United States · United States Congress · 3 March 1992
Crime Control Act of 1992 - Title I: Death Penalty - Federal Death Penalty Act of 1992 - Amends the Federal criminal code to establish criteria for the imposition of the death penalty for Federal crimes. Requires the Government, for any offense punishable by death, to serve notice upon the defendant a reasonable time before trial or acceptance of a plea, or at such time thereafter as the court may permit upon a showing of good cause, that it intends to seek the death penalty and the aggravating factors upon which it will rely. Requires a separate sentencing hearing before a jury, or the court upon motion by the defendant, when the defendant is found guilty or pleads guilty to an offense punishable by death. Allows the defendant and the Government to present any information relevant to sentencing, without regard to the rules of evidence, but permits evidence to be excluded where its probative value is substantially outweighed by the danger of creating unfair prejudice, confusing the issues, or misleading the jury. Permits the Government to present information concerning the effect of the offense on the victim and the victim's family, including oral testimony, a victim impact statement, and other relevant information. Specifies mitigating factors which the defendant must establish by a preponderance of the information and aggravating factors which the Government must provide beyond a reasonable doubt. Sets forth special aggravating factors for: (1) treason, espionage, homicide, and the attempted murder of the President; and (2) drug offenses punishable by the death penalty (such factors include previous serious drug felony convictions, use of a firearm in committing or furthering certain continuing criminal enterprises, use of minors in trafficking, and lethal adulteration of controlled substances). Directs the court, or the jury by unanimous vote, to recommend the death penalty upon a finding of at least one aggravating factor and no mitigating factor, or one or more aggravating factors which outweigh any mitigating factors. States that no person who was under 18 years of age at the time of the offense or who is mentally retarded may be sentenced to death. Requires the court to instruct the jury not to consider the race, color, religion, national origin, or sex of the defendant or victim in its consideration of the sentence. Establishes procedures for appeal from a death sentence. Requires the court of appeals, upon consideration of the record and the information and procedures of the sentencing hearing, to affirm the decision if: (1) the sentence was not imposed under the influence of passion, prejudice, or any other arbitrary factor; (2) the information supports the finding of aggravating factors; and (3) the proceedings did not involve any other prejudicial error requiring reversal of the sentence that was properly preserved for and raised on appeal. Specifies that the court of appeals, in a case in which the sentence is not affirmed, shall remand the case for reconsideration or for imposition of another authorized sentence as appropriate, subject to specified requirements. Requires the court to provide a written explanation of its determination. Sets forth procedures for the implementation of a sentence of death. Prohibits a sentence of death from being carried out upon a person who lacks the mental capacity to understand the death penalty and why it was imposed on that person, or upon a woman while she is pregnant. Prohibits requiring any employee of any State department of corrections, the Federal Bureau of Prisons (BOP), the U.S. Marshals Service, or any employee providing services to that department, bureau, or service under contract to be in attendance or to participate in any execution if such participation is contrary to such employee's moral or religious convictions. Provides for the appointment of counsel in Federal cases where a defendant against whom a sentence of death is sought, or on whom such sentence has been imposed, for an offense against the United States, is or becomes financially unable to obtain adequate representation. Sets forth additional provisions with respect to: (1) representation before and after review of judgment; (2) standards for competence of counsel; and (3) claims of ineffectiveness of counsel. Sets forth provisions regarding: (1) deadlines for collateral attacks on judgments imposing a sentence of death; and (2) stays of execution. Limits the circumstances under which a person subject to the criminal jurisdiction of an Indian tribal government may be executed under this Act. Provides for the imposition of the death penalty for specified Federal crimes, including: (1) treason; (2) delivering defense information to aid a foreign government; (3) specified Controlled Substances Act (CSA) offenses committed as part of a continuing criminal enterprise; (4) certain felony violations of the CSA, the Controlled Substances Import and Export Act (CSIEA), or the Maritime Drug Law Enforcement Act; (5) murders committed by prisoners in Federal correctional institutions; (6) certain offenses relating to drive-by shootings; (7) kidnappings which result in the death of any person; (8) attempting to kill the President of the United States (if such attempt results in bodily injury or comes dangerously close to causing the President's death); (9) murder in the aid of a racketeering activity; (10) civil rights murders and certain murders involving damage to religious property or obstruction of persons in the free exercise of religious belief; (11) genocide; (12) murder of Federal law enforcement officers, or of State or local law enforcement officers assisting Federal officers; (13) torture, if death results; (14) murder of Federal witnesses in the Witness Protection Program; (15) gun murders during Federal crimes of violence and drug trafficking crimes; (16) rape and child molestation murders; (17) causing death in the sexual exploitation of children; (18) specified offenses under the Federal Aviation Act of 1958 (FAA); (19) using, or attempting or conspiring to use, a weapon of mass destruction, if death results; (20) first-degree murders involving the use of a firearm or other dangerous weapon in a Federal facility; (21) murder by escaped prisoners; and (22) murders in the District of Columbia. Increases penalties for obstruction of justice offenses against court officers and jurors, and for retaliatory killings of witnesses, victims, and informants. Sets forth penalties for: (1) performing or attempting an act of violence against a person at an airport serving international civil aviation which causes or is likely to cause serious injury or death; (2) destroying or seriously damaging the facilities of, or a civil aircraft not in service at, such airport; or (3) disrupting the services of such airport, if such an act endangers or is likely to endanger safety. Amends the FAA to delete a limitation on the applicability of aircraft piracy provisions to situations where the place of takeoff or of actual landing of the aircraft on board which the offense is committed is situated outside the territory of the State of registration of such aircraft. Establishes penalties for acts of violence against maritime navigation, such as seizing control of a ship by force, threat, or intimidation, and performing acts of violence against persons on board a ship that are likely to endanger safe navigation. Sets forth analogous provisions with respect to maritime fixed platforms. Sets forth provisions with respect to U.S. jurisdiction over the territorial sea and over crimes against U.S. nationals on foreign vessels. Title II: Habeas Corpus Reform - Subtitle A: General Habeas Corpus Reform - Habeas Corpus Reform Act of 1992 - Amends the Federal judicial code to establish a one-year statute of limitations for habeas corpus actions brought by State prisoners. Vests authority to issue certificates for probable cause for appeal of habeas corpus orders exclusively in the courts of appeals. Permits denial on the merits of habeas corpus writs notwithstanding the failure to exhaust State remedies. Prohibits the granting of a petition for habeas corpus with respect to any claim which has been fully and fairly adjudicated in State proceedings. Sets forth provisions with respect to the appointment of counsel. Subtitle B: Death Penalty Litigation Procedures - Death Penalty Litigation Procedures Act of 1992 - Amends the Federal judicial code to set forth special habeas corpus procedures in capital cases. Applies such procedures to Federal habeas corpus cases brought by prisoners in State custody who are subject to a capital sentence. Makes the applicability of such procedures contingent upon a State establishing a mechanism for the appointment, compensation, and payment of reasonable litigation expenses of competent counsel in State post-conviction proceedings brought by indigent prisoners whose capital convictions and sentences have been upheld on direct appeal to the court of last resort in the State or have otherwise become final for State law purposes. States that the rule of court on statutes establishing such mechanism must provide standards of competency for the appointment of such counsel. Specifies that any such mechanism must offer counsel to all State prisoners under capital sentence and must provide for the entry of an order by a court of record: (1) appointing counsel to represent the prisoner upon a specified finding; (2) finding that the prisoner has rejected the offer of counsel and made the decision with an understanding of its legal consequences; or (3) denying the appointment of counsel upon a finding that the prisoner is not indigent. Provides for a mandatory stay of execution during the post-conviction review initiated pursuant to this Act. Details conditions which will cause such stay to expire. Prohibits a Federal court, if one of such conditions has occurred, from entering a stay of execution or granting relief in a capital case unless: (1) the basis for the stay and request for relief is a claim not previously presented in the State or Federal courts; (2) the failure to raise the claim was the result of State action in violation of the Constitution or laws of the United States, was the result of a recognition by the Supreme Court of a new Federal right that is retroactively applicable, or is due to the fact that the claim is based on facts that could not have been discovered through the exercise of reasonable diligence in time to present the claim for State or Federal post-conviction review; and (3) the facts underlying the claim would be sufficient, if proven, to undermine the court's confidence in the jury's determination of guilt of the offense for which the death penalty was imposed. Imposes time limits on filing for habeas corpus relief. Requires such time limits to be tolled under specified conditions. Requires the district court, upon the development of a complete evidentiary record, to rule on the merits of the claims properly before it. Makes the requirement for a certificate of probable cause inapplicable, with exceptions, where: (1) a second or successive petition is filed; and (2) certain requirements under a unitary review procedure (i.e., a State procedure that authorizes a person under sentence of death to raise, in the course of direct review of judgment, such claims as could be raised on collateral attack) are met. Sets forth time limits for determining petitions. Specifies that the adjudication of petitions or motions involving habeas corpus in capital cases shall be granted priority by the district court and court of appeals over all noncapital matters. Directs the Administrative Office of U.S. Courts to report annually to the Congress on court compliance with the time limits established under this subtitle. Subtitle C: Equalization of Capital Habeas Corpus Litigation Funding - Amends the Omnibus Crime Control and Safe Streets Act of 1968 (Omnibus Act) to require the Director of the Bureau of Justice Assistance (BJA) to provide grants to the States to support litigation pertaining to Federal habeas corpus petitions in capital cases. Specifies that the total funding available for such grants within any fiscal year shall be equal to the funding provided to capital resource centers, pursuant to Federal appropriation, in the same fiscal year. Title III: Exclusionary Rule - Amends the Federal criminal code to provide that evidence obtained as a result of a search or seizure shall not be excluded in a court of the United States as being in violation of the fourth amendment to the U.S. Constitution if such search or seizure was carried out in circumstances justifying an objectively reasonable belief that it was in conformity with the fourth amendment. Makes the fact that evidence was obtained pursuant to and within the scope of a warrant prima facie evidence of the existence of such circumstances. Bars the exclusion of evidence in such a proceeding on the ground that it was obtained in violation of a statute, administrative rule or regulation, or rule of procedure unless exclusion is expressly authorized by statute or by rule prescribed by the Supreme Court pursuant to statutory authority. Title IV: Firearms and Related Amendments - Revises firearms-related provisions to establish the following penalties, in addition to the punishment provided for the underlying crime, for engaging in specified activities during and in relation to a crime of violence or drug trafficking crime for which the perpetrator may be prosecuted in a State court. Provides that whoever: (1) knowingly uses, carries, or otherwise possesses a firearm shall be sentenced to imprisonment for ten years; (2) discharges a firearm with intent to injure another person shall be sentenced to imprisonment for 20 years; or (3) knowingly uses, carries, or otherwise possesses a firearm that is a machine gun or destructive device or is equipped with a firearm silencer or muffler shall be sentenced to imprisonment for 30 years. Sets penalties for second, third, and subsequent convictions. Specifies that a term of imprisonment under such provision shall run concurrently with any other term of imprisonment imposed for the underlying crime. Sets forth penalties for smuggling firearms in aid of drug trafficking and for theft of firearms and explosives. Increases penalties for making knowingly false, material statements in connection with the acquisition of a firearm from a licensed dealer. Authorizes the summary destruction of explosives subject to forfeiture under specified circumstances. Sets forth requirements for reimbursement of the value of destroyed property. Makes persons sentenced under enhanced penalty provisions related to the use of firearms or destructive devices during and in relation to a crime of violence or drug trafficking crime ineligible for parole during the term of imprisonment imposed under such provisions. Provides enhanced penalties for the use of a firearm in the commission of counterfeiting or forgery. Provides for a mandatory five-year penalty for firearms possession by violent felons and serious drug offenders, and a ten- to twenty-year penalty (or fine, or both) in cases of two previous convictions for a violent felony or a serious drug offense committed on different occasions. Bars the court from suspending the sentence of, or granting a probationary sentence to, such persons with two prior convictions. Prohibits the transfer of firearms to non-residents of the State in which the transferor resides, unless such receipt is for lawful sporting purposes. Subjects individuals who conspire to commit a firearms or explosives offense to the same penalties as those prescribed for the underlying offense. Provides for a fine or up to ten years imprisonment, or both, for stealing a firearm or explosive from specified individuals, such as a licensed importer, manufacturer, or dealer. Makes it unlawful for any person (current law specifies licensee) to distribute explosive materials to specified classes of individuals. Increases penalties for interstate gun trafficking. Prohibits: (1) the possession of explosives by felons and specified others; and (2) transactions involving stolen firearms which have moved in interstate or foreign commerce. Establishes penalties for possessing (current law covers only using and carrying) an explosive during the commission of a felony. Provides for 20 years imprisonment for using, carrying, or possessing an explosive, in the case of a second or subsequent conviction. Amends the Internal Revenue Code of 1986 regarding the disposition of forfeited firearms. Revises the definition of: (1) "serious drug offense" under the Federal criminal code (to include an offense under State law that, if it had been prosecuted as a CSA violation as that Act provided at the time of the offense, would have been punishable by a maximum term of ten years or more); and (2) "burglary" under the Armed Career Criminal Statute (to mean a crime that consists of entering or remaining surreptitiously within a building that is the property of another person with intent to engage in conduct constituting a Federal or State offense and that is punishable by one year's imprisonment). Title V: Juveniles and Gangs - Subtitle A: Increased Penalties for Employing Children to Distribute Drugs Near Schools and Playgrounds - Amends the CSA to increase the penalty for employing, using, inducing, or coercing individuals under age 18 to violate provisions of such Act, or to assist in avoiding detection or apprehension for certain offenses under such Act by Federal, State, or local law enforcement officials. Subtitle B: Antigang Provisions - Amends the Juvenile Justice and Delinquency Prevention Act of 1974 to authorize the Administrator of the Office of Juvenile Justice and Delinquency Prevention to make grants to States and units of local government to assist them in planning, coordinating, and evaluating projects to reduce the formation or continuation of juvenile gangs and the use and sale of illegal drugs by juveniles. Specifies the allocation (50-50) of funds available to each State for juvenile drug supply and drug demand reduction programs. Directs the Administrator to give priority to programs aimed at juvenile involvement in organized gang- and drug-related activities. Authorizes the Administrator to make grants if the beneficiaries are juveniles residing at or near international border communities. Authorizes appropriations. Sets forth provisions with respect to application, and review and approval, procedures. Establishes penalties, in addition to the punishment otherwise provided for a crime, for the commission of a felony crime of violence, felony involving a controlled substance, felony violation of the CSA, the CSIEA, or the Maritime Drug Law Enforcement Act, and a conspiracy to commit such offenses, in, for, or in association with any criminal street gang, subject to specified conditions. Specifies that any term of imprisonment imposed under this provision shall run consecutively to any other sentence imposed for the underlying crime. Subtitle C: Juvenile Penalties - Amends the Federal criminal code to: (1) add certain firearms offenses to the offenses over which the United States has juvenile delinquency jurisdiction; and (2) provide for the treatment of violent juveniles who commit firearms offenses as adults under certain circumstances. Specifies factors to be considered in transferring a juvenile to adult status. Classifies as serious drug offenses for purposes of the Armed Career Criminal Act of 1984 serious drug offenses committed by juveniles. Amends the Omnibus Act to require the Director of the BJA to make grants to States, for use by States and units of local governments, to develop alternatives to incarceration and probation for young offenders which promote reduced recidivism, crime prevention, and victim assistance, including boot camp prison programs, community service programs, and demonstration restitution projects. Sets forth provisions with respect to: (1) State and local applications; (2) application review; (3) the allocation and distribution of funds to State and local governmental units; (4) evaluation; and (5) limitations on administrative costs. Authorizes appropriations. Subtitle D: Other Provisions - Includes among permissible uses of drug control and system improvement grants (under the Omnibus Act) programs that address the need for effective bindover systems for the prosecution of violent 16- and 17-year-olds in courts with jurisdiction over adults for first- and second-degree murder, attempted murder, specified crimes when armed with a firearm, and drive-by shootings. Directs the Attorney General to: (1) develop a national strategy to coordinate gang-related investigations by Federal law enforcement agencies (LEAs); and (2) prepare a report on national gang violence to be submitted to the President and the Congress. Requires the Director of the Federal Bureau of Investigation (FBI) to acquire and collect information on incidents of gang violence for inclusion in an annual uniform crime report. Authorizes appropriations. Specifies that a juvenile shall not be transferred to adult prosecution nor shall a hearing be held under section 5037 (disposition after a finding of juvenile delinquency) until any prior juvenile court records have been received by the court or other specified conditions are met. (Current law states that "any proceedings against a juvenile under this chapter or as an adult shall not be commenced" until such conditions are met.) Title VI: Terrorism and International Matters - Repeals the Antiterrorism Act of 1990. Amends the Federal criminal code to define the term "international terrorism" to include activities that: (1) involve violent acts that are a violation of Federal or State laws, or that would be a criminal violation if committed within the jurisdiction of the United States or of any State; (2) appear to be intended to intimidate or coerce a civilian population, influence the policy of a government by intimidation or coercion, or affect the conduct of a government by assassination or kidnapping; and (3) occur primarily outside U.S. territorial jurisdiction or transcend national boundaries. Authorizes any U.S. national injured in his or her person, property, or business by reason of an act of international terrorism to bring a civil action in U.S. district court and recover treble damages and the cost of the suit, including attorney's fees. Specifies that a final judgment or decree rendered in favor of the United States in certain classes of criminal proceedings (such as those involving the murder of a foreign official, kidnapping, hostage taking, killing of a U.S. national, or an aircraft piracy-related offense), or in favor of any foreign state in a criminal proceeding to the extent that such judgment or decree may be accorded full faith and credit under U.S. law, shall estop the defendant from denying the essential allegations of the criminal offense in a subsequent civil proceeding under this title. Sets forth provisions regarding: (1) jurisdiction and venue for, and limitation of, such civil actions; (2) limitations on discovery; (3) stays of action for civil remedies (where such action will substantially interfere with a criminal prosecution which involves the same subject matter and in which an indictment has been returned, or with national security operations related to the terrorist incident that is the subject of the civil action); and (4) prohibitions on suits against U.S. Government and foreign officials. Makes it a Federal criminal offense for an individual, within the United States and acting as an agent of a foreign power, to provide material support or resources (including currency, securities, communications equipment, facilities, weapons, personnel, and other physical assets), or to conceal or disguise the nature, location, source, or ownership of such support or resources, knowing that such resources or support are intended to be used to commit a terrorist act. Provides for the civil and criminal seizure and forfeiture of any real or personal property used or intended for use for, or constituting or derived from the gross profits or other proceeds obtained from, specified violations related to terrorist acts, or to facilitate the concealment or an escape from the commission of such violations. Authorizes the Attorney General to waive immigration admission, and other legal, requirements and grant permanent resident status for alien witnesses who cooperate with the Government in Federal or State prosecutions. Bars the granting of such status to an alien who would be excluded because of felony convictions unless the Attorney General determines that the granting of such status to such alien is necessary in the interests of justice and comports with the safety of the community. Limits the number of aliens and members of their immediate families entering the United States under such authority to 200 persons in any single fiscal year. Makes the decision to grant or deny permanent resident status under this Act at the discretion of the Attorney General and not subject to judicial review. Declares that all the territorial sea of the United States, as defined by Presidential Proclamation 5928 of December 27, 1988: (1) is part of the United States, subject to its sovereignty; and (2) for purposes of Federal criminal jurisdiction, is within the special maritime and territorial jurisdiction of the United States. Sets forth additional provisions with respect to U.S. jurisdiction over the territorial sea and over crimes against U.S. nationals on foreign vessels. Increases penalties for manslaughter and aggravated assault committed abroad by terrorists against U.S. nationals. Authorizes appropriations for counter-terrorist operations and programs. Amends: (1) the International Economic Emergency Powers Act to increase penalties for violations of such Act; and (2) the Federal criminal code to increase penalties regarding the issuance and verification of a passport without lawful authority, false statements in the application for and use of a passport, and forgery, false use, or misuse of a passport. Directs the U.S. Sentencing Commission to amend its sentencing guidelines to provide an increase of not less than three levels in the base offense level for any felony, whether committed within or outside the United States, that involves or is intended to promote international terrorism, unless such involvement or intent is itself an element of the crime. Extends the statute of limitations for specified terrorism offenses, including airport and maritime violence, hostage taking, use of weapons of mass destruction, and torture, to ten years after the commission of the offense. Amends the Federal criminal code to establish penalties for removing a child from, or retaining a child outside, the United States with intent to obstruct the lawful exercise of parental rights. Authorizes appropriations to carry out (under the State Justice Institute Act of 1984) national, regional, and in-State training and educational programs dealing with criminal and civil aspects of interstate and international parental child abduction. Amends the Federal criminal code to provide for the prosecution of individuals who murder U.S. nationals abroad. Bars such a prosecution: (1) if prosecution has been previously undertaken by a foreign country for the same act or omission; and (2) unless the Attorney General determines that the act or omission took place in a country in which the person is no longer present and the country lacks the ability to lawfully secure the person's return. Specifies that the Attorney General's determination is not subject to judicial review. Authorizes the Attorney General, in the course of enforcement of such provision, to request assistance from any Federal, State, local, or foreign agency. Permits in the exercise of comity, the surrender of persons who have committed crimes of violence against U.S. nationals in foreign countries without regard to the existence of any extradition treaty with such foreign government if the Attorney General certifies that: (1) evidence has been presented by such foreign government which indicates that had the offenses been committed in the United States they would constitute crimes of violence; and (2) the offense charged are not of a political nature. Amends Federal law (commonly referred to as the Johnson Act) to modify the circumstances under which a gambling device may be repaired, transported, used, or possessed on a vessel. Amends the Federal criminal code to authorize the Director of the FBI or his designee in a position not lower than Deputy Assistant Director (Director) to request: (1) the name, address, length of service, and toll billing records of a person or entity (person) if the Director certifies in writing to the wire or electronic communication service provider to which the request is made (provider) that such records are relevant to an authorized foreign counterintelligence investigation and there are specific and articulable facts giving reason to believe that the person to whom the information pertains is a foreign power or a foreign agent; and (2) the name, address, and length of service of a person if the Director certifies in writing to such provider that the information is relevant to such an investigation and there are specific and articulable facts giving reason to believe that communication facilities registered in the name of the person have been used, through the services of such provider, in communication with an individual who is engaging in or has engaged in international terrorism or clandestine activities that involve or may involve a violation of U.S. criminal statutes, or a foreign power or foreign agent under circumstances giving reason to believe that the communication concerned international terrorism or such clandestine activities. Requires that the House and Senate Judiciary Committees be informed regarding all such requests for certification. (Current law authorizes the Director or his designee to request telephone toll and transactional records upon written certification to the provider that the information sought is relevant to an authorized foreign counterintelligence investigation and there are specific and articulable facts giving reason to believe that the person is a foreign power or foreign agent.) Title VII: Sexual Violence, Child Abuse, and Victims' Rights - Subtitle A: Sexual Violence and Child Abuse - Amends the Federal criminal code to include within the definition of "sexual act" the intentional touching, not through the clothing, of the genitalia of another person who has not attained the age of 16 with intent to abuse, humiliate, harass, degrade, or arouse or gratify the sexual desire of any person. Increases penalties for recidivist sex offenses. Authorizes the court to order a defendant convicted of a sex offense to pay restitution to the victim. Requires a judicial officer, at the time of the pretrial release determination, to include in any order a requirement that the defendant be tested for human immunodeficiency virus (HIV) and that follow-up tests for the virus be performed six and 12 months thereafter, unless the judicial officer determines that the defendant's conduct created no risk of transmission of the virus to the victim. Sets forth additional requirements with respect to HIV testing and disclosure of test results. Directs the Sentencing Commission to amend the sentencing guidelines to enhance the sentence of a sex offender if such offender knew or had reason to know that the offender was infected with HIV, except where the offender did not engage or attempt to engage in conduct creating a risk of transmission of the virus to the victim. Amends the Victims' Rights and Restitution Act of 1990 to require the Attorney General or the head of another department or agency that conducts an investigation of a sexual assault to pay the cost of up to two tests of the victim for HIV during the 12 months following the assault. Subtitle B: Victims' Rights - Authorizes the court to: (1) order that the defendant reimburse the victim for necessary child care, transportation, and other expenses related to participation in the investigation or prosecution of, or attendance at proceedings related to, the offense; and (2) suspend the defendant's eligibility for all Federal benefits (after a hearing, if the defendant is delinquent in making restitution) until such time as the defendant demonstrates to the court good-faith efforts to return to any required schedule of payments or requirement of immediate payment. Amends the Federal Rules of Criminal Procedure to authorize the court: (1) before imposing sentence for a crime of violence or sexual abuse, to address the victim personally if the victim is present at the sentencing hearing and determine if the victim wishes to make a statement and present any information in relation to the sentence; and (2) upon a motion that is filed jointly by the defendant and the attorney for the Government, to hear in camera such a statement by the victim. Amends the Federal Rules of Criminal Procedure to entitle each side to six (currently, the Government is entitled to six and the defendant or defendants jointly to ten) peremptory challenges if the offense charged is punishable by imprisonment for more than one year. Requires (current law authorizes) the court to order restitution payments for specified violations of the Federal criminal code and the FAA. Authorizes the court, in addition to ordering restitution of the victim for the offense of which a defendant is convicted, to order restitution of persons harmed physically, emotionally, or pecuniarily by the defendant's unlawful conduct during which the offense occurred or during the course of a scheme, conspiracy, or pattern of unlawful activity related to the offense. Sets forth additional provisions with respect to determination of amounts owed to the victim, set-offs, enforcement of restitution orders, and procedures for issuing such orders. Subtitle C: Crime Victims Fund - Repeals: (1) the current $150,000,000 cap on the Crime Victims Fund under the Victims of Crime Act of 1984; and (2) sunset provisions under such Act. Modifies the formula for the distribution of sums deposited into the Fund to provide that: (1) the first $10,000,000 of the total funds deposited in a fiscal year shall be available for child abuse prevention and treatment grants; (2) the next sums deposited, up to the reserved portion (specified below), shall be made available to the judicial branch for administrative costs to carry out the functions of the branch; (3) of the sums remaining, four percent shall be available for training and technical services to victim assistance programs and for financial support of services to victims of crime by victim assistance programs, and 96 percent be available for crime victim compensation and victim assistance programs. (Current law provides a complex formula for the distribution of funds depending on the amount deposited in the Fund.) Authorizes the Director of the Office for Victims of Crime to retain any amount in excess of 110 percent of the total deposited in the previous fiscal year as a reserve for those years in which there is a shortfall in the Fund, provided that the reserve does not exceed $20,000,000. Specifies that: (1) the reserved portion shall be $6,200,000 in each of FY 1992 through 1995 and $3,000,000 for each fiscal year thereafter; and (2) sums awarded as part of a grant under this Act that remain unspent at the end of a fiscal year in which such grant is made may be expended for the purpose for which such grant is made at any time during the two succeeding fiscal years (under current law, during the succeeding fiscal year). Increases the Federal share of victim compensation programs from 40 to 45 percent of the amounts awarded by each program during the preceding fiscal year. Specifies that if the compensation paid by an eligible crime victim compensation program would cover costs that a Federal program, or a federally financed State or local program would otherwise pay: (1) such victim compensation program shall not pay such compensation; and (2) the other program shall make its payments without regard to the existence of the crime victim compensation program. Authorizes the Director to use unspent compensation funds for assistance programs in either the year such funds are not spent or in the following year. Requires crime victim assistance chief executives to give particular attention to children who are victims of violent street crime. Authorizes the use of grants under this Act for demonstration projects. Allows the Director to permit up to five percent of a victim assistance program grant to be used by the chief executive of each State for administrative costs. Makes biannual reports under such Act due on May 31 (currently, such reports are due December 31). Requires grantees to certify that no grant funds will be used to supplant State and local funds, but rather will supplement those otherwise available funds. Delays the effective date for specified provisions to make the allocations required by such provisions without reducing the funding levels of programs supported by the Victim Assistance Fund and the Victims Compensation Fund. Subtitle D: National Child Protection Act - National Child Protection Act of 1992 - Establishes a national criminal background check system to which a designated agency in each State is required to report child abuse crime information, for purposes of background checks of child care providers. Directs the Attorney General to establish: (1) guidelines for the reporting of such information; and (2) timetables for each State to report such information to such system (with a three-year deadline for all States to be reporting at a specified level of currency). Requires State agencies to maintain close liaison for information exchange and technical assistance in cases of child abuse with the National Centers: (1) on Child Abuse and Neglect; (2) for Missing and Exploited Children; and (3) for the Prosecution of Child Abuse. Directs the Attorney General to publish annually: (1) a statistical summary of the child abuse crime information reported under this Act; and (2) a summary of each State's progress in reporting child abuse crime information to the national criminal background check system. Requires the Administrator of the Office of Juvenile Justice and Delinquency Prevention to conduct a study to determine various factors relating to potential child abuse crimes and offenders, based on a statistically significant sample of convicted child abuse offenders and other relevant information. Requires a report on such study to be submitted to specified congressional committee officials. Provides for background check procedures. Allows entities that provide child care or child care placement services (including businesses or organizations that license or certify others to provide such services) may request State agencies to review State and Federal records through the national system, and other criminal justice recordkeeping systems, to determine if a child care provider is under indictment for, or has been convicted of, a background check crime. (Defines provider as one who is now or seeks to be: (1) employed by or a volunteer with a qualified entity; (2) an owner or operator of a qualified entity; or (3) having unsupervised access to any child to whom the qualified entity provides child care.) Directs the Attorney General to establish guidelines for such State background check procedures, permitting equivalent procedures under specified conditions. Authorizes the Attorney General to: (1) exchange FBI identification records with authorized agencies for purposes of such background checks; and (2) authorize by regulation further dissemination of such records by authorized agencies for such purposes. Directs the Attorney General to: (1) prescribe by regulation any other measures necessary to carry out this Act; and (2) encourage use of the best technology available in conducting background checks. Amends the Omnibus Act to provide for the use of certain formula grants to improve State record systems and the sharing of records of child abuse crime information to implement this Act. Directs the Attorney General to make additional grants to States to improve specified aspects of the child abuse crime information system, subject to appropriations and with preference to States having the lowest percent currency of case dispositions in computerized criminal history files. Authorizes appropriations for such additional grants. Authorizes the Attorney General, beginning one year after enactment of this Act, to reduce by up to ten percent the allocation to a State for a fiscal year under title I of the Omnibus Act if the State is not in compliance