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
Prohibits the Administrator of the Environmental Protection Agency from implementing any national primary drinking water regulation under the Safe Drinking Water Act (the Act) or any similar regulation until this Act's requirements are met and legislation that extends the authorization of the Act is enacted. Requires the Administrator to study and report to the Congress on: (1) each final regulation that has been promulgated under the Act and regulatory alternatives that reflect a range of levels of safety or direct health benefits; (2) any health effect an alternative would prevent and the system-level incremental cost of each alternative; (3) the contaminants listed pursuant to the Act for purposes of considering revisions to the list, taking into account anticipated adverse health effects of the contaminant, the risk or safety factors associated with the maximum contaminant level, and whether the contaminant may occur in public water systems; (4) compliance deadlines; (5) whether a regulation should apply exclusively to small public water systems; and (6) recommended alternatives to ensure that States and political subdivisions meet funding needs to carry out the Act. Directs the Administrator, if the implementation or promulgation of a primary drinking water regulation is justifiable to protect human health, to implement or promulgate such regulation without regard to the requirements of this Act. Amends the Safe Drinking Water Act to exclude from the definition of "public water system" any system which: (1) relies only on surface water supplies; (2) serves only seasonal rental residences; and (3) serves 100 or fewer individuals.
United States · United States Congress · 25 September 1992
Expresses the sense of the Congress that if Saudi Arabia acquires F-15 aircraft from the United States it should demonstrate its peaceful intentions by lifting its economic boycott against Israel and against U.S. companies that trade with Israel.
United States · United States Congress · 15 September 1992
Priority Reforms for a New House Resolution of 1992 - Amends rule I of the Rules of the House of Representatives to direct the Speaker of the House to announce a specified legislative program at the beginning of each session of the Congress. Requires the Speaker to ensure that the minority leader is fully consulted in developing the program for the House each week. Amends rule X to require the House standing committees to hold their organizational meetings within four calendar days after their election and to conclude the meetings within seven calendar days after such election. Requires the membership of each committee (except the Committee on Standards of Official Conduct and the Subcommittee on Administrative Oversight of the Committee on House Administration) select committee, and conference committee to reflect the ratio of majority to minority party Members of the House at the beginning of the Congress. Excludes the Resident Commissioner from Puerto Rico and the Delegates to the House from the count in determining such party ratio of committees. Prohibits any standing committee of the House (except the Committee on Appropriations) from establishing more than six subcommittees. Prevents any Member from serving on more than four House subcommittees at any one time. Requires each standing committee of the House, by March 1 in the first session of a Congress, in a meeting open to the public and with a quorum present, to adopt and submit to the Committee on House Administration its oversight plans for that Congress. Prohibits the consideration of any committee expenses resolution, or any amendment to it, if that committee has not submitted its oversight plans. Directs the Committee on House Administration to report the oversight plan submitted by each committee to the House. Authorizes the Speaker, with the approval of the House, to appoint special ad hoc oversight committees to review specific matters within the jurisdiction of two or more standing committees. Amends rule XI to require each committee to include in its report due by January 2 of each odd-numbered year summaries of legislative and oversight activities of that committee. Amends rule X to require the Speaker to refer legislation initially to one committee as the committee of principal jurisdiction (currently, such legislation may initially be referred simultaneously to two or more committees for concurrent consideration). Amends rule XI to repeal the exceptions allowing voting by proxy by a member of any committee or subcommittee with respect to any measure or matter. Allows committees and subcommittees to close their meetings only where disclosure of matters to be considered would: (1) endanger national security; (2) tend to defame, degrade, or incriminate any person; (3) violate any law or rule of the House; or (4) involve committee personnel matters. Provides that a majority of the members of each committee or subcommittee shall constitute a quorum for the transaction of any business, including the markup of legislation (currently, all committees but the Committees on Appropriations, Budget, and Ways and Means are permitted to fix the number exceeding one-third of the members that constitutes a quorum). Makes it out of order to consider any primary expenses resolution unless the Committee on House Administration has reported, and the House has adopted, a resolution establishing an overall ceiling for House committee statutory and investigative staff personnel for that year. Makes such a resolution privileged. Sets forth requirements governing staff positions authorized and allocated under primary and supplemental expense resolutions. Provides that the overall ceiling for committee staff in a resolution reported by the committee or contained in any amendment for the first and second session of the 103d Congress and the first session of the 104th Congress shall not exceed 90 percent of the total committee staff personnel employed in the previous session of the Congress. Makes it in order to consider amendments to bills making appropriations for the legislative branch placing limitations on the number of staff personnel of House committees not otherwise subject to rule XI. Makes it out of order for the Committee on Rules to report any rule or order that would prevent a motion to recommit that has amendatory instructions (except in the case of a Senate measure for which the language of a House passed measure has been substituted). Abolishes the following select committees and terminates their funding for investigations and studies: (1) the Select Committee on Children, Youth, and Family; (2) the Select Committee on Hunger; (3) the Select Committee on Narcotics Abuse and Control; and (4) the Select Committee on Aging. Makes it out of order, during the first session of the 103d Congress, to consider any resolution reestablishing such committees or any order of business resolution waiving this prohibition except by a two-thirds vote of the House. Amends rule XXI to make it out of order to consider any bill or joint resolution in the House which directly or indirectly authorizes enactment of new budget authority for a fiscal year unless such measure is reported in the House on or before May 15 preceding the beginning of such fiscal year.
United States · United States Congress · 10 September 1992
Amends the Internal Revenue Code to allow a three-year depreciable life for semiconductor manufacturing equipment and equipment used to manufacture advanced materials or to develop advanced technologies. Reduces the individual and corporate capital gains rates and the minimum tax rate on capital gains. Imposes a minimum tax on domestic corporations which are 25-percent foreign-owned and foreign corporations engaged in a trade or business within the United States.
