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 · 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 · 30 June 1992
Declares that the Congress: (1) recognizes the accomplishments of the National Eye Institute; (2) commends the Institute on its 25th anniversary; and (3) supports taxpayer education concerning the returns yielded by their investments in vision research.
United States · United States Congress · 25 June 1992
National Institutes of Health Revitalization Amendments of 1992 - Title I: General Provisions Regarding title IV of Public Health Service Act - Subtitle A: Research Freedom - Part I: Review of Proposals for Biomedical and Behavioral Research - Amends the Public Health Service Act to prohibit the Secretary of Health and Human Services from approving certain research or financial assistance to conduct research unless specified review has taken place and the review entity has recommended approval. Prohibits the Secretary from withholding, on ethical grounds, funding for research that has received such review approval unless: (1) an ethics advisory board recommends the withholding; or (2) such a board recommends against withholding, but the Secretary finds that the recommendation is arbitrary and capricious. Part II: Research on Transplantation of Fetal Tissue - Permits the Secretary to conduct or support research on the transplantation of human fetal tissue for therapeutic purposes regardless of whether the tissue is obtained from a spontaneous or induced abortion or a stillbirth, in accordance with State and local law. Requires the researcher, if the tissue bank established under a specified executive order is in operation, to obtain the tissue from that bank, unless the bank does not provide requested tissue within a specified time of a request. Requires certain statements by the woman providing the tissue, the researcher, and the donee. Imposes criminal penalties for certain commercial transactions involving the transfer or directed donation of human fetal tissue. Prohibits: (1) any official of the executive branch from imposing a policy prohibiting the Department of Health and Human Services from conducting or supporting any research on the transplantation of human fetal tissue for therapeutic purposes; and (2) the Secretary from withholding funds for research which is in accordance with this Act. Deems a specified report of the Human Fetal Tissue Transplantation Research Panel to be a report issued by an ethics advisory board finding, on a basis that is neither arbitrary nor capricious, that there are no ethical grounds for withholding funds for such research. Part III: Miscellaneous Repeals - Removes certain provisions of the Public Health Service Act relating to: (1) biomedical ethics; (2) a study by the Biomedical Ethics Advisory Committee on waiver of a specified risk standard; and (3) the construction of title IV (National Research Institutes) of the Act. Subtitle B: Clinical Research Equity Regarding Women and Minorities - Part I: Women and Minorities as Subjects in Clinical Research - Requires that women and minorities be included as subjects in each clinical research project under such title IV. Requires projects to be designed and carried out so as to provide for an analysis of whether the variables being tested affect women or minorities differently than other subjects. Requires the establishment of inclusion guidelines. Requires that technical and scientific peer review conducted under existing provisions include an evaluation of the merit of the proposal regarding women and minorities. Part II: Office of Research on Women's Health - Establishes in the National Institutes of Health (NIH) the Office of Research on Women's Health. Requires the Director of the Office to establish: (1) the Coordinating Committee on Research on Women's Health; and (2) the Advisory Committee on Research on Women's Health. Mandates: (1) a determination of the extent to which women are represented among senior physicians and scientists of the national research institutes and among those conducting research supported by the institutes; and (2) as appropriate, activities to increase the extent of such representation. Requires establishment of: (1) a data system, available to the public, for the collection, analysis, and dissemination of information regarding research on women's health conducted or supported by the institutes; and (2) a program to provide information on research and prevention activities of the institutes relating to women's health research. Subtitle C: Scientific Integrity - Replaces provisions relating to protection against scientific fraud with provisions establishing as an independent entity in the Department of Health and Human Services the Office of Scientific Integrity. Requires: (1) applicants for a grant, contract, or cooperative agreement under the Act for biomedical or behavioral research to have an administrative process to review reports of scientific misconduct and agree to report any investigation of such reports; and (2) a response process for the Office. Establishes the Commission on Scientific Integrity. Provides for employee whistle blower protection. Mandates measures for identifying, responding to, and reporting the existence of a financial interest that will or may create a bias in favor of obtaining results, in a project to evaluate the safety or effectiveness of a drug, medical device, or treatment, that are consistent with the interest. Title II: Protection of Health Facilities - Prohibits stealing or otherwise converting personal property or damaging real property of a health facility assisted under the Public Health Service Act, or deterring, through physical restraint, any individual from entering or exiting the facility. Includes in the prohibitions various acts interfering with the use of animals for research. Provides for fines, imprisonment, restitution, and private civil actions. Title III: National Institutes of Health in General - Modifies the duties of the NIH's Associate Director for Prevention. Establishes a program to enhance the competitiveness of research entities in States which have historically had low success in obtaining funds from the national research institutes for biomedical and behavioral research. Mandates activities, consistent with the global Children's Vaccine Initiative, to develop affordable new and improved vaccines. Authorizes appropriations. Requires a plan regarding research methods that do not require the use of animals, reduce the number of animals used, and produce less distress in the animals. Establishes the Interagency Coordinating Committee on the Use of Animals in Research. Repeals similar provisions. Authorizes the Secretary of Health and Human Services to conduct and support research, research training, recruitment, and other activities to increase the number of women and individuals from disadvantaged backgrounds in biomedical and behavioral research. Requires that any survey of human sexual behavior conducted or supported through NIH: (1) undergo review in accordance with specified provisions; and (2) have been determined by the Secretary to assist in reducing the incidence of infectious disease or improve health conditions. Establishes a fund for use by the NIH Director to carry out NIH activities. Authorizes appropriations. Modifies the term of office of members of advisory councils of the national research institutes. Requires that at least half of all new or revised health education and promotion materials developed or funded by NIH be in a form that does not exceed a level of functional literacy. Authorizes a program to provide day care service for NIH employees. Title IV: General Provisions Respecting National Research Institutes - Requires that the Secretary receive from the President and the Office of Management and Budget directly all funds appropriated by the Congress for obligation and expenditure by the Institute. Removes provisions authorizing the Director of the National Cancer Institute to directly receive such funds. Modifies the authority of the directors of the national research institutes to establish and appoint the members of technical and scientific peer review groups in addition to those appointed under specified provisions. Makes the Federal Advisory Committee Act inapplicable to such additional groups. Requires expansion and intensification of programs of research and related activities concerning osteoporosis, Paget's disease, and related bone disorders. Provides for the establishment, through