with the child abuse crime information timetable established for it under this Act. Subtitle E: Jacob Wetterling Crimes Against Children Registration Act - Jacob Wetterling Crimes Against Children Registration Act - Directs the Attorney General to establish a State program and guidelines requiring persons convicted of a criminal offense against a minor to register a current address with a designated State LEA for ten years after release from prison, or being placed on parole or supervised release. Sets forth requirements for an approved State registration program, including: (1) requirements that a State prison officer inform a released person of the duty to register and provide a designated State LEA with any new address in writing within ten days, obtain a fingerprint card and photograph if not already obtained, require the person to read and sign a form stating that the duty to register has been explained, and forward such information to a designated State LEA (which shall immediately enter the information into the appropriate State law enforcement record system, notify the appropriate LEA having jurisdiction where the person expects to live, and transmit the conviction data and fingerprints to the Identification Division of the FBI); (2) annual address verification by the designated State LEA; and (3) notification of LEAs having jurisdiction over a released person's new address. Provides that: (1) a person required to register who violates any requirement of a State program established by this Act shall be subject to criminal penalties in such State (recommends at least six months' imprisonment); and (2) the information provided under this Act is private and may be used for law enforcement purposes and confidential background checks conducted with fingerprints for child care services providers. Specifies that the allocation of BJA grant funds (under the Omnibus Act) received by a State not complying with the provisions of this Act three years after its enactment shall be reduced by 25 percent. Requires such unallocated funds to be reallocated to the States in compliance with this Act. Subtitle F: Domestic Violence - Amends the Omnibus Act to authorize the Director of the BJA to make grants to ten States to assist in implementing a civil and criminal response to domestic violence. Sets forth provisions regarding: (1) use of grant funds; (2) application requirements; (3) limitations on grants and grant renewal; (4) criteria in awarding grants; and (5) reporting requirements. Directs the Attorney General and the Secretary of Health and Human Services (HHS) to report to the Congress on the medical and psychological basis of "battered women's syndrome" and the extent to which evidence of the syndrome has been held to be admissible as evidence of guilt or as a defense in a criminal trial. Subtitle G: Other Provisions - Amends the Federal criminal code to make it unlawful to induce a minor to commit an offense against the United States, subject to specified limitations. Directs the court to consider as an aggravating circumstance the severity of the offense sought by the adult. Amends the General Education Provisions Act to exclude from the definition of "education records" records maintained by a law enforcement unit of the education agency or institution that were created by such unit for law enforcement purposes. Directs the Attorney General, by contract with an appropriate entity with expertise in college campus security, to provide for a baseline study of the effectiveness of campus sexual assault policies for institutions of postsecondary education. Sets forth reporting requirements. Authorizes appropriations. Expresses the sense of the Congress that, in determining child custody and visitation rights, the courts should take into consideration the history of drunk driving of any person involved in the determination. Title VIII: Equal Justice Act - Equal Justice Act - Requires that: (1) the death penalty and all other penalties be administered by the United States and by every State without regard to the race or color of the defendant or victim; and (2) neither the United States nor any State prescribe any racial quota or statistical test for the imposition or execution of the death penalty or any other penalty. Directs that, in a criminal trial in any Federal or State court, on motion of the defense attorney or prosecutor: (1) the risk of racial prejudice or bias be examined on voir dire if there is a substantial likelihood in the circumstances of the case that such prejudice or bias will affect the jury either against or in favor of the defendant; and (2) a change of venue be granted if an impartial jury cannot be obtained in the original venue because of racial prejudice or bias. Bars the prosecutor or the defense attorney from making any appeal to racial prejudice or bias in statements before the jury. Requires: (1) the judge in a Federal capital case before a jury to instruct the jury not to be influenced by prejudice or bias relating to the race or color of the defendant or victim in considering whether a sentence of death is justified, and that the jury is not to recommend the imposition of such sentence unless it has concluded that it would recommend the same sentence for such crime regardless of the race or color of the defendant or victim; and (2) the jury, upon the return of a recommendation of a sentence of death, to also return a certificate, signed by each juror, that the juror's individual decision was not affected by prejudice or bias relating to the race or color of the defendant or victim and that the individual juror would have made the same recommendation regardless of the race or color of the defendant or victim. Makes the fact that the killing of a victim was motivated by racial prejudice or bias an aggravating factor whose existence permits consideration of the death penalty, in a prosecution for an offense against the United States for which a sentence of death is authorized. Amends specified civil rights provisions to cover conspiracy against rights, and deprivation of rights under color of law, of any person (currently, inhabitant of) in a State, territory, or district. Title IX: Funding, Grant Programs, and Studies - Subtitle A: Safer Streets and Neighborhoods - Safer Streets and Neighborhoods Act of 1992 - Amends the Omnibus Act to: (1) authorize appropriations ($1,000,000,000 for FY 1992 and such sums as necessary in FY 1993 and 1994) for grants to State and local LEAs; (2) continue the Federal-State funding formula for such agencies for FY 1992; and (3) permit the use of grants to State and local governments for participation in multi-jurisdictional drug task forces. Subtitle B: Retired Public Safety Officer Death Benefit - Amends the Omnibus Act to provide death benefits to retired public safety officers who become permanently and totally disabled as the direct result of a catastrophic injury sustained while responding to a fire, rescue, or police emergency. Designates the program under such Act pertaining to the payment of death benefits to retired public safety officers as the Irwin Rutman Retired Safety Officer's Benefit Program. Subtitle C: Study on Police Officers' Rights - Directs the Attorney General to conduct a study of the procedures followed in internal, noncriminal investigations of State and local law enforcement officers to determine if such investigations are conducted fairly and effectively. Sets forth reporting requirements. Subtitle D: Community Policing - Chapter 1: Police Corps and Law Enforcement Training and Education Act - Police Corps and Law Enforcement Training and Education Act - Establishes within the Department of Justice (DOJ) an Office of the Police Corps and Law Enforcement Education, to be headed by a Director. Requires a State that desires to participate in the Police Corps Program or the Law Enforcement Scholarship Program to designate a lead agency and submit a State plan containing assurances with respect to: (1) lead agency cooperation with other State and local agencies; (2) the State advertising of the assistance available; (3) State screening and selection of law enforcement personnel for participation in the program; and (4) compliance with other specified requirements. Subchapter A: Police Corps Program - Authorizes the Director to award scholarships (including direct payments to institutions and reimbursement of educational costs) to participants who agree to work for four years in a State or local police force after completion of an educational course of study and receipt of a baccalaureate degree (in the case of undergraduate study) or the reward of credit to the participant for having completed one or more graduate courses (in the case of graduate study) and police corps training, subject to specified conditions. Specifies that scholarships shall only be used to pay educational expenses incurred while in attendance at an institution of higher education in a course of education leading to the award of a baccalaureate degree and for graduate and professional study. Sets forth provisions with respect to: (1) scholarship assistance for dependent children of law enforcement officers; (2) the selection of participants; (3) minority recruitment (which requires each State to seek and recruit among members of all racial, ethnic, or gender groups); and (4) leaves of absence (including a provision allowing the granting of a leave of absence from study or training for a participant requesting leave for up to 30 months to serve on an official church mission). Requires the Director to establish up to three training centers to provide basic law enforcement training to State Police Corps Program participants. Requires participants to attend two eight-week training sessions at such training centers and to meet certain performance standards in order to remain in the program. Requires the Director to pay participants a weekly stipend during training. Requires a State, in order to participate in the Police Corps Program, to submit a plan for implementing such program to the Director for approval. Requires such plan to: (1) include assurances that participants will receive additional State or local training after completing Federal training which shall count toward the four-year service obligation; and (2) provide that program participants shall be assigned to community and preventive patrol in geographic areas with the greatest need for additional law enforcement personnel. Provides for the swearing in of participants as members of the police force to which they are assigned after completing Federal training and meeting the requirements of that police force. Specifies that, if the police force of which the participant is a member lays off the participant in a manner that would preclude the participant from completing four years of service and result in the denial of educational assistance under this subchapter, the Director may permit the participant to complete the service obligation in an equivalent alternative law enforcement service without requiring the participant to repay the scholarship or interest. Authorizes appropriations. Subchapter B: Law Enforcement Scholarship Program - Law Enforcement Scholarships and Recruitment Act - Directs each State to pay from funds under this Act the Federal share (not more than 60 percent) of the cost of awarding scholarships to in-service law enforcement personnel for further education providing full-time employment in the summer or part-time employment for up to one year. Specifies that such employment shall: (1) be provided by State and local LEAs for students who are juniors or seniors in high school or are enrolled in an accredited institution of higher education and who demonstrate an interest in undertaking a career in law enforcement; (2) not be in a law enforcement position; and (3) consist of performing meaningful tasks that inform such students of the nature of the tasks performed by LEAs. Sets forth requirements with respect to: (1) the designation of a lead agency; (2) administrative expenses; and (3) ineligibility for student employment (by an individual who has been employed as a law enforcement officer). Sets forth State and local application requirements. Grants priority in awarding scholarships to members of underrepresented groups, to those pursuing an undergraduate degree, and to those not receiving financial assistance under the Higher Education Act of 1965. Requires each individual awarded a scholarship to work in a law enforcement position in the State which made the award for a period of one month for each credit hour for which funds are received under such scholarship (with a six-month minimum and two-year maximum). Authorizes appropriations. Specifies that 75 percent of funds appropriated under this subchapter shall be available to provide scholarships and 25 percent to provide employment. Subchapter C: Reports - Sets forth provisions requiring: (1) annual reports by the Director to the Attorney General, the President, and specified Members of Congress; and (2) a special report by the Attorney General to the Congress on a plan to expand scholarship assistance to eligible Federal law enforcement officers. Chapter 2: Cop-On-The Beat Grants - The Cop-on-the-Beat Act of 1992 - Amends the Omnibus Act to authorize the Director of the BJA to make grants to units of general local government and community groups to establish or expand cooperative efforts between police and the community to increase the police presence in the community. Requires the Director to develop a written model that informs community members regarding: (1) how to identify the existence of a drug or gang house; (2) what civil remedies are available; and (3) what mediation techniques are available between community members and individuals who have established a drug or gang house in such community. Sets forth application requirements. Requires each application to include a comprehensive plan containing: (1) a description of the crime problems within the areas targeted for assistance, the projects to be developed, community resources and gaps in the plan that cannot be filled with existing resources, and the system the applicant will establish to prevent and reduce crime; (2) an explanation of how the requested grant will be used to fill such gaps; and (3) an evaluation component. Requires the Director to allocate not less than 75 percent of the funds available to units of local government or combinations of such units and not more than 20 percent to community groups. Provides for grant renewal. Limits: (1) costs of administration, technical assistance, and evaluation to five percent of available funds; and (2) the Federal share to 75 percent of total project costs. Requires the Director, in awarding grants, to consider: (1) demonstrated need and ability to provide the services described in the plan; (2) evidence of the ability to coordinate a community-wide response to crime; (3) ability to maintain the program after funding is no longer available; and (4) geographic distribution of grant awards. Sets forth reporting requirements. Authorizes appropriations. Subtitle E: Rural Crime Prevention Strategy - Requires the Director of the National Institute of Justice (NIJ) to conduct a national assessment of the nature and extent of rural crime in the United States, the needs of law enforcement and criminal justice professionals in rural States and communities, and promising strategies to respond effectively to those challenges, including: (1) the problem of clandestine drug laboratories; (2) other environmental crimes, such as the dumping of toxic waste; (3) the cultivation of illegal crops, such as marihuana; (4) the problems of drug and alcohol abuse in rural communities; (5) the problems of family violence and child abuse; (6) the problems of juvenile delinquency and vandalism; (7) the access of law enforcement and criminal justice professionals in rural communities to the services of crime laboratories, the Automated Fingerprint Identification System, and other technological support, and to professional training and development; and (8) the special problems of drug abuse in jurisdictions with populations of 50,000 or less. Requires the Director to: (1) submit the national assessment to the President and the Congress within 12 months; and (2) disseminate the results through programs of training and technical assistance, as well as through reports, publications, and clearinghouse services. Authorizes the Director to make grants to local LEAs for pilot programs and field tests of particularly promising strategies and models, which could then serve as the basis for demonstration and educational programs under the BJA discretionary grant program, such as programs to develop and demonstrate new or improved approaches or techniques for rural criminal justice systems. Authorizes appropriations. Subtitle F: National Commission to Support Law Enforcement - National Commission to Support Law Enforcement Act - Establishes the National Commission to Support Law Enforcement to study and recommend changes regarding LEAs and law enforcement issues on the Federal, State, and local levels. Repeals provisions of the Crime Control Act of 1990 and the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1991, with respect to the establishment of such a Commission. Subtitle G: Other Provisions - Directs the Attorney General to award a grant to an eligible organization in paying for the costs of a Missing Alzheimer's Disease Patient Alert Program. Sets forth application and related requirements. Authorizes appropriations. Authorizes appropriations for BJA discretionary grants under the Omnibus Act. Amends the Omnibus Act to require the Director of the BJA to: (1) establish guidelines and oversee the implementation of family-friendly policies within law enforcement-related offices and divisions of DOJ; (2) study the effects of stress on law enforcement personnel and family well-being, and disseminate the findings of such studies to Federal, State, and local LEAs, related organizations, and other interested parties; (3) identify and evaluate model programs that provide support services to law enforcement personnel and families; (4) provide technical assistance and training programs to State and local LEAs to develop stress reduction and family support; (5) collect and disseminate information regarding family support, stress reduction, and psychological services to Federal, State, and local LEAs, law enforcement-related organizations, and other interested entities; and (6) determine issues to be researched by the BJA and by grant recipients. Authorizes the Director to make grants to States and local LEAs to provide family support services to law enforcement personnel. Directs State or local law enforcement grant recipients to use sums provided to establish or improve training and support programs for law enforcement personnel, including providing at least one of the following services: (1) counseling for law enforcement family members; (2) child care on a 24-hour basis; (3) marital and adolescent support groups; (4) stress reduction programs; and (5) stress education for law enforcement recruits and families. Authorizes such recipients to provide services such as: (1) post-shooting debriefings for officers and their spouses; (2) group therapy; (3) hypertension clinics; (4) counseling for families of personnel killed in the line of duty; and (5) seminars regarding alcohol, drug abuse, gambling, and overeating. Sets forth provisions with respect to: (1) application requirements; (2) geographic distribution of assistance among the States; (3) duration of the grant (not to exceed five years); and (4) limitations on the use of grant funds (not more than ten percent) for administrative purposes. Authorizes the Director to reserve ten percent of appropriated funds for discretionary research grants. Sets forth reporting requirements (by grant recipients and by the Director). Authorizes appropriations. Authorizes the chief correctional officer of each State correctional system to establish a demonstration or system-wide functional literacy program. Sets forth program and reporting requirements. Directs the Attorney General to make grants to State correctional agencies which elect to establish such programs. Authorizes appropriations. Directs the Attorney General to make grants to State and local correctional agencies to assist them in establishing and operating programs designed to reduce recidivism through the development and improvement of life skills necessary for reintegration into society. Sets forth application and reporting requirements. Amends the Public Health Service Act (PHSA) to authorize the Secretary of HHS to make grants for the operating expenses of trauma-care centers with substantial uncompensated costs in areas with significant violence arising from drug abuse. Gives priority to centers: (1) receiving State or political subdivision support not connected to any Federal program; or (2) in areas where a trauma center has ceased participation, or because of uncompensated costs will be unable to participate, in the trauma care system. Limits: (1) support for a center to three fiscal years, subject to extension by the Secretary for one additional year; and (2) the grant amount to any single center to $2,000,000,000 in any fiscal year. Authorizes appropriations. Requires the Director of NIJ to conduct: (1) a study comparing the recidivism rates of individuals under the influence of alcohol or alcohol in combination with other drugs at the time of their offense who participated in a residential treatment program while in the custody of the State with those who did not participate; and (2) a nationwide assessment regarding the use of alcohol and alcohol in combination with other drugs as a factor in violent, domestic, and general criminal activity. Requires the BOP, at least five days prior to the release of a prisoner convicted of a drug trafficking crime or crime of violence on supervised release (or, in the case of a prisoner on supervised release, at least five days prior to the date on which the prisoner changes residence to a new jurisdiction), to provide written notice of the release (or change of residence) to the chief law enforcement officer of the State and of the local jurisdiction in which the prisoner will reside, with exceptions. Specifies that, in the case of a prisoner convicted of an offense committed prior to November 1, 1987, the reference to supervised release in such provision shall be deemed to be a reference to probation or parole. Title X: Illegal Drugs - Subtitle A: Drug Testing - Requires: (1) the Director of the Administrative Office of the U.S. Courts to establish a program of drug testing (including such standards and guidelines as the Director determines necessary to ensure reliability and accuracy of the drug testing programs) of criminal defendants on post-conviction release; and (2) the chief probation officer in each district (where feasible) to arrange for the drug testing of such defendants. Requires, as an explicit condition of probation, parole, or supervised release of a defendant involving a felony or a specified violent or drug offense, that the defendant refrain from any unlawful use of a controlled substance and submit to periodic drug tests. Permits the court to decline to impose such condition for probation if the defendant's presentence report or other reliable sentencing information indicates a low risk of future substance abuse by the defendant. Specifies that a defendant who tests positive may be detained pending verification of a drug test result. Requires the revocation of parole if a prisoner unlawfully uses a controlled substance or refuses to cooperate in drug testing imposed as a condition of parole. Amends the Omnibus Act to condition State eligibility for justice system improvement grants on State implementation of a drug testing program for targeted classes of persons confined in, or subject to supervision in, the criminal justice systems of such State. Specifies that: (1) such program must meet criteria specified by the Attorney General; and (2) no State shall be required to expend an amount for drug testing in excess of ten percent of the minimum amount that the State is eligible to receive under such Act. Directs the Attorney General to promulgate regulations to implement such requirements which: (1) ensure reliability and accuracy of drug test results; and (2) include such other guidelines for drug testing programs in State criminal justice systems as the Attorney General determines are appropriate, as well as provisions by which a State may apply for a waiver of such requirements on the grounds that compliance would impose excessive financial or other burdens on such State or would otherwise be impractical or contrary to State policy. Subtitle B: Precursor Chemicals - Chemical Control and Environmental Responsibility Act of 1992 - Amends the Comprehensive Drug Abuse Prevention and Control Act of 1970 (Comprehensive Act) to: (1) replace references to "listed precursor chemicals" with "list I chemicals" and "listed essential chemicals" with "list II chemicals"; and (2) revise the definition of "regulated person" to include individuals who act as brokers or traders for international transactions involving a listed chemical, tableting machine, or encapsulating machine. Redefines "regulated transaction" to: (1) include international transactions which do not involve the importation or exportation of a listed chemical into or out of the United States if a broker or trader located in the United States participates in the transaction; (2) include, in the case of a listed chemical that is contained in a drug that may be marketed or distributed lawfully in the United States under the Federal Food, Drug, and Cosmetic Act, transactions involving ephedrine or any other listed chemical which the Attorney General may designate as not subject to exemption after finding that such action would prevent diversion and the total quantity of such chemical included in the transaction equals or exceeds the threshold established for that chemical by the Attorney General; and (3) exclude any transaction in a chemical mixture (current law) which the Attorney General has designated as exempt based on a finding that the mixture is formulated in such a way that it cannot be easily used in the illicit production of a controlled substance and that the listed chemical or chemicals contained in the mixture cannot be readily recovered. Requires every person who manufactures or distributes, or who proposes to engage in the manufacture or distribution of, a list I chemical to obtain annually a registration issued by the Attorney General. Authorizes and directs the Attorney General to register an applicant to distribute a list I chemical unless he determines that the issuance of such registration is inconsistent with the public interest, taking into consideration the following factors: (1) maintenance of effective controls against diversion of listed chemicals into other than legitimate channels; (2) compliance with applicable Federal, State, and local law; (3) prior conviction record of the applicant under Federal or State laws relating to controlled substances or chemicals; (4) past experience in the manufacture and distribution of chemicals; and (5) such other factors as may be relevant to and consistent with the public health and safety. Makes provisions with respect to the denial, revocation, and suspension of registration relating to the manufacture, distribution, or dispensation of controlled substances explicitly applicable to list I chemicals. Directs the Attorney General to register an applicant to import or export a list I chemical unless he determines that the issuance of such registration is inconsistent with the public interest. Makes it unlawful for a regulated person to distribute, import, or export a list I chemical without the registration required under the Comprehensive Act. Requires each regulated person who manufactures a listed chemical to report annually to the Attorney General information concerning listed chemicals manufactured by such regulated person. Makes any person located in the United States who is a broker or trader for an international transaction in a listed chemical which is a regulated transaction solely because of that person's involvement as a broker or trader, with respect to that transaction, subject to all of the notification, reporting, record-keeping, and other requirements placed upon exporters of listed chemicals by the Comprehensive Act. Authorizes the Attorney General to: (1) require that the 15 day advance notice requirement with respect to the importation and exportation of listed chemicals apply to all exports of specific listed chemicals to specified nations, regardless of the status of certain customers in such country as "regular customers," if he finds that such action is necessary to support effective diversion control programs or is required by treaty or other international agreement to which the United States is a party; and (2) waive the 15 day advance notice requirement for exports of specific listed chemicals to specified countries, and for the importation of specific listed chemicals, if he determines that such advance notice is not required for effective chemical control, subject to specified requirements. Establishes penalties for: (1) exporting, or serving as a broker or trader for an international transaction involving, a listed chemical, knowing or having reasonable cause to believe that the chemical will be used to manufacture a controlled substance in violation of the laws of the country to which the chemical is exported; and (2) importing or exporting a listed chemical with intent to evade reporting or record-keeping requirements under the Comprehensive Act by falsely representing to the Attorney General that the importation or exportation qualifies for a waiver of the advance notice requirement by misrepresenting either the actual country of final destination of the listed chemical or the actual listed chemical being imported or exported, or both. Amends list I to add benzaldehyde and nitroethane, and delete D-lysergic acid, N-ethylephedrine, and N-ethylpseudoephedrine. Eliminates "regular supplier" status and creates "regular importer" status. Modifies the definition of "controller premises" to include places where listed chemicals or records relating to the manufacture, distribution, or disposition of listed chemicals are maintained. Makes it a felony for a person who possesses a listed chemical with intent that it be used in the illegal manufacture of a controlled substance to manage the listed chemical or waste from such manufacture other than as required under the Solid Waste Disposal Act. Specifies that, in addition to any penalty that may be imposed for the illegal manufacture, possession, or distribution of a listed chemical or toxic residue of a clandestine laboratory, a person who violates such prohibition shall be assessed costs of the initial cleanup and disposal of the listed chemical and contaminated property and the cost of restoring property damaged by exposure to such chemical. Expresses the sense of the Congress that guidelines issued by the Sentencing Commission should recommend that the term of imprisonment for such a violation be not less than five (or in the case of a willful violation, not less than ten) years. Authorizes: (1) the court to order that all or a portion of the earnings from work performed by a defendant in prison be withheld for payment of such costs; and (2) the Attorney General to direct that assets forfeited in connection with a prosecution under this Act be shared with State agencies that participated in the seizure or cleanup of the contaminated site. Specifies that a discharge in bankruptcy does not discharge an individual debtor from any debt for costs assessed with respect to the management of listed chemicals under the Comprehensive Act. Amends the Health Care Quality Improvement Act of 1986 to provide for access by the Attorney General to information in the National Practitioner Data Bank. Subtitle C: Interdiction - Amends the Federal criminal code to make it unlawful for the pilot, operator, or person in charge (pilot) of any aircraft which has crossed the border of the United States, or any aircraft subject to U.S. jurisdiction operating outside the United States, to refuse to obey the order of an authorized Federal law enforcement officer to land (in enforcing controlled substances or money laundering provisions). Directs the Administrator of the Federal Aviation Administration and the Commissioner of Customs to prescribe regulations governing the means by which an order to land may be communicated to the pilot by Federal law enforcement officers. Makes it unlawful for any master, operator, or person in charge (master) of a U.S. vessel or vessel under U.S. jurisdiction to fail to bring to upon being ordered to do so by a Federal law enforcement officer authorized to issue such an order. Specifies that consent or waiver of objection by a foreign nation to the enforcement of U.S. law by the United States under this Act may be obtained by radio, telephone, or similar oral or electronic means and may be proved by certification of the Secretary of State or the Secretary's designee. Sets forth penalties for violation of this subtitle. Authorizes the seizure and forfeiture of any vessel or aircraft that is used in violation of this subtitle. Allows the Secretary of the Treasury and the Secretary of Transportation to delegate Federal law enforcement officer seizure and forfeiture responsibilities under these provisions to other law enforcement officers. Provides for the immediate revocation of the registration of an aircraft upon the failure of the operator to follow the order of a Federal law enforcement officer to land the aircraft. Directs the Administrator to: (1) notify the owner of the aircraft that such person no longer holds U.S. registration for such aircraft; and (2) establish procedures for the owner of the aircraft to show cause why the registration was not revoked as a matter of law by operation of such provision, or why circumstances existed pursuant to which the Administrator should determine that it would be in the public interest to issue a new certificate of registration to the owner, effective concurrent with the revocation. Amends the FAA to require the Administrator to issue an order revoking the airman certificate of any person that the Administrator finds, while acting as the operator of an aircraft, knowingly failed to follow the order of a law enforcement officer to land, with exceptions. Authorizes the Coast Guard to issue orders and make inquiries, searches, seizures, and arrests with respect to violations of U.S. laws occurring aboard any aircraft subject to U.S. jurisdiction over the high seas and waters over which the U.S. has jurisdiction. Establishes a civil penalty of up to $25,000 for any master of a vessel or pilot or operator of an aircraft who intentionally fails to comply with an order of a Coast Guard commissioned officer, warrant officer, or petty officer relating to the boarding of a vessel or landing of an aircraft for specified purposes (and up to $5,000 for negligently failing to comply with such order), as well as in rem liability with respect to the vessel or aircraft. Amends the Tariff Act of 1930 to establish analogous civil penalties with respect to intentional and negligent failures to obey an order to land or bring to. Authorizes the Coast Guard: (1) to exchange information with international organizations (currently limited to foreign governments); (2) to suggest to the Secretary of State international collaboration and conferences on all matters dealing with maritime law enforcement and maritime environmental protection (currently limited to safety of life and property at sea); and (3) when so requested by the Secretary, to utilize its personnel and facilities to assist any foreign government or international organization to perform any activity for which such personnel and facilities are especially qualified. Authorizes the President, upon application from foreign governments or international organizations (current law excludes the latter) to utilize officers and enlisted members (under current law, to detail members) of the Coast Guard to assist such governments or organizations in matters concerning which the Coast Guard may be of assistance. Amends the Mansfield Amendment to permit maritime law enforcement operations in archipelagic waters. Subtitle D: Rural Drug Crime - Amends the Omnibus Act to authorize appropriations, and increase the base allocation, for rural drug enforcement assistance. Directs the Attorney General to establish a Rural Drug Enforcement Task Force in each of the Federal judicial districts which encompass significant rural lands. Specifies the membership of such task forces. Authorizes the Attorney General to cross-designate up to 100 Federal officers with jurisdiction to enforce CSA provisions on non-Federal lands to the extent necessary to effect the purposes of this subtitle. Requires the Director of the Federal Law Enforcement Training Center to develop a specialized course of instruction devoted to training law enforcement officers from rural agencies in the investigation of drug trafficking and related crimes. Authorizes appropriations. Amends the PHSA to require the Director of the Office for Treatment Improvement to establish a program to provide grants to hospitals, community health centers, and other appropriate entities that serve nonmetropolitan areas to assist in developing and implementing projects that provide, or expand the availability of, substance abuse treatment services. Authorizes appropriations. Requires the alcohol and drug abuse information clearinghouse (required to be established under the PHSA) to: (1) gather information pertaining to Alcohol, Drug Abuse, and Mental Health Administration and other rural drug treatment and education projects operating throughout the United States; and (2) disseminate information to rural hospitals, community health centers, community mental health centers, treatment facilities, community organizations, and other interested individuals. Subtitle E: Grant Programs - Amends the National Narcotics Leadership Act of 1988 to authorize the President to declare a State or part of a State to be a drug emergency area. Requires requests for such a declaration to be made, in writing, by the Governor or chief executive officer (CEO) of any affected State or local government and forwarded to the President through the Director of Policy. Allows cities, counties, or States to submit a joint request. Requires requests to be based on a written finding that the emergency is of such severity and magnitude that Federal assistance is necessary to ensure an effective response. Prohibits the President from limiting declarations made under this Act to highly-populated centers of drug trafficking, drug use, or drug-related violence. Requires the President to consider applications from governments of less populated areas where the magnitude and severity of such activities are beyond the capability of the State or local government to respond. Requires Governors or CEOs, as part of such requests and as a prerequisite to such assistance, to: (1) take appropriate action under State or local law to respond to the crisis and furnish information on the nature and amount of State and local resources which have been or will be committed to alleviating the emergency; (2) certify that State and local government obligations and expenditures will comply with all applicable cost-sharing requirements; and (3) submit a detailed plan outlining the State or local government's short- and long-term plans to respond to the emergency. Requires the Director to review requests submitted and forward the application to the President, along with a recommendation. Authorizes the President to make grants to State or local governments of up to $50,000,000 for any single emergency. Limits the Federal share to 75 percent of the costs necessary to implement the short- and long-term plans. Limits the duration of assistance to a drug disaster area to one year, except that the President, on application of a Governor of a State or CEO of a local government, may extend Federal assistance for up to 180 days. Requires a State or local government receiving Federal assistance to balance the allocation of such assistance evenly between drug supply and demand reduction efforts, unless State or local conditions dictate otherwise. Authorizes the President to: (1) direct any Federal agency to utilize its authorities and resources to support State and local efforts; and (2) provide technical and advisory assistance. Directs the Comptroller General to conduct an audit of any Federal assistance beyond a specified