United States · United States Congress · 8 October 1992
Lake Tahoe Water Quality Protection Act of 1992 - Amends the Federal Water Pollution Control Act to direct the Administrator of the Environmental Protection Agency to: (1) establish a continuing comprehensive water quality assessment and management program for Lake Tahoe (California and Nevada); and (2) enter into an agreement with, and award a grant to, the Tahoe Regional Planning Agency to carry out such program. Requires the Administrator, as part of the program, to establish an ongoing research program for Lake Tahoe and the associated basin by entering into an agreement with, and awarding a grant to, Sierra Nevada College in Incline Village, Nevada. Requires the research program to provide for water quality monitoring and assessment. Directs the Administrator, with the approval of the Governors of California and Nevada, to award water pollution control and prevention grants to political subdivisions located within the Lake Tahoe basin. Authorizes grants for the planning and construction of treatment works and facilities to control or prevent pollution from stormwater and other nonpoint source discharges to Lake Tahoe. Requires grant recipients to pay 25 percent of the costs of such projects. Authorizes appropriations.
United States · United States Congress · 7 October 1992
Central Valley Project Fish and Wildlife Act of 1992 - Prohibits the Secretary of the Interior from entering into any new short-term, temporary, or long-term contracts or agreements for water supply from the Central Valley Project (CVP), California (a Bureau of Reclamation facility) for any purpose other than fish and wildlife before certain requirements have been met. Provides an exception to such prohibition for certain contracts. Requires the Secretary to renew any existing long-term repayment or water service contract for the delivery of CVP water for a period of 25 years, with additional 25-year renewals, subject to reclamation law pricing requirements. Authorizes the Secretary to enter into contracts with: (1) the Tuolumne Regional Water District for delivery of water from the New Melones project to the county's water distribution system; (2) the Secretary of Veterans Affairs for the delivery in perpetuity of water to meet the needs of the San Joaquin Valley National Cemetery; and (3) the Watsonville subarea of the San Felipe Division of the CVP upon completion of a specified plan of study. Requires all CVP repayment contracts providing for water service and water service contracts for agricultural, municipal, or industrial purposes that are renewed after this Act's enactment date to make water available to contracting entities pursuant to a system of tiered water pricing. Sets forth requirements for such system. Directs the Secretary to develop, select, and implement specified actions with respect to fish and wildlife habitat issues in the California Central Valley. Includes among initial actions that the Secretary shall take by specified dates: (1) negotiation and execution of agreements with the California Department of Fish and Game (CDFG) to mitigate the direct fishery losses associated with the operation of the Tracy Pumping Plant and the Contra Costa Canal Pumping Plant numbered one and to eliminate, to the extent practicable, losses of salmon and steelhead trout due to flow fluctuations caused by the operation of Keswick, Nimbus, and Lewiston Regulating Dams; (2) installation and operation of a structural temperature control device at Shasta Dam and development and implementation of modifications in CVP operations to allow for control of water temperatures in the upper Sacramento River sufficient to protect salmon; (3) rehabilitation and expansion of the Coleman National Fish Hatchery; (4) development and implementation of a gravel replenishment program to restore and replenish spawning gravel lost due to the construction and operation of Shasta, Folsom, and New Melones Dams, bank protection programs, and other actions that have reduced availability of spawning gravel in the upper Sacramento River and the American and Stanislaus Rivers; and (5) development and implementation of a Delta Cross Channel monitoring and operational program to protect striped bass eggs and larvae as they approach the Delta Cross Channel gates. Directs the Secretary to establish an assessment program to monitor fish and wildlife resources in the Central Valley and to assess the biological results of restoration and enhancement actions. Requires the Secretary to develop, evaluate, select, and implement, by specified dates, actions that address specified fish and wildlife protection, restoration, and enhancement issues, including: (1) developing and implementing programs to eliminate the need to reduce Keswick Dam releases every Spring to place the Anderson-Cottonwood Irrigation District's Diversion Dam into operation and every Fall to take the Dam out of operation to minimize fish passage problems for salmon at the CVP Red Bluff Diversion Dam and to augment natural production of salmon and steelhead trout population levels in the San Joaquin River system in above-normal water years through means of artificial production; (2) constructing and operating a new satellite hatchery to augment the single and dual purpose channels at the Tehama Colusa Fish Facility and to further mitigate the impact of Shasta Dam on fishery resources; (3) constructing a salmon and steelhead trout hatchery on the Yuba River; (4) negotiating and executing an agreement with the CDFG that requires the release of the minimum flows necessary to take full advantage of the spawning, incubation, rearing, and outmigration potential of the Upper Sacramento River and the Lower American River for salmon, subject to the physical capabilities of the CVP facilities involved; (5) providing flows to allow sufficient spawning, incubation, rearing, and outmigration conditions for salmon and steelhead trout from Whiskeytown Dam and a new fish ladder constructed at the McCormick-Saeltzer Dam; (6) evaluating and implementing a program to correct a defective fish screen at the Glenn-Colusa Irrigation District's Sacramento River diversion; (7) assisting in the funding of enforcement measures to reduce the numbers of striped bass illegally taken from the San Francisco Bay Estuary and Sacramento-San Joaquin Delta; (8) participating in a program to mitigate for fishery impacts associated with operations of the Glenn-Colusa Irrigation District's Hamilton City Pumping Plant; (9) providing such assistance as may be requested by the State of California to develop and implement fishing regulations that protect the older, more productive striped bass females in order to maintain a viable reproducing striped bass population; and (10) developing and implementing measures that will provide additional dependable water supplies of suitable quality. Directs: (1) the Administrator of the Environmental Protection Agency to expedite, and complete by December 31, 1995, efforts to clean up mines causing intermittent releases of lethal concentrations of dissolved metals from the Spring Creek Debris Dam; and (2) the Secretary, in the interim, to provide water from the Keswick Dam sufficient to dilute the Spring Creek Debris Dam discharges to concentration levels that allow survival of fish life below Keswick Dam, except when the U.S. Corps of Engineers flood control criteria for Shasta Dam limits that capability. Authorizes the Secretary to construct, in partnership with the State of California, a barrier at the head of Old River in the Sacramento-San Joaquin Delta by December 31, 1995, to partially mitigate the impact of the CVP and State Water project pumping plants in the south Sacramento-San Joaquin Delta on the survival of young outmigrating salmon that are diverted from the San Joaquin River to the pumps. Directs the Secretary to: (1) participate in the San Joaquin River Management Program; and (2) evaluate in-basin needs in the Stanislaus River basin and investigate alternative storage, release, and delivery regimes for satisfying both in- and out-of-basin needs. Authorizes and directs the Secretary to provide firm water supplies to improve wetland habitat areas on National Wildlife Refuge System units in the Central Valley of California; the Gray Lodge, Los Banos, Volta, North Grasslands, and Mendota State wildlife management areas; and the Grasslands Resources Conservation District, subject to certain requirements. Directs the Secretary to: (1) identify additional actions that would provide mitigation of CVP impacts on, protect, and restore Central Valley fish and wildlife habitat; (2) develop the information needed to evaluate such actions technically, determine the economic and biological feasibility using specified criteria, determine appropriate cost allocations specific to each action, and select actions to recommend to the Congress for authorization to implement; and (3) report to the Congress according to a specified schedule until the year 2010. Sets forth fish and wildlife habitat issues to be evaluated by the Secretary, including: (1) determination of the flows and habitat restoration measures needed to protect, restore, and enhance salmon and steelhead