a grant, cooperative agreement, or contract, of a clearinghouse to enhance knowledge and understanding of professionals, patients, and the public. Authorizes appropriations. Establishes: (1) a comprehensive program of conducting basic and clinical research on trauma, including diagnosis, treatment, rehabilitation, and general management of trauma; and (2) the Trauma Research Interagency Coordinating Committee. Title V: National Cancer Institute - Requires expanding, intensifying, and coordinating the activities of the National Cancer Institute (NCI) regarding breast and ovarian cancer, other cancers of the reproductive system of women, and prostate cancer. Requires inclusion of the conduct and support of research and demonstration centers. Authorizes appropriations. Removes provisions authorizing appropriations for NCI and the National Heart, Lung, and Blood Institute (NHLBI). Title VI: National Heart, Lung, and Blood Institute - Requires NHLBI to conduct intramural training and education. Authorizes development of three centers for basic and clinical research into, training in, and demonstration of, advanced diagnosis, prevention, and treatment for cardiovascular diseases in children. Authorizes appropriations for NHLBI. Title VII: National Institute on Diabetes and Digestive and Kidney Diseases - Establishes a program of conducting and supporting research, training, health information dissemination, and other activities regarding nutritional disorders, including obesity. Provides for the development or substantial expansion of centers for research and training. Title VIII: National Institute on Arthritis and Musculoskeletal and Skin Diseases - Removes provisions stating that the purpose of the National Institute on Arthritis and Musculoskeletal and Skin Diseases (NIAMSD) includes sports-related injuries. Requires NIAMSD to place emphasis on arthritis affecting children. Establishes a multipurpose arthritis and musculoskeletal disease center focusing on children. Modifies the composition of the National Arthritis Advisory Board and its annual report requirements. Title IX: National Institute on Aging - Transfers to the Public Health Service Act provisions of the Health Research Extension Act of 1985 authorizing a grant to develop a registry for epidemiological data on Alzheimer's disease and related data collection training. Removes the existing authorization of appropriations. Mandates research into the aging processes of women, with particular emphasis on menopause and into the diagnosis, disorders, and complications related to aging and loss of ovarian hormones. Authorizes appropriations for the National Institute on Aging. Title X: National Institute of Allergy and Infectious Diseases - Includes programs regarding tropical diseases in the purposes of the National Institute of Allergy and Infectious Diseases. Authorizes grants or contracts for centers to conduct basic and clinical research on chronic fatigue syndrome. Establishes an extramural study section for the syndrome. Title XI: National Institute of Child Health and Human Development - Subtitle A: Research Centers with Respect to Contraception and Research Centers with Respect to Infertility - Mandates grants or contracts for three centers to conduct activities to improve methods of contraception and two centers to conduct activities to improve methods of diagnosis and treatment of infertility. Authorizes appropriations. Establishes a program of agreements with health professionals, including graduate students, to conduct research on contraception or infertility in consideration of the Government repaying a limited amount of the educational loans of the professionals. Subtitle B: Program Regarding Obstetrics and Gynecology - Establishes in the National Institute of Child Health and Human Development (NICHHD) an intramural laboratory and clinical research program in obstetrics and gynecology. Subtitle C: Child Health Research Centers - Mandates development of and support for centers for conducting research on child health. Subtitle D: Study Regarding Adolescent Health - Mandates a longitudinal, large-scale study on the general health and well-being of adolescents in the United States. Allocates funding from amounts appropriated to NICHHD. Title XII: National Eye Institute - Authorizes not more than three grants for the establishment and support of centers for clinical research on eye care for individuals with diabetes. Allows grant funds to be used for equipment and for construction and modification of facilities. Title XIII: National Institute of Neurological Disorders and Stroke - Mandates the conduct and support of research on multiple sclerosis. Title XIV: National Institute of Environmental Health Sciences - Establishes the Applied Toxicological Research and Testing Program. Title XV: National Library of Medicine - Subtitle A: General Provisions - Directs the Secretary to promote the use of computers and telecommunications by health professionals. Increases the dollar limit on grants to medical libraries and related instrumentalities. Authorizes appropriations for the National Library of Medicine (NLM). Subtitle B: Financial Assistance - Mandates grants for research on, and development and demonstration of, new educational technologies. Requires recipient institutions to make grant projects available for: (1) training health professions students; and (2) enhancing the capabilities of health professionals regarding research and teaching. Authorizes appropriations to carry out provisions relating to medical libraries and related matters. Subtitle C: National Center for Biotechnology Information - Authorizes appropriations to carry out provisions relating to the National Center for Biotechnology Information. Subtitle D: National Information Center on Health Services Research and Health Care Technology - Establishes in NLM the National Information Center on Health Services Research and Health Care Technology to collect, analyze, and disseminate information on health services research and health care technology. Authorizes appropriations. Requires the Administrator of the existing information center on health care technologies and health care technology assessment and the NLM Director to enter into an agreement on the implementation of these provisions. Title XVI: Other Agencies of National Institutes of Health - Subtitle A: Division of Research Resources - Redesignates the Division of Research Resources as the National Center for Research Resources. Authorizes grants to alter existing or construct new research facilities. Establishes the Scientific and Technical Review Board on Biomedical and Behavioral Research Facilities to advise the Center director and the existing advisory council. Conditions grant approval on Board approval. Authorizes appropriations. Requires the NIH Director to reserve a specified sum from amounts appropriated under this authorization for grants and contracts to construct or improve regional centers for research on primates. Subtitle B: National Center for Nursing Research - Redesignates the National Center for Nursing Research as the National Institute for Nursing Research and adds the Institute to the list of NIH's national research institutes. Subtitle C: National Center for Human Genome Research - Adds the National Center for Human Genome Research to the list of NIH agencies. Declares the purpose of the Center to be to characterize the structure and function of the human genome, including the mapping and sequencing of individual genes. Title XVII: Awards and Training - Subtitle A: National Research Service Awards - Directs the Secretary to carry out provisions relating to National Research Service Awards in a manner that will recruit into biomedical or behavioral research, and provide research training to, women and individuals from disadvantaged backgrounds. Subtitle B: Acquired Immune Deficiency Syndrome - Modifies a program of agreements (under which certain health professionals conduct research regarding acquired immune deficiency syndrome (AIDS) as NIH employees in consideration of Government repayment of educational loans) to remove provisions requiring a minimum of three years as an NIH employee. Authorizes appropriations. Authorizes the Commissioner of Food and Drugs to carry out a similar program regarding the review of applications concerning AIDS. Subtitle C: Loan Repayment for Research Generally - Mandates a program of agreements with health professionals who have a substantial amount of educational loans relative