amount. Authorizes appropriations. Amends the Omnibus Act to require the Attorney General to make grants to eligible community coalitions to implement comprehensive long-term strategies for substance abuse prevention, assess existing programs, identify and solicit funding sources, develop priorities, and coordinate substance abuse services and activities. Requires coalitions to encourage voluntary participation and community involvement and submit reports to the Attorney General and the appropriate State agency. Authorizes appropriations. Authorizes the Director of the BJA to make grants for use by States in developing and implementing residential substance abuse treatment programs within State correctional facilities. Sets forth application requirements, including: (1) assurances that Federal funds received will be used to supplement, not supplant, non-Federal funds for funded activities; (2) that the application coordinate the design and implementation of treatment programs between State correctional representatives and the State Alcohol and Drug Abuse agency; (3) agreement by the State to implement or continue to require urinalysis or similar testing of individuals in correctional residential substance abuse programs, including testing of individuals released from such programs who remain in State custody; and (4) provisions regarding aftercare services. Sets forth requirements with respect to: (1) duties of the designated State office under the Omnibus Act (application preparation and grant administration); (2) the review of State applications by the BJA; (3) the allocation and distribution of funds; and (4) evaluation. Limits the Federal share to 75 percent of total project costs. Authorizes appropriations. Authorizes the Director of the BJA to make grants to States, for use by States and units of local government, to develop, implement, or continue drug testing projects when individuals are arrested and during the pretrial period. Sets forth provisions regarding: (1) State applications, including a requirement that the State agree to develop or maintain programs of urinalysis or similar drug testing of individuals upon arrest and on a regular basis pending trial for the purpose of making pretrial detention decisions; (2) local applications; (3) the allocation and distribution of funds to State and local governmental units; and (4) reporting requirements. Authorizes appropriations. Subtitle F: Other Provisions - Amends the CSA to: (1) increase penalties for specified offenses involving crystalline methamphetamine; and (2) prohibit any published advertisement knowing that it has the purpose of seeking or offering illegally to receive, buy, or distribute a schedule I controlled substance. Amends the CSA to impose mandatory minimum criminal penalties for the unlawful distribution or possession of controlled substances within 1,000 feet of a truck stop or safety rest area. Prohibits the granting of probation for any person who violates this provision after a prior conviction under such provision has become final. Requires the Sentencing Commission to promulgate specified sentencing guidelines for violation of such provisions. Bars multiple enhancements. Provides for enhanced penalties for drug trafficking in prisons. Amends the Anti-Smuggling Act to provide that prima facie evidence that a vessel, vehicle, or other conveyance is being, has been, or is attempted to be employed in smuggling or to defraud the revenue of the United States shall be that a vessel fails to display lights under specified circumstances and that, in the case of a vehicle or other conveyance, the fact that it has a compartment or equipment that is built or fitted for smuggling. (Current law specifies only "a vessel", employed in "smuggling", and excludes the provision regarding compartments or equipment found in a vehicle or other conveyance.) Amends the Tariff Act of 1930 to make the penalty for failure to declare a controlled substance 1,000 percent of the value of the article (as under current law) or $500, whichever is greater. Amends the Anti-Drug Abuse Act to make amendments with respect to certain Internal Revenue Service (IRS) undercover operations effective from the date of the enactment of this Act through December 31, 1994. Amends the CSA to authorize the Attorney General to bring a civil action against any person who violates drug paraphernalia provisions of such Act and to assess a civil penalty of up to $100,000 and grant other appropriate (including injunctive) relief. Specifies that if a defendant is found by the court to be in possession of a controlled substance, thereby violating such defendant's probation, the court shall resentence such person to a sentence that includes a term of imprisonment (under current law, to not less than one-third of the original sentence). Amends the CSIEA: (1) and the CSA to make penalties applicable to offenses involving less than 50 kilograms of marihuana applicable with respect to less than 50 kilograms of a mixture or substance containing a detectable amount of marihuana; and (2) to reduce from 100 to 50 the number of marihuana plants needed to qualify for specified penalties. Adds certain drug offenses as requiring fingerprinting and records for recidivist juveniles under the CSA and CSIEA. Amends the CSA and CSIEA to require that persons violating specified CSA provisions after two or more prior convictions for a felony drug offense have become final be sentenced to a mandatory term of life imprisonment without release and be fined under such Act. Increases penalties for a second offense of distributing drugs to a minor. Provides for life imprisonment without release for criminals convicted of a third felony drug offense, crime of violence, or combination thereof. Increases prison sentences and bars release for individuals who: (1) sell illegal drugs to persons under age 18; and (2) employ persons under age 18 in drug trafficking activities. Amends the CSA to expand the definition of "drug paraphernalia" (such as to include scales and balances designed for measuring, and containers intended for storing and concealing, controlled substances, and hypodermic syringes and needles). Declares that it is Government policy that the use or distribution of illegal drugs in the nation's Federal prisons shall not be tolerated and that such crimes shall be prosecuted to the fullest extent of the law. Amends the CSA to: (1) provide mandatory penalties for illegal drug use in Federal prisons; and (2) provide for enhanced penalties for drug distribution to pregnant women. Amends the Assimilative Crimes Statute to require the imposition of a Federal penalty (if not already imposed by a State) of one year imprisonment and a $1,000 fine, or both, in addition to any term of imprisonment under State law, for driving under the influence of drugs or alcohol, if a minor (other than the offender) was present in the vehicle at the time of the offense. Amends the common carrier provisions of the Federal criminal code to increase the penalty for operating a common carrier under the influence of drugs or alcohol if a minor (other than the offender) is present in the vehicle by up to one year's imprisonment (or if serious bodily injury of a minor is caused, five years; or if death of a minor is caused, ten years) and an additional $1,000 fine, or both. Defines "minor" as a person less than 18 years of age. Amends the CSA to: (1) provide penalties for the distribution of controlled substances in public housing authority facilities; (2) authorize the Attorney General to bring a civil action against violators of prohibitions against maintaining places for the manufacture, distribution, or use of controlled substances, (and the court to assess a civil penalty of up to $100,000 and grant such other relief, including injunctions and evictions, as appropriate); (3) increase penalties for drug dealing in "drug-free" zones; and (4) establish penalties for any physical trainer or adviser who persuades or induces an individual to possess or use anabolic steroids in violation of such Act. Directs the Attorney General to implement a program of national awareness of specified provisions of law that condition portions of a State's Federal highway funding on such State's enactment of legislation requiring the revocation of the driver's licenses of convicted drug abusers. Amends the Drug-Free Schools and Communities Act of 1986 to authorize the use of certain grant funds for drug abuse resistance education programs for local governments with the concurrence of local educational agencies (currently, limited to use for such agencies). Amends the Federal criminal code to provide penalties for misuse of the words "Drug Enforcement Administration" or the initials "DEA". Title XI: Public Corruption - Anti-Corruption Act of 1992 - Amends the Federal criminal code to prescribe criminal penalties to be imposed against anyone who uses any facility of, or affects, interstate or foreign commerce to deprive or defraud the inhabitants of a State or political subdivision of a State of: (1) the honest services of a government official or employee; or (2) a fair and impartially conducted election process through the use of fraudulent ballots or voter registration forms, paying or offering to pay any person for voting, or the filing of fraudulent campaign reports. Prescribes criminal penalties to be imposed against anyone who deprives or defrauds the inhabitants of the United States of the honest services of a public official. Prescribes criminal penalties to be imposed upon any official or person who has been selected to be a public official, in order to carry out or conceal any scheme or artifice to defraud, discriminate, harass, or take adverse action against any employee or official of the United States or any State or political subdivision. Authorizes such an adversely affected employee or official to obtain relief through a civil action, provided such person did not participate in the scheme or artifice. Amends mail fraud provisions to prohibit the use of any facility of interstate or foreign commerce in the execution of a scheme or artifice to defraud. Makes it a class B felony for: (1) a public official to corruptly demand, seek, receive, accept, or agree to receive or accept anything of value in return for being influenced in the performance or nonperformance of an official act, or to commit, aid in committing, collude in, or allow or make opportunity for the commission of any offense against the United States or any State; and (2) any person to corruptly give, or promise anything of value with intent to influence any official act, such official to commit, collude in, or allow or make opportunity for the commission of such offense, or such official to do or omit any act in violation of such official's lawful duty. Makes such provisions applicable with respect to any such offense which involves, is part of, or is intended to further or conceal the illegal possession, importation, manufacture, transportation, or distribution of any controlled substance or controlled substance analogue. Title XII: General Provisions - Subtitle A: Violent Crimes - Amends the Federal criminal code to set penalties for specified robbery, kidnapping, smuggling, and property damage offenses. Increases the maximum penalty for: (1) assaults against specified classes of individuals; (2) manslaughter; (3) interstate and foreign travel or transportation in aid of racketeering enterprises; and (4) conspiracy to commit murder for hire. Establishes a mandatory sentence for the commission of a felony against an individual age 65 or older. Sets limitations on the discretion of the court with respect to authorizing probation, allowing the defendant to serve consecutive sentences, and accepting plea agreements. Amends the Federal Rules of Criminal Procedure to: (1) preclude either the defendant or the court from waiving a presentence investigation and report unless there is sufficient information in the record for the court to determine whether a mandatory sentence must be imposed; (2) require such report to contain verified information as to whether any victim of the offense had attained age 65 on the date that the offense was committed; and (3) make an exception to the general rule authorizing plea bargain discussions in cases involving the commission of a felony against individuals age 65 and older. Subtitle B: Civil Right Offenses - Increases the maximum penalty for certain civil rights violations, including damage to religious property. Subtitle C: White Collar and Property Crimes - Establishes penalties for knowingly receiving the proceeds of: (1) a postal robbery; (2) extortion; and (3) a kidnapping. Sets forth penalties for obstructing a proceeding made under the civil investigative demand provisions of: (1) the Racketeer Influenced and Corrupt Organizations statute; and (2) a specified Federal law relating to monetary transactions. Makes violations of provisions with respect to continuing financial crimes enterprises and obstructing examination of a financial institution predicate offenses to the financial institutions reward statute. Defines "savings and loan association" under bank robbery-related provisions of the Federal criminal code to mean: (1) any Federal or State savings association having accounts insured by the Federal Deposit Insurance Corporation; and (2) any corporation meeting specified requirements under the Federal Deposit Insurance Act, which is operating under U.S. law. Makes it unlawful for a governmental entity, or a person acting in conjunction with such entity, to operate, sponsor, advertise, promote, license, or authorize a lottery sweepstakes, or other betting, gambling, or wagering scheme based, directly or indirectly, on one or more competitive games in which amateur or professional athletes participate, or intend to participate, or on one or more performances of such athletes in such games. Authorizes the commencement of a civil action in district court to enjoin violations. Amends the Federal criminal code to impose criminal sanctions for copyright violations involving the reproduction or distribution, during any 180-day period, of specified numbers of copies infringing the copyright in one or more computer programs. Amends the Federal Deposit Insurance Act to bar any exceptions from the ten-year ban on participation in specified activities with respect to insured depository institutions for individuals convicted of the following offenses: (1) obstructing examination of a financial institution; and (2) engaging in monetary transactions in property derived from specified unlawful activity. Amends the Federal Credit Union Act to prohibit, except with the prior consent of the Federal Credit Union Board: (1) any person who has been convicted of a criminal offense involving dishonesty or a breach of trust (as under current law) or has agreed to enter into a pretrial diversion or similar program in connection with a prosecution for such offense, from participating, directly or indirectly, in the conduct of the affairs of any insured credit union (as under current law), or becoming or continuing as an institution-affiliated party with respect to any insured credit union; and (2) any insured credit union from permitting any such person from engaging in any such conduct or continuing in any such relationship. Establishes a minimum ten-year ban on such participation for specified offenses, with exceptions. Amends the Crime Control Act of 1990 to encourage the Attorney General to submit a report to the Congress with respect to the financial institutions fraud task forces established under such Act as they relate to the collapse of private deposit insurance corporations. Establishes penalties or subjects to lawsuits individuals who intentionally disclose the contents of certain wire, oral, or electronic communications knowing that the information was obtained through the interception of such a communication in connection with a criminal investigation, having obtained or received the information in connection with a criminal investigation, with intent to improperly interfere with a duly authorized criminal investigation. Exempts from the prohibition on the use as evidence of intercepted wire or oral communications the admission into evidence of the contents of such a communication, or evidence derived therefrom, which has been disclosed in violation of such provision. Establishes penalties for: (1) the theft of major art works from museums; and (2) the exhibition or storage by a museum of any such stolen work. Amends the Federal criminal code to: (1) delete the $250 cap on the maximum fine for the unauthorized wearing, manufacturing, or selling of military decorations or medals; and (2) include trades, barters, or exchanges for anything of value as sales. Motor Vehicle Theft Prevention Act - Directs the Attorney General to develop a national voluntary motor vehicle theft prevention program under which: (1) the owner of a motor vehicle may voluntarily sign a consent form with a participating State or locality in which the motor vehicle owner states that the vehicle is normally operated under certain specified conditions and agrees to display program decals or devices on the owner's vehicle and permit law enforcement officials in any State to stop the vehicle and take reasonable steps to determine whether such vehicle is being operated by the owner or with the owner's permission, if the vehicle is being operated under such conditions; (2) participating States and localities authorize law enforcement officials in the State or locality to stop motor vehicles displaying program decals or devices under such conditions and take reasonable steps to determine whether the vehicle is being operated by or with the permission of the owner; and (3) Federal law enforcement officials are authorized to stop such vehicles under such conditions and make such determination. Requires such program to include a uniform design or designs for decals or other devices to be displayed by motor vehicles participating in the program which shall: (1) be highly visible; and (2) explicitly state that the motor vehicle to which it is affixed may be stopped under the specified conditions without additional grounds for establishing a reasonable suspicion that the vehicle is being operated unlawfully. Sets forth requirements with respect to the voluntary consent form. Directs the Attorney General to promulgate rules establishing the conditions under which participating motor vehicles may be authorized to be stopped under this Act, such as the operation of the vehicle during certain hours of the day or under circumstances which would provide a sufficient basis for establishing a reasonable suspicion that the vehicle was not being operated by, or with the consent of, the owner. Sets forth provisions with respect to the establishment of more than one set of conditions under which participating motor vehicles may be stopped. Requires the notification of lessees of motor vehicles for hire of participation in the program, as specified. Sets forth penalties for failure to comply with such notice provisions. Authorizes a State or locality to participate in the program by filing an agreement to comply with the terms and conditions of the program with the Attorney General. Specifies that, as a condition of participation, a State or locality must agree to take reasonable steps to ensure that law enforcement officials throughout the State or locality are familiar with the program and with the conditions under which motor vehicles may be stopped under the program. Authorizes appropriations. Includes within the scope of a provision setting penalties for the removal of or tampering with an identification number for a motor vehicle or motor vehicle part the removal of or tampering with a decal or device affixed pursuant to this Act, with exceptions. Sets forth penalties for the unauthorized application of a theft prevention decal or device, or a replica thereof. Amends the Federal criminal code to provide that, wherever it is an element of an offense that property was stolen or counterfeited and that the defendant knew that the property was of such character, such element may be established by proof that the defendant, after or as a result of an official representation as to the nature of the property, believed the property to be stolen or counterfeited. Includes within mail fraud provisions depositing specified matter to be sent by any private or commercial interstate carrier (current law applies only to matter sent by the Postal Service). Establishes penalties for knowingly and with intent to defraud: (1) affecting transactions with one or more access devices (ADs) issued to another person to receive any thing of value aggregating $1,000 or more during any one-year period; (2) without the authorization of the issuer of the AD, soliciting a person for the purpose of offering, or selling information regarding or an application to obtain, an AD; or (3) without the authorization of the credit card system member or its agent, causing or arranging for another person to present to the member or its agent for payment evidence or records of transactions made by an AD. Establishes penalties for persons engaged in the business of insurance whose activities affect commerce, who: (1) knowingly make a materially false statement or report or willfully overvalue land, property, or security in connection with reports or documents presented to an insurance regulatory official or agency, or to any agent or examiner (official) appointed to examine the affairs of such person for the purpose of influencing in any way the actions of such official; (2) embezzle or willfully misappropriate funds or property while acting as an officer, director, agent, or employee (officer) of such person; (3) knowingly make a false entry of material fact in any book, report, or statement of such person with intent to deceive any person about the financial condition or solvency of such business, or to deceive any officer of such person or any insurance regulatory official; and (4) by threats or force, corruptly influence, obstruct, or endeavor corruptly to influence or obstruct the proper administration of the law under which a proceeding (involving the business of insurance whose activities affect interstate commerce) is pending before an insurance regulatory official to examine the affairs of such person. Authorizes the Attorney General to seek civil penalties and injunctions for violations of such provisions. Sets forth penalties for obstructing criminal investigations with respect to the prosecution of cases of insurance fraud. Increases penalties for trafficking in counterfeit goods and services. Computer Abuse Amendments Act of 1992 - Amends the Computer Fraud and Abuse Act to make it a felony to knowingly transmit an unauthorized program or code that alters the information stored in a computer with the intent to damage the system or information contained within the affected computer or computer system, or to withhold or deny the use of such system or information, if the transmission: (1) occurred without the authorization of the person responsible for the computer system receiving the program; and (2) causes damage exceeding $1,000 in any one-year period or modifies or impairs the medical care of one or more individuals. Makes such offense punishable by a fine and up to five years in prison. Sets forth parallel provisions with respect to recklessly transmitting a destructive computer program or code. Makes such offense a misdemeanor, punishable by a fine and imprisonment for up to one year. Creates a civil cause of action for compensatory or injunctive relief for persons suffering damage or loss by virtue of a violation of this Act. Limits damages to economic damages, except for medical records violations. Sets a statute of limitation of two years from the date of the act complained of, or from the date of discovery of the damage. Requires the Attorney General to report to the Congress annually during the first three years following the date of enactment of this Act concerning prosecution under this Act. Repeals provisions which exclude automated typewriters and typesetters, portable hand held calculators, and similar devices from the definition of "computer." Modifies the prohibition against accessing a Government computer where such conduct affects the use of the Government's operation of such computer to cover only actions that "adversely" affect such use. Amends the FAA to direct the Administrator of the Federal Aviation Administration to issue regulations requiring employees and agents to report to appropriate Federal and State law enforcement officers incidents in which the employee or agent, in the course of conducting screening procedures, discovers a controlled substance, or an amount of cash in excess of $10,000, the possession of which may be a violation of Federal or State law. Subtitle D: Sentencing and Procedure - Amends the Federal criminal code to: (1) require the court, in sentencing a defendant for a violation of probation or supervised release, to consider applicable guidelines or policy statements issued by the U.S. Sentencing Commission; and (2) permit the court, if a defendant violates a condition of probation, to resentence the defendant (Under current law, the court may impose any other sentence that was available at the time of the initial sentencing.) Provides for the mandatory revocation of probation for possession of a controlled substance or firearm (currently, applies only to actual possession of a firearm). Requires the court, under such circumstances, to resentence the defendant to a sentence that includes a term of imprisonment. (Current law directs the court to impose any other sentence that was available at the time of the initial sentencing.) Directs the court to require, as an explicit condition of probation or supervised release, that the defendant not unlawfully possess a controlled substance. (Current law specifies that the defendant not possess illegal controlled substances.) Specifies that a defendant whose term of supervised release is revoked may not be required to serve more than five years in prison if the offense that resulted in the term of release is a class A felony, more than three years if such offense is a class B felony, more than two years for a class C or D felony, or more than one year in any other case. (Current law specifies only no more than three years for a class B felony or more than two years for a class C or D felony.) Requires the court to revoke the term of supervised release and require the defendant to serve a term of imprisonment not to exceed the maximum authorized if the defendant possesses a controlled substance in violation of a condition of supervised release, or possesses a firearm in violation of Federal law or otherwise violates a condition of supervised release prohibiting the defendant from possessing a firearm, or refuses to cooperate in drug testing imposed as a condition of supervised release. (Current law states that if the defendant is found to be in possession of a controlled substance, the court shall terminate the term of supervised release and require the defendant to serve in prison not less than one-third of the term of release.) Provides that: (1) when a term of supervised release is revoked and the defendant is required to serve a term of imprisonment less than the maximum authorized, the court may require that the defendant be placed on a term of supervised release after imprisonment (for a length of time not to exceed the term of release authorized by statute for the offense that resulted in the original term of supervised release, less any term of imprisonment imposed upon revocation of such release); and (2) the power of the court to revoke a term of supervised release for violation of a condition of such release and to order the defendant to serve a term of imprisonment and a further term of such release extends beyond the expiration of the term of such release for any period reasonably necessary for the adjudication of matters arising before its expiration, subject to specified conditions. Amends the Federal criminal code to: (1) authorize probation for a petty offense if the defendant has been sentenced to a term of imprisonment at the same time for another such offense; (2) provide for trial by a magistrate in petty offense cases; (3) authorize a magistrate who has sentenced a person to a term of supervised release in a misdemeanor case to revoke or modify the term or conditions of such release; and (4) permit supervised release for juvenile offenders, subject to specified conditions. Permits a U.S. attorney to request an order requiring an individual to give testimony or provide other information which such individual refuses to give or provide based on the privilege against self-incrimination under specified circumstances with the approval of an officer or employee of the Criminal Division of DOJ designated by the Attorney General (currently, only with the approval of specified officials). Amends the Federal judicial code to authorize a voting member of the Sentencing Commission whose term has expired to continue to serve until the earlier of the date on which: (1) a successor has taken office; or (2) the Congress adjourns sine die to end the session of Congress that commences after the date on which the member's term expired. Subtitle E: Immigration-Related Offenses - Establishes civil penalties for: (1) inducing an alien to commit an aggravated felony; and (2) the commission of an aggravated felony by an alien. Directs the court to consider the severity of the offense sought or committed by the offender as a circumstance in aggravation. Sets forth provisions with respect to enforcement of such provision. Establishes in the Treasury the Criminal Alien Identification and Removal Fund. Specifies that: (1) 90 percent of the monies in the Fund in a fiscal year may be used by the Attorney General to assist the Immigration and Naturalization Service (INS) to identify, investigate, detain, and deport aliens who have committed an aggravated felony and to fund specified additional immigration judge positions; and (2) ten percent of such monies may be distributed as grants to the States by the Attorney General to assist the States in implementing or expanding specified immigration-related provisions of the Omnibus Act. Amends the Immigration and Nationality Act to provide for the deportation of aliens convicted of operating a motor vehicle while under the influence of, or impaired by, alcohol or a controlled substance arising in connection with a fatal traffic accident or traffic accident resulting in serious bodily injury to an innocent party. Subtitle F: United States Marshals - United States Marshals Association Establishment Act - Establishes the United States Marshals Association as a charitable, nonprofit corporation to strengthen public knowledge of law enforcement and of the U.S. Marshals Service, to promote the exchange of information among private and public institutions and individuals about, and research of, law enforcement and justice systems issues, and to promote an effective justice system and the general welfare of law enforcement. Authorizes the Director of the U.S. Marshals Service to provide personnel, facilities, and other administrative services to the Association and to accept voluntary services of the Association. Specifies that no part of the income or assets of the Association shall inure to any member or officer of the Association or Director of the Board or be distributed to any such person, with exceptions for reasonable compensation or reimbursement for actual necessary expenses. Bars the Association from making loans to any Director or officer or employee of the Association, or from issuing stock or declaring or paying dividends. Specifies that the Association and any agent of the Association shall be considered an employer for purposes of title VII of the Civil Rights Act of 1964 and the Americans with Disabilities Act of 1990 if the Association is engaged in an industry affecting commerce and meets the minimum employee requirements set forth in such Acts. Makes it unlawful for the Association, on the basis of race, color, religion, sex, national origin, age, or disability, to: (1) fail or refuse to accept an individual into membership; (2) expel such individual from membership; (3) suspend such individual's membership; or (4) discriminate against such individual with respect to any of the benefits or obligations of membership. Authorizes: (1) a right of action to enforce such prohibition; and (2) the court to grant injunctive or other equitable relief. Authorizes the Association to acquire the assets of the United States Marshals Association, a nonprofit organization organized under the laws of the State of Virginia before the enactment of this Act. Subtitle G: Other Provisions - Designates the venue for espionage and related offenses as the District of Columbia or any other district authorized by law. Defines "livestock" (under the Federal criminal code) to mean any domestic animals raised for home use, consumption, or profit. Amends the Federal judicial code to: (1) authorize court for the Eastern District of Pennsylvania to be held in Lancaster, Pennsylvania; and (2) provide for the reimbursement of attorney's fees for current and former DOJ employees who were the subject of a criminal or disciplinary investigation related to such employee's discharge of official duties, where the investigation resulted in neither disciplinary action nor criminal indictment against such employee (but permits the Attorney General to make an inquiry into the reasonableness of the sum requested, based on specified guidelines). Authorizes appropriations for the construction of a U.S. Attorney's Office in Philadelphia, Pennsylvania. Requires each clerk of a Federal or State criminal court to: (1) report to the IRS the name and taxpayer identification number of any individual charged with a criminal offense who posts cash bail, or on whose behalf cash bail is posted, in an amount exceeding $10,000, and any individual or entity (other than a licensed bail bonding individual or entity) posting such cash bail for or on behalf of such individual; and (2) submit a copy of each such report to the offices of the U.S. Attorney and the local prosecuting attorney. Amends the Federal judicial code to require the Attorney General to: (1) mandate that any State or local LEA receiving funds from the DOJ Assets Forfeiture Fund conduct an annual audit and report the results of the audit to the Attorney General; (2) include all such audit reports within the Attorney General's report to the Congress; and (3) report for each fiscal year a description of the administrative and contracting expenses paid from the Fund. Amends the Omnibus Act to authorize the use of drug control and system improvement grants to develop or improve in a forensic laboratory a capability to analyze DNA for identification purposes. Requires State applications for grant funds to certify, if any part of such grant is to be used to develop or improve a DNA analysis capability in a forensic laboratory, that: (1) DNA analyses performed at such laboratory will satisfy or exceed then current standards for a quality assurance program for DNA analysis issued by the Director of the FBI; (2) DNA samples obtained by, and DNA analyses performed at, such laboratory will be accessible only to criminal justice agencies for law enforcement identification purposes, to a defendant for criminal defense purposes, who shall have access to samples and analyses in connection with the case in which the defendant is charged, and to others, if identifiable information is removed, for a population statistics database, for identification research and protocol development purposes, or for quality control purposes; and (3) such laboratory and each analyst performing DNA analyses at such laboratory will undergo, at regular intervals of not to exceed 180 days, external proficiency testing by a DNA proficiency testing program meeting the standards issued under this subtitle. Authorizes appropriations. Requires the Director of the FBI: (1) within 180 days, to appoint an advisory board on DNA quality assurance methods (and appoint members of the board from among nominations proposed by the head of the National Academy of Sciences and professional societies of criminal laboratory directors) to develop, and if appropriate, periodically revise, recommended standards for quality assurance, including standards for testing the proficiency of forensic laboratories in conducting such analyses. Mandates that such standards: (1) specify criteria for quality assurance and proficiency tests to be applied to the various types of DNA analyses used by forensic laboratories; and (2) include a system for grading proficiency testing performance to determine whether a laboratory is performing acceptably. Authorizes the Director of the FBI to establish an index of DNA identification records of persons convicted of crimes, analyses of DNA samples recovered from crime scenes, and analyses of DNA samples recovered from unidentified human remains. Specifies that such index shall include only information on DNA identification records and analyses that are: (1) based on analyses performed in accordance with publicly available standards that satisfy or exceed specified guidelines for the quality assurance program for DNA analysis; (2) prepared by labs and DNA analysts that undergo regular external proficiency testing; and (3) maintained by Federal, State, and local criminal justice agencies pursuant to rules that restrict disclosure of stored DNA samples and analyses. Makes the exchange of DNA identification records subject to cancellation if the quality control and privacy requirements of this subtitle are not met. Requires: (1) FBI personnel who perform DNA analyses to undergo, at regular intervals of not exceeding 180 days, external proficiency testing by a DNA proficiency testing program meeting the standards issued pursuant to this Act; and (2) the Director of the FBI to submit an annual report on the results of such tests to House and Senate Judicial Committees for five years after the enactment of this Act and arrange for periodic blind external tests to determine the proficiency of DNA analysis performed at the FBI laboratory within one year. Restricts disclosure of DNA tests performed for a Federal LEA to: (1) criminal justice agencies for law enforcement identification purposes; or (2) for criminal defense purposes, a defendant, who shall have access to samples and analyses performed in connection with the case in which the defendant is charged. Authorizes disclosure of test results for a population statistics database, for identification research and protocol development purposes, or for quality control purposes if personally identifiable information is removed. Sets fines of up to $100,000 for individuals: (1) having access to individually identifiable DNA information indexed in a database created or maintained by a Federal LEA by virtue of employment or official position who willfully disclose such information to any person or agency not entitled to receive it; and (2) who, without authorization, willfully obtain DNA samples or such individually identifiable DNA information. Authorizes appropriations. Amends the Omnibus Act to: (1) authorize the Director of the BJA to make grants to local educational agencies to provide assistance to such agencies most directly affected by crime and violence; and (2) require the Director to develop a written safe schools model (in English and in Spanish) in a timely fashion and make such model available to any such agency that requests such information. Earmarks such grants: (1) to fund anticrime and safety measures, and to develop education and training programs for the prevention of crime, violence, illegal drugs, and alcohol; and (2) for counseling programs for victims of crime within schools, crime prevention equipment, and the prevention and reduction of youth participation in organized crime and drug- and gang-related activities in schools. Sets forth application requirements, provisions with respect to limits on administrative costs and grant renewal, factors in the Director's consideration in awarding grants, and reporting requirements. Authorizes appropriations. Title XIII: Technical Corrections - Makes technical corrections to the Omnibus Act, CSA, Federal criminal code, and other statutes. Title XIV: Federal Law Enforcement Agencies - Federal Law Enforcement Act of 1992 - Authorizes appropriations for the Drug Enforcement Agency, FBI, INS, U.S. attorneys, U.S. marshals, the Bureau of Alcohol, Tobacco, and Firearms, U.S. courts, and defender services. Title XV: Federal Prisons - Authorizes appropriations for new prison construction.
