United States · United States Congress · 5 January 1993
Securities Private Enforcement Reform Act - Amends the Securities Exchange Act of 1934 to declare that a defendant may be liable jointly and severally for damages in an implied private action only if the trier of fact specifically determines that the defendant knowingly engaged in securities fraud. Sets forth a liability allocation scheme to determine the percentage of responsibility among the defendants if the trier of fact finds that the defendant did not engage in knowing securities fraud. Prescribes guidelines for the award of reasonable fees and expenses incurred by the prevailing party in any implied private action. Declares that in any implied right of action that is certified as a plaintiff class action: (1) the share that is awarded to the representative plaintiff shall be calculated in the same manner as the share awarded to all other members of the plaintiff class; (2) a party may not be represented by any attorney who owns or has a beneficial interest in the securities that are the subject of the litigation, or who is obligated to pay remuneration to a third party for assistance in obtaining the representation of any party to the action; and (3) funds disgorged as a result of Securities and Exchange Commission action shall not be distributed as payment for attorneys' fees or expenses incurred by private parties seeking distribution of the disgorged funds. Sets a statute of limitations on private rights of action under this Act.
United States · United States Congress · 5 January 1993
Adds specified lands to the Women's Rights National Historical Park in New York. Provides that funds available to the Secretary of the Interior for the Park shall be available to establish and administer education, research facilities, and programs on the history of women's rights within the Park pursuant to cooperative agreements with appropriate public or private entities. Extends the Women's Rights National Historical Park Advisory Commission to the year 2005. Increases the limit on the authorization of appropriations for the Park.
United States · United States Congress · 5 January 1993
Congressional Accountability Act - Makes applicable to the Congress the following Federal laws to the extent they relate to the terms and conditions of employment, the health and safety of employees, and the rights and responsibilities of employers and employees: (1) Social Security Act; (2) National Labor Relations Act; (3) Fair Labor Standards Act of 1938; (4) Civil Rights Act of 1964; (5) Age Discrimination in Employment Act of 1967; (6) Occupational Safety and Health Act of 1970; (7) title IX of the Education Amendments of 1972; (8) Rehabilitation Act of 1973; (9) Privacy Act of 1974; (10) Age Discrimination Act of 1975; (11) Ethics in Government Act of 1978; and (12) Americans with Disabilities Act of 1990. Makes applicable to the Congress the Freedom of Information Act and specified provisions of Federal law relating to the independent counsel.
United States · United States Congress · 5 January 1993
Older Americans' Freedom to Work Act of 1993 - Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to remove the limitation on the amount of outside income which beneficiaries who have attained retirement age may earn without incurring a reduction in benefits.
United States · United States Congress · 5 January 1993
Missing Service Personnel Act of 1993 - Requires the responsible armed forces commander, after receiving notice that a person under his command is missing, to conduct an informal investigation to determine such person's whereabouts and, if appropriate, to place such person in a missing status. Provides for the convening of boards of inquiry to: (1) investigate evidence relating to the disappearance of a person; (2) recommend whether to continue such person in a missing status or make a finding that such person has deserted, is absent without leave, or is dead; and (3) report its recommendations and findings. Provides for the convening of a board of further inquiry, if a board of initial inquiry recommends that such person be continued in a missing status. Directs the Secretary concerned, upon the written request of a member of the immediate family of a missing person who, before the date of the enactment of this Act, was determined by the Secretary to be dead, to: (1) convene a board of further inquiry to determine whether such finding of death should be upheld or such person should be placed in a missing status; and (2) report its findings. Requires the Secretary, within three years after a board of further inquiry recommends a missing status for any person, to reconvene such board to review such status. Directs the Secretary to invite each member of the immediate family of the missing person to board meetings unless attendance would place such member in danger. Prohibits any such board from declaring a missing person dead unless: (1) evidence other than the passage of a period of fewer than 50 years suggests that such person is dead; (2) no evidence which reasonably suggests that such person is alive is in the possession of the Government; (3) Government representatives have made a complete search of the area where such person was last seen (unless the United States is not granted access to such area); and (4) Government representatives have checked the records of the government or entity having control over the area where such person was last seen (unless the Government is not granted access to such records). Provides for judicial review of determinations of death. Sets forth penalties for knowingly withholding information pertaining to a missing person from that person's personnel file. Requires the Secretary concerned to make the contents of such file available to a member of the immediate family of such person upon written request.
United States · United States Congress · 5 January 1993
Jacob Wetterling Crimes Against Children Registration Act - Directs the Attorney General to establish guidelines for State programs requiring persons convicted of a criminal offense against a minor to register a current address with a designated State law enforcement agency (LEA) for ten years after release from prison, parole, or being placed on supervised release. Sets forth requirements for an approved State registration program, including fingerprint cards and entry of information into the State law enforcement system and National Crime Information Center computer networks. Provides that the information provided under this Act is private and may be used for law enforcement purposes, including confidential background checks by child care service providers. Specifies that the allocation of Bureau of Justice Assistance grant funds under the Omnibus Crime Control and Safe Streets Act of 1968 received by a State not complying with the provisions of this Act within three years shall be reduced by 25 percent. Requires such unallocated funds to be reallocated to the States in compliance with this Act.
United States · United States Congress · 5 January 1993
Amends Internal Revenue Code provisions governing the income tax deduction for the health insurance costs of self-employed individuals to: (1) make the deduction permanent; and (2) phase in an increase in the allowable deduction, reaching 100 percent for taxable years beginning in 1996 and thereafter.
United States · United States Congress · 5 January 1993
Common Sense Budget Act of 1993 - Amends Federal law to require both the President and the Congress to draft a budget based on estimates of current fiscal year spending, proposing increases or decreases based on this level (rather than on an estimated baseline). Amends the Congressional Budget Act of 1974 to require the Congressional Budget Office to use such a current fiscal year baseline in its report to the congressional budget committees, projecting growth for entitlement and discretionary spending based on current fiscal year spending.
United States · United States Congress · 5 January 1993
Budget Enforcement and Deficit Reduction Act of 1993 - Amends the Congressional Budget Act of 1974 to increase the maximum deficit amounts for FY 1994 and 1995 and to establish such amounts for FY 1996 through 1998. Repeals discretionary spending limits for FY 1994 and 1995. Establishes such limits for FY 1994 through 1998 for the defense, international, and domestic categories. Requires adjustments to the international and domestic categories to be made in strict conformance with enforcement provisions of the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act).
