Budget

Mittel für Europäische Schulen im Haushalt des Europäischen Parlaments (G-SIG: 12043883)

Germany · German Bundestag · 30 December 1992

Summe der für den Bundeshaushalt von der Bundesanstalt für Arbeit bereitgestellten Mittel seit 1983 (G-SIG: 12043888)

Germany · German Bundestag · 30 December 1992

Streichung der Bundesmittel für die Städtebauförderung für Westdeutschland im Bundeshaushalt 1993 (G-SIG: 12043779)

Germany · German Bundestag · 4 December 1992

Einrichtung eines Nothilfefonds Altlastensanierung in den neuen Bundesländern mit Hilfe der im Haushalt der Wismut AG gestrichenen Mittel; weitere Förderung von Uran im Bergbaugebiet Königstein trotz der Gefahren für das Trinkwasserreservoir (G-SIG: 12053888)

Germany · German Bundestag · 4 December 1992

Les résultats de projections macroéconomiques

France · Senate · 18 November 1992

Les résultats de projections macroéconomiques

93/65/Euratom, ECSC, EEC: Decision of the European Parliament of 18 November 1992 giving discharge to the Commission in respect of the implementation of the general budget of the European Communities for the 1990 financial year as regards Sections I - Parliament, II - Council, III - Commission, IV - Court of Justice and V - Court of Auditors

European Union · EUR-Lex · 18 November 1992

Les aspects financiers de la protection sociale

France · Senate · 28 October 1992

Les aspects financiers de la protection sociale

58 Mr. Shatter asked the Minister for Labour when it is intended to implement the budget proposal announced in January 1992 to extend maternity benefit to adoptive parents; and the reason for the delay in implementing this proposal.

Ireland · Dáil Éireann · 8 October 1992

58 Mr. Shatter asked the Minister for Labour when it is intended to implement the budget proposal announced in January 1992 to extend maternity benefit to adoptive parents; and the reason for the delay in implementing this proposal.

58 Mr. Shatter asked the Minister for Labour when it is intended to implement the budget proposal announced in January 1992 to extend maternity benefit to adoptive parents; and the reason for the delay in implementing this proposal.

Ireland · Dáil Éireann · 8 October 1992

58 Mr. Shatter asked the Minister for Labour when it is intended to implement the budget proposal announced in January 1992 to extend maternity benefit to adoptive parents; and the reason for the delay in implementing this proposal.

A bill to provide for a program for the diversification of the activities of certain Federal laboratories.

United States · United States Congress · 6 October 1992

Requires the Secretary of Defense to establish the Federal Defense Laboratory Diversification Program. Specifies that: (1) the laboratories covered by the Program shall include all Department of Defense (DOD) owned or operated laboratories and DOD federally funded research and development (R&D) centers that undertake more than $5 million in research (Defense laboratories); and (2) the Program shall be managed by Director of Defense Research and Engineering. Directs the Program to undertake cooperation between Defense laboratories and private industry to promote: (1) the development and application of dual-use manufacturing technologies to improve quality and efficiency in the manufacture of both civilian and defense-oriented products; (2) the development and commercialization of dual-use product technologies; (3) the transfer of defense or dual-use technologies from laboratories to the private sector for the purpose of commercialization through patent, royalty, and license agreements, cooperative R&D agreements, and other cooperative agreements and through symposia, meetings, and other mechanisms; and (4) the efficient adoption and adaptation of civilian manufacturing product and process technologies to defense needs in sectors critical to maintaining defense preparedness. Requires the Director of Research and Engineering to develop, for each category of diversification activity for each Defense laboratory covered by this Act, benchmarks which cover FY 1993-95 and include for each such fiscal year: (1) the budget resources, manpower, and facilities to be utilized by each laboratory; and (2) the dollar value of patents, royalties, and licenses broken down by product or SIC code to be sought and pursued by each laboratory, in implementing the Program. Requires the Director, with respect to the budget resources, manpower, and facilities to be utilized by each Defense laboratory covered by the Program to establish benchmarks concerning the number and value of cooperative R&D and other cooperative agreements to be established and undertaken allocating, as appropriate, a minimum of two to five percent of budget to such cooperative work within two years of the Program's establishment. Specifies that: (1) Program benchmarks shall be established within 180 days; (2) upon their establishment, each Defense laboratory shall promptly proceed to implement them within its overall budget and utilizing other funds that may be available for implementation of this Act; and (3) benchmarks shall be updated each fiscal year on an ongoing basis. Directs each: (1) Defense laboratory participating in the Program to establish an industry and academic advisory panel to promote cooperation between the laboratory and the private sector in carrying out the Program; and (2) laboratory to utilize its panel to oversee the development of each year's research plan and the implementation of the Program and its benchmarks and to provide advice on how to enhance the dual-use properties of the laboratory's research work on a project-by-project basis. Sets forth reporting requirements. Requires the Director of the Office of Technology Assessment to: (1) subject to the approval of the Technology Assessment Board, undertake an evaluation of practices and procedures that have proven effective in promoting specified elements of the Program, both in laboratories covered by the Program and elsewhere; and (2) evaluate the effectiveness of the Program in achieving optimal cooperation with private industry in meeting such elements and make recommendations for any improvements in practices and procedures for cooperating with industry that should be implemented. Directs the Director of Research and Engineering to utilize the recommendations and results of such study in ongoing implementation of the Program.