United States · United States Congress · 27 February 1992
Target FHA to 1st-Time Homebuyers Act - Amends the National Housing Act to authorize a mortgage limit increase for first-time homebuyers. Directs the Secretary of Housing and Urban Development to increase mortgage programs for low-income, minority, and first-time homebuyers.
United States · United States Congress · 27 February 1992
Real Estate Market Improvement Act of 1992 - Title I: Incentives for Real Estate Investment - Subtitle A: Incentives for Acquisition of Capital Assets - Part I: Reduction in Capital Gains Tax for Individuals - Amends the Internal Revenue Code to allow a capital gains deduction for noncorporate taxpayers (primarily individuals) for assets held from one to three years. (Provides for an exclusion from gross income of certain gains in the case of estates and trusts.) Provides special rules for the gain or loss from the sale or exchange of collectibles and sales of interests in partnerships. Disallows such deduction in computing the alternative minimum tax, except with respect to gains realized on the sale, exchange, or other disposition of a direct or indirect interest in real estate or a closely held business. Part II: Inflation Adjustment for Investments - Requires indexing, based on the consumer price index, and solely for the purpose of determining gain or loss, of the adjusted basis of certain assets (corporate stock and tangible property that is a capital asset or property used in a trade or business after the date of enactment of this Act) that have been held for more than one year at the time of sale or other transfer. Provides for the inflation adjustment treatment of: (1) short sales; (2) regulated investment companies and real estate investment trusts; and (3) partnerships, S corporations, and common trust funds. Prohibits gain from the sale or other disposition of an indexed asset from being taken into account under the limitation on investment interest. Subtitle B: First-Time Homebuyers - Allows penalty-free withdrawals from qualified retirement plans during the period beginning on February 1, 1992, and ending on December 31, 1992, to pay the acquisition costs of a first-time homebuyer who is the taxpayer or the taxpayer's child or grandchild. Restricts such withdrawals to individuals whose adjusted gross income for 1991 does not exceed: (1) $100,000 in the case of married individuals filing a joint return; (2) $50,000 in the case of a married individual filing a separate return; or (3) $75,000 in the case of any other taxpayer. Limits to $10,000 the aggregate amount which may be treated as qualified withdrawals with respect to all plans of an individual. Requires the inclusion of withdrawn amounts in gross income ratably over a four-year period. Allows a first-time homebuyer who purchases a principal residence a tax credit of ten percent of the purchase price of such residence, limited to $5,000. Applies such credit to property acquired between February 1, 1992, and January 1, 1993. Allows a deduction for losses from the sale of a principal residence to the extent they exceed $100. Increases the basis of a new principal residence purchased by the taxpayer by the amount of such loss. Provides for permanent extensions of the following: (1) the low-income housing credit; and (2) the authority to issue mortgage revenue bonds and mortgage credit certificates. Title II: Incentives to Encourage a Strengthened Real Estate Market and to Encourage Finance - Subtitle A: Reforms to End Discrimination Against Real Estate Professionals - Excludes certain rental real estate activities from treatment as a passive activity for purposes of determining passive activity losses and credits. Subtitle B: Provisions Relating to Real Estate Investments by Pension Funds to Provide Capital and Credit for Long-Term Real Estate Investment - Modifies exceptions to the exclusion of real property acquired by a qualified organization from the meaning of acquisition indebtedness. Makes certain exceptions inapplicable to sales out of foreclosure by a financial institution. Applies the meaning of acquisition indebtedness investments in certain large partnerships where the principal purpose of partnership allocations is not tax avoidance. Repeals the special rule for publicly traded partnerships with respect to the treatment of unrelated business taxable income. Subtitle C: Other Provisions - Modifies the corporate income tax exclusion of contributions to the capital of the taxpayer. Includes as a qualifying contribution any amount of money or property received by a regulated public utility (a utility required to provide electric energy, gas, water, or sewage disposal services) that: (1) is a contribution in aid of construction (as defined by regulations to be promulgated by the Secretary of the Treasury); (2) meets certain expenditure requirements; and (3) is not included in the taxpayer's rate base. Excludes amounts paid as customer connection fees. Directs the Secretary of the Treasury to take necessary action to provide for the uniform treatment of nonaccruing loans for tax purposes and Federal regulatory and financial accounting.
United States · United States Congress · 27 February 1992
Credit Availability Act of 1992 - Amends the Home Owners' Loan Act to grant certain well capitalized and adequately capitalized savings associations a two-year exemption from meeting the capitalization requirements against their real estate development subsidiaries. Grants the Director of the Office of Thrift Supervision discretionary authority to deny such exemption to savings associations with specified ratings, or apply it to some which are located in economically distressed communities.
United States · United States Congress · 27 February 1992
Secondary Market For Commercial Real Estate Mortgages Act of 1992 - Directs the Federal National Mortgage Association, the Federal Home Loan Mortgage Corporation, and the Federal Housing Finance Board to each study and report to the Congress with regard to the development of a secondary commercial real estate mortgage market. Directs the Resolution Trust Corporation to study and report to the Congress with regard to the impact of its commercial real estate securitization program.
United States · United States Congress · 26 February 1992
Indian Employment Opportunity Act of 1992 - Amends the Internal Revenue Code to allow a tax credit to eligible employers on Indian reservations for the employment of qualified Indian employees. Makes such credit equal to 60 percent of the qualified employment expenditures not exceeding $8,840, and 20 percent of such expenditures exceeding $8,840 but not exceeding $33,370. Prohibits such credit from exceeding the excess of the regular tax (minus certain credits) over the tentative minimum tax. Provides for carryback and carryover of unused credits. Adjusts such credit for inflation. Disallows a deduction for that portion of the wages or salaries paid or incurred which is equal to the amount of the Indian employment credit. Requires any Indian tribal government of an Indian reservation within which employers utilize the Indian employment tax credit to enter into an agreement with the Secretary of the Treasury guaranteeing that for the period of ten years from the date of the agreement, or if less, the period during which such credit is in effect, such government will not impose or modify any tax treatment or business regulation which would lessen the tax benefits of such credit. Amends Federal law to make it a criminal offense to bribe a tribal official.
United States · United States Congress · 25 February 1992
Indian Employment and Investment Act of 1992 - Amends the Internal Revenue Code to establish an Indian reservation credit as an investment tax credit for investment in qualified Indian reservation property. Limits such credit to 25 percent for reservation personal property, 33 1/3 percent for new reservation construction property, and 33 1/3 percent for reservation infrastructure investment. Treats real estate rentals on an Indian reservation as the active conduct of a trade or business on such reservation. Declares that such credit applies only in the event that the Indian unemployment rate on the applicable reservation exceeds 300 percent of the national average unemployment rate at any time during the taxable year or in the immediately preceding taxable year. Provides for the recapture of such credit in the event such reservation property ceases to be investment property. Sets forth rules with respect to adjusting the basis of such property to reflect the investment credit. Allows businesses an employment credit of ten percent (30 percent in the case of an employer with at least 85 percent Indian employees) of the sum of the qualified wages and qualified employee health insurance costs paid or incurred during a taxable year. Requires employees to perform substantially all services within an Indian reservation and to reside on or near such reservation. Limits such credit to the first seven years of employment and excludes employees earning more than $30,000 per year. Establishes penalties to be imposed if an employee is terminated before the day one year after the day on which the employee began work for the employer. Applies certain rules for computing the targeted jobs credit to such employment credit.
United States · United States Congress · 20 February 1992
Directs the National World War II Memorial Fund, Inc., to construct a memorial on Federal land in the District of Columbia or its environs to: (1) honor members of the armed forces who served in World War II; and (2) commemorate U.S. participation in that conflict. Directs the fund to plan, design, and oversee the construction of the Memorial. Establishes the World War II Memorial Advisory Board to: (1) promote and encourage the donation of private funds for the construction of the Memorial; and (2) recommend the site for and assist in the selection of the design of the Memorial. Terminates the Board within 30 days after completion of the Memorial or on the lapse of the authority provided by this Act. Authorizes the Fund to solicit and accept private contributions for construction of the Memorial. States that the requirements and authority of this Act shall lapse if: (1) construction of the Memorial is not commenced within five years of its enactment; or (2) before such construction, the Secretary of the Interior certifies that funds are not available in an amount sufficient to ensure its completion.
United States · United States Congress · 20 February 1992
Directs the Secretaries of the Interior and the Army to implement the settlement negotiated under Federal law by the Pueblo de Cochiti of New Mexico and the U.S. Army Corps of Engineers relating to seepage problems at the Cochiti Dam on their lands. Makes the Secretary of the Interior, acting through the Bureau of Indian Affairs, responsible for maintenance, repair, and replacement of the underground drainage system upon its completion. Requires the Secretary of the Army to construct such drainage system to correct the high groundwater problem at the dam. Authorizes appropriations.
United States · United States Congress · 20 February 1992
Taxpayer Bill of Rights 2 - Title I: Taxpayers Advocate - Amends the Internal Revenue Code to establish in the Internal Revenue Service (IRS) the Office of Taxpayer Advocate, headed by the Taxpayer 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 Taxpayer 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 Taxpayer Advocate. Replaces the Office of the Ombudsman with the Office of the Taxpayer Advocate. Revises the terms of a Taxpayer Assistance Order to: (1) assist a taxpayer suffering a hardship (currently, a significant hardship); (2) allow the Order to require the Secretary of the Treasury to act within a specified time period; and (3) require the Secretary to take certain actions (currently, only to cease or refrain from taking certain actions). Title II: Modifications to Installment Agreement Provisions - Grants certain taxpayers the right to an installment agreement for the payment of tax liability less than $10,000. 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. Title III: Interest - Requires the abatement of interest in the case of an assessment due to the unreasonable error or delay of an IRS act. Extends from ten 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. 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). Title 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 limitation on filing a joint return after filing separate returns. Provides that in the case of an examination of an individual with respect to a joint income tax return, the absent divorced or separated spouse cannot be represented by the individual without such acknowledgement in writing. Title V: Collection Activities - Requires the Secretary to send notices of a proposed tax deficiency. Authorizes the Secretary, in certain cases, to: (1) withdraw a notice of a lien; (2) return property that has been levied upon; and (3) offer compromises in civil or criminal cases. 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. Requires prior notification to the taxpayer that the taxpayer is under examination and an explanation of the process. Removes certain limits on the standard of conduct and the dollar limit on the recovery of civil damages for unauthorized collection actions. Revises provisions with respect to a designated summons concerning the standard of review, requirements for issuance, and quash proceedings. Title VI: 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 make reasonable investigations 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. Title VII: Modifications to Penalty for Failure to Collect and Pay Over Tax - Establishes requirements for preliminary notice and declaratory judgment proceedings for failure to pay tax. Authorizes the Secretary to disclose certain information where more than one person is liable for a penalty. 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. Directs the Secretary to ensure that IRS employees are aware of their responsibilities under the tax depository system, the circumstances under which they may be liable for penalties, and reporting responsibilities. Exempts unpaid, volunteer board members of tax-exempt organizations from collection penalties. Title 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. Denies such costs where the position of the United States is substantially justified. Revises the commencement date of reasonable administrative costs. Increases the limit on attorney fees. 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. Title IX: Other Provisions - Revises provisions on the required content of tax due, deficiency, and other notices. Provides protection for noncorporate taxpayers who rely on certain guidance published by the IRS. Requires any final, temporary, or proposed regulation issued by the Secretary to be applied prospectively from the date of publication in the Federal Register. Requires notice to the taxpayer of the inability to associate any payment with any outstanding tax liability. Makes the costs of preparing certain tax returns fully deductible.
United States · United States Congress · 7 February 1992
Economic Growth Act of 1992 - Title I: Enhanced Economic Recovery Act of 1992 - Enhanced Economic Recovery Act of 1992 - Subtitle A: Provisions Relating to Capital Gains - Amends the Internal Revenue Code to allow a capital gains deduction for noncorporate taxpayers for assets held from one to three years. Provides special rules for the gain or loss from the sale or exchange of collectibles and sales of interest in partnerships. Disallows such deduction in computing the alternative minimum tax, except with respect to gains realized on the sale, exchange, or other disposition of a direct or indirect interest in real estate or in a closely held business. Revises the formula for determining gain from the dispositions of certain depreciable realty to take into account depreciation adjustments (adjustments allowed or allowable for exhaustion, wear and tear, obsolescence, or certain amortization). Subtitle B: Provisions Relating to Passive Losses and Depreciation - Treats the real estate development activity of a taxpayer as a single trade or business activity that is not a rental activity. Allows an additional depreciation allowance for the purchase of new equipment as investment property after February 1, 1992, and placed in service before July 1, 1993. Reduces the basis adjustment of such property by the amount of the additional allowance. Requires application of such allowance in determining the alternative minimum tax. Restricts the determination of adjusted current earnings for purposes of computing alternative minimum taxable income to property placed in service after 1989 and prior to February 1, 1992. Subtitle C: Provisions Relating to Real Estate Investments by Pension Funds - Modifies exceptions to the exclusion of real property acquired by a qualified organization from the meaning of acquisition indebtedness. Makes certain exceptions inapplicable to sales out of foreclosure by a financial institution. Applies the meaning of acquisition indebtedness investments to certain large partnerships where the principal purpose of partnership allocation is not tax avoidance. Repeals the special rule for publicly traded partnerships with respect to the treatment of unrelated business taxable income. Subtitle D: Provisions Affecting Homebuyers - Allows a first-time homebuyer who purchases a principal residence a tax credit of ten percent of the purchase price, not to exceed $5,000. Limits such credit to one residence and requires acquisition on or after February 1, 1992, and January 1, 1993. Allows such credit to be carried forward for up to five years. Allows penalty-free withdrawals from individual retirement plans for a first-home purchase. Limits such distribution to $10,000, or other applicable amount if previous distributions have been made. Title II: Tax Relief for Families - Tax Relief for Families Act of 1992 - Subtitle A: Provisions Relating to Education and Savings - Allows a deduction for interest on education loans for the taxpayer, the taxpayer's spouse, or child. Requires such loans to be for tuition and related expenses at certain higher education institutions. Reduces such deduction by any amount excludable from gross income by reason of the redemption of U.S. bonds for higher education expenses. Coordinates such deduction with the home equity indebtedness provision. Provides that investment interest does not include qualified educational interest. Requires persons who receive interest payments to report such information on an information return, and to furnish written statements to the payors on receipt of such payments. Allows the establishment of flexible individual retirement accounts (FIRA) for the exclusive benefit of an individual and the individual's beneficiaries. Limits annual contributions to the lesser of $2,500, or the compensation includable in the individual's gross income. Prohibits contributions to FIRAs maintained for a taxpayer if the taxpayer's adjusted gross income exceeds: (1) $120,000, in the case of a joint return; (2) $100,000, in the case of a surviving spouse or head of household; and (3) $60,000, in any other case. Prohibits the establishment of FIRAs for dependents. Makes FIRAs exempt from taxation, except the tax on unrelated business income of charitable, etc. organizations. Allows pooling arrangements for such accounts. Excludes from gross income distributions out of a FIRA held for at least seven years. Imposes the ten-percent additional penalty tax on distributions made during the first three years. Provides for transfer from individual retirement plans to FIRAs. Allows penalty-free withdrawals from qualified retirement plans for qualified higher education expenses and financially devastating medical expenses. Subtitle B: Other Provisions - Allows a deduction for loss incurred from the sale of a principal residence. Provides for an increase in the basis of a new principal residence purchased by a taxpayer who realized a loss on the sale of the old residence. Increases the personal exemption for a child who has not attained age 19. Extends the deduction for health insurance costs for self-employed individuals from June 30, 1992, to December 31, 1993. Allows a deduction for qualified adoption expenses of up to $3,000. Denies the use of such deduction for any expense for which a deduction or credit is already allowable and for which reimbursements have been made. Defines qualified adoption expenses as those: (1) directly related to the legal adoption of a child with special needs; (2) that are not incurred in violation of State or Federal law; and (3) that are of a type eligible for reimbursement under the adoption assistance program under title IV of the Social Security Act (Grants to States for Aid and Services to Needy Families with Children and for Child-Welfare Services). Allows such deduction whether or not the taxpayer itemizes deductions. Includes as a working condition fringe benefit excluded from gross income any passes, tokens, fare cards, tickets or similar instruments for commuting by public transit provided to an employee at a discount by the employer, or reimbursements by the employer to cover all or part of the costs of such instruments, to the extent that such amounts do not exceed $60 per month. Title III: Long Term Growth - Long Term Growth Act of 1992 - Subtitle A: Extension of Expiring Provisions - Makes permanent the tax credit for increasing research activities and for clinical testing expenses for certain drugs for rare diseases or conditions (orphan drugs). Postpones the termination dates of the following provisions: (1) the rules for allocating research and experimental expenditures; (2) the low-income housing credit; (3) the targeted jobs credit; and (4) the solar and geothermal investment credit. Extends the authority to issue qualified small issue bonds to finance farm property. Extends the authority to issue qualified mortgage bonds and mortgage credit certificates. Subtitle B: Provisions Relating to Enterprise Zones - Enterprise Zone-Jobs Creation Act of 1992 - Authorizes the Secretary of Housing and Urban Development (Secretary) to designate enterprise zones for purposes of providing tax and regulatory relief and improving local services. Limits choices to areas nominated by States and local governments. Limits the total number of areas that may be designated, and the time period of the designation. Authorizes the Secretary to designate a zone only if the area meets certain locational, demographic, unemployment, and poverty criteria. Requires nominating local governments, as a condition of the Secretary's designation, to agree in writing to follow a course of action that may include reducing tax rates, improving local services, simplifying or streamlining regulation of business, and providing job training to area residents. Describes areas to which the Secretary must give preference in selecting areas for designation. Requires the Secretary to report to the Congress every four years on the effects of such enterprise zones' designation in accomplishing the purposes of this Act. Allows a nonrefundable income tax credit to enterprise zone employees for five percent of any wages earned up to a specified amount. Provides for phaseout of such credit. Provides for the nonrecognition of capital gain on the sale of enterprise zone property. Allows an individual a deduction on the aggregate amount paid for the purchase of enterprise stock on its original issue by a qualified issuer. Requires any gain from the disposition of the stock to be treated as ordinary income. Excludes enterprise zone capital gain from computation of the alternative minimum tax. Amends Federal law to revise the definition of small entity for purposes of the analysis of regulatory functions to include qualified business, government, and nonprofit enterprises operating within enterprise zones. Authorizes Federal agencies, upon request by a nominating government, to waive or modify rules and regulations pertaining to the implementation of projects or activities within an enterprise zone. Requires agencies to approve the request if the resulting benefits of job creation, community development, or economic revitalization outweigh the public interest in retaining the rule unchanged. Disallows waiver or modification of a rule that would directly violate a statutory requirement or present a danger to the public health and safety. Authorizes the Secretary to convene regional and local coordinating councils of any appropriate agencies to assist State and local governments to achieve the objectives agreed to in the course of action entered to reduce specified burdens borne by employers and employees in designated enterprise zones. Requires the Foreign-Trade Zone Board to consider on a priority basis and to expedite the processing of applications for the establishment of foreign-trade zones within enterprise zones. Requires the Secretary of the Treasury to give priority to, and expedite the processing of applications for, the establishment of ports of entry necessary to establish such zones. Repeals title VII (Enterprise Zone Development) of the Housing and Community Development Act of 1987. Subtitle C: Excise Tax Provisions - Repeals the luxury excise tax on boats and aircraft. Repeals the exemption from the tax on diesel fuel and special motor fuels for the use of diesel fuel in pleasure boats, unless such boats are used in a boat business. States that excise taxes for diesel fuels used in pleasure boats shall be retained in the General Treasury. (Current law requires transfer of such amounts to the Highway Trust Fund and the Leaking Underground Storage Tank Trust Fund.) Subjects certain digital data transmissions to the communications excise tax. Repeals the exemption of certain coin-operated telephone services from such tax. Subtitle D: Provisions Related to Retirement Savings and Pension Distributions - Allows any portion of a distribution from a qualified pension plan to be rolled over tax-free to an individual retirement account or another qualified plan or annuity, unless it is part of a stream of periodic payments payable over a period of ten years or the lives or life expectancies of the participant and/or his or her beneficiary. Repeals: (1) the $5,000 limitation on the exclusion from gross income of employees' death benefits; (2) the five-year forward income averaging for lump-sum distributions; and (3) the exclusion of net unrealized appreciation in employer securities. Eliminates alternative methods of determining the tax on annuity payments. Sets forth a single method (currently provided in a special Internal Revenue Service Notice) which excludes from gross income, as at present, the employee's investment in the contract, divided by the number of anticipated payments, but without the additional exclusion of $5,000 (repealed by this Act). Changes from discretionary to mandatory a qualified plan's authority to offer a participant the option of having a distribution transferred directly to another qualified plan. Establishes a simplified employee pension plan (a Small Business Model Retirement Plan) that allows salary reduction arrangements for employers of fewer than 100 employees (currently, fewer than 25 employees). Requires employers to contribute one percent of pay (up to $100,000) to an account for each eligible employee. Permits an employee to elect to contribute up to $3,000 per year. Requires the employer to match such contribution according to a specified formula. Prohibits State and local governments from participating in cash or deferred arrangements. Permits nongovernmental tax-exempt employers to maintain qualified cash or deferred arrangements for their employees. Authorizes the Secretary of the Treasury, as a condition of sponsorship, to prescribe rules defining the duties and responsibilities of certain master and prototype retirement plans. Replaces the two-part nondiscrimination test for elective contributions under cash or deferred arrangements with a single test of whether: (1) the actual deferral percentage of highly compensated employees exceeds 200 percent of the average deferral percentage of nonhighly compensated employees for a plan year; and (2) the actual deferral percentage of such employees exceeds the average deferral percentage of nonhighly compensated employees for the preceding plan year by more than three percentage points. Redefines the term "compensated employee" for pension, profit sharing, stock bonus plan, etc. purposes. Makes such an employee one who meets several criteria in addition to five-percent ownership or compensation from the employer in excess of $50,000. Eliminates special rules for officers and employees in the top 20 percent by compensation. Provides a special rule where no employees are treated as highly compensated. Eliminates the rule requiring ten years of service for employees subject to collective bargaining agreements under multiemployer plans. Subtitle E: Other Provisions - Repeals the appreciated property charitable deduction as a tax preference item under the alternative minimum tax. Requires a charitable contribution allowable as a deduction in computing taxable income (whether from domestic or foreign sources to be allocated and apportioned solely to gross income from sources within the United States. Requires the donee of any large charitable donation (over $500 in cash or property from any individual) to make an information return relating to such donation. Provides for the application of the Medicare hospital insurance tax to State and local employees. Amends the Social Security Act to provide for the entitlement of such employees to hospital insurance benefits. Requires dealers in stock or securities to use market inventory accounting method (thus including such securities in inventory at fair market value instead of cost value, or the lower of cost or market value). Disallows interest deductions on life insurance owned by a corporation and covering its officers or employees. Prohibits a deduction for certain losses on the disposition of property to the extent that the taxpayer has a right to be reimbursed for the loss with assistance from the Federal Savings and Loan Insurance Corporation (FSLIC). Limits the tax exemption for credit unions to small credit unions with assets of less than $50,000,000. Restricts the deduction for dividends paid on deposits and the deduction for additions to reserves for bad debts to credit unions that are not small credit unions. Provides that certain life insurance contracts will be treated as annuity contracts only if the purchaser irrevocably chooses as a settlement option a series of substantially equal periodic payments made for the life of the annuitant or the joint lives of the annuitants. Expands the 45-day interest-free period for refunding tax overpayments to all returns, as well as to amended returns and claims for refunds. Title IV: Financial Institutions Safety and Consumer Choice Act of 1992 - Financial Institutions Safety and Consumer Choice Act of 1992 - Subtitle A: Financial Services Modernization - Chapter 1: Financial Services Holding Companies - Amends the Bank Holding Company Act to define financial services holding companies and diversified holding companies. Amends the Bank Holding Company Act of 1956 to specify additional financial entities prohibited from acquiring control or ownership of certain financial services organizations. Prohibits any insured depository institution (except foreign banks with insured branches in the United States) from becoming a financial services holding company or a diversified holding company. Sets forth expedited procedures for acquisition of additional banks by well capitalized financial services holding companies. Sets forth guidelines for acquisitions involving diversified holding companies. Provides that financial services holding companies (except certain foreign banks) cannot be banks. Modifies the guidelines for ownership interests in nonbanking organizations. Replaces the current "closely related" standard for permissible activities with a "financial nature" standard. Sets forth the permissible parameters for insurance and securities affiliates. Sets a deadline by which a financial services holding company must notify the appropriate Federal banking agency with respect to its ownership or control of the shares of a company engaged in qualified financial activities. Outlines permissible nonbanking activities and acquisitions for well capitalized financial services holding companies. Sets forth additional capital requirements for a financial services holding company that intends to engage in, or acquire, or retain the shares of a company engaged in, a new financial activity. Sets forth certain restrictions on the activities of financial services holding companies. Prescribes guidelines for acquisition activities by diversified holding companies and their affiliates. Sets forth Federal administrative procedures for financial services holding companies and diversified holding companies (including their subsidiaries and affiliates). Prohibits the States from preventing or impeding certain acquisition or affiliation activities undertaken by: (1) insured depository institutions; (2) diversified holding companies; and (3) financial services holding companies. Amends the Bank Holding Company Act Amendments of 1970 to prohibit a financial services holding company or a diversified holding company from: (1) engaging in certain tying arrangements; or (2) transacting insider loans. Amends the Home Owners' Loan Act to exempt from its coverage financial services holding companies and diversified holding companies. Chapter 2: Financial Activities of National Banks - Amends the Banking Act of 1933 to provide that its limitations and restrictions with respect to certain securities activities conducted by a national bank for its own account shall not apply to the distribution of securities issued by investment companies if the association is not an affiliate of a securities affiliate. Amends the Banking Act of 1933 to repeal the proscription against: (1) the affiliation of member banks with organizations engaged principally in securities; and (2) member bank personnel serving simultaneously as employees or officers of securities organizations. Authorizes national banking associations located in certain small-sized population areas to sell insurance to residents of the State in which the association is located. Amends the Federal Reserve Act to: (1) set forth conditions under which a loan or extension of credit by a member bank shall not be deemed to be made to an affiliate; (2) require prior notification to the appropriate Federal banking agency before a financial services holding company may permit an insured depository institution under its control to engage in a covered transaction which exceeds five percent of its capital stock and surplus; and (3) revise definitions related to affiliates of member banks. Amends the Federal Deposit Insurance Act to require customer disclosure by an insured depository institution with respect to the non-insured status of its non-banking products. Chapter 3: Non-Banking Activities of Foreign Banks in the United States - Amends the International Banking Act of 1978 to set forth circumstances under which a foreign bank that maintains a branch or agency in the United States (or owns or controls a commercial lending company organized under State law) shall be subject to the provisions of this Act. Chapter 4: Amendments to the Securities Acts - Amends the Securities Act of 1933 to: (1) subject to its provisions certain bank-issued securities and certain savings association-issued securities; (2) exempt from its provisions certain bank and savings association instruments functioning as securities in a secured transaction; (3) exempt from its provisions equity securities transactions with respect to bank acquisition by a financial services holding company, or acquisition of a financial services holding company by a diversified holding company. Amends the Securities Exchange Act of 1934 to: (1) revise definitions relating to bank broker activities and bank dealer activities; (2) prohibit any bank from acting as broker or dealer except in the course of an exclusively intrastate business; and (3) prohibit certain securities transactions, with specified exceptions, taking place on bank premises which are commonly accessible to the general public for deposit-making purposes. Repeals the Federal agency administration provisions with respect to disclosure requirements for securities issued by insured depository institutions. Amends the Investment Company Act of 1940 to mandate that the custody of investment company assets or unit investment trusts by affiliates of either the registered management company or the registered unit investment trust must be in accordance with Securities and Exchange Commission (SEC) rules prescribed for investor protection. Prohibits a registered investment company from having a majority of its board of directors consisting of personnel of any one bank and its subsidiaries, or any one financial services holding company and its affiliates and subsidiaries. Grants the SEC additional rulemaking authority regarding bank affiliated mutual funds. Prohibits registered investment company securities from being represented as: (1) guaranteed, sponsored, recommended or approved by any Federal agency; (2) insured by the FDIC; or (3) guaranteed or an obligation of any bank or insured institution. Provides that any person issuing or selling securities of an investment company whose name is similar to that of a bank may be required to disclose prominently that the investment company and its securities are neither FDIC-insured, nor guaranteed by an affiliated bank or insured institution, nor otherwise an obligation of such bank or insured institution. Authorizes the SEC to determine by order that use of a name similar to a bank is deceptive and misleading, and to take action accordingly. Amends the Investment Advisers Act of 1940 to include within the meaning of "investment adviser" any bank or financial services holding company which acts as investment adviser to a registered investment company (unless it performs such services through a separately identifiable division). Requires the SEC to give notice to the appropriate Federal banking agency prior to initiating any investigative or enforcement