United States · United States Congress · 5 January 1993
Federal Employees Political Activities Act of 1993 - Prohibits an employee from using or attempting to use official authority or influence to interfere with or affect the result of any election. Prohibits the use of official authority to intimidate, threaten, coerce, or influence: (1) any individual for the purpose of interfering with the right to vote or not to vote for any candidate or measure in any election; (2) any person to give or withhold any political contribution; or (3) any person to engage, or not to engage, in any form of political activity. Prohibits an employee from: (1) giving or offering to give a political contribution to any individual either to vote or to refrain from voting; (2) soliciting, accepting, or receiving a political contribution to vote or refrain from voting; or (3) giving or handing over a political contribution to a superior. Prohibits an employee from soliciting, accepting, or receiving a political contribution: (1) from another employee (or a member of another employee's immediate family) with respect to whom the employee is a superior; or (2) in any room or building occupied in the discharge of official duties by a Federal employee, official, or contractor. Prohibits an employee from getting involved with political contributions with any person who: (1) has, or is seeking to obtain, contractual or other business relations with the employing agency; (2) conducts operations regulated by that agency; or (3) has interests which may be substantially affected by the performance of the employee's official duties. Prohibits an employee from engaging in political activity: (1) while on duty; (2) in any room or building occupied in the discharge of official duties by a Federal employee or official; (3) while wearing a uniform or official insignia identifying the office or position of the employee; or (4) while using any vehicle owned or leased by the Government. Exempts certain high level political appointees from such prohibitions if the costs associated with the political activity are not paid for by money derived from the Treasury. Authorizes leave without pay or accrued annual leave to an employee who is a candidate, upon request, to allow such employee to engage in activities relating to that candidacy. Applies this Act to postal employees and employees of the Postal Rate Commission.
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 Part A Title II: Provisions Relating to Part B Subtitle A: Physicians' Services Subtitle B: Ambulatory Surgical Services Subtitle C: Durable Medical Equipment Subtitle D: Other Provisions Title III: Provisions Relating to Parts A and B Title IV: Provisions Relating to Medicare Supplemental Insurance Policies Miscellaneous and Technical Medicare Amendments of 1993 - Amends title XVIII (Medicare) of the Social Security Act (SSA) parts A (Hospital Insurance) and B (Supplementary Medical Insurance). Title I: Provisions Relating to Part A - (Sec. 101) Requires the Secretary of Health and Human Services (HHS) to use the day outlier methodology in effect for: (1) FY 1992 for payment of discharges occurring on or after April 1, 1993, and before September 30, 1993; and (2) the first six months of FY 1993 for payment of discharges occurring during FY 1994. (Sec. 102) Modifies the Essential Access Community Hospital program. (Sec. 103) Provides that a change in classification of hospitals from one area to another may not result in a reduction in the wage index for an urban area under certain circumstances. (Sec. 104) Amends the Omnibus Budget Reconciliation Act of 1987 (OBRA-1987) to extend authorized appropriations for the rural health transition grant program. (The Omnibus Budget Reconciliation Acts of different years amended by this Act shall be denoted "OBRA-(year).") (Sec. 105) Permits hospitals to decline reclassification from rural to urban referral centers. (Sec. 106) Revises Medicare-dependent, small rural hospital payment provisions. (Sec. 107) Amends OBRA-1989 to extend additional Medicare payments for the hemophilia clotting factor. (Sec. 108) Prohibits the Secretary from recouping from or otherwise reducing Medicare payments to hospitals in New Jersey because of alleged overpayments during a hospital reimbursement demonstration project, until all relevant data are given to the State and hospitals located in it. (Sec. 109) Allows the care of hospital inpatients receiving qualified psychologist services to be supervised by a clinical psychologist to the extent such supervision is permitted under State law. (Sec. 110) Allows graduate medical education to be provided in a hospital-owned community health center. (Sec. 111) Requires a study on the feasibility and desirability of establishing joint medical facilities among the Department of Defense, the Department of Veterans' Affairs, and other public and private entities. (Sec. 112) Requires home health agencies and skilled nursing facilities to notify Medicare beneficiaries of the hospice benefit, except in certain circumstances. (Sec. 113) Directs the Secretary to begin collecting data on employee compensation and paid hours of employment in skilled nursing facilities (SNFs) to compute a wage index to adjust Medicare SNFs payments. (Sec. 115) Amends OBRA-1990 to require the Secretary to continue any rural hospital demonstration project at least through December 31, 1995. Title II: Provisions Relating to Part B - Subtitle A: Physicians' Services - (Sec. 201) Reinstates separate payment for electrocardiogram interpretations performed or ordered to be performed as part of or in conjunction with a visit to or consultation with a physician. (Sec. 202) Repeals provisions for reduced Medicare payments to new physicians and other practitioners during their first four years of practice. (Sec. 203) Prohibits the Secretary from modifying the methodology for determining the amount of time that may be billed under Medicare for anesthesia services. (Sec. 204) Requires the Secretary to study and report to specified congressional committees on the data necessary to review and revise geographical indices. (Sec. 205) Prohibits nonparticipating physicians and suppliers from billing or collecting an actual charge in excess of the Medicare limiting charge. (Sec. 206) Requires the Secretary to study, develop, and report to the Congress on relative values for pediatric services. (Sec. 208) Prohibits the Secretary and carriers from imposing user fees. Subtitle B: Ambulatory Surgical Services - (Sec. 211) Extends eligibility for designation as eye or eye and ear hospitals to certain hospitals. (Sec. 212) Amends OBRA-1990 