Federal Courts Administration Act of 1992

United States · United States Congress · 6 October 1992

Federal Courts Administration Act of 1992 - Title I: Implementation of Federal Courts Study Committee Recommendations - Amends the Federal judicial code to authorize the Supreme Court to prescribe rules for appeal of interlocutory decisions to the courts of appeals. Amends the Federal criminal code to authorize a magistrate judge to: (1) revoke, modify, or reinstate (currently, revoke or reinstate) the probation of a defendant that such judge has sentenced; and (2) modify, revoke, or terminate supervised release of any person sentenced to a term of supervised release by a magistrate judge. Permits a district judge to designate a magistrate judge to conduct hearings to modify, revoke, or terminate supervised release, including evidentiary hearings, and to submit to the judge proposed findings of fact and recommendations for such modification, revocation, or termination by the judge (including, in the case of revocation, a recommended sentence). Directs the magistrate judge to file his or her proposed findings and recommendations. Amends the Federal judicial code to authorize the Chief Justice of the United States, in the public interest, to designate and assign temporarily any circuit judge to act as circuit judge in another circuit upon request by the chief judge or circuit justice of such circuit. (Current law makes no mention of the public interest and authorizes such action upon presentation of a certificate of necessity by the chief judge or circuit justice of the circuit where the need arises.) Title II: Judicial Survivors' Annuities Improvements - Amends the Federal judicial code to authorize judicial officials of the United States (officials) to elect to contribute 2.2 percent of their salary and 3.5 percent of their retirement salary (under current law, five percent of their salary) to the Judicial Survivors' Annuities Fund. Requires an official who is not entitled to receive an immediate retirement salary upon leaving office but who is eligible to receive a deferred retirement salary at a later date to file, within 90 days before leaving office, a written notification of intent to remain within the purview of provisions with respect to the Fund (which shall constitute consent to contribute the 3.5 percent of deferred retirement salary) or be deemed to have revoked the election to participate under such provisions. Provides for the refund of deposits into the Fund for officials who leave office and are ineligible to receive a retirement salary, or who leave office and are entitled to a deferred retirement salary but fail to make an election. Counts as creditable service those years during which an official had deductions withheld from his or her retirement salary. Revises the formula with respect to the computation of the annuity to take into account the number of years during which the official had deductions withheld from his or her retirement salary. Authorizes an official, subject to the terms of a specified decree, court order, or agreement, who ceases to be married after making the election to revoke such election in writing by notifying the Director of the Administrative Office of the U.S. Courts (Administrative Office). Requires such official to also notify any spouse or former spouse of the application for revocation in accordance with such requirements as the Director shall prescribe. Authorizes the Director to provide for waiver of the notification requirement with respect to a spouse or former spouse if such official established to the Director's satisfaction that the whereabouts of such person cannot be determined. Directs the Comptroller General of the United States, at the end of each three-fiscal year period, to determine whether the contributions by officials during such period accounted for 50 percent of the costs of the Fund and if not, what adjustments in the contribution rates should be made to achieve that 50 percent figure. Sets forth reporting requirements. Provides a credit for prior contributions made to the Fund by officials at the higher rate. Permits any official who elects to participate to make a redeposit to the credit of the Fund in installments, in such amounts and under such conditions as may be determined by the Director. Specifies that if an official elects to make a redeposit in installments: (1) the Director shall require that the first installment payment made shall be in an amount no smaller than the last 18 months of salary deductions or deposits previously returned to such official in a lump-sum payment; and (2) the election to participate shall be effective upon payment of the first such installment. Directs the Comptroller General to: (1) conduct an audit of the judicial survivors annuities program for the three-year period beginning on the date of enactment of this Act; and (2) report to the Congress on the results of such audit, comparing such program to other survivors annuities programs within the Federal Government. Title III: Judicial Financial Administration - Amends the Federal judicial code to provide for the award of filing fees in actions brought by the United States, in which the United States prevails (regardless of whether the Government paid the fee upon commencing the action). Revises provisions with respect to the disposition of filing fees. Provides that: (1) of the amounts paid to the clerk of court as a fee or a judgment for costs, $60 shall be deposited into a special fund of the Treasury to offset funds appropriated for the operation and maintenance of U.S. courts; and (2) if the court authorizes a fee or judgment for costs of less than $120, the entire fee, up to $60, shall be deposited into such fund. Title IV: Jury Matters - Permits prospective jurors in Massachusetts to be selected from the resident list provided for under Massachusetts law, rather than from voter lists. Permits reimbursement of grand jurors' actual reasonable costs of air travel to district court pursuant to a summons, under guidelines set by the Judicial Conference, when travel by other means is not feasible and when certified by the chief judge of the district court in which the grand juror serves. Provides permanent authorization for optional use of a one-step summoning and qualification procedure for jury selection. (Current law provides for experimental use of such procedure.) Title V: Miscellaneous - Amends: (1) the Federal judicial code to permit courts of appeals to pretermit any regular session of court at any place for insufficient business or other good cause without the consent of the Judicial Conference, and to transfer the reporting requirement for fees and expenses under the Equal Access to Justice Act from the Director to the Attorney General; (2) the Financial Institutions Regulatory and Interest Rate Control Act of 1978 to eliminate a duplicative reporting requirement; and (3) the Judicial Improvements Act of 1990 to allow the Federal Judicial Center an additional nine months to submit to the Congress and the Judicial Conference the report on its study of intercircuit conflicts and structural alternatives for the Federal Courts of Appeals. Amends the Federal judicial code to authorize the Director to provide for the sale or disposal of recyclable scrap materials held by any entity within the judicial branch, subject to specified requirements. Specifies that a civil action wherein jurisdiction is founded only on diversity of citizenship may be brought only in specified judicial districts, including one in which the defendants are subject to personal jurisdiction at the time the action is commenced (as under current law) if there is no district in which the action may otherwise be brought. Amends the Civil Justice Reform Act of 1990 to require the Director to transmit to the U.S. district courts a summary of each (currently, each) report on the state of each such court's civil and criminal dockets. Provides for the recovery of costs and fees in the U.S. Court of Veterans Appeals under the Equal Access to Justice Act, subject to specified limitations. Title VI: Judiciary Personnel Administration, Benefits, and Protections - Amends the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) to exempt the Judicial Officers' Retirement Fund, the Court of Federal Claims Judges' Retirement Fund, and payments to the Judiciary Trust Funds from reductions under such Act. Authorizes the Federal Judicial Center to: (1) cooperate with and assist Federal agencies and other appropriate organizations in providing information and advice to further improvement in the administration of justice in the courts of foreign countries and to acquire information about judicial administration in foreign countries; and (2) fix compensation of secretarial and clerical personnel without regard to General Schedule pay rates. Title VII: Criminal Administrative Matters - Directs probation and pretrial services officers: (1) when directed by the court and to the degree required by the regimen of care or treatment ordered by the court as a condition of release, to keep informed as to the conduct and provide supervision of persons conditionally released; and (2) to report any violation of such a condition to the court and Attorney General or his designee. Affords Criminal Justice Act attorneys and experts, and community defender organizations, travel and lodging at Government rates. Title VIII: State Justice Institute Reauthorization - Amends the State Justice Institute Act of 1984 to authorize appropriations for the State Justice Institute for FY 1993 through 1996. Authorizes the Institute, upon application by an appropriate State or local (currently, Federal, State, or local) agency or institution and if the arrangement to be made by such agency or institution will provide services which could not be provided adequately through nongovernmental arrangements, to award a grant or enter into a cooperative agreement or contract with a unit of State or local (currently, Federal, State, or local) government other than a court. (Current law also requires the Institute to give priority to specified grants, cooperative agreements, or contracts.) Grants the Institute the authority to enter into contracts with Federal agencies to carry out the purposes of the Act. Title IX: Court of Federal Claims - Court of Federal Claims Technical and Procedural Improvements Act of 1992 - Amends the Federal judicial code to change the name of the U.S. Claims Court to the U.S. Court of Federal Claims (Claims Court). Extends to Claims Court judges the same treatment afforded to other Federal trial judges with respect to earned military retirement pay. Makes technical and conforming amendments regarding the recall of a senior Claims Court judge. Authorizes: (1) Claims Court judges to hire the same number of law clerks as U.S. district court judges; (2) the Claims Court to hold court throughout the United States, including its territories and possessions (currently, court may only be held in the District of Columbia (DC) and in four locations outside DC); (3) the chief judge of the Claims Court to issue an order authorizing a judge of such court to conduct proceedings in a foreign country whose laws do not prohibit such proceedings, with exceptions; and (4) the Federal Circuit to permit an appeal from an order of the chief judge of the Claims Court with respect to such proceedings. Amends the Contract Disputes Act of 1978 to provide that: (1) if the certification of a claim under such Act is technically defective, a court or agency board of contract appeals may permit the certification to be corrected at any time prior to a final decision by the court of agency board of contract appeals unless the failure to properly certify in the first instance was fraudulent, in bad faith, or with reckless or grossly negligent disregard of the requirements of the relevant statutes or regulations; and (2) if the contracting officer did not challenge the validity of the certification and the court or agency board of contract appeals permits the defective certification to be corrected under such provision, interest shall accrue on the claim from the date the claim was first submitted to the contracting officer. Authorizes the award of costs whenever an action is dismissed in the Claims Court for lack of jurisdiction. Makes applicable to the Claims Court provisions pertaining to costs, witness fees, forma pauperis proceedings, and counsel's liability for excessive costs which are currently applicable to other Federal trial courts. Grants the Claims Court specified power to punish contempt of its authority and to have such assistance in carrying out its orders as is available to other Federal courts. Specifies that the U.S. marshal for any district in which the Claims Court is sitting shall, when requested by the chief judge of such court, attend any session of the court in such district. Title X: Additional Provisions - Amends the Victims of Crime Act of 1984 to repeal provisions regarding: (1) the distribution of excess amounts in the Crime Victims Fund; and (2) time limits on deposits into the Fund. Modifies the formula regarding the availability of funds for expenditure and grant program percentages applicable to the Fund. Amends the Federal criminal code to authorize a district court to direct that information not be collected, verified, or reported on individuals charged with Class A misdemeanors. 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 judgement 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 with respect to jurisdiction and venue for, and limitation of, such civil actions. Title XI: Effective Date - Makes the provisions of this Act effective January 1, 1993, with exceptions. Specifies that all sums expended pursuant to this Act shall be subject to the availability of appropriations.