to income and who meet other requirements to conduct research, as NIH employees, in consideration of Government repayment of a limited amount of the educational loans of the professionals. Authorizes appropriations. Subtitle D: Scholarship and Loan Repayment Programs Regarding Professional Skills Needed by Certain Agencies - Authorizes a program of contracts with individuals from disadvantaged backgrounds for scholarships for undergraduate programs for professions needed by NIH in consideration of service by the individuals as NIH employees. Authorizes a program of contracts with health professionals from disadvantaged backgrounds who have a substantial amount of educational loans relative to income to conduct clinical research as NIH employees in consideration of the Government repaying a limited amount of the educational loans of the professionals. Subtitle D: (SIC) Funding - Authorizes appropriations for making payments under National Research Service Awards and under grants for such Awards. Modifies set-aside amounts and requires a set-aside for provisions relating to residency programs in the general practice of dentistry. Title XVIII: National Foundation for Biomedical Research - Excludes from voting rights the ex officio members of the National Foundation for Biomedical Research. Authorizes appropriations. Title XIX: Research with Respect to Acquired Immune Deficiency Syndrome - Modifies the duties of the AIDS Clinical Research Review Committee, including requiring the Committee to: (1) give advice to other agencies of NIH as well as to the National Institute of Allergy and Infectious Diseases (NIAID); and (2) make recommendations on research projects regarding diagnosing immune deficiency and predicting, diagnosing, preventing, and treating opportunistic cancers and infectious diseases. States that the requirement that the clinical evaluation units at the National Cancer Institute and NIAID conduct evaluations of treatments for acquired immune deficiency syndrome (AIDS) includes evaluations of methods of: (1) diagnosing immune deficiency; and (2) predicting, diagnosing, preventing, and treating opportunistic cancers and infectious diseases. Modifies provisions relating to the support of international efforts to add to the purpose of grants, cooperative agreements, and contracts for such efforts provisions promoting and expediting: (1) international training; (2) research and training concerning the natural history and pathogenesis of the human immunodeficiency virus; and (3) the development and evaluation of vaccines and treatments for opportunistic infections. Authorizes appropriations for each fiscal year. Requires that model protocols (developed with grants under existing provisions) for the clinical care of individuals infected with the etiologic agent for AIDS include treatment and prevention of human immunodeficiency virus (HIV) infection and related conditions among women. Authorizes appropriations. Adds collection of data on the natural history of infection with the etiologic agent to the purposes of the epidemiological data base mandated by current provisions. Authorizes appropriations for each fiscal year. Requires the Director of NIH to develop and implement a comprehensive plan for the conduct and support of AIDS research by NIH agencies. Authorizes appropriations for each fiscal year for fellowship and training programs relating to AIDS under existing provisions. Title XX: Certain Authorities of Centers for Disease Control - Authorizes grants to States and local health departments for programs for specified activities relating to prostate cancer, including screening, public information, and improving professional training. Authorizes appropriations. Authorizes: (1) grants or contracts for population-based, statewide cancer registries; (2) grants for developing plans that meet the requirements of specified provisions; and (3) technical assistance to States, either directly or through grants and contracts. Mandates a study on the factors contributing to elevated breast cancer mortality rates in specified States. Authorizes appropriations. Requires a survey to determine which entities collect data on traumatic brain injuries and the nature of their data collection systems. Authorizes cooperation and assistance to establish traumatic brain injury as a specific reportable condition or disability. Authorizes appropriations. Title XXI: Studies - Mandates studies on: (1) the impact, with regard to acquired immune deficiency syndrome (AIDS), of parallel-track drug-release mechanisms on clinical research and on the activities of the Commissioner of Food and Drugs regarding drug approval; (2) third-party payor policies regarding payment of costs incident to the participation of individuals as subjects in AIDS drug clinical trials; and (3) whether AIDS advisory committees in NIH are being sufficiently coordinated. Requires a plan for the inclusion of HIV-infected women, infants, and children in HIV vaccine studies conducted by or through NIH. Authorizes appropriations. Mandates an annual report on the leading causes of death in the United States and related spending by the Department of Health and Human Services for research, prevention, and education. Requires three-year studies on: (1) nutrition screening and intervention regarding the elderly; and (2) the extent of malnutrition in hospitals, in long-term care facilities, and among those living independently. Establishes an advisory panel to oversee the studies. Mandates a report on the feasibility of developing a plan for the conduct of research at NIH on the prevention of traumatic injuries. Directs the Secretary to: (1) review existing data and research concerning whether there is a relationship between legal and illegal drug use; and (2) if necessary, conduct additional research. Mandates reports on: (1) research conducted or supported by NIH on chronic fatigue syndrome; (2) the appropriateness and impact of NIH assuming responsibility for the conduct of all Federal research, development, testing, and evaluation relating to medical countermeasures against biowarfare threat agents. Requires a study on the potential for, the prevalence of, and the issues related to the contamination of worker's homes with substances from their work places. Requires: (1) establishment of the Worker's Family Protection Task Force to take specified actions, including developing an investigative strategy for obtaining any needed additional data; and (2) each Federal department or agency to fulfill the role assigned by the strategy. Authorizes appropriations. Mandates studies: (1) of the retention, recruitment, vacancy and turnover rates of NIH support staff, including fire fighters, law enforcement, procurement officers, technicians, nurses, and clerical employees; and (2) to develop a streamlined procurement system for NIH. Title XXII: Miscellaneous Provisions - Redesignates the Senior Biomedical Research Service as the Silvio Conte Senior Biomedical Research Service and increases the limit on the number of its members. Renames the AIDS Clinical Research Review Committee as the AIDS Research Advisory Committee. Prohibits the Secretary from conducting or supporting the SHARP survey of adult sexual behavior. Requires that a report on carcinogens be submitted biennially (currently, annually). Mandates a report analyzing the report of the National Committee on Sleep Disorders Research and presenting a plan for the conduct and support of sleep disorders research at NIH. Mandates presentation to the Congress of a master plan to provide for the replacement or refurbishment of less than adequate buildings, utility equipment and distribution systems, roads, walkways, parking areas, and grounds of NIH laboratory and clinical facilities. Allows the plan to make recommendations for the undertaking of new projects consistent with the objectives of these provisions. Title XXIII: Effective Date - Sets forth the effective date of this Act.
United States · United States Congress · 23 June 1992
Urban Entrepreneurial Opportunities Act - Amends the Internal Revenue Code to allow a deduction for equity contributions made by a corporation to an urban entrepreneurial opportunity financing subsidiary of such corporation. Requires the subsidiary to use such contribution in making qualified enterprise zone business loans to qualified small business concerns. Establishes an overall program limitation among the contributing corporations to be allocated by the Secretary of Housing and Urban Development.