United States · United States Congress · 5 January 1993
Equal Access to Annual Mammography Screening Act of 1993 - Amends part B (Supplementary Medical Insurance) of title XVIII (Medicare) of the Social Security Act to revise the breast cancer screening benefit provided under the Omnibus Budget Reconciliation Act of 1990 to cover on an annual basis (currently, biennial) routine breast cancer screening for women over age 64.
United States · United States Congress · 5 January 1993
TABLE OF CONTENTS: Title I: Bank Community Development Inventives Title II: Housing and Small Business Finance Title III: Credit Union Amendments Title IV: Bank Enterprise Act Enhancements Title V: Consumer Education Community Development Banking Act of 1993 - Title I: Bank Community Development Incentives - (Sec. 101) Amends the Community Reinvestment Act of 1977 (CRA) to direct the Federal Financial Institutions Examination Council (FFIEC) to establish standards, according to prescribed guidelines, to assess the record of a regulated financial institution in meeting its community credit needs, and for purposes of certain written evaluations and assigned ratings. (Sec. 102) Prescribes guidelines for community development investment activities for which a regulated financial institution or a depository institution holding company will be deemed to be in compliance with such Act. (Sec. 103) Amends the Bank Holding Company Act of 1956 to set forth notice procedures under which a bank holding company may acquire or control a community development corporation. (Sec. 104) Amends Federal banking law and the Home Owners' Loan Act to permit national banks and savings associations to organize, sponsor, or underwrite securities issued by investment companies that invest and trade only in securities issued by companies located and primarily doing business in qualified distressed communities. (Sec. 105) Amends the Bank Holding Company Act of 1956 to delineate conditions under which a bank holding company may acquire shares of any company located and primarily doing business in a qualified distressed community. (Sec. 106) Directs FFIEC to establish an annual awards program for outstanding efforts by insured depository institutions to meet the credit needs of their communities. (Sec. 107) Amends the Home Owners' Loan Act to modify the guidelines governing stock issuance by savings associations and holding companies. Title II: Housing and Small Business Finance - (Sec. 201) Amends the Federal Housing Enterprises Financial Safety and Soundness Act of 1992 to direct the Secretary of Housing and Urban Development (HUD) to establish separate specific sub-goals for the purchase by certain enterprises of mortgages originated by community development organizations with respect to: (1) low and moderate income housing; (2) special affordable housing; and (3) housing for underserved areas. (Sec. 202) Amends the Home Owners' Loan Act to include within the assets of a "qualified thrift investment" loans or extensions of credit for specified projects or small businesses located within a qualified distressed community. (Sec. 203) Amends the Small Business Act to authorize the Administrator to establish a model program to determine the feasibility of developing a private secondary market for certain guaranteed loans to enhance credit availability to small businesses (micro-loan guarantee demonstration program). Title III: Credit Union Amendments - (Sec. 301) Amends the Federal Credit Union Act to define and provide for "community development credit unions," which serve predominantly: (1) members whose median household incomes or wages fall below a certain level; and (2) low- and moderate-income minorities. Grants the National Credit Union Administration Board (NCUAB) additional authority with respect to the Community Development Credit Union Revolving Loan Fund. Title IV: Bank Enterprise Act Enhancements - (Secs. 401-402) Amends the Bank Enterprise Act of 1991 to: (1) make a community development bank eligible for community enterprise assessment credit for a specified period following approval of its initial charter; and (2) prescribe guidelines under which an insured depository institution servicing a qualified distressed community may engage in insurance transactions. (Sec. 402) Amends Federal banking law and the Home Owners' Loan Act to authorize a well-capitalized national bank or savings association serving a qualified distressed community to engage in transactions involving securities issued by any small business located in that community. (Sec. 403) Amends the Bank Enterprise Act of 1991 to: (1) set forth guidelines to determine a "qualified distressed rural community"; (2) include as part of any community enterprise assessment credit certain loans and assistance services provided to such communities; and (3) direct the Community Enterprise Assessment Credit Board to grant priority to qualified distressed communities when allocating funds. Title V: Consumer Education - (Sec. 501) Directs Federal banking regulatory agencies to encourage insured depository institutions to provide consumer education programs in qualified distressed communities. Permits consumer reporting agencies to indicate in their consumer reports those consumers in such distressed communities that have completed such programs.
United States · United States Congress · 5 January 1993
Amends Federal law to deny annuity benefits to a Member of Congress convicted of a State or Federal felony. Authorizes the restoration of such annuity: (1) if the individual is pardoned by the Governor in the case of a felony under State law; or (2) in the case of a reversal.
United States · United States Congress · 5 January 1993
Garnishment Equalization Act of 1993 - Provides for the treatment of Federal pay in the same manner as non-Federal pay with respect to garnishment. Allows administrative costs to be included in such garnishment.
United States · United States Congress · 5 January 1993
Procompetitiveness and Antiboycott Act of 1993 - Directs the U.S. Ambassador to the Organization for Economic Cooperation and Development (OECD) to discuss with representatives from other OECD member countries and to report to the Congress on: (1) the extent to which business enterprises comply with the boycott of Israel by Arab countries; (2) the effectiveness, with respect to the secondary boycott, of antiboycott laws of countries that have them; (3) the extent to which the secondary boycott has skewed trade and investment globally as well as in the Middle East; (4) the extent to which business enterprises not complying with the boycott are placed at a competitive disadvantage; (5) the extent to which the secondary boycott contradicts OECD trade and investment policy; and (6) the development of guidelines, comparable to the prohibitions set forth under the Export Administration Act of 1979, that OECD countries can agree on to eliminate compliance with the boycott. Requires the United States Trade Representative to enter into discussions with representatives from member countries of the General Agreement on Tariffs and Trade (GATT) and to report to the Congress on the extent to which: (1) the secondary boycott of Israel has distorted trade; (2) members of and observers to the GATT encourage actions, including the furnishing of information or entering into agreements, which support the boycott; (3) the GATT should work to eliminate the secondary boycott; and (4) GATT articles can be used to eliminate compliance with such boycott. Requires the President to report to the Congress on progress made to end the boycott. Requires the Secretary of Commerce to report to the Congress on OECD countries that encourage or fail to discourage compliance with such boycott.