proceedings against a financial services holding company bank, or bank division acting as registered investment adviser. Amends the Securities Act of 1933, the Securities Exchange Act of 1934, and the Investment Company Act of 1940 to exempt certain bank common trust funds from their coverage. Amends the Internal Revenue Code to provide that the transfer to a regulated investment company of all or substantially all of the assets of a common trust fund shall not result in a gain or loss to the common trust fund participants if the transfer is the result of a merger, conversion, reorganization, transfer or similar transaction. (Thus, if a bank were to transfer a common trust fund to a mutual fund, such transfer per se would not be considered a taxable event for the fund participants). Directs the SEC to examine and report to the Congress on the appropriate treatment of: (1) bank collective investment funds and separate accounts under the securities laws and the Employee Retirement Income Security Act (ERISA); and (2) common trust funds under the securities laws. Chapter 5: Amendments to Prompt Corrective Action - Amends the Federal Deposit Insurance Act to set forth: (1) definitional guidelines; and (2) permissible activities for banks within various capital levels (including financial services holding companies). Amends the Federal Deposit Insurance Act, the Bank Conservation Act, the Federal Reserve Act, and the Home Owners' Loan Act to set forth additional grounds for appointing conservators and receivers for specified undercapitalized depository institutions. Chapter 6: Nationwide Banking and Branching - Amends the Financial Services Holding Company Act to authorize nationwide banking, notwithstanding certain State laws, by: (1) a diversified holding company; (2) a financial services holding company; or (3) a foreign bank. Amends Federal banking law to permit a national banking association to establish and operate new branches at an initial location within any State in which a financial services holding company or State bank having the same home State (or chartered in the same home State as such association) could establish a branch. Provides for the interstate consolidation or merger of national banks, or State banks with national banks, and for the subsequent retention of pre-existing branches subject to regulatory approval. Amends the Federal Deposit Insurance Act to prohibit State proscription against interstate branching by State banks. Permits a host State to determine compliance by interstate branches with its regulations, and to coordinate regulatory supervision with other State bank authorities regarding branches of State-chartered banks. Amends the International Banking Act of 1978 to provide that during the three-year period starting on the date of enactment of this Act the Director may authorize foreign banks to establish and operate federally-chartered branches in the United States if such establishment is not prohibited by the law of the relevant State. Revises the limitations placed upon interstate branching by foreign banks to more closely conform with the limitations placed upon interstate branching by domestic banks. Amends the Home Owners' Loan Act to authorize approval by the appropriate Federal banking agency for a savings and loan holding company or a foreign bank to acquire interstate interests in savings associations. Permits the consummation of such approved acquisitions even though State law would otherwise prohibit or limit them. Subtitle B: Miscellaneous Provisions - Chapter I: Reduction in Regulatory Burden - Prohibits an appropriate Federal banking agency from requiring any institution under it jurisdiction to prepare or maintain data to comply with the Fair Housing Act, other than the data prescribed pursuant to the Home Mortgage Disclosure Act. Chapter 2: Expedited Funds Availability - Amends the Expedited Funds Availability Act with respect to the frequency of notices when funds will be held beyond statutory schedules to provide that no further notice is required after the required notice has been furnished until one year later or such other time as the exception for which the notice was provided ceases to apply, whichever is earlier. Subtitle C: Technical and Conforming Amendments - Chapter 1: Severability; Transition References - Sets forth severability and transition provisions. Chapter 2: Technical and Conforming Amendments - Makes technical and conforming amendments to specified Federal Acts. Chapter 3: Repeal of Obsolete Provisions of Law - Repeals specified provisions of Federal law. Chapter 4: Effective Date - Sets forth the effective date of amendments made by this title. Title V: Pension Security Act - Pension Security Act of 1992 - Subtitle A: Amendments to Pension Plan Funding Requirements - Part 1: Amendments to the Internal Revenue Code of 1986 - Amends the Internal Revenue Code to revise the additional funding requirements for pension plans that are not multiemployer plans to provide for an underfunding reduction requirement and a solvency maintenance requirement. Part 2: Amendments to the Employee Retirement Income Security Act of 1974 - Amends the Employee Retirement Income Security Act of 1974 (ERISA) to revise the additional funding requirements for pension plans that are not multiemployer plans to provide for an underfunding reduction requirement and a solvency maintenance requirement. Subtitle B: Amendments to Title IV of ERISA - Amends title IV (Plan Termination Insurance) of ERISA to set forth limitations on the benefits guaranteed by the Pension Benefit Guaranty Corporation (PBGC). Revises provisions relating to: (1) enforcement of minimum funding requirements; (2) definition of contributing sponsor; (3) recovery ratio payable under PBGC guaranty; (4) distress termination criteria for banking institutions; and (5) variable rate premium exemption. Eliminates a specified seventh revolving fund and transfers its assets and liabilities to the first revolving fund (i.e. the single-employer basic benefits guaranty fund). Subtitle C: Employer Liability, Lien and Priority - Part 1: Amendments to Title IV of the Employee Retirement Income Security Act of 1974 - Amends title IV of ERISA to revise limitations on employer liability liens and priority amounts. Provides that, in the case of plan terminations initiated on or after January 1, 1992, the lien of the Pension Benefit Guaranty Corporation (PBGC) for employer liability shall be determined according to a specified formula. Makes similar revisions relating to the amount of liability to the PBGC which is entitled to priority treatment in insolvency and bankruptcy cases. Amends the Pension Protection Act with respect to bankruptcy and insolvency claims. Provides that specified amendments under this Act shall be effective as if included under the Single-Employer Pension Plan Amendments of 1986 and the Pension Protection Act. Amends ERISA to provide for liability upon liquidation of a contributing sponsor of a single-employer plan. Makes such sponsor liable as though the plan had terminated in a distress termination, even if the sponsor's controlled group remains a contributing sponsor of the plan or is liable for payment of specified contributions or installments. Directs the PBGC to transfer such liability payments to the ongoing plans. Part 2: Amendments to Title 11, United States Code - Amends the Federal bankruptcy code to permit the PBGC to be a member of an unsecured creditors' committee. Revises priority payment provisions with respect to: (1) unpaid contributions to pension plans under ERISA; and (2) certain liability arising from pension plan terminations under ERISA. (Classifies these priorities as expenses arising before, or administrative expenses arising after, the commencement of the case, depending on whether such unpaid contributions are attributable, or such plan termination occurs, before or after the filing of the petition for bankruptcy.) Amends one of specified Bankruptcy Rules to require the bankruptcy court to give the PBGC notice of a bankruptcy petition filed (and all other notices required to be served on creditors and interested parties), in any case in which the debtor or an affiliate maintains a pension plan to which title IV of ERISA applies. Title VI: Federal Insurance Accounting Act of 1992 - Federal Insurance Accounting Act of 1992 - Amends the Congressional Budget Act of 1974 to require accrual accounting to measure the cost of Federal insurance programs. Requires the Director of the Office of Management and Budget (OMB) and the Director of the Congressional Budget Office (CBO) to coordinate the development of methods of estimating the costs of Federal insurance programs. Provides for the budgetary treatment of such programs. Prohibits the modification of an insurance program in a manner that increases its accrual cost unless budget authority for such additional cost is appropriated in advance, or is available out of existing appropriations or from other budgetary resources. Provides for the display of administrative expenses as distinct and separately identified subaccounts within the insurance program account. Authorizes appropriations as necessary to each Federal agency authorized to conduct insurance programs to pay associated accrued and accrual costs. Authorizes the President, in order to implement this title, to establish non-budgetary accounts as appropriate. Directs the Secretary of the Treasury to make transactions as necessary for non-budget insurance financing accounts. Declares that the changes made by this title are to be considered changes in budget concepts and definitions for purposes of the Balanced Budget And Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act). Title VII: Medicare Premium Equity Amendments of 1992 - Medicare Premium Equity Amendments of 1992 - Amends part B (Supplementary Medical Insurance) of title XVIII (Medicare) of the Social Security Act to increase the monthly part B premium in the case of: (1) an individual with an adjusted gross income in excess of $125,000 who is married and files a joint income tax return or is a surviving spouse or a head of household; (2) an individual with an adjusted gross income in excess of $62,500 who is married but does not file a joint income tax return; and (3) any other individual with an adjusted gross income in excess of $100,000. Title VIII: Medicare Budget Amendments of 1992 - Medicare Budget Amendments of 1992 - Amends Medicare part B to: (1) provide that payment under part B for anesthesia physicians' services, when a separate charge (on a fee schedule basis) is also made for the services of a certified registered nurse anesthetist, may not, when added to the payment made for the services of the nurse anesthetist, exceed the amount that would be paid for the anesthesia physicians' services if a separate payment were not made for the services of the nurse anesthetist; (2) revise payment rates for medically and non-medically directed certified registered nurse anesthetists to change the conversion factors used for services furnished starting in 1993; (3) redefine "covered item update" as used with respect to payments after 1992 for durable medical equipment and "applicable percentage increase" as used with respect to payments after 1992 for prosthetic devices, orthotics, and prosthetics (items) as a percentage change (or no change), which may be different for different kinds of equipment or items, as determined by the Secretary of Health and Human Services after taking into consideration market factors and technological change; (4) set the payment limitation amount for a clinical diagnostic laboratory test performed after September 30, 1992, at 76 percent of the median of all the fee schedules established for that test for that laboratory setting; (5) provide similar Secretarial discretion with respect to determining annual updates in payments for clinical diagnostic laboratory tests; (6) move the prospective payment system hospital update to January 1 of each year; and (7) set the annual update for other hospitals in FY 1993 at 75 percent of the market basket percentage increase, and the updates for subsequent fiscal years at the market basket percentage increase. Title IX: Aid To Families With Dependent Children Savings Set-Aside Amendments of 1992 - AFDC Saving Set-Aside Amendments of 1992 - Amends part A (Aid to Families with Dependent Children) (AFDC) of title IV of the Social Security Act to modify State plan provisions to give States the option of disregarding, with respect to a family already receiving AFDC benefits, resources the value of which do not exceed $10,000, but only if the State plan provides that: (1) the State agency will determine that any such disregarded resources are being retained for later expenditure for a purpose directly related to improving the education, training, or employability of a family member or for the purchase of a home for the family; (2) the value of any resources so disregarded will not be taken into consideration for purposes of determining eligibility for food stamp benefits; and (3) the State agency will not disregard any resource (or interest therein) owned by a family member within the preceding 12 months, if such resource (or interest) was disposed of at less than fair market value for the purpose of establishing eligibility for AFDC benefits. Allows AFDC employability plans, at the option of the State, to provide for the retention and set-aside of such amounts of income and resources as the State agency determines necessary for carrying out an approved plan which includes self-employment as its employment goal. Requires that the State agency must find that the specific form of self-employment for which the set-aside is intended is practical and attainable in light of all surrounding circumstances. Title X: Food Stamp Amendments of 1992 - Food Stamp Amendments of 1992 - Amends the Food Stamp Act of 1977 to require the parent of a minor child with an absent parent to cooperate with State child support enforcement agencies in order to participate in the food stamp program (program). Makes permanent: (1) the 25 percent Federal cost-sharing of State administrative program costs. (Current law authorizes 25 percent through FY 1995 and 50 percent thereafter); and (2) the ten percent State fund retention. (Current law authorizes ten percent through FY 1995 and 25 percent thereafter). Title XI: Child Support Enforcement Amendments of 1992 - Child Support Enforcement Amendments of 1992 - Amends the Child Support Enforcement Act (the Act, which is part D of title IV of the Social Security Act) to provide that certain support collection and paternity determination application fees and collection services fees shall be set at $25 each (but gives the State an option to set such fees at $50 each, in which case no fee may be charged to individuals for such applications, or to families for such services, if their income is not more than 185 percent of the poverty line). Directs the Secretary of Health and Human Services to: (1) establish a schedule of performance-based incentive payments to encourage and reward States for activities to increase paternity establishment and lead to increased child support collections; and (2) determine the amount of such payments with respect to specified categories of performance. Limits the amount of any such payment to a State for a fiscal year to not more than ten percent of the State's total child support collections for such year with respect to children receiving aid to families with dependent children (AFDC) under part A of title IV of the Social Security Act. Revises the formula for certain other incentive payments (to States for cost-effective and efficient performance) to reduce their amount. Requires that incentive payments to States be used to improve or protect the welfare of children within the State. Requires States to provide paternity determination and child support collection services for recipients of certain need-based Federal or federally assisted programs. Title XII: Incentives for Families with Absent Parents to Cooperate with State Agencies under the Social Security Act in Securing Child Support for Dependents - Amends the United States Housing Act of 1937 to provide, for purposes of public housing, that any family (with an absent parent) that has failed, without good cause, to cooperate in securing support for the dependent member of the family with the State agency administering the program for collection of child and spousal support may: (1) have certain spousal support imputed to its income; and (2) be ineligible for certain exclusions from its income. (Applies such provisions also to public housing under the Indian Housing Authority.) Title XIII: Purposes and Duration of Emergency Assistance Under The Aid to Families With Dependent Children Program - Amends the AFDC program to limit AFDC emergency assistance to one period of 30 consecutive days in any 12-month period. Provides that such emergency assistance may include amounts necessary to: (1) satisfy shelter and utility arrearages for no more than three months in order to prevent evictions and utility shut-offs; and (2) pay an initial month's shelter charges and security deposit necessary to secure permanent housing for homeless families. Requires any such amounts to be authorized by the State agency during the single 30-day period described above. Title XIV: Enhance Health Insurance Coverage For Children Under the Aid To Families With Dependent Children Program - Amends title XIX (Medicaid) of the Social Security Act to require State plans to provide satisfactory assurances that the State has in effect laws applicable to health insurers and insurance policies or programs subject to the laws of the State that: (1) require insurers to permit enrollment at any time under the health insurance of a non-custodial parent of any child for whom such parent is required to provide support; and (2) in any case where a child is covered under the non-custodial parent's health insurance, require insurers, at the option of the custodial parent, to permit such parent to submit claims for covered services without the non-custodial parent's approval and to make payment on such claims submitted directly to the custodial parent or service provider. Requires plan assurances that State laws authorize garnishment of the employment income of, and withholding of amounts from State tax refunds to, any person who is required by court or administrative order to cover a Medicaid-eligible individual's medical costs and has received, but not used for appropriate reimbursement, payment from a third party for the costs of medical services to such individual, to the extent necessary to reimburse the State for expenditures for such costs. Title XV: Child Nutrition Amendments of 1992 - Child Nutrition Amendments of 1992- Subtitle A: Budget-Related Provisions - Amends the National School Lunch Act to provide for increased cash subsidies for reduced price meals in the national school lunch program. Amends the Child Nutrition Act of 1966 (CNA) to provide for increased cash subsidies for reduced price meals in the school breakfast program. Amends CNA to provide for increased research funds under the special supplemental food program for women, infants, and children (WIC) to determine such program's effect on children. Subtitle B: Effective Date - Sets forth the effective dates of various provisions of this title. Title XVI: Social Security Cross Program Recovery Amendments of 1992 - Social Security Act Cross Program Recovery Amendments of 1992 - Amends title XI of the Social Security Act to authorize the Secretary of Health and Human Services to recover overpayments made under the Supplemental Security Income Program (SSI) under title XVI of the Social Security Act from any amounts payable under the Federal Old Age, Survivors and Disability Insurance Program under title II of that Act if the Secretary is unable to recover such overpayments through the means currently provided under SSI. Provides that in any case in which the Secretary takes action to recover such an overpayment from any person, neither that person, nor any individual whose eligibility or benefit amount is based on that person's income, shall, as a result of such action, become eligible for SSI benefits or, if already so eligible, become eligible for increased SSI benefits. Title XVII: America 2000 Excellence in Education Act - AMERICA 2000 Excellence in Education Act - Part A: New American Schools - Authorizes financial assistance for creating New American Schools (NAS) in communities that have been designated AMERICA 2000 Communities (A2Cs). Provides that such NAS shall reflect the best thinking about teaching and learning, employ the highest-quality instructional materials and technologies, and be designed to meet the National Educational Goals as well as the particular needs of their students and communities. Directs the Secretary of Education (the Secretary) to reserve certain funds for a national program evaluation. Directs the Secretary to allocate the remaining funds among the States (and specified territories) in proportion to their respective numbers of Members of Congress. Directs the Governor to nominate A2Cs to create NAS, for at least as many communities as there are members in the State's congressional delegation and at least one community in each congressional district of the State. Requires the Governor's nominations to be based on criteria established by the Secretary on the basis of expert panel advice, including: (1) the community's level of commitment and activity in the A2C initiative; (2) the community's schools' need for new and innovative educational programs; and (3) the quality of their application to the Governor. Sets forth conditions for the Secretary's approval, and for alternative nominations. Directs the Secretary to make NAS grants to selected agencies, organizations, and institutions on behalf of the selected communities. Limits any award to $1,000,000. Encourages grantees to adapt and implement one or more NAS designs developed by research and development teams funded by the NAS Development Corporation. Restricts use of such grant funds to certain special start-up costs associated with the creation and establishment of a NAS. Prohibits the use of such funds for construction or for the grantee's general administrative expenses. Requires each NAS to have obtained necessary State recognition or accreditation and to be fully operating by the start of the 1996-97 school year. Directs the Secretary, within 90 days, to convene an expert panel of educators, representatives of private business, and public representatives to advise on NAS program administration, including criteria for nomination of communities. Directs the Secretary to use reserved funds to conduct a national evaluation of NAS program impact on schools and communities and on education generally. Requires reports to the President and the Congress. Authorizes appropriations. Part B: Merit Schools - Authorizes appropriations for Merit School awards to reward public and private elementary and secondary schools and faculties that make documented progress in attaining the National Education Goals, particularly the goal of increasing students' mastery of the core academic subjects. Directs the Secretary to allocate specified funds among the States on the same basis as allocations for education of disadvantaged children under title I of the Elementary and Secondary Education Act of 1965 (the ESEA chapter 1 program). Requires Governors to submit State grant applications for a three-year period, which may be followed by an application for a two-year period. Makes specified provisions of the General Education Provisions Act (GEPA) inapplicable to this title. Specifies State use of funds for administrative costs (five percent) and Merit School awards (95 percent), with at least 20 percent of the latter earmarked for schools that demonstrate exceptional progress in improving students' performance in mathematics and science. Requires each Governor to: (1) establish a State review panel to assist in selection of Merit Schools; (2) submit annual program reports to the Secretary; and (3) apply specified national and State criteria in selecting schools. Requires each Merit School to use its award for activities to further its educational program, including special programs, equipment and materials acquisition, staff bonus payments, college scholarships for secondary school students, parental involvement, community outreach, and program replication. Prohibits State or local reduction of other assistance to the Merit School or its local educational agency. Part C: Teachers and School Leaders - Subpart 1: Governors' Academies for Teachers - Directs the Secretary to make a one-time, five-year grant to each State to establish and operate Governors' Academies for Teachers and to recognize outstanding teachers. Requires a Governor to use the State's grant to make competitive awards to the State educational agency (SEA), local education agencies (LEAs), institutions of higher education, and other public and private organizations or consortia, to establish and operate such Academies. Allows such Academies to be operated in cooperation or consortium with those of other States. Requires each Academy to conduct a program of intensive instruction for current elementary and secondary school teachers, during the summer or the school year, focusing on the core academic disciplines of English, mathematics, science, history, and geography. Directs the Governor to allocate to each Academy funds for a program of cash awards and recognition to outstanding teachers in the core academic subject or subjects covered by the Academy program. Requires Academies to select such teachers from nominations received from various groups. Limits any such award to $5,000, but allows the recipient to choose how to use it. Authorizes appropriations. Subpart 2: Governors' Academies for School Leaders - Directs the Secretary to make a one-time, five-year grant to each State to establish and operate a Governor's Academy for School Leaders. Requires the Governor to make competitive awards to the SEA, LEAs, institutions of higher education, and other public and private organizations or consortia, to establish and operate such an Academy. Allows such academies to be operated in cooperation or consortium with those of other States. Directs each Academy to carry out specified activities relating to school leadership training and development. Authorizes appropriations. Subpart 3: Alternative Certification of Teachers and Principals - Authorizes appropriations to assist States to develop and implement alternative certification requirements to improve the supply of well-qualified elementary and secondary school teachers and principals. Makes certain GEPA provisions inapplicable to this part. Requires States to use such funds to support programs, projects, or activities that develop and implement new, or expand and improve existing, alternative teacher and principal certification requirements. Authorizes States to do so directly, through contracts, or through subgrants to LEAs, intermediate educational agencies, institutions of higher education, or consortia of such agencies. Part D: Educational Reform and Flexibility - Subpart 1: Educational Reform Through Flexibility and Accountability - Amends the General Education Provisions Act (GEPA) to establish a program for flexibility and accountability in education and related services. Directs the Secretary to assist projects for elementary and secondary schools and other service providers to improve achievement of all students and other participants, but particularly disadvantaged individuals, by authorizing waivers by which Governors, SEAs, LEAs, and other service providers can improve performance of schools and programs by increasing their flexibility in use of resources while holding them accountable for achieving educational gains. Authorizes the Secretary, in support of such projects, to waive, with specified exceptions, any statutory or regulatory requirement applicable to any program administered by the Department of Education that may impede a school or service provider from meeting the special needs of such students and other individuals. Authorizes other Federal agency heads, with the Secretary's agreement, to make similar waivers for their programs. Limits duration of projects and associated waivers to a maximum of three years, but authorizes the Secretary to extend a project and any associated waivers for an additional two years if it is making substantial progress in meeting its goals. Requires the Secretary to terminate a project and its associated waivers at any time if acceptable progress is not being made. Grants other Federal agency heads authority to determine extension or termination of their waivers. Grants the Secretary exclusive authority to extend or terminate a project. Requires each project that involves elementary or secondary schools to include participation of an SEA and at least one LEA and two schools. Requires, to the extent possible, project participation by each grade and academic program, including ESEA chapter 1 programs, in a participating school. Prohibits unreasonable concentration of available resources in participating schools, if fewer than all schools in an LEA participate. Requires each project that does not involve elementary or secondary schools to involve at least two programs, at least one of which is administered by the Secretary. Prohibits waiver of requirements: (1) in awarding new competitive grants to agencies participating in such projects; (2) relating to maintenance of effort, comparability, or equitable participation of private school students; and (3) under specified provisions of GEPA, the Civil Rights Act of 1964, the Rehabilitation Act of 1973, the Education Amendments of 1972, the Age Discrimination Act of 1975, and the Individuals with Disabilities Education Act. Sets forth requirements for reports and evaluations. Provides for the budget neutrality of such program. Subpart 2: Amendments to Chapter 2 - Amends chapter 2 (Federal, State, and Local Partnership for Educational Improvement) of title I of the Elementary and Secondary Education Act of 1965 (ESEA chapter 2) to provide that part A funding for educational reform and improvement shall be divided equally between State and local programs (50 percent to each, while the current allocation formula requires at least 80 percent to go to local programs and not more than 20 percent to State programs). Reduces the portions of such State-level funds which: (1) may be used for State administration (from 25 to ten percent); and (2) must be used for the effective schools programs (from 20 to eight percent). Revises State application requirements to require approval by the Governor before submission to the Secretary. Includes educational choice programs among local targeted assistance programs of SEAs and LEAs. Includes, among authorized activities of such programs, any activities or expenses directly related to planning, implementing, operating, evaluating, and disseminating information about the LEA's educational choice program, including expenses of parents and children resulting from their program participation. Part E: Parental Choice of Schools - Subpart 1: Findings - Sets forth congressional findings relating to parental choice in education. Subpart 2: Parental Choice and Chapter 1 - Amends chapter 1 (Financial Assistance to Meet Special Educational Needs of Children) of title I of the Elementary and Secondary Education Act of 1965 (ESEA chapter 1) to provide for chapter 1 services for children participating in educational choice programs. Requires the LEA to provide such services in the form of: (1) supplementary compensatory education services; or (2) if that is not feasible or efficient, payment to parents of a per-child share of the LEA's basic chapter 1 grant. Allows parents to use such funds only for: (1) purchase of supplementary compensatory education services that meet the child's special educational needs from any elementary or secondary school, or any other public or private agency, organization, or institution that the LEA designates; and/or (2) transportation costs related to the child's participation in the educational choice program. Excludes such payments from the gross income of parents for Federal income tax purposes. Allows an LEA to use chapter 1 funds for the additional transportation costs of children receiving chapter 1 services who are in an educational choice program. Requires LEAs with educational choice programs to explain to parents of chapter 1 participating children: (1) the availability of compensatory education services under various available options; and (2) options available under the educational choice program and the chapter 1 program. Subpart 3: Assistance for Parental Choice Programs - Directs the Secretary to make one-year grants to LEAs that carry out educational choice programs. Authorizes appropriations. Makes an LEA eligible for such a grant if it: (1) will carry out an educational choice program during the year for which assistance is sought; and (2) carried out such a program during the preceding year. Defines an educational choice program, as one adopted by a State or an LEA under which: (1) parents select the school, including private schools, in which their children will be enrolled; and (2) sufficient financial support is provided to enable a significant number or percentage of parents to enroll their children in a variety of schools and educational programs, including private schools. Requires LEAs to use grant funds only for student educational services and parental involvement activities in addition to those that would otherwise be provided from State or local funds. Prohibits use of grant funds for LEA general administrative expenses. Subpart 4: Parental Choice Programs of National Significance - Directs the Secretary to make five-year grants to SEAs, LEAs, and other agencies, institutions, and organizations to conduct and demonstrate nationally significant model programs of educational choice. Authorizes appropriations. Directs the Secretary, in any fiscal year for which funds are available to make new awards, to announce the approaches to educational choice that will be considered in the competition for such funding. Requires grant recipients to use such funds only for activities directly related to planning, implementing, operating and evaluating, and disseminating information about, the educational choice demonstration program. Allows such funds to be used to meet expenses of parents and children resulting from their participation in such program. Part F: National Assessment of Educational Progress - Amends the General Education Provisions Act (GEPA) to extend through FY 1996 the authorization of appropriations for the National Center for Educational Statistics and its programs, including the National Assessment of Educational Progress (NAEP). Requires the NAEP to collect representative data on a national and State basis for those States that choose to participate. Repeals a requirement for data collection on a regional basis. Requires the NAEP to collect and report data: (1) at least once every four years in the core academic areas of reading, writing, mathematics, science, history, and geography; and (2) annually on students at specified ages and in specified grade levels. (Current law varies such deadlines for the different academic subjects and sets a biennial deadline for the age and grade levels.) Removes a confidentiality restriction on NAEP information with respect to individual schools. Removes a prohibition against use of NAEP test items and data to rank, compare, or otherwise evaluate individual students, schools, or school districts. Requires States which choose to enter NAEP agreements to conduct such Assessment at the school level for all schools in the State sample and coordinate within the State, subject to a minimum State contribution of $100,000. Directs the Secretary to pay the State a certain amount for the costs of conducting such Assessment in excess of the minimum State contribution. Part G: National Commission on Time, Study, Learning, and Teaching - Establishes a National Education Commission on Time, Study, Learning, and Teaching (the Commission). Requires the Commission to examine the quality and adequacy of the study and learning time of U.S. elementary and secondary students in an era when World Class Standards of achievement need to be met, including issues regarding: (1) the length of the school day and year; (2) the extent and role of homework; (3) how time is currently being used for academic subjects (especially the five core subjects of English, mathematics, science, history, and geography); (4) year-round professional opportunities for teachers; and (5) the use of school facilities for extended learning programs. Directs the Commission, within one year after it concludes its first meeting, to submit a final report to the Congress and the President. Requires such report, in addition to the primary issues, to analyze and make recommendations about: (1) use of incentives for students to increase educational achievement in available instructional time; (2) how children spend time outside school; and (3) if appropriate, a model plan for adopting a longer academic day and year for U.S. elementary and secondary schools by the end of this decade, including mechanisms to assist in such transition. Terminates the Commission 90 days after it submits its final report. Authorizes appropriations. Part H: Regional Literacy Resource Centers - Amends the Adult Education Act to direct the Secretary to make grants or contracts for operation of regional literacy resource centers in appropriate regions. Makes eligible for such grants or contracts SEAs, LEAs, State literacy offices, volunteer organizations, community-based organizations, institutions of higher education, or other nonprofit entities. Provides that the Federal share of activity costs shall decline over a five-year period from a maximum of 80 percent to 60 percent. Authorizes appropriations. Part I: General Provisions - Sets forth definitions for this title. Makes specified provisions of Federal law permitting consolidation of grants to the Insular Areas inapplicable to funds received by such an area under this title. Title XVIII: Student Financial Assistance Improvements Act of 1992 - Student Financial Assistance Improvements Act of 1992 - Amends title IV (Student Assistance) of the Higher