trout in parts of the San Joaquin River; (2) investigation of actions allowing closure or screening of the Delta Cross Channel and Georgiana Slough to prevent the diversion of out-migrating salmon and steelhead trout through those facilities; (3) as a means of increasing survival of migrating young fish, investigation of the feasibility of using short pulses of increased water flows to move salmon, steelhead trout, and striped bass into and through the Sacramento-San Joaquin Delta; (4) investigation of ways to maintain suitable temperatures for young salmon survival in the lower Sacramento River and in the Sacramento-San Joaquin Delta by controlling or relocating the discharge of irrigation return flows and sewage effluent; (5) investigation of the need for additional hatchery production to mitigate the impacts of water development on Central Valley fisheries where no other feasible means of mitigation is available or where hatchery production would enhance efforts to increase natural production of a particular species; (6) investigation of measures available to correct flow pattern problems in the Sacramento-San Joaquin Delta created by the operation of the CVP and the California State Water Project; (7) evaluation of measures to avoid unqualified losses of juvenile anadromous fish due to unscreened or inadequately screened diversions on the Sacramento and San Joaquin Rivers, their tributaries, and in the Sacramento-San Joaquin Delta; and (8) elimination of barriers to upstream migration of salmon and steelhead trout adults to spawning areas downstream of existing storage facilities in the Central Valley caused by agricultural diversions and other obstructions. Directs the Secretary to consider specified criteria and factors and issue findings thereon when determining which alternate programs, policies, or procedures should be implemented to protect and restore fish and wildlife conditions. Sets forth provisions with respect to: (1) cost allocations; (2) additional authorities; and (3) funding to carry out the purposes and provisions of this Act. Establishes the Central Valley Project Restoration Fund and authorizes appropriations from the Fund to carry out this Act. Directs the Secretary to collect an annual fee from CVP beneficiaries to recover costs of fish, wildlife, and habitat restoration programs. Authorizes the Secretary, subject to specified limitations, to approve all transfer agreements: (1) among CVP contractors and between CVP contractors and noncontractors involving CVP water within the authorized CVP service area; (2) between CVP contractors and parties outside the CVP service area upon the determination that as a result of the proposed transaction over the term of the agreement there is no net export of water out of the CVP service area of the transferor; and (3) between CVP water contractors and parties outside the CVP service area where the Secretary determines that as a result of the proposed transaction over the term of the agreement there will be a net export of water out of the service area of the transferor, provided that the water being transferred would not otherwise be available to other consumptive beneficial uses absent implementation of the program and that, over the term of the agreement in question, the transfer will have no significant, long-term adverse impact on groundwater conditions in the transferor's service area. Sets forth provisions with respect to transfers of water developed through temporary or permanent land fallowing. Specifies that: (1) all existing and future contracts for CVP water shall be deemed to allow for the transfers and exchanges provided for within this Act; and (2) specified agreements entered into under this Act shall provide that, during the years of actual transfer, CVP water subject to transfer shall be repaid at full cost. Requires all existing CVP agricultural contractors, within two years after the enactment of this Act, to submit a report to the Secretary which identifies water conservation practices and analyzes the cost and benefits to that entity and its customers of implementing each of such practices and any additional practices the Secretary determines should be analyzed. Requires all CVP agricultural contractors to develop a plan for implementation of such practices determined by the entity within the required water conservation report to be financially and otherwise feasible for the specific entity. Requires the entity to complete the plan for implementation within one year after completion of such report. Specifies that financially feasible conservation practices that will cause environmental harm or that are inconsistent with other legal requirements shall not be required to be implemented. Establishes a Water Conservation Incentive Program which shall be administered by the Secretary to encourage and assist with the on-farm implementation of the water conservation practices set forth in this Act. Directs the Secretary to require all CVP municipal and industrial water users, to the extent they provide retail, municipal, and industrial water service, to comply with the provisions of a specified memorandum regarding urban water conservation in California. Requires the Secretary to evaluate the benefits and cost analysis for each of the water conservation practices found by the specific water user preparing the required reports not to be feasible and to determine: (1) which practices would make additional water available to Central Valley streams or to a usable ground water basin that would not otherwise be available; and (2) for each of specified practices, the benefit/cost ratio of implementation if that water were used to fulfill wildlife refuge water supply obligations or made available to other water agencies through the transfer provisions established by this Act. Authorizes the Secretary to implement those water conservation practices identified which conserve water, are economically feasible, and are prudent, with the entity holding the contractual right to the water conserved and then make that water available for use by Central Valley refuges as required by provisions of this Act, subject to specified requirements. Directs the Secretary to negotiate for, and report to the Congress on, the transfer of the CVP to the State of California. Requires the Secretary to credit any expenditures by the State in this Act for fish and wildlife mitigation, protection, and restoration to the purchase price negotiated for the sale of the CVP.
United States · United States Congress · 5 October 1992
Civilian Ex-Prisoner of War Health and Disability Benefits Act of 1992 - Entitles a former civilian prisoner of war (POW) to receive necessary medical care and disability benefits for any injury or disability resulting from the period of internment or hiding. Requires any presumptive medical and dental condition related to a period of internment provided for former military POWs to be extended to former civilian POWs and requires that it be considered to have been incurred in or aggravated by the period of internment or hiding regardless of the absence of any record of the injury. Establishes an advisory committee to be known as the Former Civilian Prisoner of War Committee.
United States · United States Congress · 2 October 1992
Homeless Children's Assistance Act of 1992 - Amends the National School Lunch Act (NSLA) to specify that certain limitations on number of food service sites and number of children served at each site apply only to private nonprofit organizations, under provisions for demonstration projects to provide food service to homeless children under age six in emergency shelters. Amends the Child Nutrition Act of 1966 to revise provisions for allocation of funds for grants to public entities and private nonprofit organizations participating under such projects for homeless children's food services under NSLA, as well as provisions for allocation of certain returned funds.
United States · United States Congress · 29 September 1992
Amends the Endangered Species Act to authorize the Secretary of the Interior (Secretary) to enter into agreements with States, local governments, or groups of States or local governments to provide interest free loans for the acquisition of habitats for rare or endangered species. Authorizes the Secretary to consider the number of species involved when making a habitat agreement determination. Grants the Department of the Interior the right to assume habitat ownership.
United States · United States Congress · 23 September 1992
Family Leave Tax Credit Act of 1992 - Amends the Internal Revenue Code to allow an employer an income tax credit for 20 percent of qualified employee compensation with respect to an employee who is on family leave. Defines family leave as leave in connection with the birth of a child, the placement of a child with the employee for adoption or foster care, the care of a child, spouse, or parent with a serious health condition, or the treatment of a serious health condition which makes the employee unable to perform the functions of his or her position. Limits such credit to employers with 500 or fewer employees, the amount of qualified compensation, and the maximum period for the use of such leave.
