prevent, identify, investigate, and provide assistance to victims of such crimes; and (3) promising strategies to respond effectively to those challenges. Specifies that such assessment shall address: (1) the analysis and synthesis of data from a range of sources; (2) the problems of elderly who are living alone or in high crime areas and who are abused and neglected, and the fear of victimization; (3) the identification of strategies and techniques tht have been shown to be effective or which show promise; (4) the analysis of the factors that enhance or inhibit development of a coordinated response by law enforcement, health care, and social service providers; and (5) the research agenda needed to develop a comprehensive understanding of the problems of crimes against the elderly. Requires the Director to disseminate the results of such assessment. Authorizes the Director to make awards to coalitions of local law enforcement agencies, victim service providers, and organizations representing the elderly for pilot programs and field tests of promising strategies and models for forging partnerships for crime prevention and service provision. Specifies that pilot programs funded under this Act may include existing general service coalitions of law enforcement, victim service, and elder advocate organizations that wish to use additional funds to work at a particular problem in their community or to target a particular geographic area in need of intensive services. Authorizes the Director to make awards to: (1) coalitions of national law enforcement, victim service, and elder advocate organizations for training and technical assistance in implementing pilot programs; (2) research organizations to investigate the types of elder victimization shown by the assessment to present particularly critical problems or to be emerging crimes about which little is known, to evaluate the effectiveness of selected pilot programs, and to conduct research and development identified as being critical; and (3) public service advertising coalitions to increase public awareness of, and promote ideas or programs to prevent, crimes against the elderly. Authorizes appropriations.
United States · United States Congress · 14 May 1992
Suspends U.S. assistance to Indonesia and denies trade preferences to Indonesian products until the President certifies to the Congress that: (1) Indonesia is permitting unrestricted access to East Timor for international human rights organizations and international organizations; (2) international human rights organizations report that Indonesian Government forces or other military or paramilitary forces under government control have ended all forms of inhumane treatment; (3) Indonesia is in compliance with specified United Nations resolutions which call for the withdrawal of Indonesian forces from East Timor and reiterate East Timor's right to self-determination; and (4) Indonesia allows a United Nations referendum on self-determination for East Timor. Directs the Secretary of the Treasury, until the President makes such certification, to instruct the U.S. executive directors of the International Monetary Fund, the International Bank for Reconstruction and Development, and the International Development Association to oppose assistance to Indonesia.
United States · United States Congress · 14 May 1992
Nutrition Screening Research Act - Directs the Secretary of Health and Human Services to conduct a three-year nutrition screening and intervention activities study on the efficacy and cost-effectiveness of currently conducted nutrition screening and intervention activities and of a program that would institutionalize such screening and intervention activities. Directs the Secretary, in evaluating such a program, to determine: (1) if health or quality of life is measurably improved for older individuals who receive routine nutritional screening and treatment: (2) if federally subsidized home or institutional care is reduced because of increased independence of older individuals resulting from improved nutritional status; (3) if a multidisciplinary approach to nutritional care is effective in addressing the nutritional needs of older individuals; and (4) if reimbursement for nutrition screening and intervention activities is a cost-effective approach to improving the health status of older individuals. Specifies the populations of older individuals in which the study will be conducted. Directs the Secretary to conduct and report to the Congress on a three-year study to determine the extent of malnutrition in older individuals in hospitals and long-term care facilities and in older individuals who are living independently, including a determination regarding whether a program to institutionalize nutrition screening and intervention activities should be adopted and rationale for the determination. Directs the Secretary to establish an advisory panel to oversee the design, implementation, and evaluation of both studies. Authorizes appropriations.
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
Amends title XVIII (Medicare) of the Social Security Act to disregard months during which a retiree is a former employee and covered under a group health plan of an employer for purposes of calculating the penalty for late enrollment under Medicare part B (Supplementary Medical Insurance).