Education Act of 1965 (HEA) to extend Pell Grant program authority through FY 1993. Revises requirements for the amount of Pell Grants. Sets the amount of an award to a student at the lesser of: (1) the specified maximum award less the expected family contribution; or (2) the percentage (based on family-income level) of the amount of the student's need for financial assistance (i.e., cost of attendance minus expected family contribution). Increases the maximum award amount to $3,700 for 1992-93 and the four succeeding award years. Sets forth a table of percentages of student need for award computation. Revises the period of eligibility for Pell Grants. Limits such period to the full-time equivalent of three academic years in the aggregate in the case of all undergraduate degree or certificate programs normally requiring two years or less. Specifies that longer eligibility periods for longer programs are cumulative and include periods for which the student received a Pell Grant under shorter programs. Repeals specified provisions for a separate need analysis formula for Pell grants. Extends the period for specified limitations on amounts of student loans covered by Federal insurance. Increases the annual and aggregate loan limits under the Stafford loan and the Supplemental Loans for Students (SLS) programs. Requires lenders to offer Stafford loan borrowers the option of repaying such loans on a graduated repayment schedule under specified conditions. Eliminates a provision which allowed an institution to refuse to certify a student's eligibility for a loan, or allowed it to certify a lesser amount, under specified conditions. Revises loan deferment provisions. Retains deferment while the borrower is in specified courses of study. Replaces the various current categorical deferments with a hardship deferment of up to three years in the aggregate. Requires the lender to grant specified forbearance if the borrower is a Peace Corps or VISTA volunteer and does not qualify for such hardship deferment. Revises provisions for Federal reinsurance coverage. Revises the period in which guaranty agencies must file reinsurance claims. Revises requirements for calculation and payment of such reinsurance. Requires a 60-day delayed disbursement of Stafford or SLS loans to first-year undergraduates at institutions with default rates of 30 percent or greater. (Retains the current 30-day delayed disbursement for first-year undergraduates at institutions with default rates less than 30 percent.) Revises provisions for eligibility limitations, suspensions, terminations, other hearing procedures, and fines for lenders or institutions that violate program requirements. Sets forth conflict-of-interest restrictions on guaranty agency officers and employers. Prohibits any guaranty agency from permitting any of its officers or employees, or any member of their immediate families, to have a direct financial interest in, or serve as an officer or employee of, any lender, secondary market, contractor, or servicer with which the guaranty agency does business. Includes financial information among the information the Secretary may reasonably require from a guaranty agency to carry out the student loan programs and protect the U.S. financial interest. Revises the administrative cost and collection retention allowances for guaranty agencies. Revises provisions for oversight of guaranty agencies. Authorizes the Secretary to require a guaranty agency to submit and implement a management plan if the ratio of its reserve funds to outstanding guarantees is less than a set level, or if its administrative or financial condition jeopardizes its continued ability to perform its responsibilities under its guaranty agreement. Authorizes the Secretary to terminate the guaranty agreement with any agency that fails to submit an acceptable management plan or fails to improve substantially its condition in accordance with such a plan. Authorizes the Secretary to assume guaranty agency functions of agencies whose agreements are terminated by the Secretary or themselves. Limits the Secretary's liability for any outstanding liabilities of a guaranty agency, the functions of which the Secretary has assumed, to the fair market value of assets assigned by the agency to the Secretary, minus any necessary liquidation or administrative costs. Requires State backing of designated guaranty agencies. Requires each State to guarantee, with its full faith and credit or the equivalent, all student loans guaranteed by the guaranty agency designated for that State for borrowers attending eligible institutions in that State. Provides that a State may elect to guarantee, in addition, student loans guaranteed by any other guarantee agency for borrowers who are attending eligible institutions in that State. Requires the State, if such a guaranty agency backed by the State is unable to discharge its insurance obligation, to be responsible for discharging them, as well as administrative costs associated with transferring the guaranty agency's operations to another entity. Directs the Secretary, if a State discharges such insurance obligations, to pay the State the amount the guaranty agency would otherwise have received as reimbursement. Directs the Secretary, unless a State demonstrates by January 1, 1994, that it is backing the designated guaranty agency, to assess institutions of higher education participating in the student loan program that are located in that State a fee based on the risk of financial loss to the Federal Government that the State would otherwise assume. Requires such fees to be deposited in the student loan insurance fund. Requires States to pay a share of default costs in specified circumstances. Allows a State to charge a fee to an institution of higher education in the State participating in the loan program, to an approved fee structure based on the institution's cohort default rate and the State's risk of loss under such requirement. Eliminates the student loan program eligibility of foreign institutions (but not of study abroad that is part of the curriculum of U.S. institutions). Revises the definition of cohort default rate. Reduces the special allowance rates for holders of loans for which the cohort default rate exceeds 20 percent. Revises provisions for need analysis to apply them to all need-based student assistance programs, including Pell Grants (which currently have a separate need analysis system). Revises the definitions of cost of attendance and family contribution, as well as provisions for data elements used in determining expected family contribution. Revises the formula for calculation of the expected family contribution for a dependent student to eliminate references to the students' spouse. Allows application of any parent's negative available income: (1) to reduce the parent's income supplement amount from assets; and (2) if there is any negative amount remaining after that is reduced to zero, to increase the allowances against the dependent student's income. Revises the minimum dependent student contribution to be the greater of: (1) specified amounts that vary according to family total income; or (2) 70 percent of the student's total income, minus the adjustment to student income. Eliminates certain exceptions to the general need analysis calculation for dislocated workers and displaced homemakers. Revises the tables for determination of standard maintenance allowance, employment expense allowance, adjusted net worth of business and of farm, asset protection allowance, and parents' assessment from available income. Revises the asset protection allowance to provide for consideration of the average age of both parents. Revises provisions for family contribution for married or single independent students without dependents (including various revisions similar to those described for dependent students). Includes married, as well as unmarried, students under this category of independent students without dependents. Revises provisions for minimum student contribution under this category. Revises tables for determining various allowances and other factors. Revises provisions relating to the family contribution for married or single independent students with dependents (including provisions similar to those in other categories). Revises tables for determining various allowances and other factors. Eliminates certain restrictions on the Secretary's authority to prescribe regulations to carry out need analysis requirements. Revises provisions relating to development of revised tables of assessment rates for purposes of such need analysis. Authorizes the Secretary to prescribe regulations specifying situations in which the data elements considered in determining a student's expected family contribution may be modified to accommodate the special circumstances of the student. Provides a special rule for the determination of the net value of the principal place of residence. Makes ineligible for student assistance program participation for specified periods any institution whose cohort default rate equals or exceeds a specified threshold percentage. Revises provisions for proprietary institutions of higher education. Authorizes the Secretary, if a particular category of proprietary institution does not meet specified student assistance program requirements because there is no nationally recognized accrediting agency or association qualified to accredit such institutions, to: (1) appoint an advisory committee to recommend qualifying standards; and (2) determine whether the particular schools meet them. Provides for reduction of student assistance loan award maximums for short-term programs. Requires students, in order to remain eligible for assistance, to satisfy specified minimum academic achievement standards. Directs the Secretary to implement a system of verification of immigration status. Eliminates certain provisions for training in financial aid and student support services. Requires any institution participating in any student assistance program to have in effect a fair and equitable refund policy and to provide a written statement of it, with examples, to prospective students. Revises provisions for student assistance program participation agreements. Requires the institution to acknowledge the authority of the Secretary, guaranty agencies, accrediting agencies, and State licensing bodies to share with each other any information pertaining to the institution's eligibility to participate in such programs. Eliminates the requirement that hearings be on the record, with respect to program participation limitation, suspension, or termination procedures. Provides for data matching. Authorizes the Secretary to obtain from Federal or State agencies specified information relating to an individual for student loan collection purposes. Directs the Secretary of Labor to enter into an agreement to provide prompt access for the Secretary to wage and unemployment compensation claims information and data maintained by or for the Department of Labor or State employment security agencies. Amends the Higher Education Technical Amendments of 1991 (Public Law 102-26) to make permanent the elimination of limitations on actions to collect defaulted student loans or grant overpayments. Revises the HEA definition of institution of higher education. Requires such institutions, in order to be eligible to participate in HEA programs, to comply with such minimum State licensing standards as the Secretary may prescribe by regulation and which the relevant State licensing body is to impose upon institutions it licenses. Revises the alternative accreditation process. Authorizes the Secretary, if a particular category of institutions is not accredited because no nationally recognized accrediting agency or association is qualified to do so, to appoint an advisory committee to: (1) recommend standards to qualify institutions in such category to participate in HEA programs; and (2) review whether particular institutions meet such standards. Includes as an institution of higher education for HEA title IV student assistance programs any institution that provides programs of at least six months (or 600 clock hours) that prepare students for gainful employment in recognized occupations, and that has been in existence for at least two years. Requires an institution, if it is accredited by more than one accrediting body, to designate, for HEA eligibility purposes, one such body as its primary accreditor, on either an institutionwide or program basis. Deems such an institution no longer accredited for purposes of HEA eligibility for a 24-month period if its accreditation is terminated for cause by the primary accreditor, or if it withdraws from such accreditation voluntarily under a show cause or suspension order, unless such accreditation is restored by the same accreditor during such 24-month period. Provides for sharing of institutional eligibility information by the Secretary, guaranty agencies, accrediting agencies, and State licensing bodies. Makes ineligible for any HEA assistance any individual who is in default on any loan made, insured, or guaranteed by the Federal Government, unless satisfactory repayment arrangements are made. Title XIX: National Energy Strategy Act - Subtitle A: Residential, Commercial, and Federal Energy Use - Part 1: Consumer and Commercial Products - Amends the Energy Policy Conservation Act to expand the list of commercial products covered by the Act. Directs the Federal Trade Commission to prescribe labeling rules for such products. Prohibits the Secretary of Energy from prescribing energy conservation standards for certain electric lights or commercial products listed in the Act. Part 2: Federal Energy Management - Amends the National Energy Conservation Policy Act to authorize Federal agency participation in private sector energy demand management or application of conservation measures to Federal buildings. Subtitle B: Natural Gas - Part I: Natural Gas Pipeline Regulatory Reform - Amends the Natural Gas Act to authorize the Federal Energy Regulatory Commission (FERC) to direct a natural-gas entity (pipeline) to interconnect physically with other facilities at the applicant's expense, in order to receive natural gas from the other facilities for transportation in the pipeline. Declares that for purposes of the National Environmental Policy Act of 1969, a FERC certification of public convenience and necessity with respect to a natural gas facility is the only major Federal action requiring a detailed environmental impact statement. Amends the Natural Gas Policy Act of 1978: (1) to authorize an interstate pipeline to construct facilities incidental to transportation service upon 30 days notice to the affected State commission; and (2) require FERC to authorize any interstate pipeline to transport natural gas on behalf of any person. Amends the Natural Gas Act to declare that a mutually agreed-upon natural gas transportation rate between a natural-gas company and its customer is deemed just and reasonable, and in compliance with such Act. Sets forth expedited certification procedures for natural gas transportation and related facilities construction. Provides for the construction and operation of natural gas transportation facilities with an option not to obtain a certificate of public convenience and necessity (thus taking such facility out of the Act's jurisdiction). Authorizes FERC to issue an order finding that if a natural-gas company's market is competitive and its transportation or sales services charges are not unduly discriminatory such charges are not subject to its jurisdiction. Part 2: Natural Gas Import/Export Deregulation - States that neither FERC nor a State may prohibit or condition the importation or exportation of natural gas or treat exported or imported natural gas differently from any other natural gas while it is within the United States. Authorizes the President to: (1) waive any law relating to natural gas importation or exportation upon finding that the national interest requires it; or (2) specify when such natural gas importation or exportation law is considered satisfied if the appropriate Federal or State agency has not taken final action. Part 3: Structural Reform of the Federal Energy Regulatory Commission - Amends the Department of Energy Organization Act to abolish FERC and establish within the Department of Energy the Natural Gas and Electricity Administration to be headed by an Administrator appointed by the President. Transfers to the Secretary of Energy the functions of the Federal Power Commission and FERC. Sets forth rulemaking procedures for rates and charges with respect to natural gas and electricity. Subtitle C: Oil - Part I: Naval Petroleum Reserve Leasing - Naval Petroleum Reserve Leasing Act - Authorizes the Secretary of Energy (the Secretary) to lease Naval Petroleum Reserve Numbered 1 (California) if it is not necessary for national defense purposes. Sets forth leasing and antitrust guidelines. Mandates the use of competitive leasing procedures, minimum royalty payments, and crude oil set-asides for sale to small refiners by Reserve lessees. Authorizes the Secretary to take certain steps to arrange and conduct a leasing action. Authorizes the Secretary to acquire privately owned lands or physical improvements within a Naval Petroleum Reserve if a lease of Naval Petroleum Reserve Numbered 1 cannot be arranged. Amends the Energy Policy and Conservation Act to authorize the Secretary to store within the Strategic Petroleum Reserve a Defense Petroleum Inventory of petroleum products (in addition to any other acquisition and storage for such Reserve required by law). Directs the Secretary to obligate the United States share of funds available in the Naval Petroleum Reserve Lease Proceeds Special Account (created by this Act) for the acquisition of 10,000,000 barrels of crude oil for the Defense Petroleum Inventory. Declares that upon request of the Secretary of Defense: (1) crude oil acquired for or dedicated to the Defense Petroleum Inventory shall be drawn down and distributed by the Secretary of Energy for the Department of Defense for use, sale, or exchange; and (2) the Secretary of Energy shall replace in the Defense Petroleum Inventory crude oil drawn down on behalf of the Department of Defense. Requires the Department of Defense to reimburse the Department of Energy for services rendered under this Act. Establishes the Naval Petroleum Reserve Lease Proceeds Special Account in the Treasury to implement this Act. Funds such Special Account with amounts realized from the lease of any United States interest in Naval Petroleum Reserve Numbered 1. Sets forth a payment scheme under which lease proceeds shall be used to make payments to the State of California. Declares that: (1) the authority to lease under this Act extends to specified sections within Naval Petroleum Reserve Numbered 1; and (2) this Act does not affect the withdrawal of lands provided for in certain school land grants. Part 2: Oil Pipeline Deregulation - Oil Pipeline Regulatory Reform Act - Amends the Department of Energy Organization Act to terminate FERC jurisdiction over oil and other pipelines except the Trans-Alaska Pipeline. Authorizes the Attorney General to petition the Secretary of Energy (the Secretary) for an adjudication of whether FERC rate regulation of an existing pipeline in any market is in the public interest. Prescribes adjudication guidelines. Provides that pipeline rates for service to markets which are not identified in a mandatory published adjudications list will no longer be subject to FERC regulatory jurisdiction. Prescribes adjudication guidelines under which the Secretary shall find that regulation of a pipeline is in the public interest only if it is demonstrated that such regulation is necessary to constrain the exercise of substantial market power in the supply and demand of products transported by the pipeline in that market. States that new pipelines shall not be subject to existing Commission regulatory jurisdiction or rate regulation, but shall be subject to common carrier regulation under such Act. States that Commission rate regulation shall be prospective only. Prohibits terminated Commission regulatory jurisdiction from reverting to any other Federal agency. Confers exclusive, original jurisdiction over any petition for judicial review upon the U.S. Court of Appeals for the District of Columbia Circuit. Precludes from such judicial review any action of the Attorney General under this Act, including adjudication petitions. Outlines the parameters within which pipelines are required to operate as common carriers. Requires pipelines to file terms of carriage schedules (except carriage rates) with the Commission. Sets forth guidelines for maximum FERC rates on a market by market basis, subject to price cap regulation based on base rates and cumulative changes in a Competitive Pipeline Price Index. Precludes a pipeline from conditioning its services upon entering into other transactions or on taking or refraining from any action. Requires the Secretary to report to the Congress regarding the results of this Act five years after the conclusion of all adjudications. Retains the applicability of antitrust laws to pipeline transportation of crude oil or refined oil products. Subtitle D: Electricity Generation and Use - Part 1: Public Utility Holding Company Act Reform - Sets forth regulatory guidelines for exempt wholesale generators and qualifying facilities. Subtitle E: Nuclear Power - Part 1: Licensing Reform - Amends the Atomic Energy Act of 1954 to provide procedural guidelines for issuance by the Nuclear Regulatory Commission (NRC) of a combined construction and operating license. Mandates that such combined license applications include a State, local, or utility emergency plan. Requires the NRC to propose implementing regulations under this Act within one year of its enactment. Part 2: Nuclear Waste Management - Amends the Nuclear Waste Policy Act of 1982 to declare that, for purposes of site characterization activities, the appropriate Federal agency shall administer the pertinent rules and regulations without regard to whether such administration has been or could be, delegated to a State or superseded by comparable State law. Declares State, local or tribal laws inapplicable to site characterization activities under this Act. Directs the Secretary to implement site characterization activities in spite of any refusal by either State, local or tribal authorities to act upon requested authorizations to proceed with related site characterization activities. Sets forth a 60-day deadline within which actions to contest the constitutionality of this Act must be brought. Prohibits a court from enjoining site characterization activities in such actions except as part of a final judgment. Subtitle F: Renewable Energy - Part 1: PURPA Size Cap and Co-Firing Reform - Amends the Public Utility Regulatory Policies Act of 1978 (PURPA) to direct FERC to prescribe rules requiring electric utilities to offer to purchase electric capacity from alternative power production facilities only through competitive acquisition. Makes alternative power production facilities eligible for exemptions from PURPA, the Federal Power Act, and State law if they meet certain requirements. Part 2: Hydroelectric Power Regulatory Reform - Amends the Federal Power Act to include as part of the hydroelectric power licensing procedure an applicant's plan concerning studies to be undertaken in connection with the licensing process, and a summary of the applicant's consultation activities with Federal and State agencies and Indian tribes. Sets forth guidelines for additional licensing procedures. Directs FERC to coordinate a single, consolidated licensing review (including review under the National Environmental Policy Act of 1969) of a hydropower project license application that is subject to Federal, State, or Indian tribal review. Removes from FERC jurisdiction hydropower projects with installed capacities of five megawatts or less that have not received a license by the date of enactment of this Act. Subtitle G: Alternative Fuel - Part 1: Alternative and Dual Fuel Vehicle Credits - Amends the Motor Vehicle Information and Cost Savings Act to eliminate limits on the credit toward complying with the corporate average fuel economy (CAFE) standards available to manufacturers for the production of light duty alternative fuel vehicles and certain dual fuel vehicles. Part 2: Alternative Transportation Fuels - Sets forth acquisition and credit allocation guidelines for alternative fuel vehicles. Requires persons who own or otherwise control a fleet of motor vehicles of different types and sizes to make a specified percentage of annual vehicle acquisitions alternative fuel vehicles. Prescribes civil and administrative penalties for noncompliance with this Act. Subtitle H: Innovation and Technology Transfer - Amends the Stevenson-Wydler Technology Innovation Act of 1980 to allow each Federal agency to: (1) secure copyrights on behalf of the United States in any computer software prepared in whole or in part by U.S. employees under a cooperative research and development agreement or other authority, notwithstanding provisions of Federal copyright law; and (2) grant in advance to a collaborating party licenses or assignments for the copyrights, or options thereto, retaining specified rights. Adds references to software and its author to provisions governing the distribution of royalties received by Federal agencies. Subtitle I: Tax Incentives - Amends the Internal Revenue Code to: (1) extend the time period for the energy investment tax credit from June 30, 1992 to December 31, 1993; and (2) make permanent the research activities tax credit. Mandates that certain oil and gas revenues be deposited into: (1) the miscellaneous receipts of the Treasury; and (2) a special Treasury fund for immediate availability without fiscal year limitation to the State of Alaska. Title XX: Arctic Coastal Plain Competitive Oil and Gas Leasing Act - Subtitle A: Short Title and Statement of Purpose - Arctic Coastal Plain Competitive Oil and Gas Leasing Act - Declares the purpose of this Act is to authorize competitive oil and gas leasing and development on the Coastal Plain in a manner consistent with environmental concerns and the interests of the area's subsistence users. Subtitle B: Definitions - Sets forth definitions used in this Act. Subtitle C: Coastal Plain Competitive Leasing Program - Directs the Secretary of the Interior (the Secretary) to establish and implement a competitive oil and gas leasing program on the Coastal Plain. Declares that this Act is the Secretary's sole legislative authority for authorizing and conducting such a program (whether competitive or noncompetitive). Requires the Secretary to issue regulations encompassing environmental protection of the Coastal Plain. Declares that the Department of the Interior's Legislative Environmental Impact Statement is compatible and consistent with the major purposes and policies of the National Environmental Policy Act of 1969, and therefore no further environmental analysis or documentation is required for the issuance of regulations. Prescribes procedural guidelines for land lease sales on the Coastal Plain, and for exploration, development and production plans. Sets forth bonding requirements, and lease suspension and cancellation guidelines. Directs the Secretary to require lessees to unite with each other in collectively adopting and operating under a unit plan of development, including the construction of a common carrier pipeline to transport oil and gas to the exterior boundary of the Coastal Plain. Requires lessees and permittees to provide the Secretary with certain geological and geophysical data obtained from exploration or development activities. Sets forth remedies and penalties for violations of this Act. Directs the Secretary to report annually to the Congress about the leasing program. Repeals certain limitations applicable to subsurface interests owned by certain Alaskan corporations. Provides for expedited judicial consideration of any claims for relief by them. Subtitle D: Coastal Plain Environmental Protection - Directs the Secretary to promulgate environmental protection regulations which ensure that Coastal Plain activities will avoid significant adverse effects on fish and wildlife, their habitat, and the environment. Requires site-specific assessment and mitigation. Designates the Sadlerochit Spring Special Area as a special area for wildlife conservation and environmental protection. Authorizes the Secretary to exclude such area from leasing and to designate other Coastal Plain areas as special areas requiring protection. Directs the Secretary to prepare and periodically update a facilities construction and siting plan for oil and gas development and transportation. Authorizes the Secretary to grant rights-of-way and easements across the Coastal Plain in a manner that does not adversely affect fish, wildlife, and the environment. Requires the Secretary to conduct additional studies to monitor the human, marine, and coastal environments. Directs the Secretary to promulgate regulations providing for bi-annual facility inspections for compliance with environmental and safety regulations. Subtitle E: Land Reclamation and Reclamation Liability Fund - Makes leaseholders fully responsible and liable for land reclamation within the Coastal Plan and other Federal lands adversely affected by lease activities. Requires establishment of the Coastal Plan Liability and Reclamation Fund within six months of a commercial discovery within the Coastal Plain. Subtitle F: Disposition of Oil and Gas Revenues - Prescribes revenue collection and expenditure procedures. Mandates that oil and gas revenues be deposited into the Treasury. Title XXI: Coastal Communities Impact Assistance Act of 1992 - Coastal Communities Impact Assistance Act of 1992 - Establishes the "Coastal Communities Impact Assistance Fund" to provide impact assistance to eligible coastal States and counties for infrastructure, services, competing uses, and natural resources from revenues derived from proximate Outer Continental Shelf natural gas and oil production activities. Title XXII - Alaska Power Administration Sale Authorization Act - Alaska Power Administration Sale Authorization Act - Authorizes the Secretary of Energy to sell: (1) the Snettisham Hydroelectric Project to the State of Alaska Power Authority; and (2) the Eklutna Hydroelectric Project to the Municipality of Anchorage. Directs the Secretary to deposit sale proceeds into the miscellaneous receipts of the Treasury. Declares that both Projects shall continue to be exempt from Federal Power Act requirements (subject to a certain Memorandum of Agreement). Grants the U.S. District Court for the District of Alaska jurisdiction to review and enforce such Memorandum, (including the remedy of specific performance). Directs the Secretary of the Interior to: (1) issue rights-of-way with respect to certain Eklutna lands to the Alaska Power Administration for subsequent reassignment to the Eklutna Purchasers; and (2) convey to the State of Alaska (with respect to certain Snettisham lands) improved lands under certain statutory selection entitlements. Title XXIII: Access to Justice Act of 1992 - Access to Justice Act of 1992 - Amends the Federal judicial code to provide that, in determining whether a matter in controversy exceeds the sum or value of $50,000 for purposes of Federal diversity of citizenship jurisdiction, the amount of damages for pain and suffering or mental anguish, punitive or exemplary damages, and attorneys' fees or costs shall not be included. Requires that on February 1 of each year the threshold amount for diversity jurisdiction (currently, $50,000) be adjusted to the nearest thousand dollars to reflect change in the Consumer Price Index for All Urban Consumers, United States City Average, All Items, under its current official reference base as designated by the Bureau of Labor Statistics of the Department of Labor (CPI-U). Entitles the prevailing party in a diversity action to attorneys' fees only to the extent that such party prevails on any position or claim advanced during the litigation. Specifies that the sum of entitled attorneys' fees shall be paid by the nonprevailing party but shall not exceed the attorneys' fees of the nonprevailing party with regard to such position or claim; and that, if the nonprevailing party receives services under a contingent fee agreement, the sum of the entitled attorneys' fees shall not exceed the reasonable value of such services. Requires counsel of record in any such action to maintain accurate, complete records of hours worked on the matter regardless of the fee arrangement with his client. Authorizes the court to limit fees recovered if it finds special circumstances that make payment of such fees unjust. Makes provisions of this Act (with respect to attorneys' fees in diversity cases) inapplicable to actions removed from State court or to the United States or any State, agency of the United States or any State, or any official, officer, or employee of a Federal or State agency. Amends the Equal Access to Justice Act to bar the award of attorneys' fees in excess of $75 per hour unless the court determines that an increase in the cost of living, as reflected by the change in the CPI-U (currently, unless the court determines that such an increase, or a special factor, such as the limited availability of qualified attorneys for the proceedings involved) justifies a higher fee. Sets forth provisions with respect to the calculation of the cost of living adjustment in such cases. Amends the Federal judicial code to require a claimant, at least 30 days before filing suit, to transmit written notice to the intended defendant or defendants: (1) of the specific claims involved, including the amount of actual damages and expenses incurred and to be incurred; and (2) at an address reasonably calculated to provide actual notice to each such party. Requires that a certificate of service evidencing compliance with such provision be filed with the court at the commencement of the action. Provides for a 30-day extension of any applicable statute of limitations (SL), in the event that such SL would expire during the period of such notice. Makes the requirements of this provision inapplicable under specified circumstances, such as in bankruptcy proceedings and where the defendant (or the assets that are the subject of the action or would satisfy the judgement) is subject to flight. Specifies that in the event that the district court finds that such requirements have not been fulfilled by the claimant, and such defect is asserted by the defendant within 60 days of service of the summons or complaint upon such defendant, the claim shall be dismissed without prejudice and the costs of such action, including attorneys' fees, shall be imposed upon the claimant. Permits the claimant, under such circumstances, to refile such claim within 60 days after dismissal regardless of any statutory limitations period if, during the 60 days after dismissal, notice is effected as provided by this Act, and the original action was timely filed. Authorizes the United States, except as otherwise specifically provided by statute, to enter into an agreement which provides that attorneys' fees may be awarded against the United States or any other party to the litigation: (1) where the United States commenced the suit; (2) in civil litigation involving disputes pursuant to the Contract Disputes Act of 1978; or (3) where the United States and another party have agreed to use outcome-determinative mediation, subject to specified requirements. Sets forth further requirements with respect to the award of attorneys' fees, including the handling of such awards received by Federal agencies. Directs: (1) the chief judge of each Federal judicial circuit (other than the U.S. Court of Appeals for the District of Columbia Circuit) to designate one district within the circuit to be a pilot Multi-Door Courthouse (MDC) district; and (2) the U.S. Court of Appeals for the Federal Circuit to designate the U.S. Claims Court to be a pilot MDC. Specifies that such designation, and the program established by this provision, shall terminate at the expiration of a three-year period following such designation, unless renewed by an Act of the Congress. Requires every court which has been designated as a MDC, within six months, to establish an alternative dispute resolution (ADR) plan, including: (1) procedures for limited discovery; (2) confidentiality of proceedings as to possible subsequent pretrial and trial actions; and (3) the selection, use, and payment of nonjudicial personnel who may be selected to conduct ADR procedures. Specifies that such plan shall also establish standards for determining which cases are appropriate for ADR, considering such factors as whether factual issues predominate over legal issues, whether the case involves complex or novel legal issues requiring judicial action, and any other factors the court considers relevant. Requires that each plan: (1) provide that each Federal judge or, in a case assigned to a magistrate judge, magistrate judge in a MDC conduct a conference with counsel within 120 days after a complaint is filed to review nonbinding, voluntary ADR procedures that may be used in lieu of litigation to resolve the claims in controversy; and (2) authorize the parties, if they agree, to utilize nonbinding ADR procedures that may be used in lieu of litigation to resolve the claims in controversy, such as early neutral evaluation, traditional mediation, outcome-determinative mediation, minitrials, summary jury trials, and arbitration. Sets forth additional plan requirements. Authorizes: (1) the district courts, in carrying out their plans, to use the volunteer services of nonjudicial personnel to conduct ADR procedures; and (2) the courts to establish and pay, subject to limits set by the Judicial Conference of the United States, the amount of compensation, if any, that each neutral shall receive for services rendered in each case. Authorizes the Chief Justice of the United States to designate and assign temporarily a district judge of one circuit for service in another circuit, either in a district court or court of appeals, whenever the business of that court so requires (under current law, upon presentation of a certificate of necessity by the chief judge or circuit justice of the circuit wherein the need arises). Includes