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
Permits certain veterans with service-connected disabilities who are retired members of the uniformed services to receive compensation concurrently with retired pay, without deduction from either.
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
TABLE OF CONTENTS: Title I: Improved Access to Affordable Health Care Coverage Subtitle A: Increased Affordability and Availability for Employees Subtitle B: Improved Small Employer Purchasing Power of Affordable Health Insurance Subtitle C: Health Deduction Fairness Subtitle D: Improved Access to Community Health Services Subtitle E: Improved Access to Rural Health Services Title II: Health Care Cost Containment and Quality Enhancement Subtitle A: Medical Malpractice Liability Reform Subtitle B: Administrative Cost Savings Subtitle C: Medical Savings Accounts (Medisave) Subtitle D: Medicaid Program Flexibility Subtitle E: Limitations on Physician Self-Referrals Subtitle F: Removing Restrictions on Managed Care Subtitle G: Medicare Payment Changes Subtitle H: Limitation of Antitrust Recovery for Certain Hospital Joint Ventures Subtitle I: Encouraging Enforcement Activities of Medical Self-Regulatory Entities Action Now Health Care Reform Act of 1993 - Title I: Improved Access to Affordable Health Care Coverage - (Sec. 102) Preempts inconsistent State laws. (Sec. 103) Requires small employer health insurance carriers to offer a MedAccess basic plan (providing only benefits for essential preventive and medical services and having an actuarial value not over 60 percent of a MedAccess standard plan) and a MedAccess standard plan (providing benefits typical of the small employer market). Amends the Internal Revenue Code (IRC) to tax the failure of a carrier or plan to comply with related standards. Mandates: (1) acceptance of every small employer and full-time employee; or (2) in States that so provide, allocation of risk. (Sec. 104) Regulates pre-existing condition requirements, premiums, rating practices disclosure, minimum participation requirements, and renewability. (Sec. 108) Mandates development of models for reinsurance or allocation of risk mechanisms. Requires State (or Federal) establishment of at least one mechanism in each State. Amends the IRC to impose a tax in any such Federal reinsurance State. (Sec. 110) Establishes the Office of Private Health Care Coverage and a related advisory committee. (Sec. 111) Authorizes research and demonstration projects on the impact of these provisions on the availability of affordable small employer coverage. Requires: (1) methods for measuring the relative health risks of eligible individuals; and (2) a model for equitably distributing health risks among small employer carriers. Authorizes appropriations. (Sec. 121) Preempts State laws: (1) requiring the offering of health plans providing certain services; and (2) prohibiting employer groups from purchasing health insurance. (Sec. 131) Amends the IRC to increase and make permanent deductions for the health insurance costs of self-employed individuals. (Sec. 141) Amends the Public Health Service Act (PHSA) to provide for grants to: (1) migrant and community health centers and to entities providing health services for the homeless to promote primary health services for underserved individuals; and (2) increase access to outpatient primary services in certain geographic areas. Authorizes appropriations. (Sec. 171) Changes the heading of title XII (Trauma Care) of the PHSA to "Emergency Medical Services" and makes similar changes to references within the title. (Sec. 172) Authorizes grants to States for State offices of emergency medical services. (Sec. 173) Requires projects under existing provisions to include demonstrations on telecommunications between rural medical facilities and other medical facilities with useful expertise or equipment. (Sec. 174) Authorizes appropriations to carry out specified provisions of title XII. (Sec. 181) Mandates grants to States for rural air medical transport systems. Authorizes appropriations. (Sec. 191) Amends title XVIII (Medicare) of the Social Security Act to extend special payments for the inpatient services of small, rural Medicare-dependent hospitals. Title II: Health Care Cost Containment and Quality Enhancement - (Sec. 211) Reforms medical malpractice regarding: (1) a statute of limitations; (2) use of alternative dispute resolution systems (ADRs), including for claims against the United States; (3) settlement offers and conferences; (4) noneconomic and punitive damages; (5) periodic payment for future damages; (6) mandatory offsets for collateral source payments; (7) contingent attorney's fees; (8) several and joint liability; (9) findings of negligence; (10) practice guidelines sanctioned as affirmative defenses; (11) the standard of proof regarding certain labor and delivery circumstances; (12) supersedure of certain State laws; and (13) establishment and certification of State ADRs. (Sec. 241) Amends title II (Old Age, Survivors, and Disability Insurance) (OASDI) of the Social Security Act to authorize appropriations for sanctioning guidelines as affirmative defenses. Mandates: (1) research and demonstrations on the use of data on malpractice actions; and (2) development of a standard reporting form for State ADRs in transmitting information on disputes resolved. (Sec. 242) Authorizes State professional disciplinary agencies to make agreements with professional societies to allow the societies to: (1) participate in licensing; and (2) review malpractice allegations or other information on the practice patterns of a practitioner. (Sec. 243) Requires each health professional and provider to participate in a risk management program. (Sec. 244) Mandates grants: (1) for basic research on malpractice prevention and compensation and outcomes research; (2) to States to improve licensing and discipline; and (3) for public education on appropriate health care use and realistic expectations, public education on the resources and role of licensing and disciplinary boards, and development of faculty training and curricula regarding quality assurance, risk management, and medical injury protection. Authorizes appropriations. (Sec. 245) Mandates a study on factors preventing or discouraging physicians from volunteering in medically underserved areas. (Sec. 251) Regulates: (1) data elements, uniform claims forms, and uniform electronic transmission of data elements; (2) provider claims submission; and (3) hospital and non-hospital electronic medical data. (Sec. 262) Requires hospitals, in order to participate in Medicare, to maintain and electronically transmit clinical data on patients in a set of electronic comprehensive data elements. (Sec. 263) Provides for electronic transmission of data elements to Federal agencies. (Sec. 264) Prohibits plans from requiring that a provider provide any data element not in the set or transmit any data element in a manner inconsistent with standards. (Sec. 265) Establishes an advisory commission. Authorizes appropriations. (Sec. 271) Provides for a comparative health care value program in each State. Authorizes grants and appropriations. (Sec. 273) Requires each Federal agency concerned with health insurance or care to develop comparative value information. (Sec. 274) Mandates model systems for the gathering and analysis of data on health care cost, quality, and outcome. Authorizes appropriations. (Sec. 281) Provides for standards regarding Medicare and Medicaid identification cards. Establishes a Medicare and Medicaid system to provide information on primary payors. Authorizes appropriations. (Sec. 282) Nullifies any State law requiring that medical or health insurance records be maintained in written rather than electronic form. (Sec. 283) Provides for standards regarding: (1) beneficiary and provider identification numbers; and (2) coordination of benefits. (Sec. 285) Mandates grants to demonstrate the application of comprehensive information systems in continuously monitoring patient care and improving patient care. Authorizes appropriations from the Federal Hospital Insurance Trust Fund. Authorizes grants for: (1) communication links between plan and provider information systems; (2) regional or community-based clinical information systems; and (3) developing and testing, for physicians and non-hospital entities, the definition of a comprehensive data set and the specification and presentation of individual data elements. Authorizes appropriations. (Sec. 291) Amends the IRC to exclude from an employee's gross income any amount contributed by the employer to a trust created exclusively to pay an individual's medical expenses (medical savings account). Sets contribution limits. Subjects the employee to taxation as owner of the account. (Sec. 301) Amends Medicaid provisions to modify contracting requirements for coordinated care services. (Sec. 311) Amends Medicare provisions to extend physician self-referral limitations to all payors and certain additional services. Revises exceptions. (Sec. 314) Mandates a study to estimate the changes in aggregate costs that will result from the amendments made by these provisions. (Sec. 321) Preempts managed care restrictions under State law. Mandates a study of managed care benefits and cost effectiveness. (Sec. 331) Amends Medicare provisions to revise the method for determining prospective payment updates to hospitals. (Sec. 332) Lowers the limitation amount and suspends certain annual adjustments regarding clinical diagnostic laboratory tests. (Sec. 343) Limits antitrust recovery to actual damages if certain requirements are met, including the filing and publication of information regarding hospital joint ventures. (Sec. 345) Establishes the Interagency Committee on Competition, Antitrust Policy, and Health Care. (Sec. 351) Prohibits, subject to exception, damages and other recovery under the Clayton Act or similar State laws from a medical self-regulatory entity engaging in standard setting or enforcement activities designed to promote the quality of health care and not conducted for financial gain.