United States · United States Congress · 23 September 1992
Criminal Aliens Impact and Removal Act of 1992 - Title I: Deportation - Directs the Attorney General to transfer specified funds to meet deportation case backlogs. Authorizes the Attorney General to implement a nationwide criminal alien tracking system. Provides grants for State and local participation. Authorizes appropriations. Authorizes the Secretary of State together with the Attorney General to enter into an agreement with any foreign country for the incarceration in such country of an individual who is: (1) a national of that country; and (2) subject to U.S. deportation based upon a criminal conviction. Gives priority to countries with greater numbers of such aliens. States that any such agreement shall not preclude U.S. financial contributions for incarceration costs. Authorizes appropriations. Amends the Immigration and Nationality Act, with regard to an alien convicted of an aggravated felony, to prohibit: (1) suspension of deportation and adjustment of status; (2) admission for an otherwise excludable charge of marijuana possession; (3) adjustment of status for a person inspected and admitted into the United States; and (4) registration for lawful entry. Directs the Attorney General to submit the report on the Five State Criminal Alien model to the appropriate congressional committees within six months of enactment of this Act. Directs the Secretary of State and the Attorney General to report to the appropriate congressional committees regarding the Prisoner Transfer Treaty with Mexico. Title II: Enforcement - Provides for the forfeiture of an alien's property for: (1) failure to submit to deportation; and (2) smuggling or document falsification. Directs the Attorney General to transfer the liquidated assets of such property to the Criminal Alien Identification, Incarceration, and Removal Fund (established by this Act). Amends the Immigration and Nationality Act to authorize the registration of aliens on criminal (felony) probation or parole. Subjects an alien to a civil fine and deportation for failure to supply the required information. Subjects to a civil fine: (1) a person 18 years or older who induces an alien to commit an aggravated felony; (2) an alien who commits such a crime; and (3) a person who unlawfully transports an alien. Establishes in the Treasury the Criminal Alien Identification, Incarceration, and Removal Fund. Title III: Border Enforcement - Authorizes appropriations for increased personnel levels for: (1) the Border Patrol, including a specified assignment of agents for the San Diego Sector; and (2) the Immigration and Naturalization Service antismuggling program. Authorizes additional appropriations for Border Patrol: (1) equipment maintenance; and (2) equipment, training, vehicles, and support services. Amends the Immigration and Nationality Act to provide Border Patrol personnel training with respect to the rights and varied cultural backgrounds of aliens and citizens. Authorizes appropriations. Expresses the sense of the Congress that the Attorney General should initiate discussions with Mexico and Canada with regard to the smuggling of aliens into the United States. Amends Federal law to authorize the use of the Federal Asset Forfeiture Fund for Border Patrol personnel costs. Title IV: State and Local Government Relief - Directs the Attorney General to take custody of excludable and deportable aliens convicted by State or municipal courts and incarcerate them in Federal prisons, unless an agreement exists for State or local compensation. Directs the Secretary of Defense to transfer three closed military installations to the Department of Justice for alien incarceration. Authorizes the Commissioner of the Immigration and Naturalization Service to designate at least three States and ten local jurisdictions as High Intensity Criminal Alien Population Areas. Authorizes appropriations.
United States · United States Congress · 18 September 1992
Amends the Internal Revenue Code to allow as an income tax credit for a custodial parent the amount of any child support payments that remain unpaid to such parent as of the close of the taxable year. Increases the tax liability of individuals failing to make child support payments by 125 percent of any taxable unpaid child support payments of a taxpayer. Reduces the tax liability of such individuals if payments are subsequently made.
United States · United States Congress · 17 September 1992
Requires the Secretary of Health and Human Services to issue regulations with respect to the revisions made by this Act to make more stringent the criteria for the selection of representative payees and the procedures for monitoring the performance of representative payees under titles II (Old Age, Survivors and Disability Insurance) (OASDI) and XVI (Supplementary Security Income) (SSI) of the Social Security Act. Includes among such revisions the disqualification of convicted felons as representative payees and the requirement that certain representative payees be legally bonded. Requires quarterly (currently annual) reports on use of payments by representative payees. Allows creditors which are licensed facilities for treating drug or alcohol abuse to be representative payees. Provides for penalties for the misuse of OASDI or SSI benefit payments by representative payees.
United States · United States Congress · 17 September 1992
Authorizes the President, on behalf of the Congress, to present a gold medal to John Birks "Dizzy" Gillespie in recognition of his accomplishments as a musician. Authorizes appropriations. Authorizes the Secretary of the Treasury to provide for the sale of bronze duplicates of the medal.
United States · United States Congress · 17 September 1992
Amends the Social Security Act to: (1) add a new title XXI, State Welfare Reform Demonstration Projects; and (2) establish the Welfare Reform Commission. Requires the Commission to: (1) award grants to enable States to establish demonstration projects to reduce welfare dependency in the State; and (2) report annually to the President and the Congress on any welfare reforms resulting from such grants. Specifies grant application requirements. Authorizes appropriations.
United States · United States Congress · 12 August 1992
World War II 50th Anniversary Commemorative Coins Act - Expresses the sense of the Congress that the United States should recognize the 50th anniversary of World War II by minting and issuing commemorative coins for the anniversaries of: (1) World War II; (2) the Battle of Normandy; and (3) "D-Day." Directs the Secretary of the Treasury to: (1) issue and mint such coins in five-dollar gold, one-dollar silver, and half-dollar clad denominations; and (2) determine the role that the American Battle Monuments Commission and the Battle of Normandy Foundation shall have in coin promotion and marketing. Mandates that surcharges received from the sale of such coins be deposited in a coinage profit fund and allocated, upon separate congressional authorization, to the American Battle Monuments Commission to establish a World War II memorial and to the Battle of Normandy Foundation to dedicate, on the 50th anniversary of D-Day and Battle of Normandy Memorial in Normandy, France. Directs the Secretary to report semiannually to the Congress regarding implementation of this Act.
United States · United States Congress · 12 August 1992
Port of Entry Inspections Improvement Act of 1992- Amends the Immigration and Nationality Act to create grounds for exclusion of an alien who: (1) uses or attempts to use a fraudulent document to enter the United States, or to board a common carrier for such purpose; or (2) uses a document to board a common carrier and then fails to present such document to an immigration official upon arrival at a U.S. port of entry. Prohibits the granting of asylum to an alien who is found to be using fraudulent entry documents or who fails to present entry-related documents, unless a specially trained immigration officer determines such actions were pursuant to departure from a country in which: (1) the alien had a credible fear of persecution; or (2) there was a significant danger that the alien would be returned to a country in which he or she would have a credible fear of persecution. Provides for port of entry exclusion and deportation without administrative or judicial appeal (except by a limited petition of habeas corpus) for such admission document fraud. Increases penalties for certain alien smuggling offenses. Creates a separate offense and penalty for an alien smuggler who seriously injures or jeopardizes the life of an alien.
United States · United States Congress · 12 August 1992
Agriculture, Nutrition, and Forestry Fair Share Act of 1992 - Amends Federal law to base Federal funding for agricultural experiment stations on the latest Department of Commerce population figures rather than on decennial census figures. Makes similar changes to: (1) the Smith-Lever Act with respect to the Federal Extension Service; and (2) the National Agricultural Research, Extension, and Teaching Policy Act of 1977 with respect to agricultural research at 1890 land grant colleges (including Tuskegee Institute), and the nutrition education program.
United States · United States Congress · 12 August 1992
Census Data Fair Share Act of 1992 - Requires the Secretary of Commerce to annually produce and publish current data or estimates on below poverty, urban, rural, and farm populations, for each State, urban area, and rural area for which data is compiled in the most recent decennial census of population. Authorizes such data or estimates to be produced by means of sampling or other methods which the Secretary determines will produce current, comprehensive, and reliable data or estimates.
United States · United States Congress · 12 August 1992
Directs that, in the administration of any benefits program established by or under Federal law which requires the use of data obtained in the most recent decennial census, the 1990 adjusted census data be considered the official data for such census.
United States · United States Congress · 12 August 1992
Airport Improvements Fair Share Act of 1992 - Amends the Airport and Airway Improvement Act of 1982 to provide for the use of the latest available estimates prepared by the Department of Commerce (currently, the latest decennial census of the United States) for the calculation of the apportionment of State airport development and airport planning funds.
United States · United States Congress · 12 August 1992
Energy Extension Fair Share Act of 1992 - Amends the National Energy Extension Service Act to provide for the use of population figures provided by the latest available estimates prepared by the Department of Commerce (currently, provided by the most recent decennial census) for the calculation of the apportionment of State energy extension service funds.
United States · United States Congress · 12 August 1992
Fair Share Act of 1992 - Requires the use of the most recent annual population data when determining the amount of benefit under Federal programs for a State, county, or local unit of government.