among the duties of the Director of the Administrative Office of U.S. Courts to secure information regarding the courts' need for temporary judicial resources to ease overcrowded dockets (including information on delays being encountered in the maintenance of civil suits) and prepare and transmit annually to the Chief Justice, the chief judges of the circuits, the Congress, and the Attorney General, statistical data, reports, and recommendations summarizing the results of this inquiry. Provides that: (1) no State judicial officer shall be held liable for any costs, including attorneys' fees, in any proceeding in vindication of civil rights brought against such officer for an act or omission taken in an official capacity (act); and (2) in any civil action for deprivation of rights brought against a judicial officer for such an act committed in such officer's official capacity, injunctive relief shall not be granted unless a declaratory decree was violated or declaratory relief was unavailable. Amends the Civil Rights of Institutionalized Persons Act to provide that, in actions brought by any adult convicted of a crime confined in any jail, prison, or other correctional facility, the court shall (under current law, if the court believes that such a requirement would be appropriate and in the interests of justice) continue such case for a period not to exceed 180 (currently, 90) days in order to require exhaustion of remedies. Requires the Attorney General, upon request of a State or local corrections agency, to provide such agency with technical advice and assistance in establishing plain, speedy, and effective administrative remedies for inmate grievances. Amends the Federal judicial code to authorize the court, with regard to proceedings in forma pauperis, to dismiss the case if satisfied that the action fails to state a claim upon which relief can be granted. Directs the Board of the Federal Judicial Center to study and determine ways in which case and docket management (including ADR) techniques may be applied to improve the cost-effectiveness of litigation and to eliminate unjustified expense and delay, and include in the annual report of the activities of the Center details of the results of the studies and determinations made pursuant to this provision. Provides that a court en banc shall consist of all circuit judges in regular service (currently, or such number as may be prescribed in accordance with P.L. 95-486 (regarding appointments of district and circuit judges)), with exceptions. Repeals a provision of P.L. 95-486 which authorizes any court of appeals having more than 15 active judges to perform its en banc function by such number of members of its en banc courts as may be prescribed by rule of the court of appeals. Title XXIV: Health Care Liability Reform and Quality of Care Improvement Act - Health Care Liability Reform and Quality of Care Improvement Act of 1992 - Subtitle A: Findings and Purpose - Sets forth: (1) findings regarding this title; and (2) the purpose of this title. Subtitle B: Health Care Liability Reforms - Requires, in order to be eligible to participate in the incentive program provided for in this subtitle, that States have in effect the health care liability reforms set forth in this subtitle. Requires, in any health care liability action, the liability of each defendant for non-economic damages to be several and not joint, with each defendant liable only for the proportion of that defendant's fault and a separate judgment against that defendant in that amount. Prohibits awarding non-economic damages over a certain dollar amount in any health care liability action, subject to waiver. Reduces the total damages received by a plaintiff by the amount of any collateral source benefits. Allows: (1) future economic damage awards to be paid periodically based on when the damages are likely to occur or at the time the damages accrue; and (2) in certain circumstances, the court to require the health care provider to purchase an annuity or fund a reversionary trust to make such periodic payments. Prohibits reopening a judgment awarding periodic payments to contest, amend, or modify the schedule or amount in the absence of fraud or any ground permitting relief after entry of a final judgment. Declares it U.S. policy to encourage alternative dispute resolution (ADR). Requires each State to establish at least one ADR mechanism. Requires each State to: (1) cooperate with Federal research efforts regarding patient outcomes, clinical effectiveness, and clinical practice guidelines; (2) collect, analyze, and supply the Secretary of Health and Human Services with information regarding the performance of State medical boards; and (3) impose continuing education requirements on disciplined physicians. Allows alternatives to these requirements regarding medical boards and continuing education if the Secretary finds the alternatives at least as effective in reducing the incidence of negligence as compliance with the requirements. Allows States three years from the adoption of this title to enact, adopt, or otherwise comply with the requirements of this subtitle. Requires withholding two percent of payments to States computed under specified provisions of title XIX (Medicaid) of the Social Security Act and one percent of payments to hospitals computed under specified provisions of title XVIII (Medicare) of the Social Security Act and redistribution of the withheld funds to those States and hospitals which have complied with the provisions of this subtitle. Allows waiver of the requirements of this title for any experimental, pilot, or demonstration project which is likely to assist in promoting the objectives of this title. Subtitle C: Federal Implementation of Health Care Liability Reforms - Amends Federal law to prohibit, in a health care liability action, finding the United States jointly and severally liable for non-economic damages. Allows liability only for those non-economic damages directly attributable to its pro rata share of fault. Reduces damages paid by the United States by the amount of any collateral source benefits. Prohibits awarding non-economic damages, in an action against the United States, over a certain dollar amount. Requires, at the request of the United States when future economic damages are awarded in excess of a specified amount, an order that such damages be paid by periodic payments based on when the damages are likely to occur. Allows the United States, in such cases, to pay the judgment periodically or purchase an annuity or fund a reversionary trust. Prohibits reopening the judgment to contest, amend, or modify the schedule or amount in the absence of fraud or any ground permitting relief after entry of a final judgment. Subtitle D: Construction of Provisions - Provides for construction of this title, severability, and the effective date of this title. Title XXV: Product Liability Fairness Act - Subtitle A - Product Liability Fairness Act - Declares that this title governs any product liability action brought against a manufacturer or product seller, on any theory, for harm caused by a product. States that a civil action brought against a manufacturer or product seller for loss or damage to a product itself or commercial loss shall be governed by applicable commercial or contract law. Supersedes any inconsistent State law regarding recovery in such actions. Lists specific laws not superseded, including: (1) defense of sovereign immunity asserted by any State or by the United States; (2) any Federal law (except the Federal Employees Compensation Act and the Longshore and Harbor Workers' Compensation Act); (3) the Foreign Sovereign Immunities Act of 1976; (4) State choice-of-law rules; (5) the right of any court to transfer venue or to apply the law of a foreign nation or to dismiss a claim of a foreign nation or citizen on the ground of inconvenient forum; and (6) any statutory or common law cause of action, including an action to abate a nuisance, that authorizes a State or person to institute an action for civil damages or civil penalties, clean up costs, injunctions, restitution, cost recovery, punitive damages, or any other form of relief from contamination or pollution of the environment or the threat of it. Declares that U.S. district courts shall not have jurisdiction over any civil action under this title, based on specified provisions of Federal law relating to district court jurisdiction. Declares that, if any provision of this title would shorten the period during which a manufacturer or seller would otherwise be exposed to liability, the claimant may, notwithstanding that period, bring any civil action under this title within one year after the effective date of this title. Subtitle B - Allows any claimant to bring a civil action for damages against a person for harm caused by a product under applicable State law, except to the extent such law is superseded by this title. Sets forth expedited settlement measures, including: (1) an option to include an offer of settlement, for a specific dollar amount, by the plaintiff in the complaint and by the defendant in a responsive pleading; and (2) awarding attorney's fees and costs, in certain circumstances, to the prevailing party if the other party does not accept the settlement offer. Sets forth alternative dispute resolution procedures, including: (1) an option, in lieu of or in addition to a settlement offer, for a claimant or a defendant to offer to proceed under any voluntary alternative dispute resolution procedure established or recognized under the law of the State in which the action is brought or maintained; and (2) awarding of attorney's fees and costs to the offering party if the court determines that a refusal to so proceed was unreasonable or not in good faith. Creates a rebuttable presumption that a refusal to so proceed was unreasonable, or not in good faith, if a verdict is rendered in favor of the offeror. Subtitle C - Allows a person seeking to recover for harm caused by a product to bring a civil action against the manufacturer or seller under applicable State or Federal law, except to the extent such law is superseded by this title. Establishes a standard of product seller liability for proximate causes of harm, established by a preponderance of the evidence, which fall under the categories of negligence or express warranty. Allows the trier of facts, in a negligence action, to consider the conduct of the seller with respect to: (1) the construction, inspection, or condition of the product; and (2) failure to pass on warnings or instructions from the manufacturer. Deems the seller not liable for failure to provide warnings or instructions unless the claimant establishes that the seller failed to: (1) provide warnings or instructions received while the product was in the seller's possession and control; or (2) make reasonable efforts to provide users with warnings and instructions which it received after the product left its possession and control. Deems a seller not liable except for breach of warranty where there was no opportunity to inspect the product in a manner which would or should, in the exercise of reasonable care, have revealed the aspect which allegedly caused the harm. Declares that the seller shall be treated as the manufacturer and be liable for harm caused by a product as if it were the manufacturer if: (1) the manufacturer is not subject to service of process in any State in which the action might have been brought; or (2) the court determines that the claimant would be unable to enforce a judgment against the manufacturer. Allows punitive damages, if otherwise permitted by applicable law, to be awarded in any civil action under this subtitle to any claimant who establishes by clear and convincing evidence that the harm suffered was the result of conduct manifesting a manufacturer's or product seller's conscious, flagrant indifference to the safety of those persons who might be harmed by a product. Declares that a failure to exercise reasonable care in choosing among alternative product designs, formulations, instructions, or warnings is not of itself such conduct. Prohibits awarding punitive damages in the absence of a compensatory award, subject to exception. Prohibits punitive damages against a manufacturer or seller of a drug or medical device where: (1) the drug or device was subject to pre-market approval by the Food and Drug Administration (FDA); or (2) the drug is generally recognized as safe and effective under conditions established by the FDA. Prohibits punitive damages against a manufacturer of an aircraft where: (1) the aircraft was subject to pre-market certification by the Federal Aviation Administration (FAA); and (2) the manufacturer complied, after delivery, with FAA requirements and obligations with respect to continuing airworthiness. Provides for separate proceedings, if requested by the manufacturer or seller, with regard to punitive damages. Lists factors the trier of fact is allowed to consider in determining the amount of punitive damages. Bars any civil action under this subtitle: (1) unless filed within two years after the claimant discovered or should have discovered the harm and its cause, subject to exception; and (2) if the product involved is a capital good that is alleged to have caused harm which is not a toxic harm unless filed within twenty-five years after delivery of the product, provided the claimant has received or would be eligible for State or Federal workers' compensation. Excludes a motor vehicle, vessel, aircraft, or railroad used primarily to transport passengers for hire from these time limitations. States that nothing in these provisions affects the right of any person who is subject to liability under this title to obtain contribution or indemnity from any other person who is responsible for the harm. Requires reduction in the damages awarded by the sum of all State or Federal workers' compensation benefits to which the employee is or would be entitled. Requires a claimant in a civil action under this subtitle who is or may be eligible to receive State or Federal workers' compensation to notify the claimant's employer of the civil action. Requires an action to be stayed, at the sole discretion of the claimant, until a final determination is made on the amount payable as workers' compensation benefits. Declares that, unless the manufacturer or seller has expressly agreed to indemnify or hold an employer harmless, neither the employer nor the workers' compensation insurance carrier shall have a right of subrogation, contribution, or implied indemnity against the manufacturer or seller or a lien against the claimant's recovery, except if the claimant's harm was not in any way caused by the fault of the claimant's employer or co-employees. Allows the employer or workers' compensation insurer to intervene in the action to prove that fact. Prohibits a third party tortfeasor, where workers' compensation is involved, from maintaining any action for implied indemnity or contribution against the employer, any coemployee, or the exclusive representative of the injured person. Prohibits, for a person who is or would have been entitled to receive workers' compensation, any other action, unless a State or Federal workers' compensation law permits recovery based on a claim of an intentional tort. Makes these provisions inapplicable and declares that applicable State law shall control if the employer or the workers' compensation insurer asserts a right of subrogation, contribution, or implied indemnity against the manufacturer or seller or a lien against the claimant's recovery. Declares that, in any product liability action, the liability of each defendant for noneconomic damages shall be several and not joint. Requires the trier of fact to determine the proportion of responsibility of each party for the claimant's harm. Establishes a complete defense, in any civil action under this title in which all defendants are manufacturers or sellers, that the claimant was under the influence of alcohol or any drug and that, as a result, the claimant was more than 50 percent responsible for the event which resulted in the harm. Defines "drug" to mean any non-over-the-counter drug which has not been prescribed by a physician. Title XXVI: Civil Liberties Act Amendments of 1992 - Civil Liberties Act Amendments of 1992 - Amends the Civil Liberties Act of 1988 to increase the authorization of appropriations to the Civil Liberties Public Education Fund. Includes non-Japanese spouses and parents who were interned with their spouses or children during World War II in the definition of the term "of Japanese ancestry." Modifies requirements regarding payments made in the case of deceased persons. Regulates judicial review of denial of compensation. Alters the maximum termination date for the Fund. Removes provisions requiring any refused payment to remain in the Fund. Removes provisions establishing and generally providing for the Fund's Board of Directors. Title XXVII: Federal Credit and Debt Management Act of 1992 - Federal Credit and Debt Management Act of 1992 - Amends Federal law to provide that for certain collections procedures "a person" includes an individual and a sole proprietorship, partnership, corporation, non-profit organization, or other form of business association. Requires the head of an executive or legislative agency to take all appropriate and cost-effective actions to collect aggressively all claims of the U.S. Government. Expands agency debt-collection authorities. Prohibits any person from obtaining any Federal financial assistance in the form of a loan (except for a Commodity Credit Corporation price support loan) or loan guarantee if such person has an outstanding debt with an executive agency which is in a delinquent status. Allows the agency head to waive such prohibition. Requires persons doing business with the Federal Government in any loan program, as grant recipients, insurance or license recipients, or contractors to furnish their taxpayer identifying number. Requires agency disclosure on the use of such number to include the intent to use it for purposes of collecting or reporting on delinquent amounts arising out of the persons' relationship with the Federal Government. Sets forth requirements for the head of each Federal agency guaranteeing or insuring loans with respect to program management. Requires the charge of a late fee, in addition to scheduled principal and interest, on claims that are in delinquent status. Requires the assessment, in addition to the late fee, of any amounts necessary to cover the charges levied by another agency or private collector for collecting delinquent claims through Federal salary offset, tax refund offset, private debt collection contractors, or other such explicit fees or charges. Authorizes agencies to retain one-half of collected fees to be used for specified purposes. Sets forth requirements for agency disclosures of information to credit reporting agencies. Removes restrictions on legal fees charged for contracts for collection services in cases of claims of indebtedness owed to the United States. Title XXVIII: Reduce Certain Commodity Credit Corporation Subsidies of Those with Off-Farm Income of $100,000 or More - Prohibits specified Commodity Credit Corporation payments to persons with off-farm adjusted gross income of $100,000 or more. Reduces payments to an entity in proportion to the ownership interest of any such person. Title XXIX: Farm Credit System Financial Assistance Corporation Repayment Act of 1992 - Farm Credit System Financial Assistance Corporation Repayment Act of 1992 - Amends the Farm Credit Act of 1971 to require each Farm Credit System (FCS) bank to make annual payments to the Financial Assistance Corporation (Corporation) in order to maintain specified capital levels. Requires the Corporation (currently each FCS institution) to repay Treasury-paid interest. Title XXX: Recover Costs of Carrying Out Federal Marketing Agreements and Orders - Amends the Agricultural Adjustment Act of 1933 to provide for Federal marketing order cost recovery through handler fees. Title XXXI: Eliminate Provisions for Permanent Annual Appropriations to Support Land Grant Universities - Amends Federal law (the "Second Morrill Act") to replace permanent annual appropriation provisions with permanent annual authorization of appropriation provisions with regard to land grant university funding. Title XXXII: Power Marketing Administration Timely Payment Act - Power Marketing Administration Timely Payment Act - Mandates that each power marketing administration provide for timely repayment to the Treasury of principal and interest for power investments. Prescribes repayment guidelines. Title XXXIII: Emerging Telecommunications Technologies Act of 1992 - Emerging Telecommunications Technologies Act of 1992 - Directs the Secretary of Commerce and the Chairman of the Federal Communications Commission (FCC), at least semiannually, to conduct joint spectrum planning meetings with respect to: (1) future spectrum needs; (2) the spectrum allocations necessary to accommodate those needs; and (3) actions necessary to promote the efficient use of the spectrum. Directs the Secretary and the Chairman to report annually to the President on the joint spectrum planning meetings and any resulting recommendations. Directs the Secretary to submit to the President a report identifying bands of frequencies that: (1) are allocated on a primary basis for Federal Government use and eligible for licensing pursuant to the Communications Act of 1934 (the Act); (2) are not required for the present or identifiable future needs of the Government; (3) can feasibly be made available during the next fifteen years for use under the Act for non-Government users; (4) will not result in excessive losses to the Government in relation to benefits that may be obtained through non-Government users; and (5) are likely to have significant value for non-Government users under the Act. Sets forth criteria for identifying, and recommending for reassignment, such frequencies. Requires the Secretary to submit to the President a report which makes a preliminary identification of reallocable bands of frequencies. Directs the Secretary to convene a private sector advisory committee to: (1) revise the bands of frequencies identified in the preliminary report; (2) advise the Secretary with respect to the bands of frequencies which should be included in the final report; (3) receive public comment on the reports; and (4) prepare and submit such report. Directs the advisory committee to submit to the Secretary, the FCC, and specified congressional committees recommendations for the reform of the process of allocating the electromagnetic spectrum between Federal and non-Federal use. Directs the Secretary, as part of the final report, to include a time-table for the effective dates by which the President shall, within 15 years, withdraw or limit assignments on frequencies specified in the report. Directs the President, after receiving the final report from the Secretary, to: (1) withdraw or limit the assignment to a Government station of any frequency which such report recommends for reallocation; (2) withdraw or limit the assignment to a Government station of any frequency which such report recommends to be reallocated or made available for mixed use; (3) assign or reassign other frequencies to Government stations as necessary to adjust to such withdrawal or limitation of assignments; and (4) publish in the Federal Register a notice and description of all such actions taken. Authorizes the President to substitute alternative frequencies in the interest of national security, important Governmental needs, public health or safety, or Federal financial considerations. Provides for the reimbursement to non-Government licensees, or non-Government entities operating on behalf of a Government licensee, for the incremental costs directly attributable to the loss of the use of the frequency reassigned or otherwise limited under this Act. Authorizes appropriations to provide such reimbursements. Directs the FCC, at specified intervals, to: (1) complete a public notice and comment proceeding regarding the allocation of the initial spectrum to be reassigned, and to formulate a plan to assign such spectrum pursuant to competitive bidding procedures; and (2) complete a public notice and comment proceeding, and prepare and report to the President a plan for the distribution under the Act, of the frequency bands reallocated pursuant to this Act. Amends the Communications Act of 1934 to officially authorize the FCC to assign the frequencies reallocated from Government to non-Government use under this Act. Makes certain frequency reassignments available only to the extent provided in appropriations Act. Authorizes the President to reclaim reassigned frequencies for reassignment to Government stations. Sets forth procedures for reclaiming frequencies. Directs the FCC to use competitive bidding procedures during spectrum reallocation pursuant to this Act. Outlines other procedures to be followed by the FCC with regard to permits and licenses relating to such frequency reallocation awards. Outlines specified instances when competitive bidding procedures shall not be required. Title XXXIV: Enterprise for the Americas Act of 1992 - Enterprise for the Americas Initiative Act of 1991 - Authorizes the Secretary of the Treasury to contribute a grant to the Enterprise for the Americas Investment Fund to be administered by the Inter-American Development Bank (IDB). Authorizes appropriations. Requires the Fund to: (1) provide grants to advance market-oriented policy initiatives and reforms to encourage investment in Latin America and the Caribbean; and (2) finance technical assistance for privatizing government-owned industries, enterprise development and business infrastructure, and worker training and education programs. Permits the Secretary to seek contributions to the Fund from other countries. Establishes in the Department of the Treasury the Enterprise for the Americas Facility to support improvement in the lives of the people of Latin America and the Caribbean through market-oriented reforms and economic growth with actions to promote debt reduction, investment reforms, trade liberalization, and community based conservation and sustainable use of the environment. Makes eligible for Facility benefits Latin American or Caribbean countries that: (1) have in effect, received approval for, or are making progress toward, specified International Monetary Fund arrangements and structural or sectoral adjustment loans from the International Bank for Reconstruction and Development or the International Development Association; (2) have put in place major investment reforms in conjunction with an IDB loan or are implementing or making progress toward an open investment regime; and (3) have agreed with commercial bank lenders on a financing program for debt or debt service reduction. Authorizes the President to reduce the amount owed to the United States (as a result of concessional loans made pursuant to the Foreign Assistance Act of 1961 or predecessor foreign economic assistance legislation) by any country eligible for Facility benefits. Declares that this title may be exercised notwithstanding provisions of the Foreign Assistance Act of 1961 and the International Development and Food Assistance Act of 1975 concerning repayments of loans outstanding after September 19, 1966, and the settlement of debts owed to the United States. Sets forth requirements with respect to the exchange of obligations, repayment of principal, and interest on new obligations issued by beneficiary countries. Requires beneficiary countries that enter into Environmental Framework Agreements to establish Enterprise for the Americas Environmental Funds. Authorizes the President to enter into Environmental Framework Agreements concerning the operation and use of Environmental Funds with countries eligible for Facility benefits. Directs administering bodies in each beneficiary country to administer the Environmental Funds and to make grants for environmental activities. Requires grants from the Funds to be used for activities that link the conservation and sustainable use of natural resources with local community development. Subjects grants of more than $100,000 to veto by the U.S. Government or the government of the beneficiary country. Establishes an Environment for the Americas Board to: (1) advise the Secretary on the negotiations of Environmental Framework Agreements; (2) ensure that a suitable administering body is identified for each Environmental Fund; and (3) review the programs, operations, and fiscal audits of administering bodies. Declares that the President should: (1) encourage other official creditors of beneficiary countries whose debt is reduced under this Act to provide debt reduction to such countries; and (2) ensure that Environmental Funds are able to receive donations from private and public entities and private creditors of beneficiary countries. Authorizes the President to: (1) sell to any eligible purchaser any loan of an eligible country made pursuant to the Export-Import Bank Act of 1945; (2) sell to any eligible purchaser any asset acquired by the Commodity Credit Corporation in connection with export sales to an eligible country or specified export credit guarantee programs; and (3) reduce or cancel any loans or assets made or acquired before 1991 upon receipt of payment from an eligible purchaser. Permits loans or assets to be sold only to purchasers who present plans to the President for using such loans or assets to engage in debt-for-equity, debt-for-development, or debt-for-nature swaps. Authorizes loans or assets to be reduced or canceled only for purposes of facilitating such swaps. Directs the President to report annually to the Speaker of the House and the President of the Senate on the Facility. Title XXXV: Repeal the Trade Adjustment Assistance Program - Amends the Trade Act of 1974 to terminate worker trade adjustment assistance under the Act's trade adjustment assistance program after September 30, 1992. Title XXXVI: VA Medical Care Cost Recovery Amendment of 1992 - Medical Care Cost Recovery Amendment of 1992 - Amends Federal provisions which authorize the Secretary of Veterans Affairs to recover from a third party insurer the cost of care and services provided by the Department of Veterans Affairs to a veteran for a non-service-connected disability for which such third party would otherwise have been responsible to provide to eliminate the October 1, 1993, delimiting date by which such care and services must have been received in order to be recovered by the Department, in the case of a veteran who also has a service-connected disability and is entitled to care under a health-plan contract. Title XXXVII: Veterans' Home Loan Improvement Act of 1992 - Veterans' Home Loan Improvement Act of 1992 - Revises the loan fee required to be paid by a veteran to the Department of Veterans Affairs in the case of a loan made, guaranteed, or insured by the Department to set such fee at the following percentages of the total amount of the loan: (1) two percent, in the case of loans made for the purchase of manufactured homes and lots; and (2) two and one-half percent, in the case of a veteran who has previously obtained a guaranteed loan, without respect to the loan purpose or the amount of down payment. Waives the two and one-half percent fee in some instances. Waives a specified percentage increase in the amount of such loan fee for loans closed between November 1, 1990, and September 30, 1991. Reduces from 95 to 90 percent of the total purchase price of the property securing the loan the amount which will be guaranteed by the Department in the case of loans made for the purchase of manufactured homes and lots. Makes such guaranteed loan amount also 90 percent of the reasonable value of the dwelling or farm residence in the case of a veteran who has previously obtained a guaranteed loan without respect to the loan purpose or the amount of down payment. Waives the later 90-percent limitation in some instances. Title XXXVIII: Permanent Extension of Certain Veterans-Related Income Verification and Pension Provisions in the Omnibus Budget Reconciliation Act of 1990 - Amends the Internal Revenue Code to authorize the Secretary of Veterans to permanently (currently ends September 30, 1992) utilize Internal Revenue Service and Social Security Administration data for income verification purposes. Makes permanent (also currently expires on such date) the authority to obtain such information from the Secretaries of the Treasury or Health and Human Services. Makes permanent (currently expires on September 30, 1992) the $90 maximum monthly pension authorized for a veteran having neither spouse nor child and being furnished domiciliary care by the Department of Veterans Affairs. Title XXXIX: Target Entitlement for Vocational Rehabilitation Benefits to Veterans with Service-Connected Disabilities Rated 30 Percent or More; and Adjust Military Pay Reduction for Montgomery GI Bill Participants - Entitles a veteran to a veterans' rehabilitation program if such veteran has a service-connected disability rated at 30 (currently, 20) percent or more and which was incurred in service after September 16, 1940. Provides that certain reductions from basic pay taken to allow for coverage of basic educational assistance under the Montgomery GI Bill shall include only those individuals who first entered onto active duty before October 1, 1992 (currently, such reduction applies to all service members). Makes identical changes with regard to entitlement for reserve personnel and for certain active-duty personnel enrolling in the basic education assistance program before being involuntarily separated from service. Title XL: Retirement Modification Act of 1992 - Retirement Modification Act of 1992 - Increases Federal employee contributions to the Civil Service Retirement System by one percent on January 1, 1993, and by an additional one percent on January 1, 1994. Repeals provisions under the Civil Service Retirement System, Federal Employees' Retirement System, Foreign Service Act of 1980, and Central Intelligence Agency Retirement Act of 1964 for Certain Employees providing for alternative forms of annuities. Title XLI: Conform the Definition of Compensation Under the Railroad Retirement Tax Act to That Under the Federal Insurance Contributions Act - Amends the Internal Revenue Code to conform the definition of employee compensation under the Railroad Retirement Tax Act and the Railroad Retirement Act to that under the Federal Insurance Contributions Act. Title XLII: Extend the Duration of the Patent and Trademark Office User Fee Surcharge Through 1997 - Amends the Omnibus Budget Reconciliation Act of 1990 to extend from 1995 to 1997 the authority of the Patent and Trademark Office to impose user fee surcharges. Sets forth permissible surcharge revisions for FY 1996 and 1997. Title XLIII: Expanding Existing Army Corps of Engineers User Fees for Use of Developed Recreation Sites - Amends the Flood Control Act of 1968 to authorize the Secretary of the Army to charge fees for use of developed recreation sites and facilities, including, but not limited to, campsites, swimming beaches, and boat launching ramps. (Current law prohibits fees for such sites and facilities.) Prohibits the Secretary from charging fees for use or provision of drinking water, wayside exhibits, general purpose roads, overlook sites, toilet facilities, or general visitor information. Amends the Land and Water Conservation Fund Act of 1965 to repeal the requirement that at lakes or reservoirs under jurisdiction of the Corps of Engineers where camping is permitted, at least one primitive campground be provided free of charge (thus permitting user fees for all such campsites and facilities). Title XLIV: Extend Authority to Collect Abandoned Mine Reclamation Fees - Amends the Surface Mining Control and Reclamation Act of 1977 to extend from 1995 to 1997 the authority of the Secretary of the Interior to collect abandoned mine reclamation fees. Title XLV: FCC User Fees - Federal Communications Commission User Fee Act of 1992 - Directs the Federal Communications Commission, in FY 1993 and thereafter, to collect user fees from users of Commission services to recover the total nonapplication processing operational costs of the Commission. Title XLVI: Limitation on Mandatory Spending - Amends the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) to set forth limitations on direct spending. Requires an offsetting sequestration whenever any increase in the annual amount of direct spending exceeds the amount resulting from the increase in beneficiary population, and changes in the consumer price index, plus 2.5 percent per year (1.6 percent after enactment of comprehensive health reform). Requires any amount required to be sequestered to be obtained from direct spending accounts. Requires the use of the special reconciliation process whenever an update report indicates that a sequester would be necessary. Title XLVII: Extension of Budget Enforcement Act and Application to Credit Programs - Amends the Congressional Budget Act to set forth the maximum deficit amounts for FY 1996 and 1997. Revises the discretionary spending limits for FY 1994 and 1995 and sets forth such amounts in the defense, international, and budget categories. Establishes such amounts for FY 1996 and 1997. Declares that such amounts reflect adjustments through the OMB FY 1993 sequestration preview report in the President's FY 1993 Budget. Sets forth aggregate credit limits for subsidy costs, direct loan obligations, and loan guarantee commitments for FY 1993 through FY 1997. Extends certain pay-as-you-go provisions through FY 1997. Amends the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) to extend enforcement authorities until 1997. Title XLVIII: Congressional Budget Reform Act of 1992 - Congressional Budget Reform Act of 1992 - Amends the Congressional Budget and Impoundment Control Act of 1974 to change concurrent budget resolutions into joint budget resolutions. Makes technical and conforming amendments to the Rules of the House of Representatives and the Deficit Control Act of 1985. Title XLIX: Legislative Line Item Veto Act of 1992 - Legislative Line Item Veto Act of 1992 - Amends the Impoundment Control Act of 1974 to grant the President line item veto rescission authority. Establishes congressional procedure for consideration of such rescissions.