United States · United States Congress · 5 January 1993
Makes it illegal to furnish any Member of the U.S. House of Representatives, at the expense of the Federal Government, free or at reduced costs: (1) medicine; (2) hospital care; (3) ambulance services; (4) meals; (5) flowers or plants; (6) pictures or picture frames; (7) haircuts; or (8) other items, services, or privileges, except official office expenses such as office supplies.
United States · United States Congress · 5 January 1993
Deficit Accountability Act of 1993 - Amends Federal law to prohibit an increase in the salary of a Member of Congress from going into effect if the Director of the Office of Management and Budget has determined that there was a deficit for the preceding fiscal year.
United States · United States Congress · 5 January 1993
Federal Mandate Relief Act of 1993 - Provides that any requirement under a Federal statute or regulation that a State or local government conduct an activity (including a requirement that a government meet national standards in providing a service) shall apply to the government only if all funds necessary to pay the direct costs incurred by the government in conducting the activity are provided by the Federal Government.
United States · United States Congress · 5 January 1993
Language of Government Act of 1993 - Declares English to be the official language of the U.S. Government. States that the Government has an affirmative obligation to preserve and enhance the role of English as the official language. Requires the Government to conduct its official business in English. Prohibits anyone from being denied Government services because they communicate in English.
United States · United States Congress · 5 January 1993
Life Imprisonment for Egregious Recidivists Act of 1993 - Amends the Federal criminal code to require the court, in the case of a conviction for a Federal violent felony, to sentence the defendant to life imprisonment if the defendant has previously been convicted of two other violent felonies. Specifies that this provision shall not be construed to prevent the imposition of the death penalty.
United States · United States Congress · 5 January 1993
Merchant Mariners Fairness Act of 1993 - Provides that certain qualified service of a member of the U.S. merchant marine, including a vessel crewmember of the U.S. Army Transport Service, during World War II constituted active military service for purposes of eligibility for various veterans' benefits under the GI Bill Improvement Act of 1977. Requires the Secretary of Defense to issue an honorable discharge under such Act to each merchant marine member whose qualified service warrants such a discharge. Prohibits the payment of any retroactive benefits under this Act. Mandates a processing fee for any benefit application for such qualified service.
United States · United States Congress · 5 January 1993
Legislative Line Item Veto Act of 1993 - Amends the Congressional Budget and Impoundment Control Act of 1974 to grant the President legislative line item veto rescission authority. Makes such a rescission effective unless the Congress, during a review period of 20 calendar days, enacts a rescission disapproval bill.
United States · United States Congress · 5 January 1993
Paperwork Reduction in Health Care Act of 1993 - Requires the Director of the Office of Management and Budget to: (1) identify, inventory, and assess the Federal paperwork burden associated with health care services; and (2) establish a goal for reducing such burden in each of FY 1994 through 1997 by at least five percent of the preceding fiscal year's paperwork burden.
United States · United States Congress · 5 January 1993
TABLE OF CONTENTS: Title I: Supervisory Reforms Title II: Nonsupervisory Reforms Subtitle A: Expedited Funds Availability and Electronic Transfers Subtitle B: Amendments to the Truth in Lending Act Subtitle C: Homeownership Amendments Depository Institution Burden Relief Act of 1993 - Title I: Supervisory Reforms - (Secs. 101-105) Amends the Federal Deposit Insurance Act to modify the guidelines governing: (1) the coordination of Federal and State examinations and reporting requirements for insured depository institutions; (2) the consolidation of requisite reports by a depository institution holding company for its capital-efficient insured depository institution subsidiaries; (3) the non-applicability to capital-efficient depository institutions of certain financial status reports for the early identification of needed improvements; and (4) the submission of duplicative information to Federal banking supervisory agencies. (Sec. 106) Prohibits a Federal banking agency from requiring an insured depository institution to submit information unrelated to either its safety or soundness, its insured deposits, or its reserve requirements. (Sec. 107) Limits the information that a capital-efficient insured depository institution must include in its federally required financial status report. (Secs. 108-109) Exempts from certain regulatory standards capital-efficient insured depository institutions and insured depository institutions which received an "outstanding rating for meeting community credit needs". (Sec. 110) Sets forth guidelines for each Federal banking agency to review and report to the Congress on needless burdens imposed by the Federal banking regulatory scheme. (Sec. 111) Amends the Federal Reserve Act to repeal the statutory scheme with respect to interbank liabilities. (Sec. 112) Amends the Federal Deposit Insurance Act to set forth expedited approval procedures under which capital-efficient State banks may engage in specified activities. (Sec. 113) Amends the Community Reinvestment Act (CRA) to set forth self-certification procedures for certain regulated financial institutions in good standing. Permits Federal financial supervisory agencies to accept in satisfaction of CRA requirements State examinations conducted pursuant to comparable community reinvestment laws. Declares that a comprehensive examination of performance shall only be conducted if a Federal regulatory agency is not satisfied that credit is being extended throughout the community in a nondiscriminatory manner. (Sec. 114) Exempts specified banks from the purview of the CRA. (Sec. 115) Amends the Federal Deposit Insurance Act to modify the assessment base guidelines for deposit insurance premiums. (Sec. 116) Mandates that certain Federal banking regulations be accompanied with a detailed statement about their economic impact upon small banks and savings associations. (Sec. 117) Mandates that each Federal banking regulatory agency establish a separate Office of Regulatory Quality to monitor its examination activities. (Sec. 118) Limits the frequency of routine examinations of insured depository institutions except those for safety and soundness. (Secs. 119-121) Amends the Bank Holding Company Act of 1956 to modify the guidelines for: (1) certain reorganizations of banks into holding companies; and (2) certain bank holding companies seeking approval to engage in specified nonbanking activities. (Sec. 122) Amends Federal law regarding monetary instruments transactions to direct the Secretary of the Treasury to: (1) review annually all regulations pertaining to monetary instruments transaction requirements seeking public comment; and (2) publish all written rulings interpreting such law, as well as staff commentaries. (Sec. 123) Amends the Federal Reserve Act to modify the aggregate limits on insider lending for specified small banks. Title II: Nonsupervisory Reforms - Subtitle A: Expedited Funds Availability and Electronic Transfers - (Sec. 201) Amends the Expedited Funds Availability Act to: (1) modify the availability schedules for both depository institution accounts and new accounts; and (2) authorize the Board to establish rules for losses and liability among the States and their political subdivisions in connection with any aspect of the payment system. Subtitle B: Amendments to the Truth in Lending Act - (Sec. 211) Amends the Truth in Lending Act to: (1) exempt from its purview credit transactions involving consumers whose income or net worth exceeds specified thresholds; and (2) modify its information disclosure guidelines. Subtitle C: Homeownership Amendments - (Sec. 221) Amends the Home Mortgage Disclosure Act of 1975 to modify the total assets criterion used to exempt depository institutions from its purview. (Sec. 222) Amends the Housing and Urban Development Act of 1968 to repeal its homeownership debt counseling notification requirements. (Sec. 223) Forbids a Federal banking agency from requiring any institution under its purview to engage in data collection practices pursuant to the requirements of the Fair Housing Act other than data required under the Home Mortgage Disclosure Act of 1975.