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
TABLE OF CONTENTS: Title I: Provisions Relating to the Medicare Program Subtitle A: Durable Medical Equipment Subtitle B: Medicare Secondary Payer Title II: Customs Officer Pay Reform Title III: Availability and Use of Death Information Under the Old-Age, Survivors, and Disability Insurance Program Title IV: PBGC Report on Employers with Underfunded Plans Title V: Taxpayer Bill of Rights 2 Subtitle A: Taxpayer Advocate Subtitle B: Modifications to Installment Agreement Provisions Subtitle C: Interest Subtitle D: Joint Returns Subtitle E: Collection Activities Subtitle F: Information Returns Subtitle G: Modifications to Penalty for Failure to Collect and Pay Over Tax Subtitle H: Awarding of Costs and Certain Fees Subtitle I: Other Provisions Subtitle J: Form Modifications; Studies Title VI: Other Internal Revenue Code Provisions Subtitle A: Extension of Authority for Undercover Operations; Cash-Transaction Reports Subtitle B: Provisions Relating to Exempt Organizations Title VII: Prohibition of Misuse of Department of the Treasury Names, Symbols, etc. Federal Program Improvement Act of 1993 - Title I: Provisions Relating to the Medicare Program - Subtitle A: Durable Medical Equipment - (Sec. 1001) Amends title XVIII (Medicare) of the Social Security Act (SSA) to set forth requirements concerning durable medical equipment (DME) supplier number issuance and renewal, and certificates of medical necessity and uniform national coverage and utilization criteria for certain DME. (Sec. 1001) Requires the Secretary of Health and Human Services (HHS) to study and report to the Congress on payment methodologies for: (1) DME under Medicare part B (Supplementary Medical Insurance) for disabled Medicare beneficiaries; and (2) prosthetic devices and orthotics and prosthetics under such part that do not require custom fitting and adjustment. (Secs. 1002 through 1007) Amends SSA title XVIII to: (1) revise procedures for processing Medicare DME claims; (2) place restrictions on certain marketing and sales activities of DME suppliers; (3) absolve Medicare beneficiaries from liability for payment of DME received from suppliers without suppliers numbers; (4) mandate fee schedule adjustments for amounts determined not to be inherently reasonable; and (5) revise formulae for payments for ostomy supplies, tracheostomy supplies, urologicals, surgical dressings, and tens devices. (Sec. 1008) Requires the Health Care Financing Administration (HCFA) to collect data on variations in DME supplier costs for which payment may be made under Medicare part B for a report to specified congressional committees which shall also contain HCFA recommendations for a geographic cost adjustment index for DME suppliers. (Sec. 1008) Requires the Comptroller General (CG) to report to specified congressional committees on supplier DME costs. Subtitle B: Medicare Secondary Payer - (Sec. 1101) Amends the Omnibus Budget Reconciliation Act of 1989 (OBRA-1989) to provide that certain Medicare secondary payer provisions regarding the treatment of employment in a religious order shall apply to items and services furnished before the effective date of such provisions in secondary payer cases not identified as of that date. (Sec. 1101) Makes changes to aid in the: (1) identification of Medicare secondary payer situations; and (2) recovery of erroneous Medicare payments from primary payers. Title II: Customs Officer Pay Reform - (Sec. 2001) Revises the pay system for U.S. customs service inspectors and provides canine enforcement officers overtime compensation in the same manner applicable to inspectors. (Secs. 2003 and 2005) Amends the Consolidated Omnibus Budget Reconciliation Act of 1985 with respect to customs user fee account reports and reimbursements. (Sec. 2005) Requires, for certain annual reports to specified congressional committees, a CG review of expenditures from the Customs User Fee Account and Treasury recommendations for improving the operation of user fee laws in financing inspectional services. Title III: Availability and Use of Death Information Under the Old-Age, Survivors, and Disability Insurance Program - (Sec. 3001) Amends SSA title II (Old Age, Survivors and Disability Insurance) to: (1) encourage States to enter into contracts to provide death information to the Social Security Administration; (2) authorize the Administration to redisclose such information to other Federal, State, and local agencies; and (3) restrict the use of social security numbers in motor vehicle registration and driver's license programs by States which do not provide for the exchange of death information. Directs the Secretary to study and report to specified congressional committees on possible improvements in the current methods of gathering and reporting death information by Federal, State, and local governments. Title IV: PBGC Report on Employers with Underfunded Plans - (Sec. 4001) Requires the Pension Benefit Guaranty Corporation to report annually to the Congress on employers with underfunded pension plans. Title V: Taxpayer Bill of Rights 2 - Taxpayer Bill of Rights 2 - Subtitle A: Taxpayer Advocate - (Sec. 5001) Amends the Internal Revenue Code to establish in the Internal Revenue Service (IRS) the Office of the Taxpayer Advocate to: (1) assist taxpayers in resolving problems with the IRS; (2) identify areas in which taxpayers have such problems; (3) propose changes in IRS administrative practices to mitigate such problems; and (4) identify appropriate legislative changes to mitigate such problems. (Sec. 5001) Replaces the IRS' Office of the Ombudsman with the Office of the Taxpayer Advocate. (Sec. 5002) Revises the terms of a Taxpayer Assistance Order. Subtitle B: Modifications to Installment Agreement Provisions - (Sec. 5101) Requires prior notification to taxpayers under an installment agreement to pay tax liability before altering, modifying, or terminating such an agreement. (Sec. 5102) Provides for administrative review of denials of requests for, or terminations of, installment agreements. Subtitle C: Interest - (Sec. 5201) Changes the rules for the abatement of interest attributable to IRS errors and delays. (Sec. 5202) Extends the period for which interest will not be imposed after notice and demand for payment, if such payment is less than $100,000. Subtitle D: Joint Returns - (Sec. 5301) Allows the disclosure of collection activities to an individual requesting such information in the case of a joint return where the individual is no longer married to, or no longer resides in the same household as, the other joint filer. (Sec. 5302) Removes limitations on filing a joint return after filing separate returns without full payment of tax. Subtitle E: Collection Activities - (Sec. 5401 and 5402) Authorizes the Secretary of the Treasury, in certain cases, 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. (Sec. 5403) Requires: (1) prior notification to the taxpayer that the taxpayer is under examination; and (2) an explanation of the process (except in specified cases). (Sec. 5404) Increases the dollar limit on the recovery of civil damages for unauthorized collection actions. (Sec. 5405) Revises provisions with respect to a designated summons concerning the standard of review and notice requirements for issuance. Subtitle F: Information Returns - (Sec. 5501) Requires payee statements to provide the telephone number of the person providing payment. (Sec. 5502) Establishes civil damages for fraudulent return filing. (Sec. 5503) Requires the Secretary to present reasonable and probative information concerning a deficiency in an information return by a third party, when such return is disputed in court by a taxpayer who has cooperated fully in the matter with the Secretary. Subtitle G: Modifications to Penalty for Failure to Collect and Pay Over Tax - (Sec. 5601) Establishes requirements for preliminary notices of failure to pay over tax. (Sec. 5602) Specifies the circumstances under which a person shall not be liable for any penalty for failure to collect and pay over tax. (Secs. 5603 and 5604) Requires the Secretary to: (1) disclose certain information where more than one person is liable for a penalty; and (2) ensure that IRS employees are aware of their responsibilities under the tax depository system, the circumstances under which they may be liable for penalties, and reporting responsibilities. (Sec. 5604) Exempts certain unpaid, volunteer board members of tax-exempt organizations from collection penalties. Subtitle H: Awarding of Costs and Certain Fees - (Sec. 5701) Allows a substantially prevailing taxpayer to file a motion for a court order for the disclosure of all relevant records held by the IRS. (Sec. 5702) Increases the limit on attorney fees. (Sec. 5703) 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. Subtitle I: Other Provisions - (Secs. 5801 and 5803) Revises provisions regarding the: (1) required content of tax due, deficiency, and other notices; and (2) retroactivity of IRS regulations and rulings. (Sec. 5802) Provides for the treatment of substitute returns made by the Secretary. (Sec. 5804) Requires notice to the taxpayer of the inability to associate any payment with any outstanding tax liability. (Sec. 5805) Allows damages for the unauthorized disclosure and enticement of disclosure of taxpayer information. Subtitle J: Form Modifications; Studies - (Secs. 5901 through 5903) 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 name and address changes; and (3) include in a specified publication a section on the rights and responsibilities of divorced individuals. (Secs. 5911 through 5914) Requires the Secretary to report to the congressional tax-writing committees on: (1) a pilot program for appeals of certain enforcement actions; (2) a study of ways to assist 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. (Secs. 5915 and 5916) Requires the CG to study and report to such committees on notices of deficiency and the accuracy and clarity of commonly used IRS forms, notices, and publications. Title VI: Other Internal Revenue Code Provisions - Subtitle A: Extension of Authority for Undercover Operations; Cash-Transaction Reports - (Sec. 6001) Extends the authority for IRS undercover operations. (Sec. 6002) Provides for the disclosure to Federal, State, local, and foreign governments of information on tax returns relating to cash transactions. Subtitle B: Provisions Relating to Exempt Organizations - (Secs. 6101 and 6102) Requires: (1) certain organizations to disclose their nonexempt tax status (or face specified civil penalties); and (2) tax-exempt organizations to make available for public inspection copies of their annual tax returns. Title VII: Prohibition of Misuse of Department of the Treasury Names, Symbols, Etc. - (Sec. 7001) Prohitits misuse of Treasury Department names, symbols, emblems, abbreviations, and initials, and specifies civil penalties for any such misuse.