to extend the cap on payments for intraocular lenses. Subtitle C: Durable Medical Equipment - (Sec. 221) Requires the Secretary to prescribe national standards which suppliers of medical equipment and supplies must meet to receive payment under Medicare for items furnished. (Sec. 222) Prohibits carrier forum shopping by suppliers filing claims. (Sec. 223) Prohibits unsolicited telephone contacts from suppliers of durable medical equipment to Medicare beneficiaries. (Sec. 224) Modifies SSA anti-kickback provisions. (Sec. 225) Specifies the circumstances under which Medicare beneficiaries are not liable for covered items furnished by suppliers on an unassigned basis. (Sec. 226) Revises special payment rules for particular items and services to provide for adjustments to final payment amounts for inherent reasonableness. (Sec. 227) Freezes reasonable charges for parenteral and enteral nutrients, supplies, and equipment. (Sec. 228) Removes aspirators and nebulizers from the category of durable medical equipment (DME) items requiring frequent and substantial servicing and includes accessories relating to aspirators and nebulizers in the category of inexpensive and other routinely purchased equipment. (Sec. 229) Adds payment rules for ostomy supplies, tracheostomy supplies, urologicals, and surgical dressings. (Sec. 230) Changes payment rates for tens devices. Subtitle D: Other Provisions - (Sec. 241) Revises payment conversion factors for services furnished by a medically directed certified registered nurse anesthetist. (Sec. 242) Amends OBRA-1990 to extend Alzheimer's disease demonstration projects. (Sec. 243) Modifies the limitation on the late enrollment penalty. (Secs. 244 and 245) Provides for Medicare coverage of: (1) oral cancer drugs that contain the same active ingredients as anticancer drugs covered by Medicare when administered intravenously; and (2) speech-language pathology and audiology services. (Sec. 246) Amends OBRA-1985, as amended by OBRA-1989, to extend municipal health service demonstration projects. (Sec. 247) Treats certain Indian health programs and facilities as federally-qualified health centers. (Sec. 248) Amends OBRA-1987 to extend the influenza vaccination demonstration project. Title III: Provisions Relating to Parts A and B - (Sec. 301) Modifies provisions relating to physician ownership and referral. Requires the Comptroller General to study and report to the Congress on shared facility arrangements. (Sec. 302) Adjusts procedures to determine graduate medical education costs. (Sec. 303) Extends the periods during which Medicare covers immunosuppressive drug therapy following a transplant procedure. Reduces Medicare payments for erythropoietin. (Sec. 304) Revises provisions with respect to Medicare secondary payers. (Secs. 305 and 306) Requires the Secretary to: (1) establish a method for obtaining information with a view to Medicaid payment of the Medicare out-of-pocket expenses of eligible Medicare beneficiaries; and (2) extend waivers for social health maintenance organization (HMO) demonstration projects. (Sec. 307) Repeals peer review organization precertification requirements for certain surgical procedures. (Sec. 308) Modifies hospital conditions of participation with respect to discharge planning under Medicare to require informing a patient of his or her entitlement to hospice services. (Sec. 309) Provides that there must be interest payments on clean claims if the claims are not paid within 30 days of receipt. (Sec. 311) Amends the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) to adjust discretionary spending limits with respect to Medicare administrative costs. (Sec. 312) Adjusts Medicare capitation payments with respect to HMOs to account for regional variations in application of the secondary payor provisions. (Sec. 313) Amends the Employee Retirement Income Security Act of 1974 with regard to certain health care programs of the State of Hawaii. Title IV: Provisions Relating to Medicare Supplemental Insurance Policies - (Sec. 401) Revises certain standards for Medicare supplemental insurance policies.
United States · United States Congress · 5 January 1993
Amends the National Labor Relations Act and the Railway Labor Act to prohibit permanent replacement of strikers. Amends the National Labor Relations Act to make it an unfair labor practice for an employer to promise, threaten, or take other action to hire a permanent replacement for an employee who: (1) at the beginning of a labor dispute was in a bargaining unit in which a labor organization either was the certified or recognized exclusive representative or had filed, at least 30 days before such dispute began, a petition for a representational election on the basis of written authorizations by a majority of unit employees and the National Labor Relations Board (NLRB) has not completed the representation proceeding; and (2) in connection with that dispute has engaged in concerted activities for collective bargaining or other mutual aid and protection through that labor organization. Makes it an unfair labor practice for an employer to withhold or deny any other employment right or privilege to such an employee as described above who is working for or has unconditionally offered to return to work for the employer, out of preference for any other individual based on that individual's performing, having performed, or having indicated a willingness to perform bargaining unit work for the employer during the dispute. Amends the Railway Labor Act to prohibit any carrier or its officer or agent from offering or granting: (1) permanent replacement employee status in a craft or class during a labor dispute; or (2) any employment preference to an individual who worked or indicated a willingness to work in a craft or class during a labor dispute over an employee who exercised specified rights during such dispute and who is working for, or has unconditionally offered to return to work for, the carrier.
United States · United States Congress · 5 January 1993
Freedom of Choice Act of 1993 - Provides that a State may not restrict the right of a woman to choose to terminate a pregnancy: (1) before fetal viability; or (2) at any time, if such termination is necessary to protect the life or health of the woman. Allows a State to impose requirements medically necessary to protect the life or health of such women. Declares that this Act shall not be construed to prevent a State from: (1) requiring minors to involve responsible adults before terminating a pregnancy; and (2) protecting individuals from having to participate in abortions to which they are conscientiously opposed.