United States · United States Congress · 9 September 1992
Legislative Line Item Veto Act of 1992 - Amends the Congressional Budget and Impoundment Control Act of 1974 to grant the President legislative line item veto rescission authority. Authorizes the President to rescind all or part of any budget authority if the President determines that such rescission: (1) would help balance the Federal budget, reduce the Federal budget deficit, or reduce the public debt; (2) will not impair any essential Government functions; (3) will not harm the national interest; and (4) will directly contribute to the purpose of this Act of limiting discretionary spending in FY 1993. Requires the President to notify the Congress of such a rescission by special message not later than 20 calendar days after enactment of appropriations legislation for FY 1993. Makes such a rescission effective unless the Congress, during a review period of 20 calendar days, enacts a rescission disapproval bill. Describes: (1) information to be included in the President's message; and (2) procedures to govern consideration of rescission disapproval legislation in the Senate and the House of Representatives.
United States · United States Congress · 12 August 1992
Congratulates Launi Meili and Bob Foth on their outstanding achievements in smallbore rifle three-position competitions at the 1992 summer Olympic games.
United States · United States Congress · 6 August 1992
Repeals provisions of the Unemployment Compensation Amendments of 1992 which require 20 percent income tax withholding on eligible rollover distributions of pension plans which are not rolled over into eligible retirement plans. Requires the Internal Revenue Code to be applied as if such provisions had never been enacted.
United States · United States Congress · 4 August 1992
Prohibits the Administrator of the Environmental Protection Agency from implementing any national primary drinking water regulation under the Safe Drinking Water Act (the Act) or any similar regulation until this Act's requirements are met and legislation that extends the authorization of the Act is enacted. Requires the Administrator to study and report to the Congress on: (1) each final regulation that has been promulgated under the Act and regulatory alternatives that reflect a range of levels of safety or direct health benefits; (2) any health effect an alternative would prevent and the system-level incremental cost of each alternative; (3) the contaminants listed pursuant to the Act for purposes of considering revisions to the list, taking into account anticipated adverse health effects of the contaminant, the risk or safety factors associated with the maximum contaminant level, and whether the contaminant may occur in public water systems; (4) compliance deadlines; (5) whether a regulation should apply exclusively to small public water systems; and (6) recommended alternatives to ensure that States and political subdivisions meet funding needs to carry out the Act. Directs the Administrator, if the implementation or promulgation of a primary drinking water regulation is justifiable to protect human health, to implement or promulgate such regulation without regard to the requirements of this Act.
United States · United States Congress · 4 August 1992
Blue Ribbon Commission to Eliminate Duplicative and Noncompetitive Federal Regulations Act - Establishes the Blue Ribbon Commission to Eliminate Duplicative and Noncompetitive Federal Regulations. Requires the Commission to: (1) survey the private sector to determine which Federal regulations are duplicative or impede competition; (2) conduct in-depth reviews of regulations promulgated by executive agencies; (3) review existing Government Accounting Office, Congressional Budget Office, Inspector General Reports, and other governmental and nongovernmental recommendations for reducing duplicative or noncompetitive Federal regulations, and, based on such review, periodically report to the President and the Congress on those recommendations, with estimated savings, that the Commission determines are most significant; and (4) submit to the President and the Congress recommendations for streamlining Federal regulations and reducing costs and unnecessary paperwork that result from such regulations for both the Federal Government and the private sector.
United States · United States Congress · 4 August 1992
Directs the Committee on Standards of Official Conduct to investigate whether Representative Henry B. Gonzalez has publicly disclosed classified information in the Congressional Record, and in so doing violated the Rules of the House of Representatives or any duly constituted committees during the Second Session of the 102d Congress. Directs all other House committees, Members, officers, or employees who may have information relevant to this investigation to cooperate promptly with the Committee subject to procedures it shall adopt necessary to protect from unauthorized disclosure of classified information which may be transmitted to the Committee.
United States · United States Congress · 31 July 1992
Repeals specified portions of the Unemployment Compensation Amendments of 1992 (Public Law 102-318) which: (1) provide for optional trustee-to-trustee transfers of eligible rollover distributions; and (2) impose a withholding tax on distributions not so transferred. Requires the Internal Revenue Code to be applied and administered as if such provisions (and the amendments made by such provisions) had not been enacted.
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 · 31 July 1992
Authorizes the National Captive Nations Committee, Inc., to establish a memorial on Federal land in the District of Columbia or its environs to honor the victims of communism.
United States · United States Congress · 28 July 1992
Expedited Consideration of Proposed Rescissions Act of 1992 - Amends the Congressional Budget and Impoundment Control Act of 1974 to require a special message, in the case of budget authority proposed to be rescinded or reserved, to include language amending the law authorizing such programs to allow them to continue to function at the proposed new level of budget authority. Allows the President to transmit to both Houses of the Congress, for expedited consideration, one or more special messages proposing to rescind all or part of any item of budget authority provided in an appropriation bill. Requires that such special message be transmitted not later than three days after the President approves the appropriation bill and be accompanied by a draft bill or joint resolution that would, if enacted, rescind the budget authority proposed to be rescinded. Sets forth House and Senate procedures for the expedited consideration of such a proposal.
United States · United States Congress · 28 July 1992
Amends the Tariff Act of 1930 to require the administering authority to consider, in addition to those factors already required, when determining whether imported parts or components of merchandise completed or assembled in the United States or a foreign country are circumventing an antidumping or countervailing duty order, the value and sources of supply of parts or components historically used in the assembly of the merchandise subject to such order. Authorizes the administering authority to include within the scope of an antidumping or countervailing duty order imported parts or components that constitute certain merchandise sold in the United States and subject to such order, provided: (1) it is completed or assembled in the United States or a foreign country from parts or components supplied by the exporter or producer, from suppliers that have historically supplied such parts or components to such exporter or producer, or from any party in the exporting country supplying such items on behalf of such exporter or producer; (2) the value of the imported parts or components is significant in relation to the total value of all parts and components used in the assembly or completion operation, excluding packing; (3) consideration of specified factors establishes a pattern of circumvention of an antidumping or countervailing duty order; or (4) the administering authority determines that action is appropriate to prevent circumvention of such order. Enables the administering authority to base such a decision on any of such factors by itself, rather than on all of them together. Requires the administering authority, upon request made within one year of such effective date, to review prior negative determinations under the applicable new standards contained in this Act. Requires the administering authority to include such parts or components within the scope of an order if application of the new standards to the record compiled in the prior determination would have resulted in an affirmative determination.