United States · United States Congress · 6 May 1992
DeLauro-Lowey Water Pollution Control and Estuary Restoration Financing Act - Amends the Federal Water Pollution Control Act to extend the authorization of appropriations for the State water pollution control revolving fund program through FY 1999. Requires a specified percentage (increasing with each succeeding fiscal year) of such appropriations to be used by the Administrator of the Environmental Protection Agency to make capitalization grants for estuary plans to qualified States. Requires States to submit estimates of the need for assistance for implementing and monitoring such plans. Prohibits the submission of such estimates unless the estimates are approved by the appropriate management conference under the National Estuary Program. Makes States that fail to submit approved estimates ineligible for assistance. Directs States to establish separate Estuary Accounts in their water pollution control revolving funds, to be used for implementing approved estuary plans. Permits loans made with amounts in such Accounts to be for terms of up to 40 years or for the useful life of a facility constructed with the loan, whichever is less, if the borrower demonstrates financial hardship. Allows States to use interest earned on amounts in such Accounts to subsidize up to 90 percent of the principal portion of debt service of certain entities that are financially unable to carry out a necessary project for an estuary plan. Establishes a State matching requirement for deposits into Accounts. Authorizes the Administrator to make grants for the implementation of estuary conservation and management plans. Limits the Federal share to 75 percent of the total cost of implementation. Authorizes appropriations. Permits certain grants under the National Estuary Program to be used for interim actions adopted by management conferences to protect the water and sediment quality of estuaries. Extends the authorization of appropriations for management conferences, grants, conservation and management plans, and research under the National Estuary Program through FY 1999. Revises provisions concerning the purposes of management conferences. Directs the Administrator to issue a guidance document that establishes requirements for: (1) management conferences to follow in developing, implementing, and monitoring conservation and management plans; and (2) approving and implementing interim actions to protect water quality of estuaries for which plans are developed. Requires management conferences to be convened for periods of at least five years (currently, up to five years). Permits the extension of a conference for an additional five years if the affected Governors concur in the extension and the extension is necessary to meet requirements. Revises approval and implementation procedures for estuary conservation and management plans and establishes such procedures for interim actions.
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 · 28 April 1992
Jobs Through Exports Act of 1992 - Title I: Overseas Private Investment Corporation - 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). Provides that a country or areas within a country may be eligible for OPIC assistance if: (1) the country has established diplomatic relations with the United States; (2) the country or area is a developing country or area, or a country in transition from a nonmarket to market economy; and (3) the country respects human rights. Raises the ceiling on the per capita income levels of countries established for purposes of granting preferential consideration for, or restricting, OPIC investment projects. Authorizes OPIC, in any case in which a country no longer meets eligibility criteria, to continue its programs in the country but prohibits the extension of new assistance with respect to projects involving the country's government. Requires the Secretary of the Treasury to hold OPIC's capital stock. Authorizes OPIC to establish an equity finance program (currently, a four-year pilot program to be conducted only in Subsaharan African countries and Caribbean countries designated as beneficiary countries under the Caribbean Basin Economic Recovery Program). Prescribes monetary and criminal penalties for fraudulent activities involving OPIC. Raises the ceiling on the maximum contingent liability allowed for OPIC insurance and outstanding guarantees. Authorizes OPIC to transfer amounts from a noncredit account revolving fund to pay subsidy costs of program levels for the loan guarantee and direct loan programs. Permits OPIC to draw specified amounts for FY 1993 through 1995 from such fund for administrative costs of such programs. Eliminates OPIC's exemption from Federal taxation. Title II: Trade and Development Agency - Redesignates the Trade and Development Program as the Trade and Development Agency. Requires the Agency to disseminate information about its activities to the private sector. Sets forth Agency auditing requirements. Authorizes appropriations for FY 1992 and 1993. Title III: Aid, Trade, and Competitiveness - Aid, Trade, and Competitiveness Act of 1992 - Requires the Administrator of the Agency for International Development (AID) to establish a capital projects office to: (1) develop a program that would focus solely on developmentally sound capital projects; and (2) consider opportunities for U.S. high-technology firms in supporting capital projects for developing countries and countries making the transition from nonmarket to market economies. Sets forth the activities of the capital projects office. Directs the President to report annually to the Congress on the extent to which: (1) U.S. Government resources have been expended to support capital projects in such countries and the extent of interagency coordination; and (2) U.S. Government capital projects and tied-aid programs have affected U.S. exports. Requires the Secretary of the Treasury, if negotiations for the implementation of the December 16, 1991, agreement within the Organization for Economic Cooperation and Development have not been completed by August 1, 1992, to report to the Congress on: (1) the status of negotiations; (2) the causes for the failure to reach an agreement by that date; and (3) the reasons the U.S. Government believes that continued negotiations will result in achieving such objective. Urges the President to use specified types and amounts of assistance for grants for capital projects. Directs the President to report to the appropriate congressional committees on the feasibility of allowing AID to offer credit guarantees for the financing of capital projects. Authorizes additional appropriations for FY 1993 for the Trade and Development Agency. Title IV: United States Commercial Centers - Directs the Secretary of Commerce to establish, as a five-year pilot program, a United States Commercial Center in one Baltic State (to serve Eastern Europe and the Commonwealth of Independent States) and in one country in Asia and Latin America to provide additional resources for the promotion of exports of U.S. goods and services to such countries. Requires the Centers to make business facilities and services and commercial law information services available on a user fee basis. Directs the Secretary to use the Market Development Cooperator Program to assist in carrying out the purposes of the Centers. Authorizes appropriations.