United States · United States Congress · 5 January 1993
Military Retirement Equity Act of 1993 - Permits retired members of the armed forces to be paid retirement pay concurrently with compensation for any service-connected disability if the person's entitlement to such retirement pay is based solely on age, length of service, or both. Reduces the retirement pay of individuals receiving both types of pay by a specified percentage of the disability compensation which decreases as the disability rating increases. Prohibits any reduction in the retirement pay of a disabled person when the disability rating is total. Declares that, once the Federal budget deficit has been reduced, the Congress should reexamine and eliminate any offset of retired pay by a veteran's disability compensation.
United States · United States Congress · 5 January 1993
Flood Elevation Reimbursement Act of 1993 - Amends the National Flood Insurance Act of 1968 to provide coverage of elevation costs for certain flood-damaged structures under the national flood insurance program, including retroactive payments.
United States · United States Congress · 5 January 1993
Employee Educational Assistance Act of 1993 - Amends the Internal Revenue Code to make permanent the income tax exclusion of amounts paid under employee educational assistance programs.
United States · United States Congress · 5 January 1993
Amends the Federal Election Campaign Act of 1971 to require a House of Representatives candidate to file with the Federal Election Commission a declaration of whether he or she will comply with: (1) voluntary contribution limitations from other than individual district residents; and (2) specified determinations of total contribution amounts from resident individuals. Stipulates that if a candidate chooses not to comply with such provisions, then only the first provision shall apply to such candidate, and neither provision shall apply to the other candidates. Establishes fines for acceptance of excess contributions.
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 · 6 October 1992
Tax Fairness Restoration and Economic Growth Act - Title I: Tax Reductions - Subtitle A: Capital Gains Provisions - Amends the Internal Revenue Code to exclude capital gain from gross income and exempt capital gain from tax. Makes such exemption applicable to computing the alternative minimum tax. Subtitle B: Restoration of Income Averaging - Sets forth provisions to restore income averaging. Subtitle C: Elimination of Double Tax on Dividends - Allows a shareholder credit (for taxpayers other than corporations) for dividends from domestic corporations. Provides for determining such credit based on the corporation's post-1992 Federal income taxes and post-1992 undistributed earnings. Includes such credit in the determination of gross income. Allows corporations a 100 percent deduction for amounts received as dividends from domestic corporations. Revises computations on dividends received by corporations on the preferred stock of a public utility. Subtitle D: Permanent Extension of Research Credit - Makes permanent law the credit for increasing research activities. Subtitle E: Reduction of Individual Tax Rate - Reduces individual income tax rates by eliminating the highest tax bracket. Subtitle F: Retirement Savings Incentives - Part I Restoration of IRA Deduction - Amends the Internal Revenue Code to remove the limitations on deductions for individual retirement plans and provides a cost-of-living adjustment for deductible amounts. Part II: Nondeductible Tax-Free IRAs - Establishes special individual retirement accounts that are nondeductible. Makes such accounts nontaxable if earnings on contributions are held for at least five years. Applies the early withdrawal penalty to distributions made before the end of the five year-period. Part III: Penalty-Free Distributions - Provides exemptions from the ten-percent penalty on early withdrawals from individual retirement plans for: (1) first home purchases; (2) higher education expenses; and (3) financially devastating medical expenses. Subtitle G: Repeal of Excise Penalty Taxes on Autos - Repeals the excise tax on luxury items (passenger vehicles, boats, aircraft, jewelry, and furs). Subtitle H: Repeal of Limitation On Itemized Deductions - Repeals the overall limitation on itemized deductions. Subtitle I: Repeal of Passive Loss Limitations - Repeals passive loss limitations. Subtitle J: Restoration of 10-Percent Investment Credit - Restores the ten percent investment tax credit for property placed in service after enactment of this Act. Subtitle K: Restoration of Accelerated Cost Recovery System - Restores the accelerated cost recovery system as in effect on the day after the enactment of the Economic Recovery Tax Act of 1981. Subtitle L: Credit for First-Time Homebuyer - Allows a credit for a first-time homebuyer of ten percent of the price of the principal residence. Limits such credit to $2,500. Requires the residence to be acquired on or after February 1, 1992, and before January 1, 1993. Title II: Taxpayer Bill of Rights - Subtitle A: Additional Safeguards to Protect Taxpayers' Rights - Part I: Taxpayers' Advocate - Amends the Internal Revenue Code to establish in the Internal Revenue Service (IRS) the Office of Taxpayers' Advocate, headed by the Taxpayers' Advocate, appointed by the President, by and with the advice and consent of the Senate. Requires the Office to: (1) assist taxpayers in resolving problems with the IRS; (2) identify areas in which taxpayers have problems in dealings with the IRS; (3) propose changes in the administrative practices of the IRS to mitigate such problems; and (4) identify potential legislative changes which may be appropriate to mitigate such problems. Requires the Taxpayers' Advocate to annually report to specified congressional committees on Office activities. Requires the Commissioner of Internal Revenue to establish procedures requiring a formal response to all recommendations submitted to the Commissioner by the Taxpayers' Advocate. Authorizes the terms of a Taxpayer Assistance Order to require the Secretary of the Treasury to take certain actions (currently, only to cease or refrain from taking such actions). Part II: Modifications to Installment Agreement Provisions - Requires prior notification to taxpayers under an installment agreement to pay tax liability before altering, modifying, or terminating such an agreement. Provides for administrative review of denials of requests for installment agreements. Suspends the failure to pay penalty during any period an installment agreement is in effect. Part III: Interest - Extends from ten days to 21 days the period for which interest will not be imposed after notice and demand for payment, if such payment is less than $100,000. Provides for the abatement of interest in the case of an assessment due to the error or delay of an IRS managerial act. Increases the interest rate for overpayment of tax from two percent to three percent (making such rate equal to the interest rate for underpayment of tax). Waives interest on all overpayments refunded within 45 days after a return is filed. Part IV: Joint Returns - Requires separate deficiency notices in the case of a joint income tax return if the most recent data available to the IRS shows that such spouses did not file a joint return with each other. Allows the disclosure of collection activities to an individual requesting such information in the case of a joint return where such individual is no longer married to or resides in the same household as the other joint filer. Removes limitations on filing a joint return after filing separate returns. Part V: Collection Activities - Authorizes the Secretary, if it is determined to be in the best interest of the taxpayer and the United States, to: (1) withdraw a notice of a lien; (2) return property that has been levied upon; and (3) offer compromises in civil or criminal cases. Requires the Secretary, at the request of the taxpayer, to make reasonable efforts to notify credit reporting agencies and financial institutions of such withdrawal notice. Part VI: Erroneous and Fraudulent Information Returns - Requires payee statements to provide the phone number of the person providing payment. Establishes civil damages for the fraudulent filing of information returns. Requires the Secretary to take reasonable steps to corroborate the accuracy of an information return when making a determination of a deficiency by a third party, when such return is disputed by the taxpayer. Part VII: Modifications to Penalty for Failure to Collect and Pay Over Tax - Declares that a person shall not be liable for any penalty for failure to collect and pay over tax if such person: (1) is not a significant owner, or highly compensated employee of the trade or business; (2) notifies the Secretary within ten days after such failure; and (3) such notification was before any notice by the Secretary with respect to such failure. Requires the Secretary to disclose certain information where more than one person is liable for a penalty. Part VIII: Awarding of Costs and Certain Fees - Repeals the "substantially justified" test for determining whether a taxpayer may recover costs and fees incurred as part of an administrative or court proceeding. Provides for the awarding of reasonable litigation or administrative costs to a prevailing party who represents himself in an administrative or court proceeding. Makes IRS employees personally liable in certain cases. Provides that any failure to agree to an extension of time for the assessment of any tax shall not be taken into account in determining whether a prevailing party has exhausted all administrative remedies. Part IX: Other Provisions - Revises provisions on the required content of tax due, deficiency, and other notices. Provides for the treatment of returns prepared for or executed by the Secretary for purposes of certain tax penalties. Provides protection for taxpayers who rely on certain guidance published by the IRS. Subtitle B: Form Modifications - Directs the Secretary to: (1) ensure that taxpayers are aware of permission to pay tax in installments, extensions of time for payment of tax, and compromises of tax liability; (2) improve procedures for taxpayers to notify the Secretary of changes in names and addresses; (3) include in a specified publication a section on the rights and responsibilities of divorced individuals; (4) ensure that employees are aware of their responsibilities under the Federal tax system and that the public is aware of penalties for failure to collect and pay over tax; and (5) notify taxpayers of any payments that cannot be associated with any outstanding tax liability. Subtitle C: Additional Improvements - Requires the Secretary to report to the tax-writing committees on: (1) a pilot program for appeals of certain enforcement actions (including lien, levy, and seizure actions); (2) a study on ways to assist the elderly, physically impaired, foreign-language speaking, and other taxpayers with special needs to comply with IRS laws; (3) the scope and content of the IRS taxpayer-rights education program for its officers and employees; and (4) cases involving complaints about misconduct of IRS employees and the disposition of such complaints. Requires the Comptroller General to report to the tax-writing committees on: (1) a study of notices of deficiency; (2) the accuracy and clarity of 25 of the most commonly used IRS forms, notices, and publications; and (3) a study of IRS employee-suggestion programs.