United States · United States Congress · 22 July 1992
Federal Grants for State and Local "G.I. Bills" for Children - Requires the Secretary of Education to use specified funds to make competitive grants to States and localities for educational choice programs. Authorizes reservation of a specified portion of such funds for national evaluation of such programs. Authorizes appropriations. Makes a State or locality eligible for such a grant if it: (1) has taken significant steps to provide a choice of schools to families with school children in the program area, including those not eligible for scholarships under this Act; (2) will, if awarded a grant, provide scholarships to parents of eligible children that may be redeemed for elementary or secondary education at a broad variety of public and private (including religious) schools serving that area; and (3) permits all such lawfully operating schools serving the area to participate in its program under this Act if they so choose. Requires grantees to provide scholarships to parents of eligible children, with a value of $1,000 from Federal funds under this Act and an additional amount, if any, of State, local, and nongovernmental funds. Excludes such scholarships from consideration as income for Federal income tax or Federal program eligibility purposes. Requires such scholarships to be provided to parents of children who reside in the program area, will attend a participating public or private school, and are from a middle- or low-income family (as determined by the grantees, in accordance with the Secretary's regulations). Limits the maximum family income for eligibility to not more than the higher of the State or national median family income. Provides for continuation of such scholarship aid to a child in each program year, unless the child no longer resides in the program area or no longer attends school, or the child's family income exceeds by 20 percent or more than the maximum income of families who received scholarships in the preceding year. Requires the grantee to provide scholarships to the lowest income families if the grant amount is insufficient to provide such aid to each child up to the income level for which the grantee applied. Sets forth application requirements, including descriptions of program areas and economic profiles of children residing there. Requires that programs be selected to receive such grants on the basis of: (1) number and variety of educational choices they make available to families of eligible children; (2) extent to which choices among public, private, and religious schools are available to all families in the area, including those not eligible for scholarships; (3) proportion of children from low-income families among participants; and (4) applicant's financial support of the program, including, State, local, and nongovernmental supplementary funds, not only for scholarships but also for other economic incentives such as tax relief (taking local conditions into account). Requires awards to programs in urban and rural areas and in different areas of the Nation. Requires award of annual grants, taking account of availability of appropriations, number and quality of applications, and other appropriate factors. Allows each grant to be for up to four years and to be renewed for an additional four-year period. Requires the following sequence for use of the Federal portion of such a scholarship: (1) for tuition and fees at the school selected by the parents, and for reasonable transportation costs (at the parent's option); (2) if the parent's so choose, for supplementary academic services for the child (up to $500 in cost) from any provider chosen by the parents that the grantee determines is capable to do so and has an appropriate refund policy; and (3) any remaining funds to be used either by the public school the child attends for student academic achievement programs, or, if the child attends private school, by the grantee for additional scholarships. Sets forth the effect of this Act on other programs. Requires a local educational agency to provide to any child in an educational choice program the same services that it would otherwise provide to that child under chapter 1 title I Elementary and Secondary Education Act of 1965 provisions for educationally disadvantaged children. Declares that this Act does not affect specified requirements under the Individuals with Disabilities Education Act. Provides that such scholarships are aid to families, not institutions, so that their expenditure shall not be construed as Federal financial aid or assistance to a school or provider of supplementary academic services. Requires schools or providers of academic services, in order to receive scholarship funds under this Act, to comply with antidiscrimination requirements under specified Federal laws. Directs the Secretary to promulgate regulations to implement this requirement, taking into account the purposes of this Act and the nature, variety, and missions of schools and providers that may participate. Prohibits consideration of Federal funds provided under this Act in Federal, State, or local agency determination of other assistance to such grantees or schools attended. Provides that no State constitution or law shall be construed or applied to prohibit any grantee from: (1) paying administrative costs of a program under this Act; or (2) providing any Federal funds received under this Act to parents for use at a religious or other private institution. Declares that nothing in this Act authorizes the Secretary to exercises direction, supervision, or control over any participating school or educational institution as to curriculum, instructional program, administration or personnel. Directs the Secretary to conduct with specified reserved funds, a national evaluation of the program authorized by this Act. Directs the Secretary to promulgate regulations to enforce this Act. Prohibits such enforcement through a private cause of action.
United States · United States Congress · 8 July 1992
Life Imprisonment for Egregious Recidivists Act of 1992 - 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.