United States · United States Congress · 5 January 1993
Legislative Line Item Veto Act of 1993 - Amends the Congressional Budget and Impoundment Control Act of 1974 to grant the President legislative line item veto rescission authority. Makes such a rescission effective unless the Congress, during a review period of 20 calendar days, enacts a rescission disapproval bill.
United States · United States Congress · 5 January 1993
TABLE OF CONTENTS: Title I: General Requirements for Leave Title II: Leave for Civil Service Employees Title III: Commission on Leave Title IV: Miscellaneous Provisions Title V: Coverage of Congressional Employees Family and Medical Leave Act of 1993 - Title I: General Requirements for Leave - Establishes certain requirements for family and medical leave for permanent employees. (Sec. 101) Makes employees eligible for such leave if they have been employed, by the employer from whom leave is sought, for at least: (1) 12 months; and (2) 1,250 hours of service during the previous 12-month period. (Excludes from such coverage: (1) employees at worksites at which the employer employs less than 50 persons, if the total number of employees of that employer within 75 miles of that worksite is less than 50; and (2) Federal officers and employees covered under title II of this Act.) (Sec. 102) Entitles employees to 12 workweeks of leave during any 12-month period because of: (1) the birth of their child; (2) the placement of a child for their adoption or foster care; (3) their care of a child, spouse, or parent who has a serious health condition; or (4) their own serious health condition which makes them unable to perform the functions of their position. Conditions such leave for the birth or placement of a child as follows: (1) the entitlement ends 12 months after the birth or placement; and (2) such leave may not be taken intermittently unless employee and employer agree otherwise. Allows intermittent leave for necessary medical treatment of an employee or family member. Allows the employer to require a temporary transfer to an equivalent alternative position that better accommodates such intermittent leave. Allows all leave under this title to: (1) be taken on a reduced leave schedule, upon agreement with the employer; and (2) consist of unpaid leave, except under specified conditions when substitution of certain types of paid leave may be elected or required. Does not require an employer to provide paid sick or medical leave in any situation in which the employer would not normally provide any such paid leave. Requires employees to: (1) give at least 30 days' notice of the need for leave to which they are entitled under this Act, when foreseeable; and (2) make a reasonable effort to schedule medical treatment or supervision so as not to disrupt unduly the employer's operations, subject to approval of the health care provider. Allows limitation of the dual aggregate leave entitlement to 12 weeks in any 12-month period, in the case of spouses employed by the same employer, if such leave is for the birth or placement of a child or for the care of a sick parent. (Sec. 103) Sets forth conditions of certification for leave entitlements under this Act. (Sec. 104) Requires restoration of the employee to his or her position or an equivalent position upon return from such leave. Allows an employer to deny such restoration to certain highly compensated employees, under specified conditions (the highest paid ten percent of the employer's employees within a 75-mile radius of a facility; the denial must be necessary to prevent substantial and grievous economic injury to the employer's operations). Requires maintenance of employee health benefits during such leave. (Sec. 105) Prohibits interference with or discrimination against employees exercising rights under this title. (Sec. 106) Sets forth the investigative authority of the Secretary of Labor under this title. (Sec. 107) Provides for enforcement of this Act. Provides for administrative and civil actions. Makes an employer who violates this title's prohibitions against interference or discrimination liable for damages in the amount of: (1) any wages, salary, employment benefits, or other compensation denied or lost; (2) (where such compensation has not been denied or lost) any actual monetary losses, such as the cost of providing care; (3) interest on such losses; and (4) liquidated damages under certain conditions. Makes such employers also liable for appropriate equitable relief, including, without limitation, employment, reinstatement, and promotion. Sets forth provisions for attorney's fees, limitation of actions, and injunctions. (Sec. 108) Sets forth special rules concerning employees of local educational agencies and of private elementary and secondary schools. (Sec. 109) Sets forth requirements for posting notice and for fines. (Sec. 110) Directs the Secretary of Labor to prescribe regulations to carry out this title. Title II: Leave for Civil Service Employees - (Sec. 201) Entitles eligible civil service employees to family and temporary medical leave for specified periods. Allows up to 12 administrative workweeks of leave without pay (or substituted paid leave) in any 12-month period for: (1) family leave (i.e., leave because of the birth or placement of a child or care of a sick spouse, child, or parent); or (2) temporary medical leave for a serious health condition that makes the employee unable to perform the functions of their position. Sets forth: (1) requirements for employees to give prior notice; (2) certification provisions; (3) protections for job position and health insurance benefits; and (4) prohibitions against coercion. Requires the Office of Personnel Management to prescribe regulations for this title which are consistent with the regulations prescribed by the Secretary of Labor under title I of this Act. Title III: Commission on Leave - (Sec. 301) Establishes the Commission on Leave. (Sec. 302) Requires the Commission to conduct a comprehensive study of: (1) existing and proposed leave policies; (2) the potential costs, benefits, and impact on productivity of such policies on employers; and (3) alternative and equivalent State enforcement of this Act with respect to employees of local educational agencies and private schools. Requires the Commission to report on such study to the Congress within two years after the Commission first meets. (Sec. 306) Terminates the Commission within 30 days after its report to the Congress. Title IV: Miscellaneous Provisions - (Sec. 401 and Sec. 402) Sets forth the effect of this Act on other laws and existing employment benefits. (Sec. 403) Provides that nothing in this Act shall be construed to discourage employers from adopting more generous leave policies. (Sec. 404) Directs the Secretary of Labor to prescribe regulations to carry out this title (except those provisions applicable to the Senate) within 60 days. Title V: Coverage of Congressional Employees - (Sec. 501) Applies the rights and protections established under specified provisions of title I of this Act to Senate employees. Makes specified provisions of the Government Employee Rights Act of 1991 applicable, with certain exceptions. Provides that allegations shall be considered by the Office of Senate Fair Employment Practices or another entity designated by the Senate. Requires such Office to ensure that Senate employees are informed of their rights under this Act. (Sec. 502) Applies the rights and protections under title I of this Act to employees of the House of Representatives, except for the exemption concerning highly compensated employees. Requires that the remedies and procedures under the Fair Employment Practices Resolution be applied in administering such coverage.