United States · United States Congress · 9 April 1992
Multiple Employer Self-Insurance Enforcement Act of 1992 - Amends the Employee Retirement Income Security Act of 1974 (ERISA) to revise the applicability of title I (Protection of Employee Benefit Rights) to: (1) multiple employer welfare arrangements (MEWAs); and (2) employee leasing welfare arrangements. Provides for certification requirements and revises provisions relating to State regulation of both such types of arrangements. Sets forth special preemption rules governing treatment and State regulation of MEWAs. Requires certain disclosures, by any MEWA which is not fully insured, to participating employers, participants, and beneficiaries. Provides for administrative adjudication of MEWA benefit claims. Directs the Secretary of Labor (the Secretary) to: (1) provide for an Office of Special Counsel for MEWA Affairs in the Department of Labor; and (2) appoint a Special Counsel as head of such Office. Sets forth requirements for: (1) filing of charges; (2) investigation by the Special Counsel, including an Early Resolution Program; (3) review by an administrative law judge; (4) standards of review by the Wage and Employee Benefits Appeals Board (currently, the Wage Appeals Board); (5) time limitations for review by such Board; (6) service of notice and decision; (7) exhaustion of administrative remedies; (8) final and appealable decisions; and (9) review by the appropriate U.S. Court of Appeals. Provides for State regulation of MEWAs by restricting the preemption of State laws regarding them. Provides for unlimited applicability of State insurance laws to MEWAs that are not fully insured. Provides for an exemption from State laws for MEWAs which provide medical care benefits solely (exclusive of occupational illness injury benefits), and which are not fully-insured, but which meet specified certification requirements or an approved qualified model for State certification procedures superseding such requirements. Makes State laws applicable to: (1) enforcement of such certification requirements or qualified State certification procedures; (2) the services of a contract administrator or any other third party services procured by a MEWA; and (3) collection of necessary information. Provides for treatment of certified MEWAs as employee welfare benefit plans, for specified purposes. Sets forth requirements for certification of MEWAs. Directs the Secretary to issue a certificate of operation for MEWAs that are not fully insured if they meet the specified requirements for: (1) location of participants or beneficiaries in two or more States or in States not requiring specific standards; (2) complete and accurate application; (3) minimum coverage of at least 500 participants and beneficiaries; (4) sponsors; (5) sponsor membership of all participating employers; (6) control by an operating committee under a trust agreement; (7) (upon certificate issuance) identification of all individuals commencing coverage as active or retired owners, officers, directors, or employees of, or partners in, participating employers, or beneficiaries of such individuals; (8) treatment of the sponsor as the plan sponsor; and (9) certain reserves and excess/stop loss coverage. Sets forth requirements for application for certification, including filing fee and comment period, and information relating to: (1) identification of the MEWA sponsor, operating committee members, participating employers, and all participants and beneficiaries; (2) States in which the MEWA is intended to do business; (3) evidence of meeting bonding requirements; (4) plan documents; (5) agreements with service providers; and (6) a funding report (including reserves and excess/stop loss coverage, the adequacy of contribution rates, current and projected values of assets and liabilities, costs of coverage to be charged and other expenses). Requires denial of a certificate to any MEWA subject to disqualification for its sponsor's or any other associated person's: (1) intentional material misstatements in the application; (2) previous misrepresentations or fraud; (3) previous misappropriation or conversion of funds; (4) disqualification for service under fiduciary responsibility provisions of ERISA; (5) previous failures to appear before the Secretary; (6) previous denial, suspension, or revocation of certificate; and (7) other violations. Sets forth additional filing requirements for MEWA certification, including: (1) notice of material changes in information required by the application; (2) annual reports; (3) quarterly financial statements; (4) quarterly reserves statements; (5) engagement of a qualified actuary; (6) filing certificates of operation with States; and (7) notification of expansion of operation in a State (with annual reports to the Secretary to insure compliance with this notification requirement). Requires each certified MEWA to maintain specified claims reserves and surplus accounts. Allows State enforcement of such requirements. Sets certain solvency requirements for certified MEWAs, specified amounts (depending on the number of covered individuals) of aggregate and specific excess/stop loss coverage from a State-licensed insurer, including: (1) coverage in the event of termination of the