United States · United States Congress · 5 October 1992
Independent Counsel Act of 1992 - Amends the Federal judicial code to reauthorize the independent counsel law for an additional five years. Makes such law applicable to Senators and Representatives in, and Delegates and Resident Commissioners to, the Congress, subject to specified limitations. Provides for the periodic reappointment of an independent counsel. Sets forth reporting requirements. Revises provisions regarding: (1) subpoena power; (2) congressional requests for information; (3) attorney fees; (4) independent counsel per diem expenses; and (5) compliance with policies of the Department of Justice (DOJ). Limits the salaries of employees of the independent counsel's office to those paid for comparable positions in the office of the U.S. Attorney for the District of Columbia. Requires that an independent counsel use DOJ personnel in lieu of appointing employees to carry out the duties of the office of independent counsel. Limits to $500,000 the amount that may be expended in any one-year period to compensate employees appointed by an independent counsel or detailed to such office, except to the extent that an appropriations Act specifically makes available additional funds for such purpose. Grants DOJ and the Office of Government Ethics authority to enforce compliance with standards of conduct applicable to an independent counsel, persons serving in the office of an independent counsel, and their law firms. Prohibits the expenditure of funds for the operation of any office of independent counsel beyond the two-year period after its establishment, except to the extent that an appropriations Act enacted after such establishment specifically makes funds available for such office for use after the end of such period. Requires: (1) the Director of the Administrative Office of the U.S. Courts to provide administrative support and guidance to each independent counsel; (2) the Administrator of General Services to promptly provide appropriate office space within a Federal building for each independent counsel; and (3) an independent counsel to conduct all activities with due regard for expense, to authorize only reasonable expenditures, and promptly upon taking office to assign to a specific employee the duty to ensure that expenditures are made in accordance with such principles. Directs the Comptroller General of the United States to submit a report to the Congress recommending ways to improve controls on costs of independent counsel offices.
United States · United States Congress · 2 October 1992
Welfare Employment and Flexibility Amendments of 1992 - Amends part F (Job Opportunities and Basic Skills Training Program) (JOBS) of title IV of the Social Security Act (SSA) to make changes with respect to work supplementation, community work experience, and job search programs. Provides for increased State flexibility to conduct JOBS programs. Amends SSA title IV part A (Aid to Families with Dependent Children) (AFDC) to: (1) require AFDC recipients to cooperate in paternity establishment; and (2) give States an option regarding the timing of AFDC payments. Amends SSA title XI to provide for an extension of waiver authority for demonstration projects.
United States · United States Congress · 2 October 1992
Community Opportunity Pilot Program Act of 1992 - Provides authority and a Federal mechanism for approval of five pilot projects for the development of community opportunity systems to demonstrate the potential for improving the economic opportunity for low-income residents of the community through restructured programs providing services and benefits.
United States · United States Congress · 1 October 1992
Welfare Reform Demonstrations Act of 1992 - Title I: Changes In Welfare Policy - Amends part A (Aid to Families with Dependent Children) (AFDC) of title IV of the Social Security Act to provide for an increase in: (1) funding for programs under part F (Job Opportunities and Basic Skills Training Program) (JOBS) of such title; (2) the Federal matching rate for JOBS programs; and (3) the limitation on payments to States for JOBS programs. Requires families with younger children over age one (currently, age three) to participate in AFDC programs. Authorizes the Director of the Office of Social Reform Demonstrations to grant waivers to enable certain social service providers to help individuals and families leave welfare. Specifies the Federal programs subject to such waiver authority. Amends the Internal Revenue Code to revise the earned income credit. Gives States the option of excluding resources (not exceeding $10,000) retained for educational, job training, or home ownership purposes from the limitation on resources used in determining AFDC eligibility. Provides that such resources shall not be taken into consideration for purposes of determining eligibility for benefits under such Federal programs. Provides for the treatment of certain resources disposed of for less than fair market value for purposes related to the AFDC program. Allows States to permit JOBS program participants to reserve such amounts of income and resources as the State agency determines necessary for attaining self-employment. Sets forth guidelines for a State to follow in disregarding income and resources for purposes of AFDC eligibility when a participant has made progress towards achieving self-employment. Requires parents to ensure that their children receive proper immunizations and well-child care and regularly attend school in order to continue to receive AFDC benefits. Directs the Secretary of Health and Human Services (Secretary) to review and report to the Congress on: (1) literature on teenage sexual activity and childbearing; and (2) the relationship between early sexual activity and the contraction of sexually transmitted diseases and their effects on long-term health and reproduction. Title II: Demonstrations - Requires the Secretary to establish the Office of Welfare Reform Demonstrations to be headed by a Director. Requires the Director to: (1) select demonstration projects to be conducted by the States for testing various approaches to help AFDC recipients leave welfare and increase their financial security; (2) enter into contracts with such States for the conduct and evaluation of such projects; and (3) report to the Congress on such projects. Authorizes appropriations. Establishes the Advisory Committee on Welfare Reform to advise the Office of Welfare Reform Demonstrations. Specifies the types of demonstration projects required by this Act. Provides for optional types of demonstration projects as well.
United States · United States Congress · 24 September 1992
Save Florida Bay Act of 1992 - Requires the Chairman of the Council on Environmental Quality to establish and coordinate an interagency committee to develop a program for facilitating the restoration of Florida Bay and to define the roles and responsibilities of each agency in facilitating that restoration. Declares that it is the sense of the Congress that the Chairman should include Florida Bay in the Coastal America program. Amends the Federal Water Pollution Control Act to add Florida Bay, Florida, to the list of areas mandated for priority consideration as an estuary of national significance. Mandates a study of Florida Bay problems, including those from Hurricane Andrew. Authorizes appropriations.
United States · United States Congress · 23 September 1992
Family Leave Tax Credit Act of 1992 - Amends the Internal Revenue Code to allow an employer an income tax credit for 20 percent of qualified employee compensation with respect to an employee who is on family leave. Defines family leave as leave in connection with the birth of a child, the placement of a child with the employee for adoption or foster care, the care of a child, spouse, or parent with a serious health condition, or the treatment of a serious health condition which makes the employee unable to perform the functions of his or her position. Limits such credit to employers with 500 or fewer employees, the amount of qualified compensation, and the maximum period for the use of such leave.