United States · United States Congress · 12 August 1992
Urban Mass Transportation Fair Share Act of 1992 - Amends the Urban Mass Transportation Act of 1964 to base the apportionment of Federal transportation funds for certain urban and nonurban mass transportation programs on census estimates prepared by the Department of Commerce. (Currently, the apportionment is based only on the latest available Federal census.)
United States · United States Congress · 12 August 1992
Environment and Public Works Fair Share Act of 1992 - Amends the Federal Aid to Wildlife Restoration Act to require the Federal formula used to allocate funds to States under such Act to use the population figures from the latest available estimates prepared by the Department of Commerce for each State (currently, from the latest decennial census). Requires the Federal formula used for grants to States for interstate highway systems, Federal-aid urban highways, and highway safety programs to include the population figures from the latest available estimates prepared by the Department of Commerce (currently, from the latest decennial census).
United States · United States Congress · 7 August 1992
Criminal Gang and Youth Violence Prevention Act of 1992 - Title I: Law Enforcement Against Gang Activity - Requires the Director of: (1) the Bureau of Alcohol, Tobacco and Firearms (ATF) to establish direct liaison with State and local law enforcement agencies having responsibility for gang investigations for the purpose of training, technical expertise, information, coordination, and other enforcement efforts to combat gang-related firearms violations; and (2) the Federal Bureau of Investigation (FBI) to establish direct liaison with such agencies for the purpose of providing training, technical expertise, information, coordination, and enforcement effort to use Federal and State statutes to dismantle criminal gang organizations. Authorizes appropriations to: (1) ATF and the FBI for the creation of a new antigang unit; and (2) the Attorney General to provide 40 prosecutors and necessary support staff to aid such unit. Requires the Director of: (1) ATF and the FBI to designate an agent as director of the antigang unit; and (2) such unit to work with Federal, State, and local law enforcement agencies to coordinate resources. Authorizes appropriations to ATF for the Repeat Offender Program and antigang activities to hire 100 additional special agents and support personnel. Authorizes the seizure and forfeiture of personal property subject to forfeiture under the Controlled Substances Act (CSA) in connection with an investigation of a violation of such Act. Establishes in ATF a National Criminal Gang Analysis Information Center. Authorizes appropriations. Title II: Drug and Violent Crime Emergency Areas - Drug and Violent Crime Emergency Areas Act of 1992 - Authorizes the President to declare a State or part of a State to be a drug or violent crime emergency area (DVCEA) after making a determination that drug trafficking, drug abuse, drug-related violence, or gang or other organized crime-related violence reaches such levels that Federal assistance is needed to supplement State and local efforts and capabilities to save lives, protect property, and preserve public health and safety. Sets forth provisions regarding: (1) procedures for requests for a presidential declaration designating a DVCEA and review of such requests; (2) actions that the Governors or chief executive officers must take as a prerequisite to such a declaration and assistance (including taking action and furnishing information on the nature and amount of State and local resources to be committed to alleviating the emergency; certifying that State and local obligations and expenditures will comply with applicable cost-sharing requirements; and submitting a detailed plan outlining that government's short- and long-term plans to respond to the emergency); (3) the types of Federal assistance that may be provided; and (4) issuance of implementing regulations. Authorizes appropriations. Directs the Attorney General and the Secretary of Defense to report to the appropriate congressional committees concerning: (1) current policies on the use of Federal, State, and local law enforcement, National Guard, and Federal troops in domestic and national emergencies, including riots or natural disasters; and (2) the creation of new policies and strategies to insure the rapid response and placement of law enforcement, National Guard, and Federal troops in the event of such emergencies. Requires the Attorney General and Secretary, or their designated representatives, to chair at least three field hearings to solicit views and recommendations from Federal law enforcement, Federal and State National Guard, and State and local government and law enforcement representatives. Authorizes appropriations. Title III: Penalties Against Gang-Related Violence - Penalties Against Gang Violence Act of 1992 - Amends the Federal criminal code to prescribe: (1) penalties for promoting, furthering, or assisting in any felonious criminal conduct by the members of a criminal gang with knowledge that its members engage in a pattern of criminal gang activity; and (2) enhanced penalties for offenses committed knowingly for the benefit of, at the direction of, or in association with a criminal gang and for such offenses which result in serious bodily injury. Amends: (1) the CSA to prohibit the transportation of a minor to assist in avoiding detection or apprehension with respect to drug-related activity; and (2) the Federal criminal code to prohibit the inducement of a minor to commit an offense, subject to specified limitations. Directs the court, in each case, in addition to any other fines imposed, to impose a civil fine of $100,000 on a defendant found guilty of such offense, to be transferred equitably to the Secretary of Health and Human Services for distribution to State and local agencies for juvenile drug rehabilitation through existing programs, and to the Attorney General to be distributed to State and local juvenile deliquency and gang prevention programs through existing grants provided by the Office of Justice Programs of the Department of Justice. Sets penalties for the distribution of firearms to a minor (a term of imprisonment of up to five years, a civil fine of up to $100,000, or both, in addition to any other punishment authorized under the CSA, with any fines collected to be transferred as specified in the previous paragraph). Sets forth provisions regarding the assessment of civil fines imposed pursuant to this title. Increases penalties to be imposed in addition to those provided for a crime of violence or drug trafficking crime for discharging, using, carrying, or otherwise possessing a firearm during and in relation to such crime to five to ten years for a firearm, ten to 15 years for an assault weapon, short-barreled rifle, or short-barreled shotgun, and 30 years for a machine gun or firearm equipped with a silencer or muffler. Requires a defendant to be sentenced to life imprisonment for a second conviction of such an offense if the firearm is an assault weapon, short-barrelled rifle or shotgun or destructive device, or is equipped with a silencer or muffler. Directs the U.S. Sentencing Commission to promulgate, or amend existing, guidelines to provide for a sentencing enhancement in accord with such provisions. Establishes as a predicate offense under the Armed Career Criminal Act of 1984 any offense under State law which would have been punishable by a maximum term of imprisonment of ten years or more if the offense had been prosecuted as a violation of the CSA as that Act provided at the time of the offense. Provides 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. Makes specified firearms violations predicate offenses under the Racketeer Influenced and Corrupt Organizations Act. Title IV: Boot Camps - Directs the Attorney General to establish within the Bureau of Prisons ten military-style boot camp prisons (boot camps). Specifies that such boot camps will be located on closed military installations in rural or secluded regions, or in other areas to be chosen by the Director of the Bureau, and will provide a highly regimented schedule of strict discipline, physical training, work, drill, and other characteristics of military basic training. Specifies that: (1) each boot camp shall be designed to accommodate between 300 and 400 inmates for periods of six months to one year; and (2) not more than 20 percent of the inmates shall be Federal prisoners, with the remainder being State prisoners accepted for participation in the program. Authorizes the court, in imposing sentence where a defendant may be eligible (i.e., is under age 25, has no prior conviction for any crime of violence, and has been convicted of an offense involving a controlled substance punishable under the CSA or the Controlled Substances Export and Import Act, or offenses that did not result in serious bodily injury), to designate the defendant as eligible for placement in a boot camp. Requires the Bureau to determine whether a defendant so designated will be assigned to a boot camp. Sets forth: (1) further provisions with respect to the placement and completion of assignment of a Federal prisoner to a boot camp; (2) provisions with respect to applications, eligibility requirements, and completion of assignment of State prisoners; and (3) provisions for post-release supervision. Authorizes appropriations. Title V: Empowerment to Reduce and Prevent Youth Gang Activity - Directs the Attorney General to make grants to and