United States · United States Congress · 5 January 1993
Constitutional Amendment - Declares that the Congress and the States shall have power to prohibit the act of physical desecration of the U.S. flag and to set criminal penalties for such act.
United States · United States Congress · 5 January 1993
Constitutional Amendment - Prohibits a person who has been elected to: (1) the Senate two times from being eligible for election or appointment to the Senate; and (2) the House of Representatives six times from being eligible for election to the House.
United States · United States Congress · 5 January 1993
Amends rule XXIII of the Rules of the House of Representatives to make it out of order to put the question upon final passage of any bill or resolution until printed copies of the measure have been available for all Members for at least one day. Provides for the suspension of this Act for a particular bill or resolution in a national emergency upon the joint request of the Speaker and Minority Leader and with an affirmative two-thirds vote.
United States · United States Congress · 5 January 1993
Expresses the sense of the Congress that the Constitution provides that all citizens have the right to keep and bear arms and that such right supersedes the power and authority of any government.
United States · United States Congress · 5 January 1993
Declares that the Congress opposes any attempt to lower the estate tax exemption or raise the effective rate of taxes on estates because such measures contradict the fundamental goal of the United States Government of encouraging long-term private saving through which productive investment that promotes economic growth can be realized.
United States · United States Congress · 6 October 1992
Tax Fairness Restoration and Economic Growth Act - Title I: Tax Reductions - Subtitle A: Capital Gains Provisions - Amends the Internal Revenue Code to exclude capital gain from gross income and exempt capital gain from tax. Makes such exemption applicable to computing the alternative minimum tax. Subtitle B: Restoration of Income Averaging - Sets forth provisions to restore income averaging. Subtitle C: Elimination of Double Tax on Dividends - Allows a shareholder credit (for taxpayers other than corporations) for dividends from domestic corporations. Provides for determining such credit based on the corporation's post-1992 Federal income taxes and post-1992 undistributed earnings. Includes such credit in the determination of gross income. Allows corporations a 100 percent deduction for amounts received as dividends from domestic corporations. Revises computations on dividends received by corporations on the preferred stock of a public utility. Subtitle D: Permanent Extension of Research Credit - Makes permanent law the credit for increasing research activities. Subtitle E: Reduction of Individual Tax Rate - Reduces individual income tax rates by eliminating the highest tax bracket. Subtitle F: Retirement Savings Incentives - Part I Restoration of IRA Deduction - Amends the Internal Revenue Code to remove the limitations on deductions for individual retirement plans and provides a cost-of-living adjustment for deductible amounts. Part II: Nondeductible Tax-Free IRAs - Establishes special individual retirement accounts that are nondeductible. Makes such accounts nontaxable if earnings on contributions are held for at least five years. Applies the early withdrawal penalty to distributions made before the end of the five year-period. Part III: Penalty-Free Distributions - Provides exemptions from the ten-percent penalty on early withdrawals from individual retirement plans for: (1) first home purchases; (2) higher education expenses; and (3) financially devastating medical expenses. Subtitle G: Repeal of Excise Penalty Taxes on Autos - Repeals the excise tax on luxury items (passenger vehicles, boats, aircraft, jewelry, and furs). Subtitle H: Repeal of Limitation On Itemized Deductions - Repeals the overall limitation on itemized deductions. Subtitle I: Repeal of Passive Loss Limitations - Repeals passive loss limitations. Subtitle J: Restoration of 10-Percent Investment Credit - Restores the ten percent investment tax credit for property placed in service after enactment of this Act. Subtitle K: Restoration of Accelerated Cost Recovery System - Restores the accelerated cost recovery system as in effect on the day after the enactment of the Economic Recovery Tax Act of 1981. Subtitle L: Credit for First-Time Homebuyer - Allows a credit for a first-time homebuyer of ten percent of the price of the principal residence. Limits such credit to $2,500. Requires the residence to be acquired on or after February 1, 1992, and before January 1, 1993. Title II: Taxpayer Bill of Rights - Subtitle A: Additional Safeguards to Protect Taxpayers' Rights - Part I: Taxpayers' Advocate - Amends the Internal Revenue Code to establish in the Internal Revenue Service (IRS) the Office of Taxpayers' Advocate, headed by the Taxpayers' Advocate, appointed by the President, by and with the advice and consent of the Senate. Requires the Office to: (1) assist taxpayers in resolving problems with the IRS; (2) identify areas in which taxpayers have problems in dealings with the IRS; (3) propose changes in the administrative practices of the IRS to mitigate such problems; and (4) identify potential legislative changes which may be appropriate to mitigate such problems. Requires the Taxpayers' Advocate to annually report to specified congressional committees on Office activities. Requires the Commissioner of Internal Revenue to establish procedures requiring a formal response to all recommendations submitted to the Commissioner by the Taxpayers' Advocate. Authorizes the terms of a Taxpayer Assistance Order to require the Secretary of the Treasury to take certain actions (currently, only to cease or refrain from taking such actions). Part II: Modifications to Installment Agreement Provisions - Requires prior notification to taxpayers under an installment agreement to pay tax liability before altering, modifying, or terminating such an agreement. Provides for administrative review of denials of requests for installment agreements. Suspends the failure to pay penalty during any period an installment agreement is in effect. Part III: Interest - Extends from ten days to 21 days the period for which interest will not be imposed after notice and demand for payment, if such payment is less than $100,000. Provides for the abatement of interest in the case of an assessment due to the error or delay of an IRS managerial act. Increases the interest rate for overpayment of tax from two percent to three percent (making such rate equal to the interest rate for underpayment of tax). Waives interest on all overpayments refunded within 45 days after a return is filed. Part IV: Joint Returns - Requires separate deficiency notices in the case of a joint income tax return if the most recent data available to the IRS shows that such spouses did not file a joint return with each other. Allows the disclosure of collection activities to an individual requesting such information in the case of a joint return where such individual is no longer married to or resides in the same household as the other joint filer. Removes limitations on filing a joint return after filing