United States · United States Congress · 18 June 1992
Directs the National World War II Memorial Fund, Inc., to construct a memorial on Federal land in the District of Columbia or its environs to: (1) honor members of the armed forces who served in World War II; and (2) commemorate U.S. participation in that conflict. Directs the fund to plan, design, and oversee the construction of the Memorial. Establishes the World War II Memorial Advisory Board to: (1) promote and encourage the donation of private funds for the construction of the Memorial; and (2) recommend the site for and assist in the selection of the design of the Memorial. Terminates the Board within 30 days after completion of the Memorial or on the lapse of the authority provided by this Act. Authorizes the Fund to solicit and accept private contributions for construction of the Memorial. States that the requirements and authority of this Act shall lapse if: (1) construction of the Memorial is not commenced within seven years of its enactment; or (2) before such construction, the Secretary of the Interior certifies that funds are not available in an amount sufficient to ensure its completion.
United States · United States Congress · 17 June 1992
Calls upon the President to urge the United Nations Security Council to direct the Secretary General of the United Nations to provide a plan and budget for intervention as may be necessary to enforce the Security Council resolutions seeking cessation of hostilities in the former republics of Yugoslavia.
United States · United States Congress · 9 June 1992
Declares that the Congress acknowledges and appreciates the commitment, devotion, and sacrifices of present and former military families. Designates November 23, 1992, as National Military Families Recognition Day.
United States · United States Congress · 4 June 1992
Action Now Health Care Reform Act of 1992 - Title I: Improved Access to Affordable Health Care Coverage - Subtitle A: Increased Affordability and Availability for Employees - Directs the Secretary of Health and Human Services (the Secretary) to request the National Association of Insurance Commissioners (the NAIC) to develop model regulations requiring each carrier that makes available in a State any small employer health benefit plan to make available to each small employer in the State a MedAccess basic plan and a MedAccess standard. Directs the Secretary to develop such regulations, if the NAIC does not. Defines MedAccess plan as a health benefits plan that: (1) provides benefits typical of the benefits offered in the small employer health coverage market or provides only benefits for essential preventive and medical services and has an average actuarial value not exceeding 60 percent of the average actuarial value of the typical benefits offered in the small employer health coverage market; (2) accepts every small employer in the State applying for coverage and accepts for enrollment every eligible individual (defined as an individual who is a full-time employee and, if family coverage is offered, covers the employee's spouse and dependents under age 19 or under age 25 for students); and (3) meets consumer protection standards established by this Act relating to limitation of pre-existing condition clauses, continuity of coverage, renewability, and premium limitations. Prohibits the imposition, by a carrier, of a limitation of benefits based on the fact a condition pre-existed the effectiveness of the policy if: (1) the condition relates to a condition not diagnosed within three months before coverage under the plan; (2) the limitation extends beyond six months after coverage under the plan; (3) the limitation applies to an individual who, as of date of birth, was covered under the plan; and (4) the limitation relates to pregnancy. Requires continuous coverage. Prohibits cancellation of a plan or denial of coverage unless there is: (1) nonpayment of premiums; (2) fraud; (3) noncompliance with plan provisions; (4) failure to maintain the required number of enrollees; (5) misuse of a provider network provision; or (6) a cessation by the carrier of the provision of any plan in a State. Amends the Internal Revenue Code to impose an excise tax which shall be paid by the carrier on the failure of a carrier or an employer health benefit plan to comply with the provisions of the Act. Directs the Secretary to request the NAIC to develop models for reinsurance or allocation of risk mechanisms for individuals and small employers who are enrolled under a small employer health benefit plan that meets the consumer protection standards and for whom a carrier is at risk of incurring high costs under the plan. Requires each State to establish and fund one or more reinsurance or allocation or allocation of risk mechanisms that are consistent with a model. Directs the Secretary to develop models, if the NAIC does not. Permits a State, in order to insure the financial solvency of the mechanism, to impose charges on any entity providing employee-related health benefits, so long as such charges do not discriminate with respect to entities that would not be subject to such charges. Directs the Secretary to establish a reinsurance or allocation of risk mechanism, if a State does not. Imposes an excise tax which shall be paid by the carrier on the providing of any health benefit plan which covers any employee in a Federal reinsurance State. Permits either a State or the Secretary (in a Federal reinsurance State) to require each employer health benefit plan to: (1) be registered; and (2) provide such information as is necessary for the reinsurance or allocation of risk mechanisms. Directs the Secretary to: (1) establish an Office of Private Health Coverage to be headed by a Director appointed by the Secretary; and (2) provide for the appointment of an advisory committee to advise the Director. Permits the Director to research the impact of this subtitle and conduct related demonstration projects. Requires the Director to develop: (1) methods of measuring, in terms of the expected costs of providing benefits under small employer health benefit plans and, in particular, MedAccess plans, the relative health risks of eligible individuals; and (2) a model for equitably distributing health risks among carriers in the small employer health care coverage market. Authorizes appropriations for the purposes of this paragraph. Subtitle B: Improved Small Employer Purchasing Power of Affordable Health Insurance - Preempts from insurance mandates a qualified small employer purchasing group, if the group consists of employers with not more than 100 employees, the group consists of not fewer than 100 employers, and the health benefit plans with respect to the employer members are in compliance with applicable State laws relating to health benefit plans. Subtitle C: Health Deduction Fairness - Amends the Internal Revenue Code to make permanent and increase from 25 to 100 percent the health insurance tax deduction for the self-employed. Subtitle D: Improved Access to Community Health Services - Directs the Secretary to provide for a program of grants to migrant and community health centers receiving grants or contracts under provisions of the Public Health Service Act in order to promote the provision of primary health care services for underserved individuals. Authorizes appropriations. Amends the Public Health Service Act to deem as an employee of the Public Health Service, for purposes of civil actions against commissioned officers or employees, any officer, employee, or contractor who is a physician or other licensed health care practitioner while performing functions for an entity receiving Federal funds under provisions of the Public Health Service Act. Requires an entity, in order to receive a grant under such provisions, to implement certain policies to assure against malpractice. Requires: (1) the Attorney General to estimate the amount of all claims expected, during each year, to arise against such an entity from acts of officers or employees; (2) the Secretary to withhold from grants to such entities the amount estimated; and (3) the withheld amount to be transferred to the Treasury to pay judgments against the United States arising from such claims. Directs the Secretary to make grants to public and nonprofit private entities to carry out demonstration projects for the purpose of increasing access to outpatient primary health services in geographic areas with a: (1) population of not more than 500,000 individuals; (2) shortage of personal health services; and (3) significant number of low-income or underinsured individuals. Sets forth requirements for receiving such grants. Authorizes appropriations. Subtitle E: Improved Access to Rural Health Services - Retitles title XII of the Public Health Service Act "Emergency Medical Services" (formerly, "Trauma Care") and directs the Secretary to establish the Office of Emergency Medical Services which shall, with respect to emergency medical services (including trauma care): (1) conduct research; (2) sponsor workshops; (3) assist States; and (4) coordinate activities. Authorizes the Secretary to make grants to States for the purposes of improving the availability and quality of emergency medical services through the operation of State offices of emergency medical services. Sets forth matching fund requirements. Provides for demonstration projects to establish telecommunications between rural medical facilities and other medical facilities that have equipment that can be utilized through telecommunications. Authorizes appropriations for purposes of the programs of this paragraph. Directs the Secretary to make grants to States to assist in the creation or enhancement of air medical transport systems that provide victims of medical emergencies in rural areas access to treatments for the injuries or other