United States · United States Congress · 5 January 1993
TABLE OF CONTENTS: Title I: Supervisory Reforms Title II: Nonsupervisory Reforms Subtitle A: Expedited Funds Availability and Electronic Transfers Subtitle B: Amendments to the Truth in Lending Act Subtitle C: Homeownership Amendments Depository Institution Burden Relief Act of 1993 - Title I: Supervisory Reforms - (Secs. 101-105) Amends the Federal Deposit Insurance Act to modify the guidelines governing: (1) the coordination of Federal and State examinations and reporting requirements for insured depository institutions; (2) the consolidation of requisite reports by a depository institution holding company for its capital-efficient insured depository institution subsidiaries; (3) the non-applicability to capital-efficient depository institutions of certain financial status reports for the early identification of needed improvements; and (4) the submission of duplicative information to Federal banking supervisory agencies. (Sec. 106) Prohibits a Federal banking agency from requiring an insured depository institution to submit information unrelated to either its safety or soundness, its insured deposits, or its reserve requirements. (Sec. 107) Limits the information that a capital-efficient insured depository institution must include in its federally required financial status report. (Secs. 108-109) Exempts from certain regulatory standards capital-efficient insured depository institutions and insured depository institutions which received an "outstanding rating for meeting community credit needs". (Sec. 110) Sets forth guidelines for each Federal banking agency to review and report to the Congress on needless burdens imposed by the Federal banking regulatory scheme. (Sec. 111) Amends the Federal Reserve Act to repeal the statutory scheme with respect to interbank liabilities. (Sec. 112) Amends the Federal Deposit Insurance Act to set forth expedited approval procedures under which capital-efficient State banks may engage in specified activities. (Sec. 113) Amends the Community Reinvestment Act (CRA) to set forth self-certification procedures for certain regulated financial institutions in good standing. Permits Federal financial supervisory agencies to accept in satisfaction of CRA requirements State examinations conducted pursuant to comparable community reinvestment laws. Declares that a comprehensive examination of performance shall only be conducted if a Federal regulatory agency is not satisfied that credit is being extended throughout the community in a nondiscriminatory manner. (Sec. 114) Exempts specified banks from the purview of the CRA. (Sec. 115) Amends the Federal Deposit Insurance Act to modify the assessment base guidelines for deposit insurance premiums. (Sec. 116) Mandates that certain Federal banking regulations be accompanied with a detailed statement about their economic impact upon small banks and savings associations. (Sec. 117) Mandates that each Federal banking regulatory agency establish a separate Office of Regulatory Quality to monitor its examination activities. (Sec. 118) Limits the frequency of routine examinations of insured depository institutions except those for safety and soundness. (Secs. 119-121) Amends the Bank Holding Company Act of 1956 to modify the guidelines for: (1) certain reorganizations of banks into holding companies; and (2) certain bank holding companies seeking approval to engage in specified nonbanking activities. (Sec. 122) Amends Federal law regarding monetary instruments transactions to direct the Secretary of the Treasury to: (1) review annually all regulations pertaining to monetary instruments transaction requirements seeking public comment; and (2) publish all written rulings interpreting such law, as well as staff commentaries. (Sec. 123) Amends the Federal Reserve Act to modify the aggregate limits on insider lending for specified small banks. Title II: Nonsupervisory Reforms - Subtitle A: Expedited Funds Availability and Electronic Transfers - (Sec. 201) Amends the Expedited Funds Availability Act to: (1) modify the availability schedules for both depository institution accounts and new accounts; and (2) authorize the Board to establish rules for losses and liability among the States and their political subdivisions in connection with any aspect of the payment system. Subtitle B: Amendments to the Truth in Lending Act - (Sec. 211) Amends the Truth in Lending Act to: (1) exempt from its purview credit transactions involving consumers whose income or net worth exceeds specified thresholds; and (2) modify its information disclosure guidelines. Subtitle C: Homeownership Amendments - (Sec. 221) Amends the Home Mortgage Disclosure Act of 1975 to modify the total assets criterion used to exempt depository institutions from its purview. (Sec. 222) Amends the Housing and Urban Development Act of 1968 to repeal its homeownership debt counseling notification requirements. (Sec. 223) Forbids a Federal banking agency from requiring any institution under its purview to engage in data collection practices pursuant to the requirements of the Fair Housing Act other than data required under the Home Mortgage Disclosure Act of 1975.