A bill to control the growth of mandatory spending.

United States · United States Congress · 5 October 1992

Prohibits, beginning with FY 1993 and fiscal years thereafter, the growth in mandatory spending for all programs, except Social Security, from exceeding a level that allows for beneficiary and inflation growth. Prohibits a congressional budget resolution or any bill, resolution, amendment, or conference report from causing mandatory funding from exceeding such level. Requires a three-fifths vote in the House or Senate to waive such prohibition. Requires a sequester in any fiscal year that mandatory spending levels exceed the cap levels.

A bill to reduce the Federal budget deficit by eliminating entitlement and other mandatory payments by the United States to wealthy individuals and large corporations.

United States · United States Congress · 5 October 1992

Reduces the Federal budget deficit by eliminating entitlement and other mandatory payments by the United States to wealthy individuals (with income exceeding $120,000) and large corporations.

MediCORE Health Act of 1992

United States · United States Congress · 5 October 1992

MediCORE Health Act of 1992 - Title I: Eligibility and Enrollment - Makes each legal resident of the United States eligible for CORE SERVICES through a MediCORE card under a State program. Title II: Administration by Federal MediCORE Board - Establishes within the Department of Health and Human Services a Federal MediCORE Board to be responsible for the overall administration of this Act and for the oversight of State compliance with this Act, as well as the development of CORE SERVICES and of specific State guidelines. Requires the Board to: (1) publish and make available to each State a Model MediCORE Administration Manual; and (2) establish and administer the operation of a National Data Bank System with health care data and information. Specifies various health care studies to be conducted by the Board. Requires an annual report to the appropriate congressional committees on the state of the Nation's health care services. Title III: CORE SERVICES - Requires the Board to provide for CORE SERVICES that include: medically necessary services, Medicare services, supplemental benefits, preventive health care services, long-term health, custodial or personal assistance, and catastrophic care. Amends the Child Nutrition Act to authorize appropriations for the special supplemental food program. Title IV: Federal MediCORE Guidelines - Establishes requirements for Federal MediCORE guidelines to be developed and implemented by the Board. Title V: Approval and Oversight of State Programs - Grants approval and oversight authority to the Board over State programs. Title VI: MediCORE Budget - Requires the Board to prepare an annual MediCORE Budget which provides each approved State program with health care revenue sharing payments. Established the MediCORE Trust Fund to make such payments. Provides funding for such Trust Fund through appropriations, the transfer of certain taxes, and the transfer of funds from social security trust funds. Amends the Internal Revenue Code to impose a tax on employees and employers to provide for health care revenue sharing. Imposes a MediCORE tax on individuals. Makes other tax changes to conform to provisions of this Act. Title VII: Preparation and Submission of MediCORE Budget to Congress - Requires the Board to annually submit a MediCORE budget report to the Congress. Title VIII: Effective Date; Repeals; Transition; Relation to ERISA - Establishes the effective date for the MediCORE program. Repeals certain Acts and laws to conform to such program. Authorizes appropriations. Supersedes provisions of the Employee Retirement Income Security Act to the extent inconsistent with this Act.

Congressional Wastebuster Act of 1992

United States · United States Congress · 5 October 1992

Congressional Wastebuster Act of 1992 - Prohibits the amount of budget authority provided to the legislative branch of the United States from exceeding 50 percent of the amount appropriated for FY 1992 in each of FY 1993 through 1997.

National Aeronautics and Space Administration Authorization Act, Fiscal Year 1993