United States · United States Congress · 2 July 1992
Fiscal Accountability and Impact Reform Act (FAIR Act) - States that one purpose of this Act is to assist the Congress in consideration of proposed legislation establishing or revising Federal programs to assure that, to the maximum extent practicable, legislation enacted will: (1) minimize the burden of such legislation on expenditure of scarce local public resources by State and local governments; (2) minimize inefficient allocation of economic resources; and (3) reduce the adverse effect of such legislation on the ability of State and local governments to use local public resources to meet local needs, and on allocation of economic resources, full employment, and international competitiveness. States that a second purpose of this Act is to require Federal agencies to exercise discretionary authority and implement statutory requirements in a manner which, consistent with agency mission and Federal law, minimizes the impact of regulations and other major Federal actions affecting the economy on: (1) the ability of State and local governments to use local public resources to meet local needs; and (2) the allocation of economic resources, full employment, and international competitiveness of American goods and services. Title I: Legislative Reform - Provides that whenever a committee of either House reports a bill to its House which mandates unfunded requirements upon State and local governments or the private sector, the report accompanying that bill shall analyze the effect of the new requirements on: (1) State and local government expenditures necessary to comply with Federal mandates; (2) private businesses; and (3) economic growth and competitiveness. Title II: Agency Impact Analysis - Requires, to the fullest extent practicable, that: (1) the policies, regulations, and public laws of the United States be interpreted and administered in accordance with the purposes of this Act; (2) all Federal agencies, consistent with attainment of the requirements of Federal law, minimize the adverse effects of rules affecting the economy; and (3) Federal agencies take certain actions in promulgating new rules, reviewing existing rules, developing legislative proposals, or initiating any other major Federal action affecting the economy whenever an agency identifies two or more alternatives which will satisfy the agency's statutory obligations. Provides that, whenever an agency publishes a general notice of proposed rulemaking, promulgates a final rule, or before initiating or implementing any other major Federal action affecting the economy, the agency shall prepare and make available for public comment an Economic Impact Assessment. Specifies the contents of such an assessment. Provides for judicial review of final agency actions for compliance with this title.
United States · United States Congress · 2 July 1992
Regulatory Accountability Act of 1992 - Sets forth specific requirements Federal agencies must adhere to in taking any regulatory action. Provides an exemption from certain requirements for regulatory actions for which the President publishes in the Federal Register a statement of waiver that: (1) outlines the reasons for waiving such requirements because of emergency need for such specific regulatory action; and (2) includes a timetable for satisfying remaining requirements as early as possible. Requires the President to provide for independent evaluation of the regulatory process and the effect of regulations on different areas of the economy. Provides funding for such evaluation.
United States · United States Congress · 2 July 1992
Excludes from the determination of income, for purposes of the payment of pension by the Secretary of Veterans Affairs, any future increases made by the State of New York in the monthly amount paid to blind and totally disabled veterans.
United States · United States Congress · 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
World University Games Commemorative Coin Act - Authorizes the minting and issuance of five dollar gold coins and one dollar silver coins (at no net cost to the Government) to commemorate American participation in the World University Games. Requires that all surcharges from the sale of such coins be paid to the Greater Buffalo Athletic Corporation to support amateur athletic programs, erect facilities for the use of such athletes, and to underwrite the cost of sponsoring the World University Games.
United States · United States Congress · 23 June 1992
Urban Entrepreneurial Opportunities Act - Amends the Internal Revenue Code to allow a deduction for equity contributions made by a corporation to an urban entrepreneurial opportunity financing subsidiary of such corporation. Requires the subsidiary to use such contribution in making qualified enterprise zone business loans to qualified small business concerns. Establishes an overall program limitation among the contributing corporations to be allocated by the Secretary of Housing and Urban Development.
United States · United States Congress · 17 June 1992
Calls upon the President to urge the United Nations Security Council to direct the Secretary General of the United Nations to provide a plan and budget for intervention as may be necessary to enforce the Security Council resolutions seeking cessation of hostilities in the former republics of Yugoslavia.
United States · United States Congress · 11 June 1992
Amends the Internal Revenue Code to allow an investment tax credit for domestically produced new business property of ten percent of the qualified investment in such property. Describes such property as: (1) tangible personal property (other than an air conditioning or heating unit); (2) certain other tangible property (not including a building and its structural components); (3) single purpose agricultural or horticultural structures; or (4) a storage facility (not including a building and its structural components) used in connection with the distribution of petroleum or primary petroleum products. Requires such property to be depreciable.
United States · United States Congress · 9 June 1992
Declares that the Congress acknowledges and appreciates the commitment, devotion, and sacrifices of present and former military families. Designates November 23, 1992, as National Military Families Recognition Day.
United States · United States Congress · 4 June 1992
Action Now Health Care Reform Act of 1992 - Title I: Improved Access to Affordable Health Care Coverage - Subtitle A: Increased Affordability and Availability for Employees - Directs the Secretary of Health and Human Services (the Secretary) to request the National Association of Insurance Commissioners (the NAIC) to develop model regulations requiring each carrier that makes available in a State any small employer health benefit plan to make available to each small employer in the State a MedAccess basic plan and a MedAccess standard. Directs the Secretary to develop such regulations, if the NAIC does not. Defines MedAccess plan as a health benefits plan that: (1) provides benefits typical of the benefits offered in the small employer health coverage market or provides only benefits for essential preventive and medical services and has an average actuarial value not exceeding 60 percent of the average actuarial value of the typical benefits offered in the small employer health coverage market; (2) accepts every small employer in the State applying for coverage and accepts for enrollment every eligible individual (defined as an individual who is a full-time employee and, if family coverage is offered, covers the employee's spouse and dependents under age 19 or under age 25 for students); and (3) meets consumer protection standards established by this Act relating to limitation of pre-existing condition clauses, continuity of coverage, renewability, and premium limitations. Prohibits the imposition, by a carrier, of a limitation of benefits based on the fact a condition pre-existed the effectiveness of the policy if: (1) the condition relates to a condition not diagnosed within