United States · United States Congress · 5 February 1992
Title I: Accelerated Growth - Economic Growth Acceleration Act of 1992 - Subtitle A: Provisions Relating to Capital Gains - Amends the Internal Revenue Code to allow a capital gains deduction for noncorporate taxpayers for assets held from one to three years. Provides special rules for the gain or loss from the sale or exchange of collectibles and sales of interest in partnerships. Disallows such deduction in computing the alternative minimum tax. Revises the formula for determining gain from the dispositions of certain depreciable realty to take into account depreciation adjustments (adjustments allowed or allowable for exhaustion, wear and tear, obsolescence, or certain amortization). Subtitle B: Provisions Relating to Passive Losses and Depreciation - Treats the real estate development activity of a taxpayer as a single trade or business activity that is not a rental activity. Allows an additional depreciation allowance for the purchase of new equipment as investment property on or after February 1, 1992, which is placed in service before July 1, 1993. Reduces the basis of adjustment of such property by the amount of the additional allowance. Requires application of such allowance in determining the alternative minimum tax. Restricts the determination of adjusted current earnings for purposes of computing alternative minimum taxable income to property placed in service after 1989 and before February 1, 1992. Subtitle C: Provisions Relating to Real Estate Investments by Pension Funds - Modifies exceptions to the exclusion of real property acquired by a qualified organization from the meaning of acquisition indebtedness. Makes certain exceptions inapplicable to sales out of foreclosure by a financial institution. Applies the meaning of acquisition indebtedness investments in certain large partnerships where the principal purpose of partnership allocations is not tax avoidance. Repeals the special rule for publicly traded partnerships with respect to the treatment of unrelated business taxable income. Subtitle D: Provisions Affecting Homebuyers - Allows a first-time homebuyer who purchases a principal residence a tax credit of ten percent of the purchase price, not to exceed $5,000. Limits such credit to one residence and requires acquisition between February 1, 1992, and January 1, 1993. Allows penalty-free withdrawals from individual retirement plans for a first-home purchase. Limits such distribution to $10,000, or other applicable amount if previous distributions have been made.
United States · United States Congress · 4 February 1992
Rural Homelessness Assistance Act - Title I: Rural Homelessness Grant Program - Directs the Secretary of Health and Human Services to provide rural homelessness grants to eligible institutions for: (1) direct emergency assistance to homeless persons and families; (2) homelessness prevention; and (3) access to permanent housing and supportive services. Provides for: (1) small community set-asides; and (2) priority for communities without significant Federal assistance. Authorizes appropriations. Title II: Rural Housing Amendments - Amends the Housing Act of 1949 to direct the Secretary of Agriculture to lease or sell inventory properties for transitional and turnkey housing for the homeless and other inadequately housed families.
United States · United States Congress · 30 January 1992
Recognizes and commemorates the centennial of the National Conference of Commissioners on Uniform State Laws. Requests the President to issue a proclamation observing the centennial from January 1 through December 31, 1992.
United States · United States Congress · 23 January 1992
Congratulates the Governments and people of Croatia and Slovenia on the occasion of the recognition of their independence by 38 countries. Urges the President to immediately extend diplomatic recognition to, and establish mutually beneficial relations with, Croatia and Slovenia.
United States · United States Congress · 27 November 1991
1996 Atlanta Centennial Olympic Games Commemorative Coin Act - Provides for the minting and sale of commemorative gold and silver coins to support the 1996 Atlanta Centennial Olympic Games and the programs of the United States Olympic Committee.
United States · United States Congress · 26 November 1991
Repeals the Assault Weapon Manufacturing Strict Liability Act of 1990, signed by the Mayor of the District of Columbia. Restores or revives any provisions of law amended or repealed by it.
United States · United States Congress · 26 November 1991
Confers jurisdiction upon the U.S. Claims Court to hear and render judgment on land claims by the Pueblo of Isleta Indian Tribe of New Mexico against the United States. Authorizes such Court to award: (1) interest accrued from the date such lands were acquired by the United States; and (2) cost of suit and reasonable attorney's fees to any prevailing party, other than the United States. Sets forth provisions with respect to: (1) jurisdictional limitations; (2) exhaustion of administrative remedies (not required); and (3) standards for determining reasonable attorney's fees. Specifies that any award made to other Indian tribes with respect to lands subject to such claims shall not be considered a defense, estoppel, or set-off to such claim or otherwise affect relief stemming from such claim.
United States · United States Congress · 26 November 1991
Youth Apprenticeship Act of 1991 - Establishes an Institute for Youth Apprenticeship (the Institute) as an independent establishment to administer youth apprenticeship demonstration programs set up under this Act. Directs the Board Chairperson to establish guidelines, criteria, and procedures for youth apprenticeship demonstration programs, based on such report, including curriculum guidelines, criteria for demonstration program sites and for apprenticeship occupations, and competency criteria and certification procedures for apprentices and trainers. Directs the Institute Executive Director to enter into contracts with public and nonprofit private organizations to develop and evaluate youth apprenticeship demonstration programs. Requires each eligible entity entering into such a contract with the Board to establish partnerships among secondary and postsecondary schools and employers, labor organizations, and community and civic leaders to provide apprenticeship training to students. Requires at least one: (1) secondary school wage incentive demonstration program under which the Institute shall pay 50 percent of the apprenticeship wage; and (2) one secondary school disadvantaged youth demonstration program. Authorizes two postsecondary school demonstration programs (i.e. two contracts with partnerships for programs solely for postsecondary students). Makes such partnerships responsible for program and curriculum development, coordination and quality assurances, and assessment and evaluation of apprentices and training programs. Sets forth requirements for partnership training for various levels of secondary school students and for postsecondary students. Sets forth requirements for employers to pay: (1) 100 percent of the apprentice wage rate in secondary school programs (but 50 percent in the wage incentive program); (2) 100 percent of the apprentice wage rate and costs of continuing basic skills courses in postsecondary programs; and (3) costs of on-the-job training. States that employers shall not be required to hire apprentices upon completion of the apprenticeships. Directs the Institute to coordinate programs by: (1) providing technical assistance to partnerships; (2) operating an apprenticeship clearinghouse for the partnerships; (3) disseminating model programs and practices to the partnerships; (4) gathering input from all sources on proposals for the labor mobility of apprentices; (5) consult with the Office of Work-Based Learning of the Department of Labor and the Division of Vocational and Technical Education of the Department of Education; and (6) comply with specified evaluation and report requirements. Sets forth provisions relating to: (1) nondiscrimination; (2) notice, hearing, and grievance procedures; (3) nonduplication and nondisplacement; and (4) evaluation and reports. Authorizes appropriations. Abolishes the Board and Institute, terminates all programs established by this Act, and repeals this Act and the amendments it makes not later than 69 months after the initiation of the youth apprenticeship demonstration programs.
United States · United States Congress · 22 November 1991
Rio Grande Designation Act of 1991 - Amends the Wild and Scenic Rivers Act to designate a segment of the Rio Grande, New Mexico, as a component of the National Wild and Scenic Rivers System. Withdraws such lands from U.S. public land, mining, and mineral leasing laws.
United States · United States Congress · 19 November 1991
Consumer Confidence and Financial Flexibility Act of 1991 - Amends the Internal Revenue Code to allow penalty-free withdrawals from qualified retirement plans beginning on the date of the enactment of this Act and ending on December 31, 1992, to purchase or improve real property or to purchase durable goods. Restricts such withdrawals to individuals whose adjusted gross income for 1991 does not exceed: (1) $100,000 in the case of married individuals filing a joint return; (2) $50,000 in the case of a married individual filing a separate return; and (3) $75,000 in the case of any other taxpayer. Limits the aggregate amount which may be treated as qualified withdrawals with respect to all plans of an individual to $10,000. Requires the inclusion of withdrawn amounts in gross income ratably over a four-year period. Provides for one-year extensions of the following: (1) rules governing the allocation of research and experimental expenditures; (2) the low-income housing credit; (3) the authority to issue mortgage revenue bonds and mortgage credit certificates; and (4) the targeted jobs credit.
United States · United States Congress · 13 November 1991
Authorizes the U.S. Postal Service to issue and sell a postage stamp to honor the Women's Army Corps and to commemorate the date it officially became a part of the U.S. Army.
United States · United States Congress · 7 November 1991
Authorizes the Air Force Association to establish a commemorative work on Federal land in the District of Columbia and its environs to honor the men and women who have served in the U.S. Air Force.
United States · United States Congress · 7 November 1991
Health Equity and Access Improvement Act of 1991 - Title I: Tax Incentives for Health Care Access - Amends the Internal Revenue Code to provide a tax credit of up to $600 for an individual ($1,200 for a family) for qualified health expenses. Provides that in the case of a taxpayer whose adjusted gross income exceeds $10,000 ($20,000 for a family) the credit shall be reduced by an amount equal to ten percent of the excess. Permits a tax deduction, for both itemizers and nonitemizers, for the cost of health insurance premiums for which no other compensation is received. Provides an employer health insurance credit for small businesses equal to 25 percent of the qualified health care costs of the employer in the first year the employer offers health coverage to employees and which is then reduced five percentage points annually. Raises from 25 percent to 100 percent the deduction allowed to self-employed individuals for health insurance premiums and makes the deduction permanent. Provides a credit for a qualified primary health services provider who practices in a rural health professional shortage area. Sets forth a formula for determining such credit. Excludes from gross income any payment made on behalf of a taxpayer by the National Health Service Corps Loan Repayment Program. Permits a physician in a rural health professional shortage area to expense up to $25,000 worth of rural health care property. Provides that interest on student loan payments by medical professionals practicing in rural areas shall not be treated as personal interest and will therefore qualify as a tax deduction. Title II: Health Care Reform Provisions - Directs the Secretary of Health and Human Services (the Secretary) to request the National Association of Insurance Commissioners (NAIC) to develop a model health care insurance benefits plan that shall contain standards that entities offering health care insurance policies should meet with respect to the benefits and coverage provided under such policies and report on such standards to the Secretary. Requires the Secretary to develop such a plan if the NAIC fails to develop such a plan or if the NAIC plan does not meet specified requirements. Sets forth such requirements. Requires the Secretary, taking into account recommendations of the Managed Care Advisory Committee, to develop recommended standards that insurers offering managed care plans should meet with respect to the benefits, coverage, and delivery systems provided under such plans. Establishes the Managed Care Advisory Committee. Provides that, in the case of a managed care plan meeting recommended standards, specified provision of State law will be preempted and will not be enforced against the managed care plan with respect to an insurer offering such plan. Permits a qualified small employer purchasing group, upon application to and approval by the Secretary, to enter into contracts with carriers to provide health insurance coverage to eligible employees. Establishes standards which health care insurers must meet in a contract with a small business. Requires such insurers, among other things, to: (1) provide coverage and benefits consistent with the model health care insurance benefits plan; (2) meet specified registration and disclosure requirements; (3) not exclude from coverage any eligible employee; (4) not extend beyond six months any limitation on any preexisting condition and, with respect to such limitation, apply it only to preexisting conditions which manifested themselves or for which medical care was sought during the three months preceding coverage; (5) guarantee renewability of the contract at the employer's election, unless the contract is terminated for cause; and (6) establish premiums that meet specified standards. Title III: Medical Liability Reform - Sets forth provisions concerning settlement offers in medical malpractice cases. Establishes an Alternative Dispute Resolution Board of Advisers to make recommendations to the Secretary concerning the establishment of a model voluntary alternative dispute resolution program for medical malpractice cases. Sets caps on the payment of future losses, non-economic damages, and attorneys' fees. Prohibits joint liability in a civil action for non-economic damages. Establishes a statute of limitations for a medical malpractice civil action. Requires each State to: (1) allocate its medical licensing fees to the State agency responsible for licensing and disciplinary actions; (2) require that at least 25 percent of a disciplinary board's membership shall be from the general public; (3) have in effect a Statewide risk management program; and (4) establish a health care disciplinary trust fund consisting of all punitive damage awards resulting from medical malpractice and medical product civil actions. Protects a health care producer of a drug or device from punitive damages if the drug or device was subject to approval or premarket approval under the Federal Food, Drug, and Cosmetic Act. Amends the Public Health Service Act to direct the Secretary to make a grant to an entity representing recipients of assistance at migrant and community health centers to develop a business plan and establish a nationwide risk retention group as provided for in the Liability Risk Retention Act of 1986. Authorizes appropriations. Title IV: Public Health Provisions - Amends the Social Security Act to add a new title, Title XXI: BASICARE. Authorizes appropriations under title XXI for the purpose of providing basic health care benefits to low-income uninsured individuals who are not eligible for Medicaid (title XIX of the Social Security Act) coverage. Requires a State, in order to receive funding under title XXI, to submit and have approved by the Secretary a BasiCare assistance plan. Sets forth plan requirements. Requires, for BasiCare eligibility, that: (1) family income be below 200 percent of the poverty line; (2) an individual not be eligible for Medicaid; and (3) an individual not be otherwise covered under a health plan by the individual's employer. Permits the imposition of deductibles, copayments, and premiums if income is between 100 to 200 percent of the poverty line. Establishes the Federal Medical Waiver Demonstration Board to review applications submitted by States to conduct health care-related demonstration projects. Requires the Board to develop at least three different model health care delivery plans. Permits the Board, upon approval of a State's demonstration project, to waive the following provisions of Federal law: (1) the Public Health Service Act; (2) title XVIII (Medicare) of the Social Security Act; (3) titles XIX (Medicaid) and XXI (BASICARE) of the Social Security Act; (4) all health care programs administered by the Secretary of Veterans Affairs; and (5) the Employee Retirement Income Security Act of 1974. Title V: Medically Underserved Areas - Authorizes appropriations for the National Health Service Corps Scholarship Program and the National Health Service Corps Loan Repayment Program. Directs the Secretary to establish and administer a program to provide allotments to States to enable such States to provide grants for the creation or enhancement of community based primary health care entities that provide services to pregnant women and children up to age three. Requires grant recipients to substantially target populations of pregnant women and children who: (1) lack health care coverage or ability to pay for health care services; or (2) reside in medically underserved or health professional shortage areas. Directs the Secretary to award grants to federally qualified health centers (FQHCs) and other entities submitting applications for the purpose of providing access to services for medically underserved populations or in high impact areas not currently served by a FQHC. Limits the expenditure of funds awarded an FQHC to the provision of those services provided under the Medicaid program and any unreimbursed costs of providing services under the community based primary health care grant program. Authorizes appropriations. Authorizes the Secretary to award competitive grants to eligible entities to enable such entities to develop and implement a plan for mental health outreach programs in rural areas. Authorizes appropriations. Directs the Secretary, in awarding grants under the Public Health Service Act relating to the research, teaching, and training activities of health personnel educational entities, to give priority to those entities that have a high permanent rate for placing graduates in settings serving residents of medically underserved communities and that otherwise demonstrate a commitment to serving such communities. Directs the Secretary to award grants to health professions institutions to expand training programs that are targeted at those individuals desiring to practice in or serve the needs of medically underserved communities. Authorizes appropriations. Directs the Secretary to award grants to eligible regional consortia to enhance and expand coordination among various health professions programs, particularly in medically underserved rural areas. Authorizes appropriations. Authorizes the Secretary to award grants, under the area health education center provisions of the Act, to rural communities to enable such communities to provide stipends to physicians, nurses, or other health professional trainees to encourage such individuals to continue to provide health care services in such rural communities. Authorizes appropriations. Authorizes the Secretary to award competitive grants to eligible entities to enable such entities to facilitate the development of networks among rural and urban health care providers to preserve and share health care resources and enhance the quality and availability of health care in rural areas. Authorizes appropriations. Authorizes the Secretary to award competitive grants to eligible entities to enable such entities to develop and administer cooperatives in rural areas that will establish an effective case management and reimbursement system designed to support the economic viability of essential public or private health services, facilities, health care systems, and health care resources in such rural areas. Authorizes appropriations. Amends the: (1) Omnibus Budget Reconciliation Act of 1987 to authorize appropriations for the Rural Health Care Transition Grant Program; and (2) Medicare program to authorize appropriations for the Essential Access Community Hospital Program. Title VI: Incentives to Encourage Preventive Services - Provides a tax credit for qualified preventive services of up to $250. Includes on a list of preventive services: (1) cancer screening tests; (2) childhood immunizations; (3) mammograms; (4) pap tests for uterine cancer; and (5) other specified examinations and tests. Authorizes appropriations, under the Public Health Service Act, for grants for preventive health service programs for the provision, without charge, of immunizations.
United States · United States Congress · 7 November 1991
Directs the Secretary of Agriculture to report to appropriate congressional committees regarding Department of Agriculture lamb price and supply reporting services, including recommendations for an information gathering system reflective of the lamb industry's market structure.
United States · United States Congress · 4 November 1991
Primary Health Care Investment Act of 1991 - Amends the Public Health Service Act to authorize appropriations to carry out specified provisions relating to community health centers and the National Health Service Corps scholarships, and loan repayment programs. Amends provisions of title XVIII (Medicare) of the Social Security Act relating to payment to hospitals for inpatient services to modify requirements regarding the determination of approved FTE (Full-Time Equivalent) resident amounts.
United States · United States Congress · 30 October 1991
Government Sponsored Enterprise Regulator Act of 1991 - Establishes in the Department of the Treasury the Office of Government Sponsored Enterprise Regulation to oversee the operations (with particular attention to capital standards, stress tests, and private credit rating agency evaluations) of the Farm Credit System, the Federal Home Loan Bank System, the Federal Home Loan Mortgage Corporation, the Federal National Mortgage Association, and the Student Loan Marketing Association. Establishes in the Department of the Treasury a related Office of GSE Regulation Fund.
United States · United States Congress · 28 October 1991
Declares that it is the sense of the Senate that the Senate: (1) does not tolerate or condone sexual harassment in government, private sector, or congressional workplaces; and (2) should consider changes to U.S. laws and Senate rules to prevent sexual harassment.
United States · United States Congress · 25 October 1991
Amends the Federal Aviation Act of 1958 to require the Administrator of the Federal Aviation Administration to issue regulations requiring the use of child safety restraint systems on commercial aircraft. Expresses the sense of the Congress that the United States representative to the International Civil Aviation Organization should seek an international standard to require that airline passengers be restrained on takeoff and landing and when directed by the captain of such aircraft.
United States · United States Congress · 8 October 1991
Amends the Trade Act of 1974 to require the United States Trade Representative to include in the National Trade Estimate information with respect to the Arab boycott of U.S. persons who do business with or invest in Israel, or who do business with a person who does business with or invests there.
United States · United States Congress · 8 October 1991
White House Commemorative Coin Act of 1991 - Directs the Secretary of the Treasury to: (1) issue up to 500,000 silver one-dollar coins to commemorate the 200th anniversary of the laying of the cornerstone of the White House; and (2) obtain silver for such coins from stockpiles established under the Strategic and Critical Mineral Stock Piling Act. Specifies that: (1) all amounts received from the sale of coins issued under this Act shall be deposited in the coinage profit fund; and (2) the Secretary shall pay amounts from a ten-dollar surcharge per coin into the White House Endowment Fund. Directs the Secretary to take such actions as necessary to ensure that the minting and issuance of such coins do not result in any net cost to the Government. Bars the issuance of such coins unless the Secretary has received full payment or adequate security for payment. Authorizes appropriations.
United States · United States Congress · 1 October 1991
Deficit-Neutral Unemployment Compensation Act of 1991 - Title I: Emergency Unemployment Compensation Program - Establishes an emergency unemployment compensation program. Allows any State to enter into and participate in an agreement with the Secretary of Labor (the Secretary) under which the State agency which administers the State unemployment compensation law will make payments of emergency unemployment compensation: (1) to individuals who have exhausted all rights to regular compensation under State law, have no rights to such regular compensation or any additional State or Federal compensation, and are not receiving Canadian compensation; and (2) for any week of unemployment beginning in the individual's eligibility period. Sets forth provisions relating to exhaustion of regular benefits and weekly amount of emergency benefits equal to regular benefits. Requires a State, under such an agreement, to establish an emergency unemployment compensation account with respect to the benefit year of each eligible individual who files an application. Limits benefit payments to not more than the amount in the individual's account. Sets forth formulas for determining the amount in such account. Provides that the applicable limit in such account shall be equal to: (1) ten weeks during a five-percent period (triggered if the adjusted rate of insured unemployment for such week and the immediately preceding 12 weeks is at least five percent); and (2) six weeks for any other period. Sets forth special rules relating to such applicable limits. Requires reduction in such account by the amount of extended benefits received by the individual relating to the same benefit year under the Federal-State Extended Unemployment Compensation Act of 1970. Sets the weekly benefit amount at the amount of regular compensation (including dependents' allowances) payable under the State law to the individual for such week for total unemployment. Provides for determination of periods and applicable triggers. Provides for a minimum period. Provides, in general, that no emergency unemployment compensation shall be payable to any individual under this Act for any week beginning: (1) before the later of October 1, 1991, or the first week following the week in which an agreement under this Act is entered into; or (2) after June 30, 1992. Sets forth transition and reachback provisions for the eligibility of certain individuals for such benefits, as exceptions to such general rule. Provides for payments to States having such agreements for emergency unemployment compensation. Sets forth financing provisions. Requires that funds in the extended unemployment compensation account of the Unemployment Trust Fund be used to make payments to States having agreements under this Act. Authorizes appropriations to the extended unemployment compensation account of sums necessary to pay emergency unemployment compensation payable: (1) under specified provisions for former members of the armed forces; and (2) on the basis of certain services performed for nonprofit organizations or governmental entities, to which certain Internal Revenue Code provisions relating to State unemployment compensation law apply. Sets forth provisions relating to fraud and overpayments. Defines the individual eligibility period under this Act. Amends specified Federal law to repeal certain limitations on payment of unemployment compensation to former members of the armed forces. Reduces the length of required active duty by reserves for purposes for such payment, if the reservist served on active duty in the Persian Gulf area of operations in connection with Operation Desert Storm. Title II: Collection of Nontax Debts - Amends the Deficit Reduction Act of 1984 to provide for permanent extension of provisions relating to collection of nontax debts owed to Federal agencies. Title III: Guaranteed Student Loans - Amends title IV (Student Assistance) of the Higher Education Act of 1965 (HEA) to revise provisions relating to the Stafford student loan program (including guaranteed student loans and federally-insured student loans). Requires, in the case of such student loan applicants over age 21, that the lender: (1) obtain a credit report; and (2) require a cosigner for such applicants who have adverse credit histories. Allows the lender to charge such applicants for the actual cost of such credit reports, up to $25. Requires the lender to obtain the borrower's driver's license number, if any, at the time of application for such a student loan. Directs eligible institutions to require borrowers of any student loan under HEA to supply the following exit interview information: (1) their expected permanent address after leaving the institution; (2) the name and address of their expected employer; and (3) the name and address of their next of kin. Requires student loan interest-subsidy insurance program agreements to require the lender to obtain the borrower's authorization for entry of judgment against the borrower in the event of default. Provides for wage garnishment for student loan collection. Authorizes a guaranty agency, or the Secretary where appropriate, to garnish the disposable pay of an individual to collect the amount owed or the required repayment, subject to certain conditions. Provides for data matching. Authorizes the Secretary of Education to obtain from Federal agencies specified information relating to an individual for student loan collection purposes. Title IV: Electromagnetic Spectrum Function - Emerging Telecommunications Technologies Act of 1991 - Requires the Secretary of Commerce and the Chairman of the Federal Communications Commission (FCC) to conduct biannual joint electromagnetic spectrum planning meetings with respect to: (1) future spectrum needs and the allocation actions to accommodate those needs; and (2) actions to promote the efficient use of the spectrum. Requires an open process and joint annual reports to the President. Directs the Secretary to submit reports to the President that identify frequency bands that: (1) are allocated on a primary basis for Government use and eligible for licensing pursuant to the Communications Act of 1934 (the Act); (2) are not required for the present or identifiable future Government needs; (3) can be made available for use under the Act for non-Government users; (4) are likely to have significant value for such users; and (5) will not result in excessive costs to the Government. Sets forth criteria for identifying, and recommending for reassignment or sharing, such frequency bands. Requires such reports to make an initial identification of 50MHz of spectrum for immediate reallocation and distribution by the FCC pursuant to competitive bidding procedures, and preliminary and final identifications of additional reallocable frequency bands. Directs the Secretary to convene a private sector advisory committee to: (1) review frequency bands identified in the preliminary report; (2) advise the Secretary with respect to those bands which should be included in the final report; (3) receive public comment on the reports; and (4) prepare and submit to the Secretary and specified congressional committees a report on recommendations for the reform of allocating the spectrum between Government and non-Government users. Directs the President to: (1) withdraw or limit the assignment to a Government station of any frequency recommended in the initial identification report for reallocation; (2) withdraw or limit the assignment to a Government station of any frequency recommended in the final report for reallocation or mixed use; (3) assign or reassign other frequencies to Government stations as necessary to adjust to such withdrawal or limitation of assignments; and (4) publish in the Federal Register a notice and description of such actions taken. Authorizes the President to substitute alternative frequencies in the interests of national security, important Government needs, public health or safety, or Federal financial considerations. Provides that any Government licensee, or non-Government entity operating on behalf of a Government licensee, that is displaced from a frequency pursuant to this Act may be reimbursed not more than the incremental costs it incurs, in such amounts as provided in advance in appropriation Acts, that are directly attributable to the loss of the use of the frequency pursuant to this Act. Authorizes appropriations to affected licensee agencies to cover such costs. Directs the FCC to form a plan to assign the spectrum identified in the initial report pursuant to competitive bidding procedures during FY 1994 through 1996. Directs the FCC to submit to the President a plan for the distribution of the remaining reallocated frequency bands. Authorizes the President to reclaim reallocated frequencies for reassignment to Government stations. Sets forth procedures for reclaiming frequencies. Amends the Act to require the FCC to use competitive bidding for awarding all initial licenses and new construction permits, subject to specified exclusions. Outlines criteria for awarding licenses and permits under competitive bidding procedures. Prohibits licensing by lottery when competitive bidding is required. Title V: Dislocated Workers - Directs the Secretary of Labor to establish for eligible dislocated workers: (1) a program of readjustment allowances; (2) a program for job training and related services substantially similar to the program under specified provisions of the Job Training Partnership Act (JTPA); and (3) a program for job search and relocation allowances substantially similar to the program under specified JTPA provisions. Authorizes appropriations to the Department of Labor to carry out such programs, for each of FY 1993 through 1995, in an amount equal to the revenues raised in such fiscal year by the provisions of and amendments made by titles II, III, and IV of this Act which are in excess of the expenditures made in such fiscal year under title I of this Act. Directs the Secretary of Labor to give special consideration to providing services to dislocated workers in the timber industry in the State of Washington, in determining specified programs and activities to be funded under JTPA in FY 1991 and 1992. Directs the Secretary of Labor to submit a comprehensive report to the Congress on the feasibility and utility of using a total unemployment rate versus an insured unemployment rate, adjusted to include those claimants who have exhausted their benefits, for purposes of triggering extended benefits and, if appropriate, revising the foregoing measures of unemployment to include seasonal adjustments. Title VI: Deficit Reduction Requirement - Sets forth the congressional funding that provisions contained in titles I through V of this Act would lead to a reduction in the deficit. Declares that the Congress designates all direct spending amounts (both increases and decreases) provided by such titles (for all fiscal years) as emergency requirements under specified provisions of the Balance Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act). Requires, as a condition for any provisions of this Act to take effect, that the President: (1) make a determination and notify the Congress that this Act would reduce the deficit cumulatively for FY 1991 through 1996; and (2) submits a written designation of all direct spending amounts (both increases and decreases provided by titles I through V of this Act (for all fiscal years)) as emergency requirements under such specified provisions of the Balanced Budget and Emergency Deficit Control Act of 1985.
United States · United States Congress · 1 October 1991
Semiconductor Investment Act of 1991 - Amends the Internal Revenue Code to classify the depreciable life for semiconductor manufacturing equipment as three-year property.
![Official portrait of Sen. Domenici, Pete V. [R-NM]](https://www.congress.gov/img/member/d000407_200.jpg)