enter into contracts with public and nonprofit private agencies, organizations, institutions, and individuals, to carry out projects and activities to: (1) prevent and reduce criminal gang activities; (2) provide alternative activities for youth; (3) facilitate coordination and cooperation among citizens and law enforcement to prevent and reduce criminal gang activities; (4) support local law enforcement departments and agencies to conduct educational outreach activities in communities in which gangs commit violent or drug-related crimes; (5) institute community patrols and neighborhood watch programs to prevent and reduce criminal gang activities; and (6) inform citizens of community and law enforcement activities to prevent and reduce criminal gang activities. Sets forth application requirements. Directs the Attorney General to give priority to applicants who: (1) have projects or activities in operation which have the broad support of community- and law enforcement-based organizations in the applicant's geographical area; and (2) propose to carry out projects and activities in geographical areas in which frequent and severe criminal activities are committed by gangs whose membership is composed primarily of youth. Authorizes appropriations. Directs the Secretary of Education to make grants to, and enter into contracts with, State and local educational agencies and institutions of higher education for teacher and counselor training programs to establish, expand, or enhance programs and activities for the training of teachers, administrators, guidance counselors, and other educational personnel concerning the identification and prevention of youth gang activity and youth violence. Sets forth application requirements. Authorizes appropriations. Requires the Secretary of Health and Human Services to make grants to, and enter into contracts with, public and nonprofit private agencies, organizations, institutions, and individuals to carry out projects and activities to: (1) assist parents, families, and guardians to effectively reduce and prevent participation of youth in the activities of gangs that engage in violent crime and drug-related activity; (2) provide education, counseling, and support services to parents, families, and guardians of youth involved in or who live in a geographic area in which criminal gang activity takes place; (3) inform gang members and their families of the availability of counseling, education, drug rehabilitation, and other support services; and (4) facilitate coordination and cooperation among parents, local education, juvenile justice, and social service agencies for the purpose of preventing or reducing the participation of youth in activities of gangs that commit violent crime and drug-related activity. Sets forth application requirements. Authorizes appropriations. Expresses the sense of the Congress with respect to funding levels for: (1) the special supplemental food program for women, infants, and children; (2) Head Start programs; and (3) the Follow Through Program. Directs the Secretary of Education to make grants to, and enter into contracts with, public and nonprofit private agencies, organizations, institutions, and individuals, to carry out projects and activities to: (1) provide for academic volunteers and mentors to children; (2) recruit, train, and place such volunteers and mentors; (3) coordinate local, regional, and statewide resource referral systems to efficiently link children and potential academic volunteers and mentors with existing academic volunteer programs and organizations; and (4) promote and encourage citizen participation in academic volunteer and mentor programs. Sets forth application requirements. Authorizes appropriations. Requires the Secretary of Defense to establish five pilot Youth Opportunity Corps, to be located on closed military installations or unused Federal property in rural or secluded regions, which will provide a daily regimented schedule of work, drill, skills training, and other support services for "eligible children" (defined as youth aged 15 to 19, from families whose total income is less than 185 percent of the poverty level, and who reside in geographic areas in which frequent and severe drug trafficking and criminal activities are committed by gangs whose membership is composed primarily of youth). Specifies that each Corps shall be designed to accommodate 200 members for periods to be established by the Secretary. Directs the Secretary to: (1) determine the appropriate work, education programs, and other projects for participation by Corps members, including forest conservation and reforestation, flood control, environmental cleanup of beaches and other sensitive regions, and building restoration; (2) determine the rates of pay, hours, and other conditions of employment, subject to specified limitations; (3) provide for lodging, subsistence, transportation, and other services and equipment, as necessary; and (4) promulgate regulations to insure the safety, health, and welfare of Corps members. Authorizes appropriations.
United States · United States Congress · 7 August 1992
Turbo Enterprise Zone Act - Provides for the waiver of Federal income, employment, self-employment, and excise taxes and State, county, and local jurisdiction taxes in Los Angeles turbo enterprise zones during a five-year period. Describes such zones as any area in the County of Los Angeles designated as being: (1) significantly and adversely affected by the rioting which occurred on or about May 1, 1992; (2) afflicted with unemployment estimated to exceed 30 percent; (3) subject to severe economic blight as measured by per capita income and the number of persons below the Federal poverty level; and (4) nonproductive of material tax revenues to the city, county, State, or Federal governments. Provides for an extension of such period if necessary. Limits any extension to six years. Authorizes other geographic areas to apply for such five-year waiver. Suspends the treatment of any deduction, credit, or capital loss carryover during such period.
United States · United States Congress · 3 August 1992
Amends the Internal Revenue Code to provide special rules with respect to the nonrecognition of gain for principal residences compulsorily or involuntarily converted as a result of a presidentially-declared disaster. Requires the nonrecognition of gain of insurance proceeds for the contents of such residences. Allows insurance proceeds from personal property and real property to be lumped together into one common fund. Extends the time to replace a principal residence from two years to four years.
United States · United States Congress · 29 July 1992
Chemical Control Amendments 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 involving shipment of a threshold amount of a listed chemical; and (2) 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. Removes the exemption for products in which ephedrine is the only active medicinal ingredient in therapeutic amounts. Permits the Attorney General to remove by regulation the exemption for other drugs containing listed chemicals if it is determined that they are being diverted for use in the illicit production of a controlled substance. Sets forth criteria for making such determination. Permits manufactures to retain exemptions for specific drug products if they can demonstrate that such a product is manufactured and distributed in a way which prevents diversion. Provides registration requirements for list I chemicals, including the authority to revoke or deny based on public interest grounds, immediate suspension in cases of imminent danger to the public health or safety, and criminal penalties for distribution, importation, or exportation without the required registration. Specifies that registration is not required for distribution, importation, or exportation of drug products containing list I chemicals covered by the legal drug exemption. Requires each regulated person that 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 that is a regulated transaction solely because of that person's involvement as broker or trader, with respect to that transaction, subject to all of the notification, reporting, recordkeeping, and other requirements placed upon exporters of listed chemicals by the Comprehensive Act. Provides for exemption authority and additional penalties. Authorizes the Attorney General to reduce controls on the importation of specified chemicals by modifying or eliminating the advance notice requirement. Adds specific criminal penalties for: (1) attempting to evade reporting requirements by falsely claiming that a shipment is destined for a country for which a waiver has been established; and (2) smuggling of listed chemicals. 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 "controlled 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 the manufacture of a controlled substance other than as required under the Solid Waste Disposal Act. Specifies that, in addition to a 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. Subjects listed chemicals to the same forfeiture provisions which apply to controlled substances. Amends the Health Care Quality Improvement Act of 1986 to require the Secretary of Health and Human Services to make available to the Attorney General information in the national practitioner data bank.
United States · United States Congress · 27 July 1992
Declares that the Congress acknowledges and appreciates the commitment, devotion, and sacrifices of present and former military families. Designates November 23, 1992, as National Military Families Recognition Day.