three months before coverage under the plan; (2) the limitation extends beyond six months after coverage under the plan; (3) the limitation applies to an individual who, as of date of birth, was covered under the plan; and (4) the limitation relates to pregnancy. Requires continuous coverage. Prohibits cancellation of a plan or denial of coverage unless there is: (1) nonpayment of premiums; (2) fraud; (3) noncompliance with plan provisions; (4) failure to maintain the required number of enrollees; (5) misuse of a provider network provision; or (6) a cessation by the carrier of the provision of any plan in a State. Amends the Internal Revenue Code to impose an excise tax which shall be paid by the carrier on the failure of a carrier or an employer health benefit plan to comply with the provisions of the Act. Directs the Secretary to request the NAIC to develop models for reinsurance or allocation of risk mechanisms for individuals and small employers who are enrolled under a small employer health benefit plan that meets the consumer protection standards and for whom a carrier is at risk of incurring high costs under the plan. Requires each State to establish and fund one or more reinsurance or allocation or allocation of risk mechanisms that are consistent with a model. Directs the Secretary to develop models, if the NAIC does not. Permits a State, in order to insure the financial solvency of the mechanism, to impose charges on any entity providing employee-related health benefits, so long as such charges do not discriminate with respect to entities that would not be subject to such charges. Directs the Secretary to establish a reinsurance or allocation of risk mechanism, if a State does not. Imposes an excise tax which shall be paid by the carrier on the providing of any health benefit plan which covers any employee in a Federal reinsurance State. Permits either a State or the Secretary (in a Federal reinsurance State) to require each employer health benefit plan to: (1) be registered; and (2) provide such information as is necessary for the reinsurance or allocation of risk mechanisms. Directs the Secretary to: (1) establish an Office of Private Health Coverage to be headed by a Director appointed by the Secretary; and (2) provide for the appointment of an advisory committee to advise the Director. Permits the Director to research the impact of this subtitle and conduct related demonstration projects. Requires the Director to develop: (1) methods of measuring, in terms of the expected costs of providing benefits under small employer health benefit plans and, in particular, MedAccess plans, the relative health risks of eligible individuals; and (2) a model for equitably distributing health risks among carriers in the small employer health care coverage market. Authorizes appropriations for the purposes of this paragraph. Subtitle B: Improved Small Employer Purchasing Power of Affordable Health Insurance - Preempts from insurance mandates a qualified small employer purchasing group, if the group consists of employers with not more than 100 employees, the group consists of not fewer than 100 employers, and the health benefit plans with respect to the employer members are in compliance with applicable State laws relating to health benefit plans. Subtitle C: Health Deduction Fairness - Amends the Internal Revenue Code to make permanent and increase from 25 to 100 percent the health insurance tax deduction for the self-employed. Subtitle D: Improved Access to Community Health Services - Directs the Secretary to provide for a program of grants to migrant and community health centers receiving grants or contracts under provisions of the Public Health Service Act in order to promote the provision of primary health care services for underserved individuals. Authorizes appropriations. Amends the Public Health Service Act to deem as an employee of the Public Health Service, for purposes of civil actions against commissioned officers or employees, any officer, employee, or contractor who is a physician or other licensed health care practitioner while performing functions for an entity receiving Federal funds under provisions of the Public Health Service Act. Requires an entity, in order to receive a grant under such provisions, to implement certain policies to assure against malpractice. Requires: (1) the Attorney General to estimate the amount of all claims expected, during each year, to arise against such an entity from acts of officers or employees; (2) the Secretary to withhold from grants to such entities the amount estimated; and (3) the withheld amount to be transferred to the Treasury to pay judgments against the United States arising from such claims. Directs the Secretary to make grants to public and nonprofit private entities to carry out demonstration projects for the purpose of increasing access to outpatient primary health services in geographic areas with a: (1) population of not more than 500,000 individuals; (2) shortage of personal health services; and (3) significant number of low-income or underinsured individuals. Sets forth requirements for receiving such grants. Authorizes appropriations. Subtitle E: Improved Access to Rural Health Services - Retitles title XII of the Public Health Service Act "Emergency Medical Services" (formerly, "Trauma Care") and directs the Secretary to establish the Office of Emergency Medical Services which shall, with respect to emergency medical services (including trauma care): (1) conduct research; (2) sponsor workshops; (3) assist States; and (4) coordinate activities. Authorizes the Secretary to make grants to States for the purposes of improving the availability and quality of emergency medical services through the operation of State offices of emergency medical services. Sets forth matching fund requirements. Provides for demonstration projects to establish telecommunications between rural medical facilities and other medical facilities that have equipment that can be utilized through telecommunications. Authorizes appropriations for purposes of the programs of this paragraph. Directs the Secretary to make grants to States to assist in the creation or enhancement of air medical transport systems that provide victims of medical emergencies in rural areas access to treatments for the injuries or other conditions arising from such emergencies. Sets forth requirements for grant applications. Authorizes appropriations. Amends title XVIII (Medicare) of the Social Security Act to extend for one year special treatment rules for Medicare-dependent small rural hospitals. Title II: Health Care Cost Containment and Quality Enhancement - Subtitle A: Medical Malpractice Liability Reform - Prohibits bringing a medical malpractice claim: (1) more than two years after the alleged injury should reasonably have been discovered and in no event more than four years after the alleged injury occurred; and (2) in any State court unless there has been an initial resolution through a certified alternative dispute resolution system (ADR). Requires the use of ADR in a Federal medical malpractice liability claim. Requires a pre-trial settlement conference in any medical malpractice liability action. Sets limits on: (1) noneconomic damages; (2) punitive damages; and (3) attorney's fees. Requires offsets for damages paid by a collateral source. Requires liability in a medical malpractice action to be several and not joint. Provides a complete defense to any allegation of negligence in a medical malpractice liability action to any defendant who followed the appropriate practice guideline. Prohibits finding a defendant guilty in a medical malpractice liability action relating to services provided during labor or delivery of a baby if the defendant did not previously treat the plaintiff during the pregnancy, unless the malpractice is proven by clear and convincing evidence. Directs the Secretary to determine whether a States' ADR meets ADR system requirements established by this Act. Establishes such requirements. Amends title XI (General Provisions and Professional Standards