separate returns. Part V: Collection Activities - Authorizes the Secretary, if it is determined to be in the best interest of the taxpayer and the United States, to: (1) withdraw a notice of a lien; (2) return property that has been levied upon; and (3) offer compromises in civil or criminal cases. Requires the Secretary, at the request of the taxpayer, to make reasonable efforts to notify credit reporting agencies and financial institutions of such withdrawal notice. Part VI: Erroneous and Fraudulent Information Returns - Requires payee statements to provide the phone number of the person providing payment. Establishes civil damages for the fraudulent filing of information returns. Requires the Secretary to take reasonable steps to corroborate the accuracy of an information return when making a determination of a deficiency by a third party, when such return is disputed by the taxpayer. Part VII: Modifications to Penalty for Failure to Collect and Pay Over Tax - Declares that a person shall not be liable for any penalty for failure to collect and pay over tax if such person: (1) is not a significant owner, or highly compensated employee of the trade or business; (2) notifies the Secretary within ten days after such failure; and (3) such notification was before any notice by the Secretary with respect to such failure. Requires the Secretary to disclose certain information where more than one person is liable for a penalty. Part VIII: Awarding of Costs and Certain Fees - Repeals the "substantially justified" test for determining whether a taxpayer may recover costs and fees incurred as part of an administrative or court proceeding. Provides for the awarding of reasonable litigation or administrative costs to a prevailing party who represents himself in an administrative or court proceeding. Makes IRS employees personally liable in certain cases. Provides that any failure to agree to an extension of time for the assessment of any tax shall not be taken into account in determining whether a prevailing party has exhausted all administrative remedies. Part IX: Other Provisions - Revises provisions on the required content of tax due, deficiency, and other notices. Provides for the treatment of returns prepared for or executed by the Secretary for purposes of certain tax penalties. Provides protection for taxpayers who rely on certain guidance published by the IRS. Subtitle B: Form Modifications - Directs the Secretary to: (1) ensure that taxpayers are aware of permission to pay tax in installments, extensions of time for payment of tax, and compromises of tax liability; (2) improve procedures for taxpayers to notify the Secretary of changes in names and addresses; (3) include in a specified publication a section on the rights and responsibilities of divorced individuals; (4) ensure that employees are aware of their responsibilities under the Federal tax system and that the public is aware of penalties for failure to collect and pay over tax; and (5) notify taxpayers of any payments that cannot be associated with any outstanding tax liability. Subtitle C: Additional Improvements - Requires the Secretary to report to the tax-writing committees on: (1) a pilot program for appeals of certain enforcement actions (including lien, levy, and seizure actions); (2) a study on ways to assist the elderly, physically impaired, foreign-language speaking, and other taxpayers with special needs to comply with IRS laws; (3) the scope and content of the IRS taxpayer-rights education program for its officers and employees; and (4) cases involving complaints about misconduct of IRS employees and the disposition of such complaints. Requires the Comptroller General to report to the tax-writing committees on: (1) a study of notices of deficiency; (2) the accuracy and clarity of 25 of the most commonly used IRS forms, notices, and publications; and (3) a study of IRS employee-suggestion programs.
United States · United States Congress · 5 October 1992
Endangered Species Act Reform Amendments of 1992 - Title I: Ensuring the Integrity of the Listing, Critical Habitat Designation, and Consultation Processes - Amends the Endangered Species Act of 1973 (the Act) with respect to improved data collection and analysis, peer review, equal access to judicial review, recognition of State, local, and international activities, priority for species preservation, critical habitat designation, and consultation processes. Title II: Providing Significance to the Recovery Planning Process - Amends the Act with respect to ensuring the preparation and use of timely, comprehensive, and effective recovery plans. Requires either the Secretary of the Interior or the Secretary of Commerce, as program responsibilities are vested, to report biennially to specified congressional committees on the status of: (1) efforts to develop and implement recovery plans for listed endangered and threatened species; and (2) all species for which such plans have been developed. Title III: Ensuring that the Compliance Procedures and Standards for Private Landowners and Other non-Federal Persons Are Not More Burdensome, Time-Consuming, or Costly than Those Applicable to Federal Agencies - Amends the Act to: (1) make consultation procedures for Federal agencies available to private landowners and other non-Federal agencies available to private landowners and other non-Federal individuals and entities; (2) include permit or license applicants in consultations concerning Federal agency actions; (3) authorize the issuance of general permits for private and other non-Federal activities which have minimal effect on species listed under the Endangered Species Act of 1973; (4) facilitate the application for, and processing and issuance of, conservation plans for endangered or threatened species; (5) define the "take prohibition" for application in accordance with the intent of the Congress and in a manner providing more precise guidance to all parties wishing to avoid its violation and possible sanctions; (6) establish special limitations on application of take prohibitions; (7) provide for exemptions from the Act for non-Federal individuals and entities and remove payment requirements associated with obtaining such an exemption; and (8) give non-Federal property owners the option of purchase of their property by, or receipt of compensation for diminished value of their property from, the Federal Government when it requires that the property be managed to protect endangered or threatened species. Title IV: Species Enhancement - Amends the Act to authorize the Secretary to: (1) enter into cooperative management agreements for governing the administration and management of areas identified as habitats for listed species; (2) provide grants to private property owners for preserving the habitat of threatened or endangered species; and (3) permit activities otherwise prohibited when such actions are carried out by certain organizations for the sole purpose of promoting species conservation and population enhancement. Provides for guidance for the release of experimental populations. Title V: Reauthorization and Other Amendments - Makes technical amendments regarding application of Endangered Species Act prohibitions to threatened species and citizens suits. Reauthorizes the Endangered Species Act of 1973 at increased levels.