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 · 9 September 1992
Dire Emergency Supplemental Appropriations Act, 1992, for Disaster Assistance to Meet the Present Emergencies Arising from the Consequences of Hurricane Andrew and other Natural Disasters - Makes supplemental appropriations for FY 1992 for emergencies arising from natural disasters such as Hurricane Andrew and Typhoon Omar. Designates such amounts as emergency requirements for all purposes of the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act). Title I: Department of Agriculture, Rural Development, Food and Drug Administration, and Related Agencies - Makes additional appropriations available to the Department of Agriculture for: (1) the Agricultural Research Service for buildings and facilities; (2) the Commodity Credit Corporation for crop losses and the tree assistance program; (3) the Soil Conservation Service for watershed and flood prevention operations; (4) the Agricultural Stabilization and Conservation Service for the emergency conservation program; (5) the Farmers Home Administration for the agricultural credit insurance fund program account, the rural housing insurance fund program account, the rural development insurance fund program account, the rural development loan fund program account, rural water and waste disposal grants, very-low-income housing repair grants, rural housing for domestic farm labor, emergency community water assistance grants, and salaries and expenses; and (6) the Food and Nutrition Service for the food stamp program. Declares that funds provided by this title are available only to the extent funds are not provided by the Federal Emergency Management Agency. Title II: Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies - Makes additional funds available to: (1) the Department of Commerce for the Economic Development Administration, the Minority Business Development Agency, and the National Oceanic and Atmospheric Administration; (2) the Department of Justice for general administration, legal activities, the Federal Prison System, and the Office of Justice Programs; (3) the Department of State for the administration of foreign affairs; (4) the Judiciary for Courts of Appeals, District Courts, and other judicial services; and (5) the Small Business Administration for the disaster loans program account. Title III: Department of Defense - Military - Makes additional amounts available for incremental costs of military, reserve, and national guard personnel and for operation and maintenance of military forces. Title IV: Energy and Water Development Department of Defense - Civil - Makes additional funds available to the Army Corps of Engineers-Civil for general construction, flood control and coastal emergencies, operation and maintenance, and flood control for the Mississippi River and tributaries, Arkansas, Illinois, Kentucky, Louisiana, Mississippi, Missouri, and Tennessee. Title V: Department of the Interior and Related Agencies - Makes additional appropriations available to the Department of the Interior for: (1) the United States Fish and Wildlife Service; (2) the National Park Service; (3) the United States Geological Survey; and (4) the Bureau of Indian Affairs. Title VI: Departments of Laobr, Health and Human Services, Education, and Related Agencies - Makes additional funds available to: (1) the Department of Health and Human Services for the Public Health Emergency Fund; (2) the Department of Education for educational excellence, impact aid, student financial assistance, and departmental management. Title VII: Department of Defense - Military - Makes supplemental amounts available to cover incremental costs at Homestead Air Force Base, Florida, for military construction and family housing. Title VIII: Department of Transportation and Related Agencies - Makes additional funds available to the Department of Transportation for: (1) the Coast Guard; (2) the Federal Aviation Administration; (3) the Federal Transit Administration; and (4) the Research and Special Programs Administration. Title IX: Treasury Department, U.S. Postal Service, the Executive Office of the President, and Certain Independent Agencies - Makes supplemental funds available to: (1) the Department of the Treasury for the U.S. Customs Service and the Internal Revenue Service; and (2) the General Services Administration (GSA) for the Federal Buildings Fund and the Federal Supply Service. Authorizes the Secretary of the Treasury and the Administrator of GSA to hire temporary employees as necessary for government operations in areas affected by Hurricane Andrew and Typhoon Omar. Amends the Treasury, Postal Service and General Government Appropriations Act, 1992 to repeal restrictions on travel expenses on employees subject to such Act. Authorizes heads of Federal agencies to establish emergency administrative leave as necessary for employees affected by the Hurricane and the Typhoon. Title X: Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies - Makes additional amounts available to: (1) Department of Veterans Affairs for the Veterans Health Administration and departmental administration; (2) the Department of Housing and Urban Development for housing programs, housing counseling assistance, guaranteed housing loans, and management administration; and (3) the Federal Emergency Management Agency for disaster relief, the disaster assistance direct loan program account, the community disaster loan program account, and salaries and expenses.
United States · United States Congress · 11 August 1992
Securities Private Enforcement Reform Act - Amends the Securities Exchange Act of 1934 to declare that a defendant may be liable jointly and severally for damages in an implied private action only if the trier of fact specifically determines that the defendant knowingly engaged in securities fraud. Sets forth a liability allocation scheme to determine the percentage of responsibility among the defendants if the trier of fact finds that the defendant did not engage in knowing securities fraud. Prescribes guidelines for the award of reasonable fees and expenses incurred by the prevailing party in any implied private action. Declares that in any implied right of action that is certified as a plaintiff class action: (1) the share that is awarded to the representative plaintiff shall be calculated in the same manner as the share awarded to all other members of the plaintiff class; (2) a party may not be represented by any attorney who owns or has a beneficial interest in the securities that are the subject of the litigation, or who is obligated to pay remuneration to a third party for assistance in obtaining the representation of any party to the action; and (3) funds disgorged as a result of Securities Exchange Commission action shall not be distributed as payment for attorneys' fees or expenses incurred by private parties seeking distribution of the disgorged funds. Sets a statute of limitations on private rights of action under this Act.
United States · United States Congress · 10 August 1992
Pension Funding Improvement Act of 1992 - Title I: Amendments to Pension Plan Funding Requirements - Amends the Internal Revenue Code (IRC) and the Employee Retirement Income Security Act of 1974 (ERISA) to revise minimum funding standards for pension plans. Revises the additional funding requirements for pension plans that are not multiemployer plans to provide for an underfunding reduction requirement and solvency maintenance requirement. Title II: Required Security for Certain Plan Amendments - Amends IRC and ERISA to increase required funding percentages and required security under provisions for pension plan termination insurance. Applies such required funding and security provisions to multiemployer plans, as well as to other pension plans. Applies specified criminal penalties to violations of such requirements. Title III: Miscellaneous Provisions - Requires the Pension Benefit Guaranty Corporation (PBGC) and the Congressional Budget Office (CBO) to submit separate reports to the Congress setting forth alternative increases in premiums that would be required for the assets of the single-employer program (established under ERISA provisions for pension plan termination insurance) to equal or exceed such program's current and expected liabilities by 2002. Amends ERISA to require inclusion in annual PBGC reports of actuarial evaluations of pension benefit guaranty funds for the next five, ten, twenty, and thirty years. (Currently, inclusion of such evaluations for the next five years only is required.) Requires such evaluations to set forth alternative premium schedules to assure that PBGC assets equal or exceed its liabilities during such periods. Authorizes the CBO to transmit a separate report analyzing and commenting upon the actuarial evaluation (and premium schedules) prepared by the PBGC, for any fiscal year the CBO deems appropriate. Authorizes the PBGC to require certain plan sponsors or members of a sponsor's controlled group to provide it with records, documents, or other information necessary to determine liabilities and assets of plans covered by ERISA plan termination insurance provisions, or the financial condition of sponsors or members of sponsors' controlled groups maintaining such plans. Applies such information requirements to a plan if: (1) its underfunding exceeds $10,000,000; (2) it has more than 2,000 participants; or (3) it has been granted minimum funding waivers in excess of $1,000,000. Treats all plans maintained by the same sponsor (or any member of such sponsor's controlled group) as one plan for purposes of such information requirements.
United States · United States Congress · 4 August 1992
Medicare Dependent Hospital Relief Act of 1992 - Amends title XVIII (Medicare) of the Social Security Act to: (1) extend the period during which Medicare-dependent, small rural hospitals receive additional payments under Medicare for the operating costs of inpatient hospital services; (2) revise the criteria for determining whether hospitals are eligible for such additional payments; and (3) provide for additional payments under Medicare to other Medicare-dependent hospitals.
United States · United States Congress · 31 July 1992
Criminal Alien Deportation and Exclusion Amendments of 1992 - Amends the Immigration and Nationality Act to provide for the expedited deportation (and subsequent exclusion) of convicted aliens.