United States · United States Congress · 5 January 1993
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
Requires the Postal Service to ensure that nothing in its regulations prevents a veterans' organization from soliciting contributions on postal property so long as those activities do not impede or disturb: (1) postal employees in the performance of their duties; or (2) the general public in transacting business or obtaining services.
United States · United States Congress · 5 January 1993
Veterans' Burial Benefits Act of 1993 - Amends Federal law to extend burial benefits to specified veterans with service-connected disabilities. Increases from $150 to $300 the veterans' burial plot allowance for eligible veterans who die in Department of Veterans Affairs facilities.
United States · United States Congress · 5 January 1993
Provides for a maximum speed limit of 65 miles per hour on all highways with four lanes or more open to traffic located outside of urbanized areas. Directs the Secretary of Transportation to study and report to the Congress on the effects on highway safety of increasing the speed limit on such highways.
United States · United States Congress · 5 January 1993
Constitutional Amendment - Prohibits a person who has been elected to: (1) the Senate two times from being eligible for election or appointment to the Senate; and (2) the House of Representatives six times from being eligible for election to the House.
United States · United States Congress · 5 January 1993
Constitutional Amendment - Provides for staggered four-year terms for Members of the House of Representatives. Prohibits persons from being elected to the House more than four times or more than three times to four-year terms. Prohibits persons from being elected to the Senate more than twice.
United States · United States Congress · 5 January 1993
Establishes in the House of Representatives the Select Committee on Narcotics Abuse and Control to conduct a continuing oversight and review of the problems of narcotics, drug, and polydrug abuse and control.
United States · United States Congress · 5 January 1993
Declares that the Congress opposes any attempt to lower the estate tax exemption or raise the effective rate of taxes on estates because such measures contradict the fundamental goal of the United States Government of encouraging long-term private saving through which productive investment that promotes economic growth can be realized.
United States · United States Congress · 5 January 1993
Expresses the sense of the Congress that the current Federal income tax deduction for interest paid on debt secured by a first or second home should not be further restricted.
United States · United States Congress · 15 September 1992
Repeals the Act designating the building located at 1515 Sam Houston Street, Liberty, Texas, as the M.P. Daniel and Thomas F. Calhoon, Senior, Post Office Building.
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 · 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
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 · 30 July 1992
Requires the Postal Service to ensure that nothing in its regulations prevents a veterans' organization from soliciting contributions on postal property so long as those activities do not impede or disturb: (1) postal employees in the performance of their duties; or (2) the general public in transacting business or obtaining services.
United States · United States Congress · 23 July 1992
Balanced Budget Enforcement Act of 1992 - Title I: Balancing the Budget - Part A: Purposes - Repeals provisions of the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) with respect to: (1) emergency powers to eliminate deficits in excess of the maximum deficit amount; (2) budgetary treatment of social security trust funds; and (3) miscellaneous and related provisions. Declares the purpose of this Act to balance the budget by FY 1998 and each year thereafter. Part B: The Deficit Elimination Act of 1992 - The Deficit Elimination Act of 1992 - Establishes deficit reduction targets for direct spending and receipts legislation for FY 1993 through 1998. Establishes discretionary funding limits in terms of new budget authority for FY 1994 through 1998. Requires, whenever appropriate, that adjustments to such limits be made to reflect: (1) changes in budget accounting concepts; (2) changes in inflation for each year and outyear (any of the four fiscal years that follow the budget year); (3) renewal/replacement multiyear subsidized housing contracts; (4) emergency requirements; (5) new limits for 1998 and thereafter; and (6) any law that raises excise taxes dedicated to a transportation trust fund. Provides that if at the start of the 1998 budget-year session the baseline assuming deficit reduction projects a deficit (or surplus) for that year, then the direct spending and receipts deficit reduction requirement for that year and the discretionary funding limit for that year shall each be changed by amounts that, when debt service effects are added, will produce a balanced budget. Requires these changes to be made through enactment of a spin-off law or, if a spin-off law is not enacted, an adjustment to the direct spending and receipts deficit reduction requirement by two-thirds of the required change (excluding debt service effects) and a one-third adjustment of the required change (excluding debt service effects) to the discretionary funding limit. Provides for preventing deficits starting with FY 1999. Provides for the enactment of a spin-off law through congressional budget procedures or other means to balance the budget in 1998 or prevent deficits after 1998. Establishes a scorecard for the recording of the estimated increase or decrease in deficit reduction for the current year, the budget year, and each fiscal year through 1998 due to enactment (after August 15, 1992) of any law, or the imposition of any sequestration, or the change in the baseline which relates to certain expiring provisions of law and to veterans' compensation, affecting the level of direct spending or the level of receipts. Requires the creation of a new scorecard for FY 1999 and thereafter for the estimated increase or decrease in the deficit or surplus for the budget year. Sets forth deficit reduction requirements for the scorecard. Provides for scoring any law that affects current-year direct spending or receipts. Divides the scorecard between changes in outlays for direct spending and changes in receipts. Excludes certain emergency legislation from the scorecard. Includes certain receipts resulting from an increase in an excise tax dedicated to a transportation fund. Establishes a scorecard for each fiscal year starting with 1994 for discretionary appropriations amounts due to: (1) the enactment of any law in the budget-year session; (2) the enactent of any law in any previous session of Congress; or (3) the imposition of any across-the-board reduction of discretionary programs. Sets forth the method of enforcing deficit reduction targets in direct spending programs through a targeted sequestration