United States · United States Congress · 22 July 1992
Abused Military Dependents Protection Act of 1992 - Directs the Secretary of a military department, upon application, to pay an annuity to an eligible spouse or former spouse of a member of the armed forces under the jurisdiction of that Secretary (spouse). Provides that a spouse is eligible to receive an annuity if: (1) after the member becomes eligible to be retired on the basis of years of service, the member's eligibility to receive retired or retainer pay is terminated as a result of misconduct of the member or former member involving abuse of a dependent; and (2) the spouse was the victim of the abuse and was married to the member at the time of that abuse or is a natural or adopted parent of a dependent child of the member who was the victim of the abuse. Makes such provisions applicable with respect to terminations of eligibility to receive retired or retainer pay as a result of a conviction by a court-martial or an administrative separation from the armed forces. Sets forth: (1) a formula for determining the amount of the annuity payable to such spouse, based on the number of years of marriage to such member; and (2) provisions with respect to termination of entitlement to such annuity. Directs the Secretary of a military department concerned to pay indemnity compensation to an eligible dependent of a member of the armed forces under the jurisdiction of that Secretary who, before becoming eligible to be retired from the armed forces on the basis of years of service, is: (1) convicted by a court-martial for an offense involving abuse of a dependent if the court-martial convening authority or a higher competent authority approves a dishonorable discharge, bad-conduct discharge, or dismissal of the member as a result of that conviction; or (2) separated from the armed forces under adverse conditions, as a result of misconduct involving abuse of a dependent. Sets forth provisions regarding: (1) eligibility determinations; (2) amount of compensation; (3) period of payment; (4) commencement of payment; (5) termination of payment; and (6) offset of payments. Entitles spouses, while receiving an annuity or indemnity compensation pursuant to this Act, to: (1) receive medical and dental care to the same extent as a dependent of a retired member of the armed forces; (2) use the commissary and exchange stores on the same basis as a dependent of a retired member of the armed forces; and (3) receive any other benefits that a dependent of a retired member is entitled to receive. Sets forth further limitations with respect to such annuities and indemnity compensation. Directs the Secretary of Defense to conduct a study to: (1) determine the number of persons who became eligible to receive an annuity pursuant to this Act as of each of FY 1980 through 1992; (2) estimate the number of persons who will become eligible to receive an annuity during each of FY 1993 through 2000; (3) determine, for each of FY 1980 through 1992, the number of members of the armed forces who, after having completed between one and 20 years of service, were approved in that fiscal year for discharge or dismissal from the armed forces as a result of abuse of a spouse or dependent child; and (4) estimate, for each of FY 1993 through 2000, the number of members of the armed forces who, after having completed between one and 20 years of service in that fiscal year, will be approved in such fiscal year for discharge or dismissal from the armed forces as a result of abuse of a spouse or dependent child.
United States · United States Congress · 22 July 1992
Brain Injury Rehabilitation Quality Act of 1992 - Amends title XIX (Medicaid) of the Social Security Act to provide for optional Medicaid coverage of services provided through a State case management program that meets specified requirements to Medicaid-eligible individuals who sustain traumatic brain injuries. Describes the services provided under such a program. Specifies criteria related to the eligibility of individuals and service providers to participate in such a program. Requires that an individual reside in a State that has designated a State coordinator for traumatic brain injuries in order to receive services under this Act. Requires such coordinator to establish policies and standards for providing services, make necessary reports to the Secretary of Health and Human Services, supervise and coordinate services for persons with traumatic brain injuries, and perform other specified duties, including establishing an advisory committee. Makes such coordinator responsible for a program of activities related to preventing and reducing the rate of traumatic brain injuries in the State. Requires the Secretary, acting through the Director of the Centers for Disease Control, to establish standards for the reporting of data on traumatic brain injuries and the operation of registries of traumatic brain injuries for coordinator use. Authorizes appropriations. Requires the Administrator for Health Care Policy and Research to conduct a study on the effectiveness of traumatic brain injury interventions. Authorizes appropriations.
United States · United States Congress · 21 July 1992
Urges: (1) the Government of the Yemen Arab Republic to cease its obstruction and allow unlimited Yemeni-Jewish emigration and free travel for family reunification, medical treatment, and educational purposes; (2) that the provision of the free and unlimited exchange of letters and phone calls be extended to Yemeni Jews; (3) that the issue of the emigration and family reunification of such Jews be part of any equation of U.S. aid to such Government; and (4) the President to discuss with U.S. allies and trading partners making similar pleas to such Republic on behalf of Yemeni Jews' freedom of travel and emigration.
United States · United States Congress · 2 July 1992
Small Business Innovation Development Amendment Act of 1992 - Amends the Small Business Innovation Development Act of 1982 to extend the Small Business Innovation Research (SBIR) Program from October 1, 1993, to October 1, 2000. Amends the Small Business Act regarding small business eligibility for Federal agency research and development awards to include in the three-phase evaluation process determining the technological feasibility of ideas those ideas which appear to have commercial potential. Prescribes minimum SBIR expenditure amounts for FY 1992 through 1997 and after. Requires each Federal agency that is required to establish an SBIR program to: (1) determine unilaterally research topics within its SBIR solicitations, giving special consideration to topics which permit substantial applicant participation in research project formulation; and (2) make payments in full to SBIR funding agreement recipients, subject to specified audit deadlines. Directs the Administrator of the Small Business Administration (the Administrator) to modify directives for the conduct of general SBIR policy to provide for: (1) rights to data; (2) continued use of agency property; (3) follow-on contracts; and (4) increased amounts of Phase 1 awards. Repeals the requirement for an annual report by the Office of Science and Technology Policy. Provides that if a Federal agency required to establish an SBIR program makes an SBIR solicitation award for which it shall provide written justification of such award in its next annual report. Requires the Comptroller General to report to the Congress on specified aspects of SBIR program implementation. Includes Department of Defense (DOD) activities in the extension of programs under this Act and requires the evaluation process for research and development awards to consider the commercial potential of ideas. Revises the definition of "extramural budget" to remove an exclusion that provides that such definition shall not include amounts of DOD obligated solely for operational systems development. Increases the amount required to be expended by DOD for SBIR. Establishes a maximum amount for SBIR contracts awarded by DOD in the first phase.
United States · United States Congress · 2 July 1992
Cash Management Improvement Act Amendments of 1992 - Amends the Cash Management Improvement Act of 1990 (the Act) to require the Secretary of the Treasury to prescribe regulations for the timely disbursement of Federal funds with respect to each State by July 1, 1993. Extends the deadline for the Secretary to enter into agreements with States for intergovernmental financing and to prescribe regulations for such financing from October 24, 1992, until July 1, 1993, or by the first day of a fiscal year of the State which begins in 1993, whichever is later. Makes the Act effective on such date. Extends for one year the report to the Congress by the Comptroller General on the implementation of such Act.