United States · United States Congress · 23 July 1992
Marine Mammal Capture, Export, and Public Display Protection Act of 1992 - Amends the Animal Welfare Act (AWA) to require, instead of the penalty applicable under the AWA for a violation regarding a marine mammal, that a person be liable for a civil or criminal penalty under specified provisions of the Marine Mammal Protection Act of 1972 (MMPA). Mandates review and, if appropriate, modifications to AWA standards regarding the care and habitat of marine mammals in captivity. Amends the MMPA to direct the Secretaries of Commerce and Agriculture to jointly establish a system for tracking marine mammals that are taken in waters under U.S. jurisdiction or imported into the United States. Makes it unlawful, notwithstanding any other provision of law or permit under the MMPA, to take any marine mammal before establishment of the system. Makes it unlawful to export a marine mammal from the United States without a permit under this Act. Requires that regulations be issued under the MMPA for exporting as well as for taking and importing marine mammals. Authorizes issuance of export permits under the same requirements as taking and importing permits. Allows issuance of an export permit only: (1) to maintain or improve the health and well-being of the mammal; and (2) if the permit prohibits use of the mammal for any other purpose. Limits the effective period of permits for scientific research to a specified number of years. Regulates the release of such research mammals. Requires the permanent marking of any such mammal.
United States · United States Congress · 25 June 1992
Amends part A (Aid to Families with Dependent Children) (AFDC) of title IV of the Social Security Act (SSA) to revise State plan provisions to mandate State programs that provide AFDC recipients with education, training, and work experience needed to prepare them to do without AFDC assistance after four years of program participation. Outlines the administrative framework for such programs, along with conditions for program participation and penalties for violations of such conditions. Requires parental initiatives in ensuring that children of families on AFDC receive proper immunizations and well-child care and attend school in order for such families to continue receiving AFDC assistance. Provides for mitigation of the marriage penalty in certain cases where the parent of a family receiving AFDC assistance (original parent) marries an individual who, at the time of the marriage, is not the biological parent of any child of the original parent. Revises SSA title IV part F (Job Opportunities and Basic Skills Training Program), with changes that allow States to reserve food stamp benefit funds and use them instead to provide subsidized jobs under work supplementation programs (work programs). Amends the Food Stamp Act of 1977 with respect to employment cashout of food stamp benefits under part F work programs.
United States · United States Congress · 24 June 1992
Directs that, in the administration of any benefits program established by or under Federal law which requires the use of data obtained in the most recent decennial census, the 1990 adjusted census data be considered the official data for such census.
United States · United States Congress · 24 June 1992
Requires that the population characteristics reflected in interim data collected by the Secretary of Commerce between decennial censuses include data relating to urban, rural, below-poverty, and farming populations.
United States · United States Congress · 23 June 1992
Open Space Preservation Act of 1992 - Amends the Internal Revenue Code to exclude from the gross estate tax the value of land subject to a qualified conservation easement (less the amount of any indebtedness secured by such land). Includes in the gross estate tax the value of each development right retained by the donor in the conveyance of the easement. Makes such tax due upon the disposition of the property. Provides that such land subject to the exclusion will have a carryover basis for purposes of determining gain or loss. Excludes from the gift tax transfers by gift of land subject to a conservation easement (other than development rights retained by the donor of such easement). Defers the reduction in certain estate tax rates after 1993 and before 1998.
United States · United States Congress · 4 June 1992
Cuban Democracy Act of 1992 - Sets forth U.S. policy with respect to Cuba. Declares that the President should encourage countries that conduct trade with Cuba to restrict their trade and credit regulations with Cuba in a manner consistent with this Act. Authorizes the President to impose the following sanctions against countries that provide assistance to Cuba: (1) ineligibility for assistance under the Foreign Assistance Act of 1961 or the Arms Export Control Act; (2) a prohibition on agreements with the United States for the establishment of free trade areas; and (3) ineligibility for forgiveness or reduction of debt owed to the U.S. Government. Terminates such sanctions if the President reports to the Congress that Cuba has met conditions established under this Act concerning democracy, human rights, and a free market economy. Prohibits restrictions on the export to Cuba of medicines, subject to specified conditions and inspection requirements. Permits telecommunications services between the United States and Cuba. Requires the U.S. Postal Service to provide direct mail service to and from Cuba. Authorizes the President to provide assistance to promote nonviolent democratic change in Cuba. Prohibits the issuance of licenses for certain transactions between U.S.-controlled firms in third countries and Cuba. Bars domestic concerns from receiving a tax deduction for the portion of the deductible expenses of such concerns which are allocated or apportioned to income derived from Cuba. Prohibits vessels which enter Cuba to engage in trade from loading or unloading any freight in the United States within 180 days after departure from Cuba. Prohibits: (1) vessels carrying goods or passengers to or from Cuba or carrying goods in which a Cuban national has an interest from entering a U.S. port, except as authorized by the Secretary of the Treasury; and (2) specified commodities authorized to be exported under a general license from being exported under such a license to any such vessels. Directs the President to establish strict limits on remittances to Cuba by U.S. persons for purposes of financing the travel of Cubans to the United States to assure that such remittances are not used by the Cuban Government as a means of gaining access to U.S. currency. Declares that food, medicine, and medical supplies for humanitarian purposes should be made available to Cuba under the Foreign Assistance Act of 1961 and the Agricultural Trade Development and Assistance Act of 1954 if the President certifies to the House Foreign Affairs Committee and the Senate Foreign Relations Committee that the Government of Cuba: (1) has made a commitment to hold free and fair elections for a new government within six months and is proceeding to implement that decision; (2) has made a commitment to respect and is respecting human rights and basic democratic freedoms; and (3) is not providing weapons or funds to any group in any other country that seeks the violent overthrow of the government of such country. Waives sanctions against Cuba under this Act if the President reports to the Congress that Cuba: (1) has held free and fair elections conducted under internationally recognized observers; (2) has permitted opposition parties ample time to campaign for such elections and has permitted full access to the media to all candidates; (3) is showing respect for basic civil liberties and human rights; (4) is moving toward establishing a free market economic system; and (5) has committed itself to constitutional change that would ensure regular free and fair elections. Requires the President, if he makes such report, to take the following actions with respect to a freely-elected Cuban Government: (1) encourage the admission of such government to international organizations and financial institutions; (2) provide emergency relief during Cuba's transition to a viable economic system; (3) take steps to end the U.S. trade embargo of Cuba; and (4) enter into negotiations for a trade agreement with Cuba. Requires the Secretary of the Treasury to exercise the authorities of the Trading With the Enemy Act in enforcing this Act. Authorizes appropriations. Amends the Trading With the Enemy Act to authorize the Secretary to impose a civil penalty on violators of such Act. Provides for forfeiture of any property or vessel that is the subject of a violation. Requires the Department of the Treasury to establish a branch of the Office of Foreign Assets Control in Miami, Florida.