United States · United States Congress · 2 October 1992
Family Farm Protection Act of 1992 - Title I: Capital Gains Tax Reduction - Amends the Internal Revenue Code to reduce the individual and corporate capital gains rate from 34 percent to 15 percent. Reduces such tax to 7.5 percent for low- and middle-income taxpayers. Provides for the phaseout of personal exemptions and the overall limitation on itemized deductions to take into account adjusted gross income which has been reduced by net capital gain. Requires indexing, based on the gross national product deflator, of the adjusted basis of certain assets (corporate stock and tangible property that is a capital asset of property used in a trade or business) that have been held for more than one year at the time of sale or other transfer, solely for the purpose of determining gain or loss. Provides for indexing the limitation on capital losses of noncorporate taxpayers. Title II: Other Tax Incentives - Reinstates a five-percent investment tax credit for property placed in service after December 31, 1992. Removes the limitation on deductions for retirement savings. Makes permanent the deduction for health insurance costs of self-employed individuals.
United States · United States Congress · 18 September 1992
Regulatory Flexibility Amendments Act of 1992 - Amends Federal law to eliminate provisions respecting judicial review of Federal agency compliance with regulatory flexibility analysis requirements. Requires an agency to consider the direct and indirect effects of a rule in determining whether or not it is likely to have a significant impact on a substantial number of small entities. Sets forth guidelines governing agency transmittal of proposed rules to the Chief Counsel for Advocacy of the Small Business Administration. Authorizes such official to transmit to the agency a statement of opposition to the proposed rule. Requires publication of such statement and the agency's response in the Federal Register. Expresses the sense of the Congress that the Chief Counsel for Advocacy of the Small Business Administration should be permitted to appear as amicus curiae in any action or case brought in a U.S. court for the purpose of reviewing a rule.
United States · United States Congress · 16 September 1992
Sexual Assault Prevention Act of 1992 - Title I: Sexual Violence - Subtitle A: Penalties and Remedies - Amends the Federal criminal code to provide for pretrial detention in sex offense cases. Makes murder a Class A felony, mandating the death sentence, when done in the course of certain sex offenses, sexual assault, or child molestation, or when the defendant has previously been convicted of sexual assault or child molestation, subject to specified mitigating factors. Requires instructing the jury not to: (1) be influenced by prejudice or bias relating to the race, color, religion, national origin, or sex of the defendant or any victim; and (2) recommend a death sentence unless it concludes that it would recommend such sentence regardless of such factors. Requires each juror to sign a certification to that effect. Prohibits: (1) carrying out a death sentence on a woman while she is pregnant; and (2) requiring any employee of, or any person under contract to provide services to, a State corrections department, the Federal Bureau of Prisons, or the U.S. Marshals Service, to attend or participate in any execution. Sets forth provisions regarding: (1) the appointment of counsel for indigent capital defendants; (2) representation after finality of judgment; (3) standards for competence of counsel; (4) claims of ineffectiveness of counsel in collateral proceedings; (5) time limits for collateral attack on a death sentence; (6) stays of execution; and (7) finality of the decision on review. Increases penalties for: (1) recidivist sex offenders; and (2) sex offenses against victims under age 16. Directs the U.S. Sentencing Commission: (1) to amend the sentencing guidelines to increase by at least four levels the base level for offenses relating to sexual, and aggravated sexual, abuse; (2) to consider whether any other changes applicable to such offenses are warranted; (3) in amending the guidelines in conformity with this provision, to review the appropriateness and adequacy of existing offense characteristics and adjustments applicable to such offenses; and (4) in any subsequent amendment to the guidelines, to maintain minimum guideline sentences for such offenses which are at least equal to those required by this provision. Amends the Federal criminal code to require that a person charged with an offense under provisions relating to sexual abuse be tested for the human immunodeficiency virus: (1) before release pending trial; and (2) six months and twelve months after the initial test. Requires results to be provided to the judicial officer or court and disclosed only to the victim, the attorney for the Government, and the person tested. Requires the U.S. Sentencing Commission to amend the sentencing guidelines to enhance the sentence of an offender who had reason to know that he was infected, except where the offender did not engage or attempt to engage in conduct creating a risk of transmission. Amends: (1) the Victims' Rights and Restitution Act of 1990 to require a governmental department or agency to pay for up to two tests for a sexual assault victim in the twelve months following the assault and a counseling session regarding the tests and the risk of transmission as the result of the assault; and (2) the Controlled Substances Act to provide for increased penalties for distribution of a controlled substance to a woman while she is pregnant. Amends the Federal criminal code to authorize the restitution of victims of sex offenses, including reimbursement for lost income and necessary child care, transportation, and other expenses related to participation in the investigation or prosecution of, or attendance at proceedings related to, the offense. Requires the court to issue an order requiring restitution of the full amount of the victims's losses and expenses for which restitution is authorized in imposing sentence, unless the Government and the victim do not request such restitution. Provides for the enforcement of restitution orders through the suspension of Federal benefits. Provides that whoever, in violation of the Constitution or laws of the United States, engages in sexual violence against another, shall be liable to the injured party in a civil action. Includes among the relief available compensatory and punitive damages and any appropriate equitable or declaratory relief. Amends the Civil Rights Attorney's Fees Award Act of 1976 to include such provision with respect to payment of attorney fees. Subtitle B: Rules of Evidence, Practice, and Procedure - Amends the Federal Rules of Evidence to allow evidence of similar offenses in criminal or civil sexual assault and child molestation cases. Revises Federal Rule of Evidence 412 (rape victim shield law), including: (1) making inadmissible reputation or opinion evidence of the past sexual behavior of an alleged victim of a sex offense, and evidence of a victim's past sexual behavior other than reputation or opinion evidence (with exceptions), in a civil case (current law applies only to criminal cases); and (2) requiring any order admitting such evidence to explain the reasoning leading to the finding of relevance and the basis of the finding that its probative value outweighs the danger of unfair prejudice notwithstanding the potential of the evidence to humiliate and embarass the alleged victim and to result in unfair or biased inferences. Amends the Federal criminal code to provide that an appeal by the United States before trial shall lie to a court of appeals from an order of a district