Review) of the Social Security Act to earmark funds for sanctioning practice guidelines for purposes of an affirmative defense in medical malpractice liability actions. Permits a State agency responsible for the conduct of disciplinary actions for a type of health care practitioner to enter into agreements with State or county professional societies for such type of health care practitioner to permit such societies to participate in the licensing of such health care practitioner and to review health care malpractice allegations. Requires each State to require each health care professional and provider to participate in a risk management program to prevent and provide early warning of practices which may result in injuries to patients or which otherwise endanger patient safety. Directs the Secretary to make grants for the conduct of basic research in the prevention of and compensation for injuries resulting from health care professional or health care provider malpractice, and research of the outcomes of health care procedures. Authorizes appropriations. Directs the Secretary to study the factors discouraging physicians from volunteering to provide health care services in medically underserved areas. Subtitle B: Administrative Cost Savings - Directs the Secretary to adopt standards relating to each of the following: (1) data elements for use in claims processing under health benefits plans; (2) uniform claim forms; and (3) uniform electronic transmission of the data elements. Authorizes the Secretary to require providers to submit claims to health benefit plans in accordance with such standards. Provides for periodic review of the standards. States that the term "health benefit plan," in this subtitle, includes the Medicare and Medicaid programs (titles XVIII and XIX of the Social Security Act). Requires the Secretary to promulgate standards for hospitals concerning electronic medical data. Permits the Secretary to promulgate standards concerning electronic medical data for providers that are not hospitals. Requires hospitals, in order to participate in Medicare, to: (1) maintain clinical data in a set of comprehensive data elements in electronic form on all patients; and (2) upon the Secretary's request, transmit electronically the data set and any data from such set. Provides for electronic transmission to Federal agencies. Prohibits a health benefit plan, if standards with respect to data elements are promulgated with respect to a class of provider, from requiring for the purpose of utilization review or as a condition of providing benefits under the plan that a provider in the class: (1) provide any data element not in the set of comprehensive data elements; or (2) transmit or present any such data element in a manner inconsistent with applicable standards. Directs the Secretary to establish an advisory commission of hospital executive and data base managers, physicians, health services researchers, and technical experts in the collection and use of data and operation of data systems. Authorizes appropriations for such commission. Requires the Secretary, in order to assure the availability of comparative value information to purchasers of health care in each State, to determine whether each State is developing and implementing a health care value information program that meets stated criteria. Permits grants to a State for the development of its health care value information program. Authorizes appropriations for such grants. Requires the head of each Federal agency with responsibility for the provision of health insurance or health care services to individuals to promptly develop health care value information relating to each program that such head administers. Directs the Secretary to develop model systems to facilitate: (1) the gathering of data on health care cost, quality, and outcome; and (2) analyzing such data to permit the valid comparison of such data. Authorizes appropriations for the development of such model systems. Directs the Secretary to adopt standards relating to the design and use of magnetized Medicare identification cards for the purpose of assisting health care providers in determining eligibility and billing. Authorizes appropriations. Nullifies any State law requiring that medical or health insurance records be maintained in written rather than electronic form. Requires each health benefit plan: (1) for each of its beneficiaries that has a social security number, to use that number as an identification number for claims processing; and (2) for each provider that has a unique identifier for Medicare purposes, to use that identifier for claims processing. Requires the Secretary to determine whether problems relating to the rules for determining liability when benefits are payable under two or more plans or the availability of information among such plans causes significant administrative problems, and if so, directs the Secretary to promulgate standards concerning liability and the transfer of information among plans. Directs the Secretary to provide grants to qualified entities to demonstrate the application of comprehensive information systems in continuously monitoring patient care and in improving patient care. Authorizes appropriations from the Federal Hospital Insurance Trust Fund. Subtitle C: Medical Savings Accounts (Medisave) - Amends the Internal Revenue Code to exclude from the gross income of an employee any amount contributed by the employer to a medical savings account pursuant to a qualified medical savings account plan. Sets contribution limits. Defines a "medical savings account" as a trust created exclusively for purpose of paying an individual's medical expenses. Permits expenses from such account only to the extent such amounts are not compensated for by insurance. Subjects the employee to taxation as owner of the account. Subtitle D: Medicaid Program Flexibility - Amends title XIX (Medicaid) of the Social Security Act to modify Medicaid contracting requirements for coordinated care services. Authorizes the Secretary to waive specified Medicaid requirements with respect to nursing facilities located in a State if the State provides assurances satisfactory to the Secretary that the waiver of such requirements will not adversely affect the quality of life of the residents in such facilities. Subtitle E: Limitations on Physician Self-Referrals - Amends title XVIII (Medicare) of the Social Security Act to extend physician self-referral limitations to all payors as well as to certain additional services. Revises exceptions. Requires the Secretary to conduct a study in order to estimate the changes in aggregate costs for designated health services, under the Medicare program and other health plans, which will result from the implementation of the amendments made by this subtitle. Subtitle F: Removing Restrictions on Managed Care - Preempts managed care restrictions under State law. Requires the Comptroller General to conduct a study of the benefits and cost effectiveness of the use of managed care in the delivery of health services. Subtitle G: Medicare Payment Changes - Amends the Medicare program to make revisions in the methodology for determining updates to Medicare hospital payments. Provides for a reduction in Medicare payment for clinical diagnostic laboratory tests. Subtitle H: Modification of the Operation of the Antitrust Laws to Hospitals - Permits two or more hospitals, without violating the antitrust laws, to share expensive medical services or high technology equipment. Directs the Secretary to grant waivers to exempt hospitals from the antitrust laws in order to carry out agreements permitting such sharing. Sets forth reporting requirements. Subtitle I: Encouraging Enforcement Activities of Medical Self-Regulatory Entities - Prohibits damages, interest on damages, costs, or attorney's fees from being recovered under the Clayton Act or any similar State law from any medical self-regulatory entity as a result of engaging in standard setting or enforcement activities designed to promote the quality of health care provided to patients.