conditions arising from such emergencies. Sets forth requirements for grant applications. Authorizes appropriations. Amends title XVIII (Medicare) of the Social Security Act to extend for one year special treatment rules for Medicare-dependent small rural hospitals. Title II: Health Care Cost Containment and Quality Enhancement - Subtitle A: Medical Malpractice Liability Reform - Prohibits bringing a medical malpractice claim: (1) more than two years after the alleged injury should reasonably have been discovered and in no event more than four years after the alleged injury occurred; and (2) in any State court unless there has been an initial resolution through a certified alternative dispute resolution system (ADR). Requires the use of ADR in a Federal medical malpractice liability claim. Requires a pre-trial settlement conference in any medical malpractice liability action. Sets limits on: (1) noneconomic damages; (2) punitive damages; and (3) attorney's fees. Requires offsets for damages paid by a collateral source. Requires liability in a medical malpractice action to be several and not joint. Provides a complete defense to any allegation of negligence in a medical malpractice liability action to any defendant who followed the appropriate practice guideline. Prohibits finding a defendant guilty in a medical malpractice liability action relating to services provided during labor or delivery of a baby if the defendant did not previously treat the plaintiff during the pregnancy, unless the malpractice is proven by clear and convincing evidence. Directs the Secretary to determine whether a States' ADR meets ADR system requirements established by this Act. Establishes such requirements. Amends title XI (General Provisions and Professional Standards Review) of the Social Security Act to earmark funds for sanctioning practice guidelines for purposes of an affirmative defense in medical malpractice liability actions. Permits a State agency responsible for the conduct of disciplinary actions for a type of health care practitioner to enter into agreements with State or county professional societies for such type of health care practitioner to permit such societies to participate in the licensing of such health care practitioner and to review health care malpractice allegations. Requires each State to require each health care professional and provider to participate in a risk management program to prevent and provide early warning of practices which may result in injuries to patients or which otherwise endanger patient safety. Directs the Secretary to make grants for the conduct of basic research in the prevention of and compensation for injuries resulting from health care professional or health care provider malpractice, and research of the outcomes of health care procedures. Authorizes appropriations. Directs the Secretary to study the factors discouraging physicians from volunteering to provide health care services in medically underserved areas. Subtitle B: Administrative Cost Savings - Directs the Secretary to adopt standards relating to each of the following: (1) data elements for use in claims processing under health benefits plans; (2) uniform claim forms; and (3) uniform electronic transmission of the data elements. Authorizes the Secretary to require providers to submit claims to health benefit plans in accordance with such standards. Provides for periodic review of the standards. States that the term "health benefit plan," in this subtitle, includes the Medicare and Medicaid programs (titles XVIII and XIX of the Social Security Act). Requires the Secretary to promulgate standards for hospitals concerning electronic medical data. Permits the Secretary to promulgate standards concerning electronic medical data for providers that are not hospitals. Requires hospitals, in order to participate in Medicare, to: (1) maintain clinical data in a set of comprehensive data elements in electronic form on all patients; and (2) upon the Secretary's request, transmit electronically the data set and any data from such set. Provides for electronic transmission to Federal agencies. Prohibits a health benefit plan, if standards with respect to data elements are promulgated with respect to a class of provider, from requiring for the purpose of utilization review or as a condition of providing benefits under the plan that a provider in the class: (1) provide any data element not in the set of comprehensive data elements; or (2) transmit or present any such data element in a manner inconsistent with applicable standards. Directs the Secretary to establish an advisory commission of hospital executive and data base managers, physicians, health services researchers, and technical experts in the collection and use of data and operation of data systems. Authorizes appropriations for such commission. Requires the Secretary, in order to assure the availability of comparative value information to purchasers of health care in each State, to determine whether each State is developing and implementing a health care value information program that meets stated criteria. Permits grants to a State for the development of its health care value information program. Authorizes appropriations for such grants. Requires the head of each Federal agency with responsibility for the provision of health insurance or health care services to individuals to promptly develop health care value information relating to each program that such head administers. Directs the Secretary to develop model systems to facilitate: (1) the gathering of data on health care cost, quality, and outcome; and (2) analyzing such data to permit the valid comparison of such data. Authorizes appropriations for the development of such model systems. Directs the Secretary to adopt standards relating to the design and use of magnetized Medicare identification cards for the purpose of assisting health care providers in determining eligibility and billing. Authorizes appropriations. Nullifies any State law requiring that medical or health insurance records be maintained in written rather than electronic form. Requires each health benefit plan: (1) for each of its beneficiaries that has a social security number, to use that number as an identification number for claims processing; and (2) for each provider that has a unique identifier for Medicare purposes, to use that identifier for claims processing. Requires the Secretary to determine whether problems relating to the rules for determining liability when benefits are payable under two or more plans or the availability of information among such plans causes significant administrative problems, and if so, directs the Secretary to promulgate standards concerning liability and the transfer of information among plans. Directs the Secretary to provide grants to qualified entities to demonstrate the application of comprehensive information systems in continuously monitoring patient care and in improving patient care. Authorizes appropriations from the Federal Hospital Insurance Trust Fund. Subtitle C: Medical Savings Accounts (Medisave) - Amends the Internal Revenue Code to exclude from the gross income of an employee any amount contributed by the employer to a medical savings account pursuant to a qualified medical savings account plan. Sets contribution limits. Defines a "medical savings account" as a trust created exclusively for purpose of paying an individual's medical expenses. Permits expenses from such account only to the extent such amounts are not compensated for by insurance. Subjects the employee to taxation as owner of the account. Subtitle D: Medicaid Program Flexibility - Amends title XIX (Medicaid) of the Social Security Act to modify Medicaid contracting requirements for coordinated care services. Authorizes the Secretary to waive specified Medicaid requirements with respect to nursing facilities located in a State if the State provides assurances satisfactory to the Secretary that the waiver of such requirements will not adversely affect the quality of life of the residents in such facilities. Subtitle E: Limitations on Physician Self-Referrals - Amends title XVIII (Medicare) of the Social Security Act to extend physician self-referral limitations to all payors as well as to certain additional services. Revises exceptions. Requires the Secretary to conduct a study in order to estimate the changes in aggregate costs for designated health services, under the Medicare program and other health plans, which will result from the implementation of the amendments made by this subtitle. Subtitle F: Removing Restrictions on Managed Care - Preempts managed care restrictions under State law. Requires the Comptroller General to conduct a study of the benefits and cost effectiveness of the use of managed care in the delivery of health services. Subtitle G: Medicare Payment Changes - Amends the Medicare program to make revisions in the methodology for determining updates to Medicare hospital payments. Provides for a reduction in Medicare payment for clinical diagnostic laboratory tests. Subtitle H: Modification of the Operation of the Antitrust Laws to Hospitals - Permits two or more hospitals, without violating the antitrust laws, to share expensive medical services or high technology equipment. Directs the Secretary to grant waivers to exempt hospitals from the antitrust laws in order to carry out agreements permitting such sharing. Sets forth reporting requirements. Subtitle I: Encouraging Enforcement Activities of Medical Self-Regulatory Entities - Prohibits damages, interest on damages, costs, or attorney's fees from being recovered under the Clayton Act or any similar State law from any medical self-regulatory entity as a result of engaging in standard setting or enforcement activities designed to promote the quality of health care provided to patients.