United States · United States Congress · 5 October 1992

National Aeronautics and Space Administration Authorization Act, Fiscal Year 1993 - Title I: Authorization of Appropriations - Authorizes FY 1993 appropriations to the National Aeronautics and Space Administration (NASA) for: (1) research and development; (2) space flight, control, and data communications; (3) construction of facilities; (4) research and program management; and (5) the Inspector General. Requires the Administrator of NASA (Administrator) to: (1) report to the Congress on a New Launch System and expendable launch vehicles; and (2) carry out an Earth Observing System program. Title II: General Provisions - Permits the use of appropriations for research and development and space flight, control, and data communications for certain items of a capital nature (other than land acquisition) required for the performance of research and development contracts and for grants to nonprofit educational and research organizations for construction or purchase of additional research facilities. Prohibits the use of these funds for the construction of any major facility whose estimated cost exceeds a specified amount, unless the Administrator of NASA notifies specified congressional committees. Authorizes the use of certain funds, subject to limitations, for: (1) facilities construction, repair, or modification; (2) unforeseen programmatic facility project needs; (3) repair or modification of facilities controlled by the General Services Administration; and (4) scientific consultations or extraordinary expenses. Authorizes reprogramming of certain funds for: (1) transatmospheric research and technology; and (2) construction of facilities. Permits upward variances of funds for facilities construction under circumstances outlined in this Act. Makes available specified funds for the construction and modification of facilities. Requires the Administrator to notify specified congressional committees of the nature, cost, and reasons for such construction before expending the funds in question. Prohibits, until 30 days following congressional receipt of the Administrator's full explanation, the use of funds appropriated pursuant to this Act for any program that: (1) has been deleted by the Congress; (2) is in excess of the amount actually authorized for the particular program by specified provisions; or (3) has not been presented to either of specified congressional committees. Limits obligation of unauthorized appropriations and requiures related reports to the Congress and the Comptroller General. Requires NASA to submit to the Congress a five-year budget and an estimate of the lifecycle costs associated with each program. Amends the Commercial Space Launch Act to authorize FY 1993 appropriations. Prohibits user fees unless specifically authorized by the Act. Authorizes FY 1993 appropriations: (1) to carry out activities of the National Space Council; and (2) to the Secretary of Commerce for the Office of Space Commerce. Requires: (1) the Administrator to report to the appropriate congressional committees on the single stage rocket technology flight test program; and (2) the National Space Council to report to such committees on a national aerospace transportation technology plan. Declares the sense of the Congress with regard to multilateral scientific cooperation and the Space Agency Forum on International Space Year, including activities by NASA and the National Oceanic and Atmospheric Administration. Repeals provisions of the National Aeronautics and Space Administration Authorization Act, Fiscal Year 1991 authorizing appropriations for the Comet Rendezvous Asteroid Flyby/Cassini mission. Amends the National Science Foundation Act of 1950 to authorize the National Science Foundation to foster the development and use of computer networks in support of research and education. Directs the President to report to the Congress on various opportunities for increased space-related trade and cooperation with the independent states of the former Soviet Union. Authorizes the Office of Space Commerce of the Department of Commerce to conduct trade missions for the purpose of familiarizing U.S. aerospace industry representatives with space-related business opportunities in the independent states. Requires agencies conducting procurement to comply with specified provisions of the Buy American Act. Requires investigation, in meeting NASA's needs for additional facilities, of abandoned and underused buildings, grounds, and facilities in depressed communities. Mandates a study and report to the Congress regarding the extent to which information developed by NASA is brought to market by foreign aerospace firms more quickly than by U.S. companies. Directs the Administrator of the National Oceanic and Atmospheric Administration to: (1) establish an Institute for Aviation Weather Prediction, which shall expand upon the activities of the aviation unit currently at the National Severe Storms Center in Kansas City, Missouri; and (2) provide an opportunity for Center employees to assume comparable Institute duties. Title III: Experimental Program to Stimulate Competitive Research on Space and Aeronautics - Experimental Program to Stimulate Competitive Research on Space and Aeronautics Act - Directs the Administrator to establish an Experimental Program to Stimulate Competitive Research on Space and Aeronautics among eligible States. Obligates funds for program grants. Title IV: High Risk Research and Development Contract Administration - Mandates an assessment of the allocation of risk between the Government and its contractors for future research and development contracts regarding increasing the contractor's risk to conform to contract requirements. Requires development of regulations for the administration of research and development contracts regarding: (1) the use of performance-based contracts; (2) clauses obligating the Government to pay for correction of defects; and (3) cost recovery for defective work. Title V: Commercial Space Competitiveness - Amends the Commercial Space Launch Act to extend through January 1, 2000, the deadline for Government payment of certain launch-related third party claims. Directs the Administrator to establish a commercial space launch voucher demonstration program, which shall expire after September 30, 1995. Authorizes the Secretary of Transportation to make space transportation infrastructure grants. Authorizes appropriations. Directs the Administrator and the Secretary of Defense, in coordination with the Secretary of Transportation, to inventory and identify all U.S.-owned launch support facilities. Authorizes: (1) the Administrator or the Administrator of the National Oceanic and Atmospheric Administration to enter into multiyear anchor tenancy contracts under specified conditions; and (2) use of Government space facilities on a reimbursable basis by non-Federal entities under specified conditions. Amends the National Aeronautics and Space Act to authorize the Administrator to protect from dissemination information developed under Space Act agreements with non-Federal parties for up to five years. Establishes a Commercial Space Achievement Award. Sets forth Award criteria. Title VI: Biomedical Research in Space - Directs the Administrator and the Director of the National Institutes of Health to jointly establish: (1) a biomedical research joint working group; (2) a biomedical research grant program; (3) a biomedical research fellowship program; and (4) a plan to conduct joint biomedical research activities by the republics of the former Soviet Union and the United States. Directs the Administrator to establish a national electronic data archive for biomedical research data obtained from space-based experiments. Directs the Administrator, with the Director of the Federal Emergency Management Agency, the Director of the Office of Foreign Disaster, and the Surgeon General of the United States, to jointly establish an international telemedicine satellite consultation capability to support disaster area emergency medical services. Authorizes appropriations.

Airport and Airway Safety, Capacity, Noise Improvement, and Intermodal Transportation Act of 1992