United States · United States Congress · 4 June 1992
Action Now Health Care Reform Act of 1992 - Title I: Improved Access to Affordable Health Care Coverage - Subtitle A: Increased Affordability and Availability for Employees - Directs the Secretary of Health and Human Services (the Secretary) to request the National Association of Insurance Commissioners (the NAIC) to develop model regulations requiring each carrier that makes available in a State any small employer health benefit plan to make available to each small employer in the State a MedAccess basic plan and a MedAccess standard. Directs the Secretary to develop such regulations, if the NAIC does not. Defines MedAccess plan as a health benefits plan that: (1) provides benefits typical of the benefits offered in the small employer health coverage market or provides only benefits for essential preventive and medical services and has an average actuarial value not exceeding 60 percent of the average actuarial value of the typical benefits offered in the small employer health coverage market; (2) accepts every small employer in the State applying for coverage and accepts for enrollment every eligible individual (defined as an individual who is a full-time employee and, if family coverage is offered, covers the employee's spouse and dependents under age 19 or under age 25 for students); and (3) meets consumer protection standards established by this Act relating to limitation of pre-existing condition clauses, continuity of coverage, renewability, and premium limitations. Prohibits the imposition, by a carrier, of a limitation of benefits based on the fact a condition pre-existed the effectiveness of the policy if: (1) the condition relates to a condition not diagnosed within three months before coverage under the plan; (2) the limitation extends beyond six months after coverage under the plan; (3) the limitation applies to an individual who, as of date of birth, was covered under the plan; and (4) the limitation relates to pregnancy. Requires continuous coverage. Prohibits cancellation of a plan or denial of coverage unless there is: (1) nonpayment of premiums; (2) fraud; (3) noncompliance with plan provisions; (4) failure to maintain the required number of enrollees; (5) misuse of a provider network provision; or (6) a cessation by the carrier of the provision of any plan in a State. Amends the Internal Revenue Code to impose an excise tax which shall be paid by the carrier on the failure of a carrier or an employer health benefit plan to comply with the provisions of the Act. Directs the Secretary to request the NAIC to develop models for reinsurance or allocation of risk mechanisms for individuals and small employers who are enrolled under a small employer health benefit plan that meets the consumer protection standards and for whom a carrier is at risk of incurring high costs under the plan. Requires each State to establish and fund one or more reinsurance or allocation or allocation of risk mechanisms that are consistent with a model. Directs the Secretary to develop models, if the NAIC does not. Permits a State, in order to insure the financial solvency of the mechanism, to impose charges on any entity providing employee-related health benefits, so long as such charges do not discriminate with respect to entities that would not be subject to such charges. Directs the Secretary to establish a reinsurance or allocation of risk mechanism, if a State does not. Imposes an excise tax which shall be paid by the carrier on the providing of any health benefit plan which covers any employee in a Federal reinsurance State. Permits either a State or the Secretary (in a Federal reinsurance State) to require each employer health benefit plan to: (1) be registered; and (2) provide such information as is necessary for the reinsurance or allocation of risk mechanisms. Directs the Secretary to: (1) establish an Office of Private Health Coverage to be headed by a Director appointed by the Secretary; and (2) provide for the appointment of an advisory committee to advise the Director. Permits the Director to research the impact of this subtitle and conduct related demonstration projects. Requires the Director to develop: (1) methods of measuring, in terms of the expected costs of providing benefits under small employer health benefit plans and, in particular, MedAccess plans, the relative health risks of eligible individuals; and (2) a model for equitably distributing health risks among carriers in the small employer health care coverage market. Authorizes appropriations for the purposes of this paragraph. Subtitle B: Improved Small Employer Purchasing Power of Affordable Health Insurance - Preempts from insurance mandates a qualified small employer purchasing group, if the group consists of employers with not more than 100 employees, the group consists of not fewer than 100 employers, and the health benefit plans with respect to the employer members are in compliance with applicable State laws relating to health benefit plans. Subtitle C: Health Deduction Fairness - Amends the Internal Revenue Code to make permanent and increase from 25 to 100 percent the health insurance tax deduction for the self-employed. Subtitle D: Improved Access to Community Health Services - Directs the Secretary to provide for a program of grants to migrant and community health centers receiving grants or contracts under provisions of the Public Health Service Act in order to promote the provision of primary health care services for underserved individuals. Authorizes appropriations. Amends the Public Health Service Act to deem as an employee of the Public Health Service, for purposes of civil actions against commissioned officers or employees, any officer, employee, or contractor who is a physician or other licensed health care practitioner while performing functions for an entity receiving Federal funds under provisions of the Public Health Service Act. Requires an entity, in order to receive a grant under such provisions, to implement certain policies to assure against malpractice. Requires: (1) the Attorney General to estimate the amount of all claims expected, during each year, to arise against such an entity from acts of officers or employees; (2) the Secretary to withhold from grants to such entities the amount estimated; and (3) the withheld amount to be transferred to the Treasury to pay judgments against the United States arising from such claims. Directs the Secretary to make grants to public and nonprofit private entities to carry out demonstration projects for the purpose of increasing access to outpatient primary health services in geographic areas with a: (1) population of not more than 500,000 individuals; (2) shortage of personal health services; and (3) significant number of low-income or underinsured individuals. Sets forth requirements for receiving such grants. Authorizes appropriations. Subtitle E: Improved Access to Rural Health Services - Retitles title XII of the Public Health Service Act "Emergency Medical Services" (formerly, "Trauma Care") and directs the Secretary to establish the Office of Emergency Medical Services which shall, with respect to emergency medical services (including trauma care): (1) conduct research; (2) sponsor workshops; (3) assist States; and (4) coordinate activities. Authorizes the Secretary to make grants to States for the purposes of improving the availability and quality of emergency medical services through the operation of State offices of emergency medical services. Sets forth matching fund requirements. Provides for demonstration projects to establish telecommunications between rural medical facilities and other medical facilities that have equipment that can be utilized through telecommunications. Authorizes appropriations for purposes of the programs of this paragraph. Directs the Secretary to make grants to States to assist in the creation or enhancement of air medical transport systems that provide victims of medical emergencies in rural areas access to treatments for the injuries or other conditions arising from such emergencies. Sets forth requirements for grant applications. Authorizes appropriations. Amends title XVIII (Medicare) of the Social Security Act to extend for one year special treatment rules for Medicare-dependent small rural hospitals. Title II: Health Care Cost Containment and Quality Enhancement - Subtitle A: Medical Malpractice Liability Reform - Prohibits bringing a medical malpractice claim: (1) more than two years after the alleged injury should reasonably have been discovered and in no event more than four years after the alleged injury occurred; and (2) in any State court unless there has been an initial resolution through a certified alternative dispute resolution system (ADR). Requires the use of ADR in a Federal medical malpractice liability claim. Requires a pre-trial settlement conference in any medical malpractice liability action. Sets limits on: (1) noneconomic damages; (2) punitive damages; and (3) attorney's fees. Requires offsets for damages paid by a collateral source. Requires liability in a medical malpractice action to be several and not joint. Provides a complete defense to any allegation of negligence in a medical malpractice liability action to any defendant who followed the appropriate practice guideline. Prohibits finding a defendant guilty in a medical malpractice liability action relating to services provided during labor or delivery of a baby if the defendant did not previously treat the plaintiff during the pregnancy, unless the malpractice is proven by clear and convincing evidence. Directs the Secretary to determine whether a States' ADR meets ADR system requirements established by this Act. Establishes such requirements. Amends title XI (General Provisions and Professional Standards Review) of the Social Security Act to earmark funds for sanctioning practice guidelines for purposes of an affirmative defense in medical malpractice liability actions. Permits a State agency responsible for the conduct of disciplinary actions for a type of health care practitioner to enter into agreements with State or county professional societies for such type of health care practitioner to permit such societies to participate in the licensing of such health care practitioner and to review health care malpractice allegations. Requires each State to require each health care professional and provider to participate in a risk management program to prevent and provide early warning of practices which may result in injuries to patients or which otherwise endanger patient safety. Directs the Secretary to make grants for the conduct of basic research in the prevention of and compensation for injuries resulting from health care professional or health care provider malpractice, and research of the outcomes of health care procedures. Authorizes appropriations. Directs the Secretary to study the factors discouraging physicians from volunteering to provide health care services in medically underserved areas. Subtitle B: Administrative Cost Savings - Directs the Secretary to adopt standards relating to each of the following: (1) data elements for use in claims processing under health benefits plans; (2) uniform claim forms; and (3) uniform electronic transmission of the data elements. Authorizes the Secretary to require providers to submit claims to health benefit plans in accordance with such standards. Provides for periodic review of the standards. States that the term "health benefit plan," in this subtitle, includes the Medicare and Medicaid programs (titles XVIII and XIX of the Social Security Act). Requires the Secretary to promulgate standards for hospitals concerning electronic medical data. Permits the Secretary to promulgate standards concerning electronic medical data for providers that are not hospitals. Requires hospitals, in order to participate in Medicare, to: (1) maintain clinical data in a set of comprehensive data elements in electronic form on all patients; and (2) upon the Secretary's request, transmit electronically the data set and any data from such set. Provides for electronic transmission to Federal agencies. Prohibits a health benefit plan, if standards with respect to