United States · United States Congress · 2 July 1992
Traumatic Brain Injury Act of 1992 - Amends the Public Health Service Act to direct the Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control, to conduct a study concerning traumatic brain injury. Requires the study to seek to: (1) determine the major causes of traumatic brain injury; (2) identify common therapeutic interventions which are used for the rehabilitation of individuals with traumatic brain injuries; (3) determine the preventive efforts that are being used by States and non-profit agencies to reduce the occurrence of such injuries; (4) identify effective treatment and long-term rehabilitation services needed to meet the needs of individuals with traumatic brain injuries; (5) develop practice guidelines for the treatment of traumatic brain injury; and (6) determine whether there is a need for national standards for helmets used by bicyclists and others. Requires the results of such study to be reported to the Congress not later than three years after enactment of this Act. Requires the Secretary to biennially prepare a report containing recommendations for the prevention of traumatic brain injuries, including identifying States that have mandated helmet laws for bicyclists and others. Requires such report to be disseminated to State health officers. Makes the Director responsible for gathering data concerning the number of individuals surviving traumatic brain injury and regarding the cost of such injuries. Requires the Director to establish a uniform reporting system under which hospitals and State and local health-related agencies will report on matters including: (1) the occurrence of traumatic brain injuries; (2) the amount of traumatic brain injury research, training, and services; (3) the identification of States and localities that have approved mandated helmet use laws; and (4) the health insurance status of individuals with such injuries. Requires the reporting system to permit the Director to make an accurate assessment of resource needs, provide a basis for the allocation of resources, and track survivors of traumatic brain injury from the provision of initial health care through long-term rehabilitation. Directs the Director to determine which Federal, State, local or other entities collect data on traumatic brain injury and the means by which such entities collect the data. Authorizes the Director to enter into cooperative agreements with other agencies, and to provide assistance to other entities with responsibility for data collection, to establish traumatic brain injury as a specific reportable condition in existing and future reporting systems. Authorizes the Secretary to award grants to State and local entities, and to public or non-profit private entities, to support: (1) special prevention and public awareness initiative projects; (2) model traumatic brain injury prevention, research and support programs; (3) projects that study the service needs of individuals with traumatic brain injury; and (4) projects involving grants for service coordination. Authorizes the Secretary to provide assistance to public and private nonprofit entities to reduce the incidence of traumatic brain injury through the establishment and effectuation of prevention projects. Sets forth eligibility requirements. Authorizes the Secretary, acting through the Director of the National Institutes of Health, to provide assistance to public and private nonprofit entities to support the conduct of basic and applied research concerning traumatic brain injury, especially with respect to the biomechanics of brain injury, the molecular and cellular characteristics of primary and secondary injury to the brain and the development of improved experimental brain injury models. Specifies the research to be conducted. Directs the Secretary to award grants to States for the establishment of Statewide protection and advocacy demonstration projects for individuals affected by traumatic brain injury. Sets forth eligibility requirements. Requires each State that receives assistance under this Act to establish a consumer-controlled advisory board within the Department of Health or Human Services of the State or within another department as designated by the chief executive officer of the State. Directs an advisory board to coordinate communications with and between Federal, State and local agencies, citizen's groups, private industry and labor and nonprofit organizations and to encourage citizen participation through public hearings and other types of community outreach programs. Requires each State to establish a services coordination program to identify the services required to prevent the institutionalization or to minimize the need for residential rehabilitation in the case of traumatic brain injuries. Sets forth the requirements for such program. Authorizes appropriations to carry out provisions of this Act for FY 1993 through 1995. Designates October 1992 as National Head Injury Month.
United States · United States Congress · 2 July 1992
Regulatory Accountability Act of 1992 - Sets forth specific requirements Federal agencies must adhere to in taking any regulatory action. Provides an exemption from certain requirements for regulatory actions for which the President publishes in the Federal Register a statement of waiver that: (1) outlines the reasons for waiving such requirements because of emergency need for such specific regulatory action; and (2) includes a timetable for satisfying remaining requirements as early as possible. Requires the President to provide for independent evaluation of the regulatory process and the effect of regulations on different areas of the economy. Provides funding for such evaluation.
United States · United States Congress · 2 July 1992
Minor Crop Protection Assistance Act of 1992 - Amends the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) to define "minor use" as the use of a pesticide on a commercial agricultural crop or site where: (1) the total U.S. acreage for the crop is less than 300,000 acres; (2) the acreage expected to be treated as a result of that use is less than 300,000 acres annually or the agricultural crop represents production from less than 300,000 acres annually; (3) the use does not provide sufficient economic incentive to support initial or continuing registration; and (4) the Administrator of the Environmental Protection Agency (EPA) has not determined that the use presents an unreasonable adverse environmental effect. Permits the Administrator, in handling the registration of a pesticide for a minor use, to waive applicable data requirements if determined that the absence of data will not prevent the Administrator from determining the incremental risk presented by the minor use and that such risk would have an unreasonable adverse environmental effect. Prohibits data that relates solely to a minor use, without the permission of the original data submitter, from being considered by the Administrator to support a minor use application by another person for ten years following the submission of the data. Terminates the exclusive use of such data if the registration is voluntarily cancelled or if the data are used to support a nonminor use. Provides for expedited review (within six months of submission) of applications to support minor use pesticide registrations. Grants registrants who make good faith requests for minor use waivers regarding required data and whose requests are denied a full time period for providing such data. Requires the Administrator, upon the request of a registrant, to extend the deadline for the production of data required solely to support a minor use pesticide up to four years if the registrant provides data to support other uses of the pesticide and a schedule to assure that the data production will be completed before the expiration of the extension. Applies the same extension conditions to data for reregistrations. Requires the Administrator to conditionally amend a registration to permit additional minor uses even if data is insufficient if the applicant has submitted satisfactory data pertaining to the proposed minor use and amending such registration would not increase environmental risks. Prohibits amendments if the pesticide meets or exceeds risk criteria associated with human dietary exposure and other specified conditions. Provides for extensions of minor use registration and data submission deadlines in cases where a registrant is not providing data to support a minor use but is providing data in a timely fashion to support other uses. Requires the Administrator, when a minor use registration application is filed no later than two years after another registrant voluntarily cancels registration for a similar use, to evaluate such application as if the voluntary cancellation had not yet taken place for purposes of data use, subject to environmental risk considerations. Directs the Administrator to assure coordination of minor use issues through the establishment of a minor use program within the Office of Pesticide Programs. Establishes and authorizes funding for a Department of Agriculture matching fund minor use program. Requires the program to be used to ensure the continued availability of minor use crop protection chemicals, including the data to support minor use pesticide registrations.
United States · United States Congress · 1 July 1992
Cuban Democracy Act of 1992 - Sets forth U.S. policy with respect to Cuba. Declares that the President should encourage countries that conduct trade with Cuba to restrict their trade and credit regulations with Cuba in a manner consistent with this Act. Authorizes the President to impose the following sanctions against countries that provide assistance to Cuba: (1) ineligibility for assistance under the Foreign Assistance Act of 1961 or the Arms Export Control Act; (2) a prohibition on agreements with the United States for the establishment of free trade areas; and (3) ineligibility for forgiveness or reduction of debt owed to the U.S. Government. Terminates such sanctions if the President reports to the Congress that Cuba has met conditions established under this Act concerning democracy, human rights, and a free market economy. Prohibits restrictions on the export to Cuba of medicines, subject to specified conditions and inspection requirements. Permits telecommunications services between the United States and Cuba. Requires the U.S. Postal Service to provide direct mail service to and from Cuba. Authorizes the President to provide assistance to promote nonviolent democratic change in Cuba. Prohibits the issuance of licenses for certain transactions between U.S.-controlled firms in third countries and Cuba. Bars domestic concerns from receiving a tax deduction for the portion of the deductible expenses of such concerns which are allocated or apportioned to income derived from Cuba. Prohibits vessels which enter Cuba to engage in trade from loading or unloading any freight in the United States within 180 days after departure from Cuba. Prohibits: (1) vessels carrying goods or passengers to or from Cuba or carrying goods in which a Cuban national has an interest from entering a U.S. port, except as authorized by the Secretary of the Treasury; and (2) specified commodities authorized to be exported under a general license from being exported under such a license to any such vessels. Directs the President to establish strict limits on remittances to Cuba by U.S. persons for purposes of financing the travel of Cubans to the United States to assure that such remittances are not used by the Cuban Government as a means of gaining access to U.S. currency. Declares that food, medicine, and medical supplies for humanitarian purposes should be made available to Cuba under the Foreign Assistance Act of 1961 and the Agricultural Trade Development and Assistance Act of 1954 if the President certifies to the House Foreign Affairs Committee and the Senate Foreign Relations Committee that the Government of Cuba: (1) has made a commitment to hold free and fair elections for a new government within six months and is proceeding to implement that decision; (2) has made a commitment to respect and is respecting human rights and basic democratic freedoms; and (3) is not providing weapons or funds to any group in any other country that seeks the violent overthrow of the government of such country. Waives sanctions against Cuba under this Act if the President reports to the Congress that Cuba: (1) has held free and fair elections conducted under internationally recognized observers; (2) has permitted opposition parties ample time to campaign for such elections and has permitted full access to the media to all candidates; (3) is showing respect for basic civil liberties and human rights; (4) is moving toward establishing a free market economic system; and (5) has committed itself to constitutional change that would ensure regular free and fair elections. Requires the President, if he makes such report, to take the following actions with respect to a freely-elected Cuban Government: (1) encourage the admission of such government to international organizations and financial institutions; (2) provide emergency relief during Cuba's transition to a viable economic system; (3) take steps to end the U.S. trade embargo of Cuba; and (4) enter into negotiations for a trade agreement with Cuba. Requires the Secretary of the Treasury to exercise the authorities of the Trading With the Enemy Act in enforcing this Act. Authorizes appropriations. Amends the Trading With the Enemy Act to authorize the Secretary to impose a civil penalty on violators of such Act. Provides for forfeiture of any property or vessel that is the subject of a violation. Requires the Department of the Treasury to establish a branch of the Office of Foreign Assets Control in Miami, Florida.