United States · United States Congress · 5 October 1992

Airport and Airway Safety, Capacity, and Intermodal Transportation Act of 1992 - Title I: Airport and Airway Improvement Act Amendments - Amends the Airport and Airway Improvement Act of 1982 to declare that it is a goal of the United States to develop a national intermodal transportation system. Authorizes appropriations for FY 1993 for airport development and planning projects. Authorizes appropriations for FY 1993 through 1995 for: (1) air navigation facilities; (2) weather reporting services for the Federal Aviation Administration (FAA); (3) FAA operations; and (4) expenses incurred in joint financing of air navigation services and in maintaining air navigation facilities. Authorizes appropriations for FY 1994 to augment the Airway Capital Investment Plan, if the Secretary of Transportation (Secretary) determines it is necessary (including a determination with respect to the establishment of more than 23 area control facilities). Amends the Federal Aviation Act of 1958 to revise the minimum Federal appropriation levels which permit imposition of local airport passenger facility fees on airline passengers. Earmarks a minimum amount of airport development and planning project fnds for FY 1993 and 1994 for site selection and installation of one FAA long-range air route surveillance radar system for the portion of northern Maine currently served by approach control at Loring Air Force Base. Reduces from 49.5 percent to 44 percent the ceiling on the total amount of all such apportionments in the event any Act of Congress has the effect of limiting or reducing the obligational ceiling for the airway improvement program. Extends the special apportionment treatment of Alaskan airports to those public airports in Alaska that received scheduled service as of September 3, 1982, but were not apportioned funds in FY 1980 because they were not under State or local public agency control. Requires not less than 2.25 percent of airport development and planning funds for FY 1993 through FY 1995 be set-aside for development of current and former military airports. Requires the Secretary to designate such airports for participation in such set-aside program. (Currently, the Secretary is required to designate not less than eight the airway improvement program funds available are less than specified amounts. Authorizes the Secretary, in cases where a commercial service airport annually has .05 percent or less of the total enplanements in the United States, to approve, as allowable project costs of an airport development project at such airport, any terminal development in revenue-producing areas and construction, reconstruction, repair, and improvement of nonrevenue-producing parking lots if the sponsor certifies that no project for needed airport development affecting safety, security, or capacity will be deferred by such approval. Sets the Federal share of allowable costs for terminal development at such an airport at 85 percent. Prohibits letters of intent issued by the Secretary from conditioning the obligation of funds for airport development projects on the imposition of a passenger facility charge. Includes as an "airport development" activity the: (1) acquisition or installation at or by a public -use airport of aircraft deicing equipment and structures (other than aircraft deicing fluids and storage facilities for such equipment and fluids) or interactive training systems; (2) relocation of an air traffic control tower and any navigational aid (including radar) if such relocation is necessary to carry out an approved project; (3) construction, reconstruction, repair, or improvement of an airport (or any purchase of capital equipment for an airport), if funded by a grant under the Act, which is necessary for compliance with specified Federal laws, other than construction or purchase of capital equipment which would benefit a revenue-producing area of the airport used by a nonaeronautical business; and (4) acquisition of land for, or work necessary to construct, a pad for deicing aircraft before takeoff at a commercial service airport, including construction or reconstruction of paved areas, drainage collection structures, treatment and discharge systems, appropriate lighting, and paved access for deicing vehicles and aircraft (but excluding acquisition of aircraft deicing equipment and fluids and construction and reconstruction of storage facilities for such equipment and fluids). Requires as a condition precedent to approval of an airport development project: (1) public availability of any report of the airport budget; and (2) specified kinds of public participation in the project. Repeals the requirement for an annual report to the Congress on the national airways system. Includes Alaskan and Hawaiian airports in the coverage of the Act with respeect to passengers enplaned on international flights. Extends the State block grant pilot program for airports through FY 1996. Authorizes the Secretary to designate up to seven (currently, three) qualified States (including Illinois, Missouri, and North Carolina) for participation in such program. Requires airport owners or operators as a condition precedent to approval of a grant for airport development projects to take necessary action to ensure that at least ten percent of businesses at the airport which provide ground transportation, baggage carts, automobile rentals, or other consumer services are small businesses owned and controlled by socially and economically disadvantaged individuals (disadvantaged business enterprises, or DBE's). Authorizes the Secretary to allow an airport owner or operator to meet the ten percent goal by including: (1) businesses operated through management contracts or subcontracts; or (2) the purchase from DBE's goods or services used in a business conducted on the airport provided the airport owner or operator as well as such businesses make good faith efforts to explore all available options to achieve compliance with the DBE goal through direct ownership arrangements, including joint ventures and partnerships. Allows an airport owner or operator, in complying with the DBE goal to: (1) include the revenues of car rental firms on the airport in the base from which the overall percentage goal is calculated; and (2) require a care rental firm to meet goal requirements through the purchase of goods or services from DBE's, including purchases or leaves of vehicles from DBE vendors. Excludes air carriers that provide passenger or freight-carrying services and other business that provide aeronautical activities at an airport from the ten percent goal. Revises the definition of an eligible "disadvantaged business enterprise" to raise the maximum average annual gross receipts permissible from $14,000,000 to $16,015,000. (2) a three-year projection of the number of air traffic controllers needed to operate such system to meet such standards; and (3) a detailed plan for employing such controllers, including projected budget requests. Directs the Administratorr of the FAA to develop and report to specified congressional committees on: (1) the cirteria used to determine the required number of aviation safety inspectors; and (2) a three-year project of the number of inspectors needed, plans for training them, and the support staff needed for the inspector workforce. Prohibits the FAA from entering into any contract on or before September 30, 1994, with a private person for the operation of an airport control tower at any airport which in FY 1990 had 5,500 or more air carrier operations and 40,000 or more air taxi operations unless the airport owner or operator first agrees to the FAA Administrator's entering into such contract. Directs the Administrator of the FAA to study and report to specified congressional committees on: (1) the social, economic, and health effects or airport noise on opulations within 65, 60, and 55 LDN noise areas to determine the actual level at which noise creates an adverse impact on populations; and (2) the effect of single event noise on populations. Directs the Administrator the FAA require, by regulation, procedures to improve safety of aircraft operations during winter conditions. Amends the Federal Aviation Act of 1958 to direct the Administrator of the FAA to update and arrange for publication of clearly defined routes for navigating under visual flight rules through a complex terminal airspace area, and to and from an airport located within such