United States · United States Congress · 3 June 1992
United States - China Act of 1992 - Prohibits the President from recommending for a 12-month period in 1993 continuation of a waiver of human rights and emigration requirements for nondiscriminatory treatment (most-favored-nation treatment) for China under the Trade Act of 1974 unless a specified report is submitted to the Congress stating that China has accounted for and released prisoners who dissented in Tiananmen Square and in other parts of China on June 3 and 4, 1989, and made progress in: (1) preventing gross violations of internationally recognized human rights, including workers' rights, in China and Tibet; (2) preventing exports of products made by prison labor, and allowing U.S. officials and international organizations to inspect such places of detention; (3) terminating religious persecution in China and Tibet and releasing religious leaders incarcerated as a result of the expression of their religious beliefs; (4) removing restrictions in China and Tibet on freedom of the press and on broadcasts by the Voice of America; (5) terminating harassment of Chinese citizens in the United States (including refusal to return or renew passports as retribution for prodemocracy activities); (6) ensuring access to prisoners of international human rights monitoring groups; (7) ensuring freedom from torture and in humane prison conditions; (8) terminating prohibitions on peaceful assembly imposed after June 3, 1989; (9) committing to engage in high-level discussions on human rights issues; (10) adhering to the Joint Declaration on Hong Kong; (11) providing adequate protection of U.S. patents, copyrights, and other intellectual property rights, and implementing the Memorandum of Understanding Between the Government of the People's Republic of China and the Government of the United States of America on the Protection of Intellectual Property; (12) providing U.S. exporters access to Chinese markets, including lowering tariffs, removing nontariff barriers, and increasing the purchase of U.S. goods and services; (13) ceasing unfair trade practices which burden or restrict U.S. Commerce; (14) adopting a national policy which adheres to the Missile Technology Control Regime and the controls of the Nuclear Suppliers Group and the Australia Group on chemical and biological arms proliferation; and (15) assuring that it is not assisting any nonnuclear weapons state in acquiring nuclear explosive devices. Requires the President, if he recommends such extension, to include in a specified document submitted to the Congress a report on China's progress in meeting the above-mentioned objectives. Requires such report also to include, but not be limited to, progress made by China and Tibet with regard to specified human rights. Grants nondiscriminatory treatment to products of nonstate-owned enterprises in China.
United States · United States Congress · 3 June 1992
Rural Community Environmental Assistance Act of 1992 - Amends the Federal Water Pollution Control Act to extend the authorization of appropriations for State water pollution control revolving funds through FY 2000. Requires each State to establish a rural community environmental assistance account in such fund and to deposit at least 25 percent of the amount of the grant received for the establishment of the fund into such account. Permits monies in such accounts to be used only for the construction of wastewater treatment works and public water systems in economically distressed rural communities, subject to certain loan and grant conditions. Requires States to determine the amount of interest to be charged on loans and to establish grant eligibility criteria. Permits assistance to be provided only if: (1) the wastewater treatment works is consistent with planning requirements under the Federal Water Pollution Control Act; and (2) the public water system is approved by the State agency with primary enforcement authority under the Safe Drinking Water Act. Requires States, in providing such assistance, to give priority to an economically distressed rural community in which: (1) there is a need for collector sewers and interceptors to improve access to wastewater treatment facilities; (2) residents rely on inadequate wastewater treatment facilities or drinking water systems that are determined by public health officials to be a hazard; or (3) residents rely on public water systems which do not meet requirements of the Safe Drinking Water Act. Authorizes States to provide such assistance for eligible innovative projects only after conducting a cost-benefit analysis. Requires States to submit plans for the intended uses of amounts in rural community environmental assistance accounts to the Administrator of the Environmental Protection Agency. Requires the Administrator to approve or disapprove such plans. Reserves one percent of funds in such accounts per fiscal year for planning activities. Permits the submission of a plan only if it has been approved by a State Rural Environmental Infrastructure Advisory Panel. Requires such panels to assist in plan preparation, review, and approval. Sets forth accounting and auditing requirements. Withholds payments from States that fail to comply with requirements for rural community environmental assistance accounts. Directs the Administrator to: (1) make grants to regional, State, and local agencies and not-for-profit organizations to assist economically distressed rural communities by providing technical assistance for the financing, operation, and maintenance of wastewater treatment works and public water systems; and (2) set aside a specified percentage of appropriations for such grants.
United States · United States Congress · 3 June 1992
Bankruptcy Amendments of 1992 - Amends Federal bankruptcy law to raise to $1 million the ceiling on debts for eligibility to file as a chapter 13 debtor (bankrupt consumer repayment of debt under court supervision). (Currently the ceiling is $100,000 for unsecured debts, or $350,000 for certain secured debts.) Modifies the guidelines for: (1) chapter 13 bankruptcies; (2) automatic stays; (3) exemptions; (4) discharges; and (5) preferences. Directs the Administrative Office of the United States Courts to compile and make available to the public statistical information regarding bankruptcy cases.
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
Withdraws most favored nation status from the Federal Republic of Yugoslavia. Authorizes the President to restore such status after he certifies to the Congress that: (1) such treatment would promote compliance with the provisions of the Final Act of the Conference on Security and Cooperation in Europe; and (2) Yugoslavia has ceased its armed conflict with the other ethnic peoples of the region, and has agreed to respect the borders of the six republics, that formerly comprised the Socialist Federal Republic of Yugoslavia.