United States · United States Congress · 9 April 1992
Amends the Federal criminal code to require forfeiture of any property used in or derived from a Federal health care offense (defined as an offense under provisions relating to money laundering, racketeer influenced and corrupt organizations, or mail fraud involving: (1) fraudulent or false billing for a medical product, service, or test; (2) inflated cost; (3) unnecessary patient admission; or (4) kickbacks). Amends Federal law relating to the Attorney General to establish in the Treasury the Health Care Fraud Forfeiture Fund. Makes the Fund available in the same manner as the Department of Justice Forfeiture Fund, to be used solely for the benefit of activities relating to Federal health care offenses. Deposits in the Fund all property forfeited by reason of a Federal health care offense.
United States · United States Congress · 8 April 1992
Designates October 24 through November 1, 1992, as National Red Ribbon Week for a Drug Free America. Recognize the hard work and dedication of those involved in combatting substance abuse.
United States · United States Congress · 3 April 1992
Title I: Chief Financial Officer, General Counsel, and Certain Other Reforms - Subtitle A: Chief Financial Officer Amendments to the Rules of the House and Related Provisions - Amends rule II of the Rules of the House of Representatives to eliminate the election of a Doorkeeper or Postmaster in the House. Requires the individual chosen for election as the Sergeant-at-Arms to be a nationally-respected law enforcement professional. Amends rules III and IV to revise the duties of the Clerk of the House and the Sergeant-at-Arms. Amends rules V and VI to: (1) eliminate the positions of Doorkeeper and Postmaster; and (2) create a position of Chief Financial Officer. Sets forth qualifications for the elected Chief Financial Officer. Outlines his or her duties. Prohibits the Chief Financial Officer from disclosing the identity of a complaining employee without the employee's consent unless such disclosure is unavoidable. Makes any intimidation of, or reprisal against, an employee of the House by an employing authority because of a complaint made by the employee a violation of rule LI. Transfers the duties of the Postmaster of the House to the Chief Financial Officer. Amends rule XIV to eliminate the duties of the Doorkeeper with respect to decorum and debate in the House. Amends rule XI to require each committee, by March 1 of the first session of any Congress, to adopt an oversight plan for that Congress and to submit it to the Committee on House Administration. Prohibits the consideration in the House of a primary expense resolution for a committee unless and until such committee has adopted and submitted the plan. Requires the Committee on House Administration to report such plan to the House. Authorizes the Speaker to appoint ad hoc oversight committees for specific tasks from the membership of committees with shared legislative jurisdictions. Requires each committee to include an oversight section in its final activity report at the end of a Congress. Amends rule X to require one-half of the members of the Committee on House Administration to be from the majority party and one-half to be from the minority. Allows the chairman or ranking minority party member of the Committee on House Administration to authorize and issue subpoenas. Requires the membership of the Subcommittee on Legislative Appropriations of the Committee on Appropriations to be divided equally between the majority and minority parties. Divides the staff positions for the subcommittee in the same manner. Directs the Speaker to appoint a task force to: (1) recommend institutional reforms necessary to restore public confidence in the House; and (2) report on its recommendations to the House by the end of the 102d Congress. Requires the written approval of the Speaker and the minority leader of the House before funds may be reprogrammed or transferred between House appropriation accounts. Makes it out of order to consider any measure in the House, in the second session of the 102d Congress, containing an appropriation for any period after March 31, 1993. Directs the Speaker, upon the recommendation of the majority and minority leader, acting jointly, to appoint an Inspector General for the House. Subtitle B: Office of the General Counsel - Establishes the Office of the General Counsel (Office) in the House to: (1) be accountable to a specified Leadership Group; and (2) provide legal assistance to Members, officers, and employees of the House on matters directly related to their duties, with specified exceptions. Lists certain actions of the Office that must be approved either by a resolution of the House or the Leadership Group. Requires such Office, in the case of any matter that affects an area of responsibility committed to another office, officer, or employee under this Act, to consult the party involved and coordinate such action with them. Vests management, supervision, and administration of the Office in the General Counsel to be appointed by the Speaker, upon the recommendation of the majority and minority leaders of the House, acting jointly, without regard for political affiliation and solely on the basis of fitness to perform the duties of the position. Requires the General Counsel to serve at the pleasure of the Leadership Group. Authorizes the General Counsel to make appropriate expenditures for the functioning of the Office. Requires the attorneys and professional staff in the Office to maintain regular, written records of the time expended on legal matters, consistent with generally accepted practices in private law firms. Makes such time records reviewable by the Leadership Group. Prohibits public disclosure of them unless by direction of the Leadership Group or resolution of the House. Title II: Legislative Process Reforms - Amends rule I of the Rules of the House of Representatives to require the Speaker to announce a specified legislative program at the beginning of each session of the Congress. Requires the Speaker to ensure that the minority leader is fully consulted in developing the legislative program for the House each week. Directs the Speaker to state the question on reconsideration of a bill, immediately after its return from the President, without an intervening motion. Requires the House to proceed to vote on the reconsideration of such measure. Amends rule X to require the Speaker to refer legislation initially to one committee as the committee of principal jurisdiction (currently, such legislation may initially be referred simultaneously to two or more committees for concurrent consideration). Requires a bill originating in the House to be presented to the President by the tenth calendar day after it has passed the House and the Senate in identical form. Requires the membership of each committee (except the Committee on Standards of Official Conduct), subcommittee, task force, or other subunit, to reflect the ratio of majority to minority party Members of the House at the beginning of the Congress. Exempts the Resident Commissioner from Puerto Rico and the Delegates to the House from the count in determining such party ratio. Requires the membership of each select committee, subcommittee, task force, subunit, or conference committee to reflect the ratio of the majority to minority party Members of the House at the time of its appointment. Prohibits any standing committee of the House (except the Committee on Appropriations) from establishing more than six subcommittees. Prevents any member from serving on more than four House subcommittees at any one time. Amends rule XI to repeal the general permission, subject to certain conditions, for proxy voting by a member of any committee or subcommittee with respect to any measure or matter. Allows committees