an area. Directs the Secretary to study and report to the Congress on: (1) whether the safety benefits derived from the reflectorization of runways and taxiways of all military airfields under Federal Specification TT-B-1325B should be extended to runways and taxiways of public use airports; (2) the purchase of land for development over five years after purchase (landbanking) and of options to purchase land for airport development, and whether such projects should be funded under the Airport Improvement Program; (3) the current Federal program for monitoring the installation and operation of lighting systems for aircraft obstructions and airport runways; (4) the economic benefits of carrying out airport development projects in "redevelopment areas" under the Public Works and Economic Development Act of 1965; and (5) the ability of airports which annually enplane .05 percent or less of total enplanements in the United States to finance the maintenance of runways, aprons, and taxiways constructed under the Airport Improvement Program. Amends the Airport and Airway Safety and Capacity Expansion Act of 1987 to revise conditions with respect to a release from certain terms and restrictions contained in a certain instrument conveying land on which Laredo International Airport is located to the city of Laredo, Texas. Allows Laredo to grant leases of up to 40 years (currently, 20 years) at below fair market value at the airport. Directs the Administrator of te FAA to study and report: (1) to specified congressional committees on the current and projected need for air traffic control and related services in the airspace around Tucson, Arizona; and (2) to the Congress on increased air traffic over Grand Canyon National Park. Directs the Secretary of Transportation to establish a Civil Tiltrotor Development Advisory Committee to evaluate the technical feasibility and economic viability of developing civil tiltrotor aircraft and a national system of infrastructure to support the incorporation of tiltrotor aircraft technology into the natinal transportation system. Amends the Airport Noise and Capacity Act of 1990 to make technical amendments relating to: (1) exemptions from certain conditions on agreements dealing with airport noise reduction and access restrictions on the operation of Stage 3 aircraft; and (2) purchase contract requirements for the operation of certain imported civil subsonic turbojet aircraft with a maximum weight of over 75,000 pounds. Requires as a condition precedent to approval of an airport development project: (1) public availability of any report of the airport budget; and (2) specified kinds of public participation in the project . traffic capacity at public-use airports. Directs the Secretary of Transportation to study and report to the Congress on whether a municipal solid waste facility located within a file-mile radius of the end of a runway may have the potential for attracting or sustaining bird movements (from feeding, watering, or roosting) that may pose a hazard across the runways or approach and departure patterns of aircraft. Establishes the National Commission to Ensure a Strong Competitive Airline Industry to investigate the financial condition of the airline industry, the adequacy of competition in it, and legal impediment to a financially strong and competitive airline industry. Requires the Commission to submit a specified report to the Congress. Requires the head of each Federal agency conducting procurements to Repeals the requirement for an annual report to the Congress on the national airways system. Includes Alaskan and Hawaiian airports in the coverage of the Act with respect to passengers enplaned on international flights. Amends the Aviation Safety and Capacity Expansion Act of 1990 to extend the prohibition against the fraudulent use of "Made in America" labels on products sold in or shipped to the United States, and against discrimination by foreign governments against U.S. products, to the award of Federal contracts or grants under a specified section of Federal transportation law or the Airport and Airway Improvement Act of 1982. Authorizes the Administrator of the FAA to make grants to up to four vocational technical institutions for acquisition or construction of facilities for the advanced training of maintenance technicians for air carrier aircraft. Sets forth grant eligibility requirements. Authorizes appropriations. Directs the Administrator of the FAA to develop and submit annually to specified congressional committees a report on: (1) the staffing standards used to determine the number of air traffic controllers needed to operate the air traffic control system of the United States; traffic controllers so as to make the controller work force not less than 18,128 on September 30, 1993. Directs the Administrator of the FAA to study and report to specified congressional committees on: (1) the social, economic, and health effects of airport noise on populations within 65, 60, and 55 LDN noise areas to determine the actual level at which noise creates an adverse impact on populations; and (2) the effect of single event noise on populations. Directs the Administrator of the FAA to: (1) increase the employment of aviation safety inspectors to a specified level by the end of FY 1995; (2) require, by regulation, procedures to improve safety of aircraft operations during winter conditions. Amends the Federal Aviation Act of 1958 to direct the Administrator of the FAA to update and arrange for publication of clearly defined routes for navigating under visual flight rules through a complex terminal airspace area, and to and from an airport located within such an area. Authorizes the Secretary to make grants under the Aviation Safety and Noise Abatement Act of 1979 for projects to soundproof residential buildings if specified conditions are met. (currently, 20 years) at below fair market value at the airport. Directs the Administrator of the FAA to study and report: (1) to specified congressional committees on the current and projected need for air traffic control and related services in the airspace around Tucson, Arizona; and (2) to the Congress on increased air traffic over Grand Canyon National Park. Title II: Federal Aviation Act Amendments - Amends the Federal Aviation Act of 1958 to authorize the Administrator of the FAA to enter into a contract, on a sole source basis, with a State or political subdivision to permit it to operate a level I visual flight rules airport traffic control tower if the Administrator determines that such State or political subdivision can comply with certain safety and subcontracting requirements. Authorizes, at the discretion of the Administrator of the FAA, the reimbursement of travel, transportation, and subsistence expenses for the security training of non-Federal domestic and foreign security personnel who contribute to civil aviation security. Requires all persons to give adequate public notice of the establishment or expansion, or the proposed establishment or expansion, of any structure or sanitary landfill where such notice will promote safety in air commerce and preserve the navigable airspace and airport Directs the Secretary of Transportation to study and report to the Congress on whether a municipal solid waste facility located within a five-mile radius of the end of a runaway may have the potential for attracting or sustaining bird movements (from feeding, water, or roosting) that may pose a hazard across the runways or approach and departure patterns of aircraft. Title III: Research, Engineering, and Development - Federal Aviation Administration Research, Engineering, and Development Authorization Act of 1992 - Amends the Airport and Airway Improvement Act of 1982 to authorize FY 1993 and 1994 appropriations for specified areas of airway improvement research, engineering and development, and demonstrations. Directs the Secretary to report to the Congress on the feasibility of requiring commercial airports and/or commercial airlines to employ portable equipment to deice commercial aircraft before takeoff by placing such equipment close to the departure end of the active runway. Requires the Secretary to research to develop new techniques and more efficient fluids and technologies for deicing. Requires the Administrators of the FAA and the National Aeronautics and Space Administration to jointly conduct a research program to develop new technologies for quieter subsonic jet aircraft engines and airframes