MEWA; (2) a participating employer's fund; (3) State enforcement of such requirements; and (4) approval of such excess/stop loss coverage and related terms by the Secretary as a prerequisite for certification. Requires operating committees of certified MEWAs to take certain corrective actions to: (1) avoid suspension or revocation of certification; (2) give notice of a likely termination of the MEWA and develop plans for the timely payment of all benefits for which the MEWA is obligated; and (3) in specified cases of failure to comply with certain requirements, take other actions required by the State insurance commissioner to terminate the MEWA and ensure the timely payment of all benefits for which the MEWA is obligated. Allows State enforcement of such corrective action requirements. Provides for expiration of MEWA certificates of operation after three years, and renewal by application. Authorizes the Secretary to suspend or revoke such certificates in specified circumstances. Requires the Secretary to provide for publication and notice of all such expirations, suspensions, or revocations. Authorizes State insurance commissioners to exercise the Secretary's powers of suspension and revocation. Makes such State actions effective: (1) with respect to participants and beneficiaries located in that State; and (2) only after notification to the Secretary and all other State insurance commissioners. Allows State law to provide for rehabilitation, supervision, or liquidation of MEWAs in cases of specified findings or of suspensions, revocations, or expirations of certification. Requires supporting statements for any suspension or revocation decision by the Secretary or a State insurance commissioner. Requires notice and opportunity for a hearing for review before a suspension or revocation becomes effective. Requires surrender of certificates which expire or are suspended or revoked. Sets forth requirements and procedures for review of actions of the Secretary with respect to certification, including decisions on applications and suspensions or revocations of certificates. Allows participating employers of an MEWA to use the alternative method of distributing plan summaries by sending them by first class mail to the last known addresses of participants and beneficiaries. Sets forth conditions of ERISA title I applicability to employee leasing welfare arrangements (ELWAs). Requires ELWAs to have fully insured group health plans for all employees whose services are provided under the ELWA, unless the ELWA meets certain exemption requirements or meets requirements of an approved qualified model for State certification procedures superceding such exemption requirements. Includes under such exemption requirements: (1) a minimum three-year lessor tenure; (2) solicitation restrictions; (3) creation of an employment relationship, involving disclosure statements, informed consent, and informed recruitment of the lessee's employees; (4) a requisite employer-employee relationship under the ELWA, with specified characteristics; and (5) additional requirements under specified provisions for MEWAs which are applicable to ELWAs. Makes expiration, suspension, and revocation provisions for MEWA certificates also applicable to ELWA certificates. Provides for treatment of ELWAs as employee welfare benefit plans for specified purposes. Modifies the definition of MEWA to: (1) include certain collectively bargained arrangements; (2) add to special rules relating to control groups and joint ventures; (3) include ELWAs, except those which meet applicable requirements for exemption added by this Act. Adds other requirements relating to MEWAs and ELWAs, including: (1) insured status reports for determinations of insured status, and enforcement of such reporting requirements by civil penalty; (2) actions by States in Federal court to enjoin violations of specified requirements; (3) criminal penalties for certain willful misrepresentations; and (4) inapplicability of certain requirements to group health plans maintained under ELWAs. Requires timely issuance by the Secretary of regulations under specified ERISA provisions for MEWAs. Provides for treatment of existing MEWAs as certified during the pendency of the application for certification. Provides for continuation of such treatment until the exhaustion of certain administrative remedies. Provides for termination of such treatment upon State intervention. Sets forth requirements for issuance and approval of a qualified model for State certification procedures. Provides that, if the National Association of Insurance Commissions (NAIC) develops and submits to the Congress such a model within one year after enactment of this Act, then such model will go into effect as approved by the Congress by enactment of a joint resolution. Sets forth requirements for: (1) development of model standards; and (2) terms, discharge, consideration, and rules for such joint resolution.
United States · United States Congress · 9 April 1992
Amends the Capitol Police Retirement Act to delay the effective date (from two years to five years after enactment) of the provisions which relate to mandatory retirement.
![Official portrait of Rep. Downey, Thomas J. [D-NY-2]](https://www.congress.gov/img/member/d000471_200.jpg)