and subcommittees to close their meetings in circumstances where disclosure of matters to be considered would: (1) endanger national security; (2) tend to defame, degrade, or incriminate any person; (3) violate any law or rule of the House; or (4) involve committee personnel matters. Provides that a majority of the members of each committee or subcommittee shall constitute a quorum for the transaction of any business, including the markup of legislation (currently, all committees but the Committees on Appropriations, Budget, and Ways and Means are permitted to fix the number establishing quorum). Requires the names of those Members voting for and against any motion to report a public bill or resolution to be included in the committee report of such measure (currently, only the number of votes cast for or against reporting such measure is included). Requires the names of those members of the committees actually present at the time the bill or resolution is ordered reported to be included in the committee report relating to each nonrecord vote on a motion to report such public bill or resolution. Requires that a committee or subcommittee print, document, or other material, except under certain circumstances, prepared for public distribution, shall either: (1) be approved by the committee or subcommittee prior to such public distribution, with opportunity afforded for the inclusion of supplemental, minority, or additional views; or (2) contain a specified disclaimer on its cover. Prohibits any such print, document, or other material not approved by the committee or subcommittee from including the names of its members, other than the name of the chairman releasing such document. Lists material excepted from such requirements. Prohibits a measure reported from the Committee on Rules from being considered on the same calendar day it is presented to the House, nor on the subsequent calendar day of the same legislative day, except in certain circumstances. (Currently it can not be considered on the same day.) Prohibits the Committee on Rules from reporting any rule or order that would prevent a motion to recommit that has amendatory instructions (except in the case of a Senate measure for which the language of a House passed measure has been substituted). Prohibits the consideration of any rule providing for the consideration of a bill or resolution otherwise subject to amendment under House rules if such resolution limits the right of Members to offer germane amendments to such measure, unless the chairman of the Rules Committee has announced, within a specified period of time, that less than an open amendment process might be recommended by the Committee for the consideration of such measure. Makes it out of order to consider any order of business resolution which provides that, upon adoption, the House shall be considered to have automatically adopted a motion, amendment, or resolution, or to have passed a bill, joint resolution, or conference report, unless consideration of such resolution is agreed to by at least two-thirds of the Members voting. Requires any report accompanying a resolution for consideration of a budget waiver measure to include: (1) an explanation and justification for the waiver; (2) an estimated cost of the provisions to which the waiver applies; and (3) a summary or text of any written comments on the waiver received by the committee from the Committee on the Budget. Sets forth procedures for the consideration of such resolution. Prohibits the consideration of a resolution that waives all House rules, except by a two-thirds vote of the Members voting. Makes it out of order to consider any primary expense resolution unless the Committee on House Administration has reported and the House has adopted a resolution establishing an overall ceiling for House committee staff personnel for that year. Makes such a resolution privileged. Establishes guidelines for developing and considering primary and supplemental expense resolutions. Provides that the overall ceiling for committee staff in a resolution reported by the committee or contained in any amendment for the 103d Congress shall not exceed 50 percent of the total committee staff personnel employed at the end of the 102d Congress. Amends rule XIII of the Rules of the House of Representatives to establish a Commemorative Calendar comprised of unreported bills and resolutions respecting commemorative holidays and celebrations that have been: (1) referred to the Committee on Post Office and Civil Service; and (2) requested by the chairman and ranking minority member of such committee to be placed on such calendar. Outlines procedures for the consideration of such measures. Amends rules XV of the Rules of the House of Representatives to provide for an automatic roll call vote when the Speaker puts the question upon final passage of: (1) any bill, joint resolution, or conference report making general appropriations, providing revenue, or adjusting the statutory congressional pay rate; or (2) any budgetary concurrent resolution or conference report that provides an increase in the statutory debt limit. Amends rule XXI of the Rules of the House of Representatives to repeal the declaration that no amendment shall be in order during consideration of a general appropriation bill if it proposes a limitation not specifically contained or authorized in existing law for the period of such limitations. Defines a "general appropriation bill" to include any bill or joint resolution making continuing appropriations in a fiscal year for a period in excess of 30 days. Describes the contents of such bill. Reserves all points of order against any general appropriation bill at the time it is reported. Prohibits the consideration of any bill or joint resolution making appropriations for a period of 30 days or less unless it only provides appropriations in the lesser amount and under the more restrictive authority of each pertinent appropriations measure: (1) as passed by the House; (2) as passed by the Senate; (3) as agreed to by a committee of conference; or (4) as enacted for the preceding fiscal year. Requires a report from the Committee on Appropriations accompanying any appropriation bill to list all appropriations contained in the bill for any expenditure not previously authorized by law. Requires a three-fifths vote of the Members of the whole House to consider any rule or order from the Rules Committee that waives certain rules governing consideration of any short- or long-term continuing appropriations measures. Amends rule XXI to establish certain guidelines for reporting and considering reconciliation measures in the House. Exempts Senate amendments and conference reports from such guidelines. Reserves all points of order against a reconciliation bill at the time it is reported. Prohibits the consideration in the House of any bill or joint resolution which directly or indirectly authorizes enactment of new budget authority for a fiscal year unless such measure is reported in the House on or before May 15 preceding the beginning of such fiscal year. Amends rule XXIV of the rules of the House of Representatives to revise the daily order of business for the House to include the pledge of allegiance to the flag. Amends rule XXVII to establish additional criteria for entertaining motions to suspend the rules and pass a measure in the House. Requires the Clerk of the House, after 100 Members have signed a motion to discharge a committee from the consideration of a measure, to: (1) cause the name of each Member who has signed or withdrawn a signature to such motion to be printed in the Congressional Record; and (2) publish an updated list in the Record at the end of each succeeding week the House is in session. Amends rule XXVIII to require inclusion of supplemental, minority, or additional views of a House conferee in the same