procedure. Requires enactment of a spin-off law to initiate such procedure. Establishes a comprehensive sequestration procedure if such spin-off bill is not enacted. Requires under such procedure a freeze of entitlement spending and some revenue provisions in the amount needed to meet deficit targets. Sets forth the method of sequestering discretionary programs through uniform across-the-board reductions, unless the excess of new budget authority is less than $250 million. Lists the budget accounts or activities exempted from sequestration. Authorizes the President to exempt some or all of the budgetary resources of any military personnel account from sequestration, pending notification of the Congress. Subjects Federal administrative expenses to sequestration orders, with specified exceptions. Provides for the permanent sequestration of direct spending and receipts and for determining applicable uniform percentages for reductions. Sets forth the method of making reductions for: (1) the non-JOBS and JOBS portion of the Aid to Families with Dependent Children Program (AFDC) under the Social Security Act; (2) the child support enforcement program; (3) the Commodity Credit Corporation; (4) the conservation reserve program; (5) extended unemployment compensation; (6) the Federal Employees Health Benefits Fund; (7) the Federal Housing Finance Board; (8) Federal pay; (9) the guaranteed student loan program; (10) Federal insurance program; (11) the Medicaid program; (12) the Medicare program; (13) the Postal Service Fund; (14) the Department of Energy power marketing administration funds or the Tennessee Valley Authority fund; (15) the uranium enrichment program; and (16) veterans' housing loans. Amends the Internal Revenue Code to establish the method of sequestration through tax changes. Requires an increase in the top marginal rates and modifies the indexing provision under a sequestration order. Imposes a tax surcharge on individuals and corporations. Sets forth the timetable for estimating assumptions and filing reports and orders by the President, the Office of Management and Budget (OMB), the Congressional Budget Office (CBO) and the Board of Estimates (established by this Act). Requires the making of sequestration reports, sequestration preview reports, and low-growth reports by CBO and OMB. Establishes the administrative procedures relative to such reports. Sets forth assumptions to be used in calculating the baseline for the budget year and each outyear with respect to direct spending and receipts and discretionary programs. Declares that a baseline assuming deficit reduction refers to a projection of current policy baseline surpluses or deficits into the budget year and the outlays that is adjusted in aggregate by: (1) assuming compliance with basic deficit reduction targets; (2) assuming compliance with the discretionary funding limits; and (3) excluding amounts resulting from legislation designated as an emergency requirement. Establishes as a deposit fund in the Treasury a Stabilization Reserve Fund to accumulate balances during years of comparative prosperity, which may later be used to cover the loss of receipts and the increase in outlays that occur during comparative economic distress. Requires annual surpluses to be paid into the Fund. Requires starting with FY 1999 that an additional $10 billion be paid to the Fund. Requires in each year starting with 2000 that an additional $20 billion be paid to such Fund. Prohibits Fund balances from receiving interest. Requires the enactment of a law to transfer balances to the General Fund of the Treasury. Establishes congressional procedures in the event of a low-growth report or a declaration of war. Establishes a Board of Estimates to choose the applicable sequestration report from OMB or CBO to submit to the President. Provides judicial review procedures for provisions of this title. Title II: Technical and Conforming Amendments - Makes technical and conforming amendments to the Congressional Budget and Impoundment Control Act of 1974, the Federal Credit Reform Act of 1990, the Rules of the House of Representatives, the Standing Rules of Senate, and specified other laws. Establishes the public debt limit.
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 · 1 July 1992
Birth Defects Prevention Act of 1992 - Amends the Public Health Service Act to establish birth defects prevention and research programs. Authorizes the Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control (CDC), to award grants to, enter into cooperative agreements with, or provide direct technical assistance in lieu of cash to, States, State health authorities, or health agencies of political subdivisions of a State for collection, analysis, and reporting of birth defects statistics from birth certificates, infant death certificates, hospital records, or other sources and to collect and disaggregate such statistics by gender and racial and ethnic group. Directs the Secretary to establish at least five regional birth defects monitoring and research programs to collect and analyze information on the number, incidence, correlation, and causes of birth defects, to include information regarding gender and different racial and ethnic groups, including Hispanics, non-Hispanic whites, African Americans, Native Americans, and Asian Americans. Authorizes the Secretary, acting through the Director of the CDC, to award grants or enter into cooperative agreements with specified entities to serve as Centers of Excellence for Birth Defects Prevention Research. Requires one of the Centers to focus on birth defects among ethnic minorities. Requires the CDC to establish a clearinghouse for the collection and storage of data and generated from birth defects monitoring programs developed under this Act. Directs the Secretary, acting through the Director of the CDC, to award grants to or enter into cooperative agreements with State departments of health, universities, or other private, or nonprofit entities to develop, evaluate, and implement prevention strategies designed to reduce the incidence and effects or (sic) birth defects. Directs the Secretary to establish an Advisory Committee for Birth Defects Prevention to provide advice and recommendations on prevention and amelioration of birth defects to the Secretary and the Director of the CDC. Requires the Secretary to report biennially to the House Committee on Energy and Commerce and the Senate Committee on Labor and Human Resources regarding the incidence of birth defects, the contribution of birth defects to infant mortality, the outcome of implementation of prevention strategies, and identified needs for research and policy development to include information regarding the various racial and ethnic groups, including Hispanic, non-Hispanic whites, African Americans, Native Americans, and Asian Americans. Authorizes appropriations.
United States · United States Congress · 25 June 1992
Designates the Department of Veterans Affairs medical center in Marlin, Texas, as the Thomas T. Connally Department of Veterans Affairs Medical Center.