by the year 2000. Prohibits a person from affixing "Made in America" labels to products that are not domestic products of the United States. Makes any person that violates such prohibition ineligible for the award of a Federal contract. comply with the requirements of the Buy American Act. Title IV: Aviation Insurance - Amends the Federal Aviation Act of 958 to authorize Federal agencies to purchase aviation insurance covering any aircraft engaged in intrastate, interstate, or overseas air commerce for any risk (including war risk) if the aircraft operation is in the performance of an agency contract or is for the transportation of military forces or material on behalf of the United States under an agreement between the United States and a foreign government. Extends the aviation insurance program from FY 1992 through FY 1997. Directs the Comptroller General to review and report to the Congress on the administration of the aviation insurance program during the Persian Gulf conflict in order to determine methods of improving efficiency by reducing the paperwork and time period required for providing such insurance. Title V: Extension of Airport and Airway Trust Fund - Amends the Internal Revenue Code to extend the authority of the Airport and Airway Trust Fund through October 1, 1995. Declares that, in the case of certain taxes imposed before January 1, 1993, the amounts to be appropriated to the Fund shall be determined without regard to any increase in a rate of tax enacted by the Revenue Reconciliation Act of 1990. Authorizes appropriations for FY 1993 and 1994 for: (1) airport development and planning projects; (2) air navigation facilities; (3) weather reporting services for the Federal Aviation Administration (FAA); and (4) FAA operations. Authorizes appropriations for FY 1994 to augment, if the Secretary of Transportation (Secretary) determines it is necessary, the Airway Capital Investment Plan, including a determination with respect to the establishment of more than 23 area control facilities. Amends the Federal Aviation Act of 1958 to revise the minimum Federal appropriation levels which permit imposition of local airport passenger facility fees on airline passengers. Amends the Airport and Airway Improvement Act of 1982 to increase the apportionment of airports which are served by aircraft providing only air cargo (including mail) transportation; and (2) primary airports. Reduces from 49.5 percent to 44 percent the ceiling on thetotal amount of all such apportionments in the event any Act of Congress has the effect of limiting or reducing the obligational ceiling for the airway improvement program. Extends the special apportionment treatment of Alaskan airports to those public airports in Alaska that received scheduled service as of September 3, 1982, but were not apportioned funds in FY 1980 because they were not under State or local public agency control. Requires not less than 2.25 percent of airport development and planning funds for FY 1993 through FY 1995 be set-aside for development of current and former military airports. Increases from eight to 12 the number of current or former military airports the Secretary must set-aside for development grants to improve the national air transportation system. Authorizes a specified amount of discretionary airport development and planning funds for FY 1993 through FY 1995 for construction, improvement, or repair of airport surface parking lots, fuel farms, and utilities at such airports. Requires the Administrator of the FAA, within 30 days after the Secretary of Defense recommends a list of military bases for closure or realignment, to report to the Congress on the effects of any recommendations involving military airbases on local civilian airports and airways, costs of conversion of civilian use, and air traffice control and radar coverage. Raises from 10 percent to 12.5 percent the minimum obligation of apportioned and discretionary funds for airport noise compatibility planning. Authorizes the maximum obligation of the United States for airport development and planning projects for FY 1993 to be increased for an airport (other than a primary airport) by a specified amount. Requires the Secretary to designate such airports for participation in such set-aside program. (Currently, the Secretary is required to designate not less than eight current or former military airports.) Authorizes a specified amount of discretionary airport development and planning funds for FY 1993 and 1994 for construction, improvement, or repair of airport surface parking lots, fuel farms, and utilities at such airports. Requires the Secretary to set-aside not less than an additional 2.5 percent of airport development and planning funds to primary airports for noise compatibility planning if the Secretary finds that one or more units of local government in the areas surrounding such airports have adopted noise control measures likely to ensure land use compatible with such airports. Authorizes the maximum obligation of the United States for airport development and planning projects for FY 1993 to be increased for an airport (other than a primary airport) by a specified amount. Revises the definition of an eligible "disadvantaged business enterprise" to raise the maximum average annual gross receipts permissible from $14,000,000 to $16,015,000. Authorizes the Secretary, in cases where a commercial service airport annually has .05 percent or less of the total enplanements in the United States, to approve, as allowable project costs of an airport development project at such airport, any terminal development in revenue-producing areas and construction, reconstruction, repair, and improvement of nonrevenue-producing parking lots if the Secretary finds that no project for needed airport development affecting safety, security, or capacity will be deferred by such approval. Includes as an "airport development" activity the: (1) relocation of an air traffic control tower if such relocation is necessary to carry out an approved project; and (2) construction, reconstruction, repair, or improvement of an airport (or any purchase of capital equipment for an airport) which is necessary for compliance with specified Federal laws, other than construction or purchase of capital equipment which would benefit a revenue producing area of the airport used by a nonaeronautical business. Authorizes the Administrator of the FAA to make grants to up to four vocational technical institutions for acquisition or construction of facilities for the advanced training of maintenance technicians for air carrier aircraft. Sets forth grant eligibility requirements. Authorizes appropriations. Directs the Administrator of the FAA to develop and submit annually to specified congressional committees a report on: (1) the staffing standards used to determine the number of air traffic control system of the United States; (2) a three-year projection of the number of air traffic controllers needed to operate such system to meet such standards; and (3) a detailed plan for employing such controllers, including projected budget requests. requires the Administrator of the FAA to hire additional air traffic controllers so as to make the controller work force not less than 18,128 on September 30, 1993. Title II: Federal Aviation Act Amendments - Amends the Federal Aviation Act of 1958 to authorize the Administrator of the FAA to enter into a contract, on a sole source basis, with a State or political subdivision to permit it to operate a level I visual flight rules airport traffic control tower if the Administrator determine that such State or political subdivision can comply with certain safety and subcontracting requirements. Authorizes, at the discretion of the Administrator of the FAA, the reimbursement of travel, transportation, and subsistence expenses for security training personnel who contribute to civil aviation security. Requires all persons to give adequate public notice of the establishment or expansion, of any structure or sanitary landfill where such notice will promote safety in air commerce and preserve the navigable airspace and airport traffic capacity at public-use airports. Airport and Airway Safety, Capacity, Noise Improvement and Intermodal Transportation Act of 1992 - Title I: Airport and Airway Improvement Act Amendments - Amends the Airport and Airway Improvement Act of 1982 to declare that it is a goal of the United States to develop a national intermodal transportation system.