court admitting evidence of an alleged victim's past sexual behavior in a criminal case in which the defendant is charged with a sex offense, whether or not the conduct occurred in the special maritime and territorial jurisdiction of the United States or in a Federal prison. Adds a Federal Rule of evidence that, in a criminal case in which a person is accused of a sex offense, evidence is not admissible to show that the alleged victim invited or provoked the commission of the offense. Enacts rules to be known as the Rules of Professional Conduct for Lawyers in Federal Practice and includes them as an appendix to provisions of the U.S. Code relating to the judiciary and judicial procedure. Applies the rules to proceedings before a U.S. court or a Federal agency that carries out adjudicatory or quasi-adjudicatory functions. Includes rules relating to: (1) litigation abuse (including conduct to increase litigation expenses or with no substantial purpose other than to distress another person); (2) a duty of enquiry in relation to the client (including attempting to elicit from the client a materially complete account of the alleged criminal activity or civil wrong if the client acknowledges involvement in such activity or wrong), and to elicit the material facts relevant to a defense of alibi if the client denies such involvement; (3) a duty to expedite litigation (including not attempting to delay or prolong proceedings for specified reasons); and (4) a duty to prevent the commission of a crime (including allowing or requiring disclosure of information). Amends the Federal Rules of Criminal Procedure to provide that: (1) if the offense charged is punishable by imprisonment for more than one year, each side is entitled to six peremptory challenges (currently, six for the Government and ten for the defendant or defendants jointly); and (2) if sentence is to be imposed for a crime of violence or sexual abuse, the court shall (before imposing sentence) address the victim personally if the victim is present at the sentencing hearing, and determine if the victim wishes to make a statement and present any information in relation to the sentence (which statement may be made in camera under specified circumstances). Expresses the sense of the Congress that news media, law enforcement personnel, and other persons should exercise restraint and respect a rape victim's privacy by not disclosing the victim's identity to the general public or facilitating such disclosure without the victim's consent. Subtitle C: Safe Campuses - Requires the Attorney General to: (1) provide for a national baseline study to examine the scope of the problem of campus sexual assaults and the effectiveness of institutional and legal policies in addressing such crimes and protecting victims; and (2) submit a report to the Congress by September 1, 1995. Authorizes appropriations. Amends: (1) the General Education Provisions Act to provide for the disclosure of arrest records by campus police; and (2) the Higher Education Act of 1965 to add sexual assault to the list of offenses regarding which certain institutions are required to collect and disclose statistics. Subtitle D: Assistance to States and Localities - Authorizes the Attorney General to make grants to support projects and programs relating to sexual violence. Sets forth provisions regarding: (1) formula and discretionary grant allotments; (2) application requirements for formula grants; (3) conditions on grants; (4) program evaluation (by the National Institute of Justice); (5) coordination of grant administration; and (6) reporting requirements. Authorizes appropriations. Authorizes the Attorney General to make supplementary grants to States adopting laws that exceed or are reasonably comparable to Federal provisions relating to sexual violence in certain respects. Authorizes appropriations. Title II: Domestic Violence and Offenses Against the Family - Amends the Federal criminal code to establish penalties (including mandatory penalties if the offense involves the infliction of bodily injury on, or the commission of sexual abuse against, the victim) for interstate travel to commit spouse abuse or to violate a protective order, subject to specified requirements. Provides for mandatory restitution and pretrial detention for victims of such offense. Includes as an aggravating factor, for purposes of death penalty provisions under this Act, that a killing occurred in the course of such offense. Establishes penalties (including restitution) for noncompliance with child support obligations in interstate cases. Makes compliance with any court or administrative order under State law requiring payments for the support of a child, or of a child and the parent with whom the child is living, a condition of probation. Provides for full faith and credit of protective orders among the States. Expresses the sense of the Congress that, for purposes of determining child custody, evidence establishing that a parent engages in physical abuse of a spouse should create a statutory presumption that it is detrimental to the child to be placed in the custody of the abusive spouse. Directs the Attorney General to: (1) prepare a report on the status of battered women's syndrome as a medical and psychological condition and on its effect in criminal trials; (2) conduct a study of the means by which abusive spouses may obtain information concerning the addresses or locations of estranged or former spouses; (3) complete a study of problems of recordkeeping of criminal complaints involving domestic violence; and (4) evaluate, develop, prepare and disseminate to State authorities, and make recommendations concerning anti-stalking legislation. Sets forth reporting requirements. Authorizes the Attorney General to make grants to support projects and programs relating to domestic violence and other criminal and unlawful acts that particularly affect women. Sets forth provisions regarding: (1) formula and discretionary grant allotments; (2) application requirements for formula grants; (3) conditions on grants; (4) program evaluation; (5) coordination of grant administration; and (6) reporting requirements. Authorizes appropriations. Title III: National Task Force on Violence Against Women - Establishes the National Task Force on Violence Against Women to develop a uniform Federal, State, and local law enforcement strategy aimed at protecting women against violent crimes, punishing persons who commit such crimes, and enhancing the rights of the victims. Sets forth administrative and reporting requirements. Authorizes appropriations.
United States · United States Congress · 15 September 1992
Prohibits the proposed sale of F-15 fighter jets to Saudi Arabia described in the certification transmitted to the Congress on September 14, 1992 (transmittal number 92-42), unless the President certifies to the Congress that such country renounces and no longer observes the boycott of Israel by Arab countries.
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
Persian Gulf War Veterans Registry Act - Directs the Secretary of Veterans Affairs to establish a Persian Gulf War Veterans Registry for maintaining information concerning the health status of veterans who served in the Persian Gulf area during the Persian Gulf War (War). Describes information to be included in the Registry, including the circumstances of each veteran's service during the War. Directs the Secretary, in establishing such Registry, to: (1) provide each War veteran with a complete mental and physical examination, as well as a follow-up consultation to explain examination results; and (2) obtain from the Secretary of Defense any information relevant to such service. Authorizes the Secretary to undertake outreach efforts to further Registry purposes.