United States · United States Congress · 18 June 1992
Gulf of Mexico Environmental and Economic Restoration and Protection Act of 1992 - Expresses the sense of the Congress with respect to environmental restoration of the Gulf of Mexico. Establishes a program for protection and preservation of the economic and environmental resources of the Gulf, to be known as the Gulf of Mexico Program. Directs the Administrator of the Environmental Protection Agency (EPA) to establish a Gulf of Mexico Program Office within EPA. Establishes a Gulf of Mexico Executive Board to: (1) prepare and update a joint plan for the Federal, State, interstate, local, and nongovernmental development of economic, ecological, and aesthetic resources of the Gulf and protection of the ecosystem; (2) develop long-range schedules for the collection and analysis of data and for planning and completion of projects in the Gulf and surrounding areas; and (3) approve and fund studies of economic, ecological, and aesthetic resource problems in the Gulf and surrounding areas. Sets forth required contents of the plan and requires the Administrator to submit the plan to the Congress. Provides for State cost-sharing of Gulf restoration activities. Requires the Administrator to award grants for the conduct of research to develop baseline scientific data regarding environmental quality of the Gulf for use in evaluating and implementing the plan. Authorizes grants to be awarded to any Gulf State agency, non-profit research organization, or university which meets eligibility requirements. Sets forth grant proposal, application, and cost-sharing requirements. Authorizes and allocates appropriations.
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 · 16 June 1992
Honest Balanced Budget Act - Repeals provisions of the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) with respect to: (1) emergency powers to eliminate deficits in excess of the maximum deficit amount; (2) budgetary treatment of social security trust funds; and (3) miscellaneous and related provisions. Prohibits, for FY 1994 and each fiscal year thereafter, the outlays of the operating segment of the United States budget from exceeding receipts. Requires, when such outlays exceed receipts, that the deficit be eliminated through revenue increases or spending reductions. Authorizes the waiver of such provisions in the case of war, recession, or natural disaster if the President requests such waiver and the Congress approves by a vote of three-fifths of the membership in both Houses. Requires that operating segment deficit spending subject to a waiver be paid for in full in the budget of the following fiscal year. Requires the budget, excluding trust funds, to be balanced by FY 1998 and each fiscal year thereafter. Requires the President and the Congress: (1) beginning in FY 1995 to develop and implement a plan to so balance the budget; and (2) after balancing the budget to pay down the debt to a reasonable level over a set period of time in order to reduce annual interest costs. Allows a waiver of such budget plan in the case of war, recession, or natural disaster if the President requests such waiver and the Congress approves by a vote of three-fifths of the membership in both Houses. Requires deficit spending subject to such waiver to be paid for in full in the budget of the following fiscal year. Requires the restoration of the statutory debt level within 24 months after the date of such waiver or suspension. Prohibits the Senate or the House of Representatives from considering any bill, resolution, amendment, or conference report that would: (1) cause outlays to exceed receipts; (2) change any provision of this Act; or (3) increase the statutory debt limit after December 31, 1998. Allows a waiver or suspension of such prohibitions in the Senate or the House only by an affirmative vote of three-fifths of the Members. Requires the President to submit a budget for FY 1994 to comply with the requirements of this Act. Requires the Congress to return a budget not in compliance to the President with a letter of reprimand and a request for a new budget. Declares it to be the policy of the United States that: (1) not later than December 31, 1993, the Congress amend the Internal Revenue Code to establish a special interest and debt retirement account dedicated to the reduction of interest and the public debt, to be activated by the President if necessary; (2) any revenues collected for interest and debt retirement be especially titled so that citizens may be aware of their purpose; (3) any revenues collected for interest and debt retirement be deposited in a separate trust fund account; (4) the trust fund be used only for the reduction of interest and the retirement of the public debt; (5) the Secretary of the Treasury administer such account with the advice of a bipartisan board; and (6) any special dedicated interest and debt retirement tax expire upon the elimination of the public debt to a specified target level.
United States · United States Congress · 15 June 1992
Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to provide that a monthly benefit shall be paid to the recipient's surviving spouse for the month in which the recipient dies, subject to a reduction of 50 percent in the last monthly payment if the recipient dies during the first 15 days of such month.
United States · United States Congress · 11 June 1992
Cash Management Improvement Act Amendments of 1992 - Amends the Cash Management Improvement Act of 1990 (the Act) to remove the two-year deadline for the Secretary of the Treasury to prescribe regulations for the timely disbursement of Federal funds. Extends the deadline for the Secretary to enter into agreements with States for intergovernmental financing and to prescribe regulations for such financing from October 24, 1992, until July 1, 1993, or by the first day of a fiscal year of the State which begins in 1993, whichever is later. Makes the Act effective on such date. Extends for one year the report to the Congress by the Comptroller General on the implementation of such Act.
United States · United States Congress · 11 June 1992
Directs the Architect of the Capitol to design, construct, and maintain a public debt clock in the basement rotunda of the Cannon House Office Building to be adjusted on a continuous basis to reflect the amount of the public debt of the United States.