United States · United States Congress · 24 June 1992
Declares that it is the sense of the Congress that any legislation passed by the Congress to address American health care needs must include coverage for mental disorders.
United States · United States Congress · 23 June 1992
Medical and Health Insurance Information Reform Act of 1992 - Adds a new title XXII, Medical And Health Insurance Information Reform, to the Social Security Act (SSA). Requires the Secretary of Health and Human Services, in order to assure the availability of comparative value information to health care purchasers, to determine whether each State is developing and implementing a health care value information program. Enumerates the criteria for State programs. Provides that if the Secretary finds that a State has not developed or implemented a health care value information program that comports with such criteria, the Secretary must take necessary actions to implement a comparable program in the State. Allows fees to be charged for the informational materials provided pursuant to such program. Directs the head of any Federal agency with responsibility for the provision of health insurance or health care services to develop and make comparative value information available to States, health care providers, and consumers. Directs the Secretary to promulgate requirements for health insurers to furnish periodically to the Secretary, on a sample basis, health care data relevant to health care services research. Requires the Secretary to make available, under the Freedom of Information Act, all Medicare (SSA title XVIII) claims records, without regard to the consent of the physician or other individual who furnished the item or service in question. Maintains in force Privacy Act protections against the release of information that identifies Medicare beneficiaries. Applies this new requirement for release of records only to information received after the enactment of this Act. Directs the Secretary, directly or through grant or contract, to develop model systems: (1) for gathering health care cost, quality, and outcomes data; and (2) for analyzing such data in a manner that would allow valid comparisons among providers and among health plans. Requires the Secretary to support and evaluate experiments with different approaches to achieve the most cost-effective method. Provides that, when appropriate, the Secretary may establish standards for data gathering in order to facilitate analysis and comparisons across the nation. Authorizes appropriations. Authorizes the Secretary to make grants to States to enable them to plan and initiate implementation of their health care information programs. Authorizes appropriations. Nullifies any State law which requires medical or health insurance records (including billing information) to be kept in written, rather than electronic, form. Directs the Secretary, after taking into consideration the Insurance Information and Privacy Protection Model Act of the National Association of Insurance Commissioners (NAIC), to promulgate requirements concerning health insurance information privacy and confidentiality. Includes among such requirements that information identifying individuals shall not be redisclosed (with such limited exceptions as the Secretary may provide) except to the extent necessary to carry out the purpose for which the information was collected. Requires the Secretary to take into consideration specified principles concerning information that identifies individuals when promulgating such requirements. Directs the Secretary to determine whether problems relating to standards for the electronic receipt and transmission of health insurance information cause significant administrative costs. Requires the Secretary, if such costs are generated, to promulgate standards for the electronic receipt and transmission of claims, payment, eligibility, and enrollment information (including privacy and confidentiality protection requirements). Directs the Secretary to determine whether problems relating to the receipt and transmission of health insurance eligibility verification cause significant administrative costs. Requires the Secretary, if such costs are generated, to promulgate requirements for the receipt and transmission of health insurance eligibility verification. Directs the Secretary to determine whether the proportion of health insurance claims and payment information received and transmitted by paper will continue to cause significant administrative costs. Directs the Secretary, if such costs are generated, to require a specified proportion of (or all of) such information to be received and transmitted electronically (with such exceptions as the Secretary might specify). Directs the Secretary to promulgate requirements for the format and content of basic claim forms under health insurance plans. Directs the Secretary to determine whether the variety of information requested by health insurers (in addition to information requested in basic claims forms) causes administrative costs disproportionate to the benefits derived. Requires the Secretary, if such costs are generated, to publish recommendations concerning what additional information should be allowed to be requested and in what format. Directs the Secretary, after consulting with the NAIC, to promulgate rules for determining the relative liability of insurers and the priority of payment when several health insurance policies cover the same individual. Directs the Secretary to determine whether problems relating to the transfer of information among health insurers that cover the same individual cause significant mistaken payments or administrative costs. Requires the Secretary, if such payments or costs are generated, to promulgate requirements concerning the transfer among insurers (and annual updating) of information (which may include requirements for the use of unique identifiers, and for the listing of all individuals covered under a health insurance plan). Directs the Secretary to determine, for each State, whether there were in effect State requirements substantially the same as those enumerated below and whether the State effectively enforced them. Applies the requirements enumerated below to administrators of self-insured employee plans. Provides for Federal backup authority to be effective in a States (with respect to a section) only if the Secretary makes a negative finding with respect to certain requirements or if the State does not provide sufficient information to enable the Secretary to make the determination. Requires health insurers (in States that do not have an equivalent program) to: (1) meet the Federal requirements concerning the protection of privacy and confidentiality; (2) use social security numbers for their beneficiaries and Medicare unique identifiers for each providers that furnishes items and services; (3) meet the standards and requirements (if any) concerning the receipt and transmission of health insurance information; (4) meet the requirements concerning the form and content of health insurance claim forms; (5) follow the rules determining the priority of payment when several health insurance policies cover the same individual; and (6) meet the requirements (if any) concerning the furnishing of information among insurers. Requires the Secretary, after consulting with the American National Standards Institute (ANSI) and others, to promulgate requirements for hospitals concerning electronic medical data. Specifies the data sets to be included in such requirements. Permits the Secretary, after consulting with ANSI and others, to promulgate requirements for health care entities other than hospitals concerning electronic medical data. Requires hospitals that participate in the Medicare program to maintain an electronic patient care information system that meets certain data set requirements promulgated by the Secretary for hospitals, and to transmit data electronically to the Secretary, peer review organizations, carriers, and intermediaries, from the appropriate data sets. Permits waivers of such requirements for hospitals in the process of developing an electronic patient care information system, for small rural hospitals, and for certain hospitals that agree to subject their data transfer processes to specified quality assurance procedures. Permits Federal agencies to require electronic transmission of data elements utilized for certain agency health care or research programs. Amends the Internal Revenue Code to subject insurers to an excise tax for any failure to comply with requirements under SSA new title XXII respecting health insurance. Specifies the amount of such tax for administrator of self-insured employee welfare benefit plans and other insurers. Provides that the excise tax generally shall not apply if the violation could not have been discovered through the exercise of reasonable diligence, or if the violation was corrected within 30 days after it had been discovered. Gives the Secretary authority to waive the tax if the violations were due to reasonable cause and not willful neglect, to the extent payment of the tax would be excessive relative to the failure involved. Authorizes the Secretary to make grants to: (1) community organizations or coalitions of health care providers, insurers, and purchasers to establish, and document the efficacy of, communication links between the information systems of health insurers and of health care providers; and (2) public and private non-profit entities for the development of regional- and community- based clinical information systems, and for the development and testing of certain ambulatory care data sets. Authorizes appropriations.
![Official portrait of Sen. Seymour, John [R-CA]](https://www.congress.gov/img/member/s000269_200.jpg)