United States · United States Congress · 21 May 1992
Adds a new chapter to Federal veterans' benefits provisions entitled "Veterans' Job Training." Directs the Secretary of Veterans Affairs (Secretary) and, to the extent specifically provided, the Secretary of Labor to carry out a program to assist eligible veterans in obtaining employment through participation in programs of significant training for employment in stable and permanent positions. Requires the program to be carried out through payments to employers who employ and train eligible veterans in such positions. Uses such payments to assist such employers in defraying the costs of necessary training. Authorizes the Secretary to contract or make agreements with State approving agencies (SAAs) to carry out the duties of the Secretary under this chapter, and to pay appropriate expenses. Directs each SAA to report to the Secretary a certification as to the expenses incurred. Requires the Assistant Secretary of Labor for Veterans' Employment and Training to assist the Secretary of Labor in carrying out this chapter. Makes eligible for such job training programs veterans who: (1) are unemployed at the time of application; (2) have been so unemployed for at least ten of the 15 weeks prior to such application; (3) submit an application for such program within four years after discharge or release or four years after enactment of this Act, whichever is later; (4) were discharged on or after August 2, 1990; (5) served on active duty for more than 90 days; (6) are entitled to disability compensation (or who, but for the receipt of military retired pay, would be so entitled) for a disability rated at 30 percent or more; and (7) were discharged or released from active duty due to a service-connected disability. Outlines application requirements for a veteran who wishes to participate in such a program. Authorizes the Secretary to withhold approval of such applications when determined necessary due to limited funds available for the program. Directs the Secretary to furnish to veterans approved for the program a certificate of eligibility for presentation to an employer within 180 days. Limits to 15 months the maximum period of training for which assistance may be provided on behalf of a veteran under this chapter. Requires an employer, in order to be approved under the job training program, to provide training for no less than 12 months in an occupation in a growth industry or in an occupation requiring the use of new technological skills. Allows for a training program of at least six months when the purpose of this chapter would be met by such program. Provides for the approval of appropriate employer job training programs. Prohibits the approval by the Secretary of job training programs for employment: (1) consisting of seasonal, intermittent, or temporary jobs; (2) under which commissions are the primary income source; (3) which involves political or religious activities; (4) with any Federal department or agency; or (5) outside of the State. Outlines application requirements for the approval of job training programs of an employer under this chapter. Authorizes the Secretary to withhold the approval of an employer's proposed program pending the outcome of an investigation as to whether all application requirements have been met. Provides for payments to employers for approved job training programs provided to qualifying veterans under this chapter. Places certain per-veteran limits on the amount of such payments. Requires pro rata repayment by an employer for unfulfilled periods of job training or employment under the program. Requires an employer to certify to the Secretary the appropriate training and employment of a veteran before receiving such payments. Requires all requests for such payments to be made within two years from the date on which the job training ends. Outlines conditions of employer noncompliance under a job training program under which payments made shall be considered an overpayment due to the United States. Requires an employer to notify the Secretary of its intention to employ such veteran, and allows the veteran to begin such program within two weeks after such notification unless approval is withheld or denied by the Secretary. Authorizes an employer to enter into an agreement with an educational institution that has been approved for the enrollment of veterans under which the institution provides the program of job training to eligible veterans. Requires an employer's application to state such intention. Authorizes the Secretary to immediately disapprove further participation by veterans in a program when the Secretary finds that such previously-approved program fails to meet any of the requirements under this chapter. Requires the Secretary to notify the employer and veteran so affected, and to provide the opportunity for a hearing on such disapproval. Directs the Secretary to disapprove future participation by veterans in a program under which the Secretary determines that the rate of veterans' successful completion of an employer's programs is disproportionately low due to deficiencies in the quality of the programs. Requires the Secretary to take into account certain data in making such determination. Requires employer notification and opportunity for a hearing in such cases. Requires to be available the records and accounts of employers pertaining to veterans' job training programs approved under this chapter. Authorizes the Secretary to: (1) monitor employers and veterans participating in such programs to determine compliance; (2) investigate any matter necessary to determine compliance with program requirements; and (3) administer such monitoring and investigative functions via an agreement between the Secretary and the Secretary of Labor for the performance of such functions by the Department of Labor. Prohibits an employer from being paid training assistance on behalf of a veteran under this chapter during any period of time in which the employer receives any other form of assistance on account of the training or employment of the veteran, including assistance under the Job Training Partnership Act, or when the employer receives a tax credit for the employment of certain new employees. Directs the Secretary and the Secretary of Labor, upon request, to provide employment counseling services to eligible veterans in order to assist such veterans in selecting a suitable job training program under the chapter. Directs the Secretary of Labor to provide a program under which: (1) a disabled veteran's outreach program specialist is assigned as a case manager for each veteran participating in a job training program; (2) the veteran has an interview with the case manager within 60 days after entering into a program; and (3) periodic (at least monthly) contact is maintained with each veteran in order to aid such veteran in successfully completing his or her program. Outlines situations in which the assignment of a case manager may be waived. Directs the Secretaries to jointly provide a program of counseling designed to resolve difficulties encountered by veterans during their training. Directs the Secretaries to jointly provide for an outreach and public information program to inform: (1) veterans of available employment and job training opportunities; and (2) private industry and business concerns, public agencies and organizations, educational institutions, trade associations, and labor unions about available job training opportunities. Directs the Secretary of Labor to promote the development of employment and job training opportunities for veterans by: (1) encouraging potential employers to make job training programs available to veterans; (2) advising other appropriate Federal departments and agencies of the program established under this chapter; and (3) advising employers of applicable responsibilities with respect to veterans. Requires coordination of the outreach and public information program with similar Federal programs and programs of public agencies and organizations. Directs the Secretary of Labor, in carrying out his responsibilities under this chapter, to utilize the services of various directors, assistant directors, specialists, and local employees employed in areas related to veterans' employment and training. Directs the Secretary of Labor to request and obtain from the Administrator of the Small Business Administration a list of small business concerns, and to update such list. Directs each Secretary to assist veterans and employers in making and completing applications and certifications required under this chapter. Directs the Secretary of Labor, at least quarterly, to collect and compile from employment services and directors of veterans' employment and training information concerning the number of veterans who receive employment and training counseling, who are referred to employers, who participate in job training, and who complete programs, or the reasons for noncompletion. Authorizes appropriations for FY 1993 through 1995 for making payments to employers under this chapter. Limits to 2.5 percent of such authorized appropriations the amount to be used for administration. Prohibits assistance from being paid to an employer under this chapter: (1) on behalf of a veteran who initially applies for a job training program after September 30, 1995; or (2) for any program which begins after March 31, 1996.
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.
![Official portrait of Rep. Solomon, Gerald B. H. [R-NY-22]](https://www.congress.gov/img/member/s000675_200.jpg)