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 · 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
Expresses the sense of the House of Representatives that the United States should: (1) suspend all assistance and cooperative programs with Serbia and Montenegro and prevent them from gaining access to benefits and assets available to the other newly independent states of the former Yugoslavia (independent states); (2) urge the European Community (EC), other members of the Conference on Security and Cooperation in Europe (CSCE), and the United Nations to take immediate action to impose more comprehensive sanctions against Serbia and Montenegro, such as an oil embargo; (3) urge international financial institutions to cease negotiations with Serbia and Montenegro, and urge the EC, CSCE, and other members of the United Nations to freeze credit lines to Serbia and Montenegro; (4) take no action to recognize Serbia and Montenegro until they meet EC criteria for recognition and until Serbia ceases aggression against Bosnia-Hercegovina, withdraws military forces from Bosnia, and agrees to respect the territorial integrity of all the newly independent states; (5) press for full suspension of the Yugoslav seat from the CSCE and other international bodies; (6) promote efforts to establish a security zone around Sarajevo to ensure the delivery of humanitarian assistance; (7) insist that Serbia restore the autonomy of Kosovo and Vojvodina; and (8) encourage each of the newly independent states to respect the CSCE principles guiding relations between states.
United States · United States Congress · 14 May 1992
Small Business Cost Estimate Act of 1992 - Amends the Congressional Budget Act of 1974 to require the Director of the Congressional Budget Office to prepare for each public measure reported by a congressional committee (except the Committee on Appropriations of each House) and to submit to that committee for inclusion in the committee report: (1) an estimate of the costs in each of the first five fiscal years of carrying out such measure and of small business compliance with such measure, if significant; and (2) a comparison of those estimates with estimates made by such committee or by a Federal agency.
United States · United States Congress · 14 May 1992
United States Merchant Marine Utilization and Preference Act of 1992 - Requires Department of Defense (DOD) cargoes to be transported by water in the following order of priority under conditions other than full or partial mobilization declared by the President: (1) use of privately owned U.S. flag vessels that operate in U.S. liner or tramp trades and not chartered by the Government; and (2) time or voyage charter of suitable privately owned U.S. flag vessels operating in liner service providing partial or total space available or in tramp service if they are voluntarily made available to DOD; (3) vessels in the nucleus fleet; and (4) foreign flag vessels. Limits the use of time and voyage charters to a minimum necessary to meet requirements which, barring reasonable foresight, can not be met by U.S. flag liner or tramp operators. Requires the written approval of the Secretary of Transportation for use of vessels in the nucleus fleet or foreign-flag vessels (limited to a single voyage as necessary to meet urgent military requirements). Applies the tariff filed by a person with the Federal Maritime Commission under the Shipping Act of 1916 or of 1984 to transportation of DOD cargo on any U.S. flag-vessel that is operated by that person, with specified exceptions. Makes the Office of the Chief of Naval Operations solely responsible in DOD for obtaining, providing, operating, and controlling Government-owned or chartered vessels: (1) to transport DOD cargoes in areas not served by privately owned U.S. flag merchant vessels; and (2) for purposes of any partial or full mobility conducted for any reason declared by the President. Makes the Military Sealift Command the sole manager for ocean transportation of DOD cargoes. States that the purpose of any ocean transportation provided by DOD is to support and augment persons who provide transportation by water in commercial service to the extent those persons can not provide the vessels or services required by DOD. Prohibits DOD from engaging in competition with private persons in the provision of transportation by water in commercial service other than as provided under this Act. Directs the Secretary of Defense to establish and maintain at all times under the exclusive custody, jurisdiction, and control of DOD, a fleet of vessels to meet military requirements to be known as the "nucleus fleet." Describes the composition and use of such fleet. Makes any change in the composition of the nucleus fleet from the numbers and types of vessels specified in this Act ineffective unless: (1) a request for such change is submitted by the Secretaries of the Navy or of Defense; (2) the change is approved by the Secretary of Defense; and (3) such change is reported to the Congress with supporting rationale. Places a vessel in the nucleus fleet in reduced operating status if it is inactive for a 30-day period. Provides that if a federally-owned vessel in such fleet is inactive for 120 days it shall be deactivated and placed in reserve or disposed of, as considered appropriate by the Secretary of Defense. Terminates the contract on the earliest possible date under which a privately owned vessel is chartered if it is inactive for 120 days. Prescribes guidelines for the inclusion of additional numbers and types of vessels in the nucleus fleet under conditions of full mobilization. Requires the Secretary of Defense, during periods of full or partial mobilization, to: (1) continuously review the number of merchant vessels under the control of DOD; (2) determine if any of the vessels are excessive to the department's needs; and (3) transfer excessive vessels to the Secretary of Transportation. States that, upon the termination of hostilities or in the event of a partial demobilization, the nucleus fleet shall be reduced to the numbers and types of vessels in the fleet before full mobilization. Releases any vessels in the reduced fleet retained as part of the active or laid-up permanent operating forces of the Department of the Navy from control by DOD in the following order of priority: (1) chartered foreign-flag vessels; (2) U.S. flag vessels that are chartered from private owners; and (3) federally-owned merchant vessels that are desired for sale or charter by U.S. citizens for U.S. flag operation in commercial service (deemed to be war-built vessels). Amends the Merchant Ship Sales Act of 1946 to authorize the use of vessels in the Ready Reserve Force component of the National Defense Reserve Fleet in peacetime for routine movements of cargo as part of military exercises only if such use does not compete with U.S. flag commercial vessel operators. Requires a vessel in such Ready Reserve Force component that has been activated to meet military sealift requirements for a national emergency to be deactivated in an expeditious manner if such requirements cease.
![Official portrait of Rep. Wilson, Charles [D-TX-2]](https://www.congress.gov/img/member/w000570_200.jpg)