published volume of the conference committee's report, if specified conditions are met. Amends rule XLVIII to require a specified oath to be administered to: (1) a newly appointed Member of the Permanent Select Committee on Intelligence; (2) each committee's employee; and (3) any person engaged by contract or to perform services for or at the request of the committee who is required to subscribe to the agreement in writing. Requires the Clerk of the House to provide for the printing of such oaths for: (1) filing in the records of the House; and (2) recording in the House Journal and in the Congressional Record. Directs the Committee on Standards of Official Conduct to investigate and report to the House on any violation of such oath. Authorizes the Permanent Select Committee on Intelligence to refer cases of unauthorized disclosure and violations of the required oaths to such committee for investigation. Authorizes the committee by a majority vote to deny a member access to classified information if he or she is subject to a pending investigation. Directs the House Committees on Rules and on Government Operations by a certain date to report legislation granting the President enhanced rescission authority with respect to any budget authority not authorized by law. Sets forth procedures for considering such legislation if it is not reported out of such committees by the stated deadline. Directs the Committee on Rules to study and report to the House on the feasibility of converting to a biennial budget-appropriations process and corresponding multiyear authorizations. Declares that it is the policy of the House of Representatives that the following Federal laws should be amended to apply them to the House in the same or similar manner as they apply to the Executive Branch: (1) the National Labor Relations Act; (2) the Occupational Safety and Health Act of 1970; (3) the Equal Pay Act of 1963; (4) the Age Discrimination in Employment Act of 1967; (5) the Freedom of Information Act; (6) the Privacy Act of 1974; (7) Title VII of the Civil Rights Act of 1964; and (8) specified provisions of the Federal judicial code relating to an independent counsel. Directs the standing committees of the House with subject jurisdiction over such Federal laws to report legislation to the House to implement such policy. Provides for consideration of such legislation. Requires the ratio of majority party to minority party staff positions, consultants, details, and funding for House committees to be the same ratio as that of Members of the House. Eliminates the following Select Committees in the House: (1) Aging; (2) Hunger; (3) Children, Youth, and Families; and (4) Narcotics Abuse and Control. Transfers the records, files, and materials of such select committees to the Clerk of the House. Applies the Freedom of Information Act to the Congress. Exempts information related to casework or constituent correspondence from such Act with respect to Members of the Congress. Provides that the period for which expenses of the former Speakers of the House may be paid shall end three years after the expiration date of such term of office, except that in the case of a former Speaker who is receiving such expenses on the date of the enactment of this Act, the period shall end three years after such date. Amends Federal law to prohibit a Member of the House from sending any franked mass mailing outside the Member's congressional district. Authorizes a Member of Congress to mail franked mail with a simplified form of address for delivery within his or her congressional district or State only. (Current law permits such mailings in areas proposed to become a part of such Member's congressional district by legislative or judicial proceedings but not in effect.) Prohibits the Committee on House Administration from approving any payment for, and a Member from making any expenditure from, any allowance of the House or any other official funds if any portion is for any cost related to a mass mailing by a Member of the House outside his or her congressional district. Amends the Federal Salary Act of 1967 to make it out of order to consider any bill or resolution that would adjust, or have the effect of adjusting, the salaries of Members of Congress if such measure contains any item which does not relate to adjusting Members' salaries. Prohibits consideration of any measure in the House appropriating amounts for the legislative branch of the Government if it permits such amount to remain available for obligation beyond the end of the fiscal year for which the amount is appropriated. Requires at least one attorney in the Office of the Parliamentarian in the House to be appointed upon the recommendation of the minority leader. Permits the chairman of the Committee on Standards of Official Conduct to serve for the first session of a Congress only. Requires the House to elect a member of such committee to serve as chairman from nominations submitted by the minority party caucus or conference, at the beginning of a second session of a Congress. Provides that in adopting the Rules of the House of Representatives in the 103d Congress and any subsequent Congress, each rule shall be agreed to by separate resolution of the House.
United States · United States Congress · 18 March 1992
Nuclear Reactor Licensing Act of 1992 - Amends the Atomic Energy Act of 1954 to prescribe guidelines for: (1) issuance by the Nuclear Regulatory Commission of nuclear reactor combined construction and operating licenses; and (2) post-construction hearings on such licenses. Provides for judicial review of final Commission orders affecting such licenses.
United States · United States Congress · 27 February 1992
National Beverage Container Reuse and Recycling Act of 1992 - Amends the Solid Waste Disposal Act to prohibit the sale of beer, mineral water, soda water, wine coolers, or carbonated soft drinks in beverage containers by retailers and distributors unless such containers carry a refund value of ten cents. Requires distributors to collect from retailers the refund value for each beverage sold to such retailers. Directs retailers to collect from consumers the refund value for each beverage sold to such consumers. Requires retailers and distributors to pay the refund on returned containers of brands (in the same kind and size of container) sold by such retailers or distributors. Directs distributors to pay annually to a State unclaimed refund amounts (the amount by which the total refund value of all containers sold by such distributors exceeds the amount paid by distributors to persons in that State). Makes unclaimed refunds available to a State for carrying out pollution prevention and recycling programs. Prohibits distributors and retailers from: (1) selling beverages in metal beverage containers with detachable openings; and (2) disposing of containers subject to this Act or any metal, glass, or plastic from such containers (other than the top or seal) in landfills or solid waste disposal facilities. Makes this Act inapplicable to States that have adopted requirements identical to those under this Act or that have demonstrated achievement of a recycling or reuse rate for beverage containers of at least 70 percent. Makes States that fail to maintain such rate for a consecutive 12-month period subject to this Act's requirements. Prohibits States or political subdivisions that impose taxes on the sale of beverage containers from imposing any tax on the amount attributable to the refund value of such containers. Requires the Administrator of the Environmental Protection Agency to promulgate regulations to provide for the adjustment for inflation of the ten-cent refund amount at ten-year intervals. Prescribes civil penalties for violations of this Act.
![Official portrait of Rep. Pursell, Carl D. [R-MI-2]](https://www.congress.gov/img/member/p000574_200.jpg)