United States · United States Congress · 12 August 1992
Congratulates Launi Meili and Bob Foth on their outstanding achievements in smallbore rifle three-position competitions at the 1992 summer Olympic games.
United States · United States Congress · 4 August 1992
Commends: (1) the many heroic individuals who acted at great risk to save Jews from death during the Holocaust; and (2) the Jewish Foundation for Christian Rescuers for its work in recognizing, honoring, and encouraging the people of the world to show the altruism and moral courage of such heroic individuals.
United States · United States Congress · 22 July 1992
Federal Grants for State and Local "G.I. Bills" for Children - Requires the Secretary of Education to use specified funds to make competitive grants to States and localities for educational choice programs. Authorizes reservation of a specified portion of such funds for national evaluation of such programs. Authorizes appropriations. Makes a State or locality eligible for such a grant if it: (1) has taken significant steps to provide a choice of schools to families with school children in the program area, including those not eligible for scholarships under this Act; (2) will, if awarded a grant, provide scholarships to parents of eligible children that may be redeemed for elementary or secondary education at a broad variety of public and private (including religious) schools serving that area; and (3) permits all such lawfully operating schools serving the area to participate in its program under this Act if they so choose. Requires grantees to provide scholarships to parents of eligible children, with a value of $1,000 from Federal funds under this Act and an additional amount, if any, of State, local, and nongovernmental funds. Excludes such scholarships from consideration as income for Federal income tax or Federal program eligibility purposes. Requires such scholarships to be provided to parents of children who reside in the program area, will attend a participating public or private school, and are from a middle- or low-income family (as determined by the grantees, in accordance with the Secretary's regulations). Limits the maximum family income for eligibility to not more than the higher of the State or national median family income. Provides for continuation of such scholarship aid to a child in each program year, unless the child no longer resides in the program area or no longer attends school, or the child's family income exceeds by 20 percent or more than the maximum income of families who received scholarships in the preceding year. Requires the grantee to provide scholarships to the lowest income families if the grant amount is insufficient to provide such aid to each child up to the income level for which the grantee applied. Sets forth application requirements, including descriptions of program areas and economic profiles of children residing there. Requires that programs be selected to receive such grants on the basis of: (1) number and variety of educational choices they make available to families of eligible children; (2) extent to which choices among public, private, and religious schools are available to all families in the area, including those not eligible for scholarships; (3) proportion of children from low-income families among participants; and (4) applicant's financial support of the program, including, State, local, and nongovernmental supplementary funds, not only for scholarships but also for other economic incentives such as tax relief (taking local conditions into account). Requires awards to programs in urban and rural areas and in different areas of the Nation. Requires award of annual grants, taking account of availability of appropriations, number and quality of applications, and other appropriate factors. Allows each grant to be for up to four years and to be renewed for an additional four-year period. Requires the following sequence for use of the Federal portion of such a scholarship: (1) for tuition and fees at the school selected by the parents, and for reasonable transportation costs (at the parent's option); (2) if the parent's so choose, for supplementary academic services for the child (up to $500 in cost) from any provider chosen by the parents that the grantee determines is capable to do so and has an appropriate refund policy; and (3) any remaining funds to be used either by the public school the child attends for student academic achievement programs, or, if the child attends private school, by the grantee for additional scholarships. Sets forth the effect of this Act on other programs. Requires a local educational agency to provide to any child in an educational choice program the same services that it would otherwise provide to that child under chapter 1 title I Elementary and Secondary Education Act of 1965 provisions for educationally disadvantaged children. Declares that this Act does not affect specified requirements under the Individuals with Disabilities Education Act. Provides that such scholarships are aid to families, not institutions, so that their expenditure shall not be construed as Federal financial aid or assistance to a school or provider of supplementary academic services. Requires schools or providers of academic services, in order to receive scholarship funds under this Act, to comply with antidiscrimination requirements under specified Federal laws. Directs the Secretary to promulgate regulations to implement this requirement, taking into account the purposes of this Act and the nature, variety, and missions of schools and providers that may participate. Prohibits consideration of Federal funds provided under this Act in Federal, State, or local agency determination of other assistance to such grantees or schools attended. Provides that no State constitution or law shall be construed or applied to prohibit any grantee from: (1) paying administrative costs of a program under this Act; or (2) providing any Federal funds received under this Act to parents for use at a religious or other private institution. Declares that nothing in this Act authorizes the Secretary to exercises direction, supervision, or control over any participating school or educational institution as to curriculum, instructional program, administration or personnel. Directs the Secretary to conduct with specified reserved funds, a national evaluation of the program authorized by this Act. Directs the Secretary to promulgate regulations to enforce this Act. Prohibits such enforcement through a private cause of action.
United States · United States Congress · 9 July 1992
Administrative Health Costs Reduction Act of 1992 - Directs the Secretary of Health and Human Services to adopt standards relating to uniform: (1) claims data elements; (2) claims forms; and (3) electronic transmission of billing information. Allows a health benefit plan to reject a nonelectronic claim not submitted on a form meeting the standards. Provides, a specified period after adoption of the standards, for direct electronic filing by providers of claims. Defines "health benefit plan" to include various employee benefit plans and the Medicare and Medicaid provisions (titles XVIII and XIX) of the Social Security Act.
United States · United States Congress · 2 July 1992
Combined Welfare Administration Act of 1992 - Authorizes the Secretary of Health and Human Services to make a combined grant to States for administrative costs necessary to carry out the Aid to Families with Dependent Children program under part A of title IV of the Social Security Act, the Medicaid program under title XIX of the Social Security Act, and the Food Stamp program. Eliminates enhanced Federal payments for State administrative activities under such programs. Provides for allotment and payment of funds under such grant program, as well as State reports on the intended use of such allotments. Sets forth audit requirements.
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.
![Official portrait of Rep. Paxon, Bill [R-NY-27]](https://www.congress.gov/img/member/p000148_200.jpg)