data elements are promulgated with respect to a class of provider, from requiring for the purpose of utilization review or as a condition of providing benefits under the plan that a provider in the class: (1) provide any data element not in the set of comprehensive data elements; or (2) transmit or present any such data element in a manner inconsistent with applicable standards. Directs the Secretary to establish an advisory commission of hospital executive and data base managers, physicians, health services researchers, and technical experts in the collection and use of data and operation of data systems. Authorizes appropriations for such commission. Requires the Secretary, in order to assure the availability of comparative value information to purchasers of health care in each State, to determine whether each State is developing and implementing a health care value information program that meets stated criteria. Permits grants to a State for the development of its health care value information program. Authorizes appropriations for such grants. Requires the head of each Federal agency with responsibility for the provision of health insurance or health care services to individuals to promptly develop health care value information relating to each program that such head administers. Directs the Secretary to develop model systems to facilitate: (1) the gathering of data on health care cost, quality, and outcome; and (2) analyzing such data to permit the valid comparison of such data. Authorizes appropriations for the development of such model systems. Directs the Secretary to adopt standards relating to the design and use of magnetized Medicare identification cards for the purpose of assisting health care providers in determining eligibility and billing. Authorizes appropriations. Nullifies any State law requiring that medical or health insurance records be maintained in written rather than electronic form. Requires each health benefit plan: (1) for each of its beneficiaries that has a social security number, to use that number as an identification number for claims processing; and (2) for each provider that has a unique identifier for Medicare purposes, to use that identifier for claims processing. Requires the Secretary to determine whether problems relating to the rules for determining liability when benefits are payable under two or more plans or the availability of information among such plans causes significant administrative problems, and if so, directs the Secretary to promulgate standards concerning liability and the transfer of information among plans. Directs the Secretary to provide grants to qualified entities to demonstrate the application of comprehensive information systems in continuously monitoring patient care and in improving patient care. Authorizes appropriations from the Federal Hospital Insurance Trust Fund. Subtitle C: Medical Savings Accounts (Medisave) - Amends the Internal Revenue Code to exclude from the gross income of an employee any amount contributed by the employer to a medical savings account pursuant to a qualified medical savings account plan. Sets contribution limits. Defines a "medical savings account" as a trust created exclusively for purpose of paying an individual's medical expenses. Permits expenses from such account only to the extent such amounts are not compensated for by insurance. Subjects the employee to taxation as owner of the account. Subtitle D: Medicaid Program Flexibility - Amends title XIX (Medicaid) of the Social Security Act to modify Medicaid contracting requirements for coordinated care services. Authorizes the Secretary to waive specified Medicaid requirements with respect to nursing facilities located in a State if the State provides assurances satisfactory to the Secretary that the waiver of such requirements will not adversely affect the quality of life of the residents in such facilities. Subtitle E: Limitations on Physician Self-Referrals - Amends title XVIII (Medicare) of the Social Security Act to extend physician self-referral limitations to all payors as well as to certain additional services. Revises exceptions. Requires the Secretary to conduct a study in order to estimate the changes in aggregate costs for designated health services, under the Medicare program and other health plans, which will result from the implementation of the amendments made by this subtitle. Subtitle F: Removing Restrictions on Managed Care - Preempts managed care restrictions under State law. Requires the Comptroller General to conduct a study of the benefits and cost effectiveness of the use of managed care in the delivery of health services. Subtitle G: Medicare Payment Changes - Amends the Medicare program to make revisions in the methodology for determining updates to Medicare hospital payments. Provides for a reduction in Medicare payment for clinical diagnostic laboratory tests. Subtitle H: Modification of the Operation of the Antitrust Laws to Hospitals - Permits two or more hospitals, without violating the antitrust laws, to share expensive medical services or high technology equipment. Directs the Secretary to grant waivers to exempt hospitals from the antitrust laws in order to carry out agreements permitting such sharing. Sets forth reporting requirements. Subtitle I: Encouraging Enforcement Activities of Medical Self-Regulatory Entities - Prohibits damages, interest on damages, costs, or attorney's fees from being recovered under the Clayton Act or any similar State law from any medical self-regulatory entity as a result of engaging in standard setting or enforcement activities designed to promote the quality of health care provided to patients.
United States · United States Congress · 2 June 1992
Removes the annual and total limits on the number of Junior Reserve Officer Training Corps (JROTC) units that may be maintained at public and private secondary educational institutions. Includes, as a condition to establishing a JROTC unit at such institution, that the institution agrees to such establishment and maintenance for no less than five academic years.
United States · United States Congress · 28 May 1992
Animal Medicinal Drug Use Clarification Act of 1992 - Amends the Federal Food, Drug, and Cosmetic Act to allow, on order of a veterinarian: (1) a new animal drug approved for one use to be used for a different purpose, provided the use does not result in residues in food in violation of established safe levels for the drug; and (2) a new drug approved for human use to be used in non-food producing animals.
United States · United States Congress · 21 May 1992
Gulf of Mexico Preservation Act of 1992 - Directs the Administrator of the Environmental Protection Agency (EPA) to establish a Gulf of Mexico Program to: (1) assess trends in environmental quality in the Gulf; (2) collaborate with specified entities to identify causes of environmental problems; and (3) provide for the development of a management, protection, and restoration plan. Establishes a Gulf of Mexico Program Office within EPA. Authorizes the Administrator to: (1) conduct a study of environmental problems in the Gulf that are not confined to the jurisdiction of any Federal, State, or foreign entity; and (2) enter into memoranda of understanding and cooperative agreements and participate in a joint commission with the Mexican Government and any other appropriate foreign country to address such problems. Directs the Administrator to report to the appropriate congressional committees on the status of activities in the Gulf. Requires the Administrator to prepare an assessment of Gulf environmental quality that shall: (1) describe the existing state of knowledge concerning the Gulf's environmental quality; (2) include an inventory of relevant environmental research and monitoring programs; (3) identify gaps in knowledge and research needed for the development of the management plan; and (4) assess the environmental impact of specified types of pollution, erosion, dissolved oxygen, bacterial infection in fish, and oil spill response activities. Directs the Administrator to design a strategy for monitoring the environmental quality of the Gulf. Authorizes the Administrator to carry out the assessment and strategy by making grants to specified public and private entities. Requires the Administrator to develop a management, protection, and restoration plan for the Gulf. Requires the Plan to: (1) establish priority schedules for addressing environmental problems in the Gulf; (2) outline specific activities to be conducted under the Program; (3) provide for cooperative activities by public and private entities under the Program; (4) set forth recommendations for actions by Federal, State, and local agencies to prevent, abate, or remediate pollution in the Gulf or to improve environmental quality; and (5) include a summary of the assessment and the monitoring strategy. Provides for periodic reviews of the Plan. Directs the Administrator to make grants to States for purposes of furthering the development and implementation of the Plan. Prohibits grants from being used to relieve any person of liability for environmental damages, response costs, or related relief under Federal or State law. Authorizes appropriations. Earmarks at least 70 percent of appropriations for the grant program. Requires the Administrator to request that funding of the Program Office be included as a separate line item in any annual budget proposal submitted by the President to the Congress.
United States · United States Congress · 21 May 1992
Medical Cost Containment Act of 1992 - Amends the Internal Revenue Code to exclude from gross income medical care savings benefits. Describes such benefits as a health plan which provides that all or part of the premium differential realized by instituting a qualified higher deductible health plan is credited to participating employees to pay for medical care for a plan year. Requires amounts remaining at the end of such plan year to be deposited into a tax-exempt medical care savings account (subject to rules similar to those for retirement plans) for use by the participant for medical expenses.
United States · United States Congress · 21 May 1992
Tax Extension Act of 1992 - Amends the Internal Revenue Code to extend from August 1, 1992, until August 1, 1993, the provisions governing the allocation of research and experimental expenditures for purposes of determining sources of income. Extends the following provisions from June 30, 1992, until December 31, 1993: (1) the tax credit for increasing research activities; (2) the targeted jobs credit; (3) the authority to issue qualified mortgage bonds and qualified mortgage credit certificates; (4) the authority to issue qualified small issue bonds to finance manufacturing facilities and farm property; (5) employer-provided educational assistance; (6) the tax exclusion for employer-provided group legal services plans; (7) the energy investment credit for solar and geothermal property; (8) the credit for clinical testing expenses for certain drugs for rare diseases or conditions; and (9) health insurance costs of self-employed individuals. Extends the low-income housing credit until December 31, 1993 with modifications. Expands the ten-year anti-churning rule waiver to certain projects substantially assisted, financed, or operated under the National Housing Act. Allows units occupied by certain full-time students to qualify for such credit. Authorizes the Treasury Department to waive penalties for certain de minimis errors and recertifications. Provides that certain community service facilities in projects in qualified census tracts are included in eligible basis as functionally related and subordinate facilities. Allows certain building owners to elect to use apartment size or family size in determining the credit's gross rent limitation. Provides for the tax treatment of resale price control and subsidy lien programs under mortgage revenue bond provisions. Repeals the tax preference for the appreciated property charitable deduction during 1992 and 1993. Requires a report by the Secretary of the Treasury to certain congressional committees on an advance valuation procedure.
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