Federal Housing Enterprises Financial Safety and Soundness Act of 1992

United States · United States Congress · 2 October 1992

Federal Housing Enterprises Financial Safety and Soundness Act of 1992 - Sets forth congressional findings and definitions. Declares that this Act and the amendments it makes may not be construed: (1) as obligating the Federal Government, either directly or indirectly, to provide any funds to the Federal Home Loan Mortgage Corporation (Freddie Mac), the Federal National Mortgage Association (Fannie Mae), or the Federal Home Loan Banks, or to honor, reimburse, or otherwise guarantee any of their obligations or liabilities; or (2) as implying that any such enterprise or Bank, or any obligations or securities of such an enterprise or Bank, are backed by the full faith and credit of the United States. Title I: Supervision and Regulation of Enterprises - Subtitle A: Financial Safety and Soundness Regulator - Establishes within the Department of Housing and Urban Development (HUD) the Office of Federal Housing Enterprise Oversight, managed by a presidentially appointed Director, who shall ensure that Fannie Mae and Freddie Mac (the enterprises) and their affiliates are adequately capitalized and operating safely. Authorizes the Director to require financial reports from the enterprises in addition to quarterly and annual reports required under specified Acts. Authorizes the Director to establish and collect from the enterprises annual assessments for the reasonable costs and expenses of the Office, including an initial assessment of $1.5 million to cover its start-up costs. Establishes a Federal Housing Enterprises Oversight Fund for the deposit of such assessments. Requires the Director to conduct annual on-site examinations of each enterprise to determine its condition. Authorizes other examinations as necessary. Permits contracting out to specified Federal offices or instrumentalities for examiners. Requires the Director to prohibit the enterprises from paying any officer compensation that is not reasonable and comparable with compensation in other similar businesses involving similar duties, but prohibits the Director from prescribing or setting a specific level or range of compensation. Permits the Director to contract with nationally recognized statistical rating organizations to conduct enterprise reviews. Requires each enterprise to establish a minority outreach program to ensure inclusion in its contracts of minorities and women and businesses owned by them. Requires annual reports by the Director to specified congressional committees. Requires immediate public disclosure of all final orders and agreements, except in certain circumstances. Prohibits the Director and any former officer or employee of the Office, who was compensated at certain levels higher than GS-15 while employed by the Office, from accepting compensation from any enterprise during the two years following separation from the Office. Requires General Accounting Office audits of the Office. Subtitle B: Authority of Secretary - Grants the Secretary of HUD, except for specified authority of the Director of the Office, general regulatory power over each enterprise. Requires the Secretary to require each enterprise to obtain the Secretary's approval for any new program before implementing it. Sets forth approval standards. Directs the Secretary to make mortgage information (except proprietary information) submitted by the enterprises available to the public. Requires annual reports by the Secretary to specified congressional committees, including an annual housing report aggregating and analyzing certain data. Directs the Secretary, by regulation, to impose on the enterprises specified fair housing requirements and prohibitions. Prohibits the public disclosure of proprietary information. Requires the Secretary to establish specified housing goals for each enterprise, including goals for purchase of mortgages on housing for low- and moderate-income families (adjustable annually to meet unaddressed needs of such families for affordable housing), and on housing located in underserved areas (both urban and rural). Sets forth factors to be applied in establishing such goals. Requires the Secretary to monitor and enforce compliance with such goals, establishing guidelines, filing goal failure notices, and requiring (of noncompliant enterprises) submission of housing plans. Prescribes deadlines for approval or disapproval of such housing plans. Authorizes the Secretary to issue cease-and-desist orders, subject to administrative hearings. Provides for judicial review of such orders by the U.S. Court of Appeals for the District of Columbia Circuit. Sets forth civil money penalties for noncompliance with housing plan requirements, ranging from $10,000 to $25,000 for each day of failure. Requires immediate public disclosure of final orders and agreements, except in certain circumstances. Requires the Secretary to issue final regulations implementing this subtitle by a certain deadline. Subtitle C: Miscellaneous Provisions - Amends Federal law to make certain amendments conforming to this title. Amends the Department of Housing and Urban Development Act to prohibit the Secretary from merging or consolidating the Office of Federal Housing Enterprise Oversight, or any of its functions or responsibilities, with any function or program the Secretary administers. Requires each of the enterprises to review and report to the Secretary and specified congressional committees on its underwriting guidelines, examining: (1) the extent to which they prevent or inhibit the purchase or securitization of mortgages for housing located in mixed-use, urban center, and predominantly minority neighborhoods and for housing for low- and moderate-income families; (2) the standards employed by private mortgage insurers and the extent to which they inhibit such purchases or securitizations; and (3) the implications of implementing underwriting standards that establish a downpayment requirement for mortgagors of five percent or less, allow the use of cash on hand as a downpayment source, and approve borrowers with a credit history of delinquencies if the borrower can demonstrate a satisfactory credit history for at least the 12 months ending on the date of the mortgage application. Directs the Comptroller General, the Secretary of HUD, the Secretary of the Treasury, and the Director of the Congressional Budget Office each to study and report to specified congressional committees on the desirability and feasibility of repealing the Federal charters of Fannie Mae and Freddie Mac, eliminating any Federal sponsorship of them, and allowing them to continue to operate as fully private entities. Requires each study to examine the effects of privatization on specified requirements, markets, and other factors. Title II: Requires Capital Levels for Enterprises and Special Enforcement Powers - Requires the Director to establish by regulation a risk-based capital test for the enterprises. Requires such test, when applied to an enterprise, to determine the amount of regulatory capital sufficient for the enterprise to maintain positive capital during a ten-year period ("stress period") in which specified circumstances occur with respect to credit risk, interest rate risk, and new enterprise business. Requires the minimum capital level for each enterprise to be the sum of: (1) 2.5 percent of its aggregate on-balance sheet assets; (2) 0.45 percent of the unpaid principal balance of outstanding mortgage-backed securities and substantially equivalent instruments issued or guaranteed by it that are not included in (1); and (3) 0.45 percent of other off-balance sheet obligations not included in (2) (excluding certain commitments), adjusted to reflect differences in the credit risk of such obligations in relation to the instruments included in (2). Requires the critical capital level for each enterprise to be the sum of: (1) 1.25 percent of the aggregate on-balance sheet assets of the enterprise; (2) 0.25 percent of the unpaid principal balance of outstanding mortgage-backed securities and substantially equivalent instruments issued or guaranteed by it that are not included in (1); and (3) 0.25 percent of other off-balance sheet obligations not included in (2) (excluding certain commitments), adjusted to reflect differences in the credit risk of such obligations in relation to the instruments included in (2). Requires the Director to classify the enterprises as adequately capitalized (maintaining total capital equal to or exceeding the established risk-based capital level, and core capital equal to or exceeding the established minimum capital level), undercapitalized, significantly undercapitalized, or critically undercapitalized. Authorizes the Director to lower an enterprise's capital classification upon determining that the enterprise is engaging in unapproved conduct that could result in a rapid depletion of core capital or that the value of property subject to mortgages held or securitized by the enterprise has decreased significantly. Requires the Director to determine capital classifications quarterly. Sets forth the contents of capital restoration plans. Subjects the Director's actions to judicial review. Requires the Director to conduct an annual financial condition examination of each enterprise. Requires undercapitalized and significantly undercapitalized enterprises to submit capital restoration plans to the Director and, after approval, carry them out. Prohibits such enterprises from making any capital distribution that would result in a lower classification. Authorizes the Director, in the event an enterprise fails to submit a substantially compliant plan or make reasonable good-faith efforts to comply with an approved plan, to: (1) reclassify an undercapitalized enterprise as significantly undercapitalized, or a significantly undercapitalized enterprise as critically undercapitalized; and (2), with respect to significantly undercapitalized enterprises, limit increases in obligations, limit or prohibit asset growth, restrict certain activities, require new capital, and (in certain circumstances) appoint a conservator. Requires the Director to appoint a conservator for a critically undercapitalized enterprise, unless to do so would have serious adverse effects on economic conditions of national financial markets or on the financial stability of the housing finance market, and the public interest would be better served by some other enforcement action. Requires written notification of an enterprise before any proposed discretionary enforcement action may be taken. Grants such an enterprise a 30-day period in which to respond to such a notice, although this response period may be lengthened or shortened. Provides a procedure for the appointment of a conservator, judicial review of such appointment, and termination of a conservatorship. Specifies the powers of a conservator, and provides for errors or omissions liability protection. Specifies the general contents of a capital restoration plan, requiring restoration of an enterprise's core capital to at least its minimum capital level and its total capital to at least its risk-based capital level. Provides for judicial review of certain classifications or supervisory enforcement actions by the U.S. Court of Appeals for the District of Columbia Circuit. Title III: Enforcement Actions - Sets forth general procedures for: (1) issuing temporary and permanent cease-and-desist orders against enterprises; (2) hearings; (3) judicial review; (4) civil money penalties; (5) notice after separation from service; (7) private rights of action; and (8) public disclosure of final orders and agreements. Title IV: Amendments to Charter Acts of Enterprises - Makes conforming amendments to the Federal National Mortgage Association Charter Act and the Federal Home Loan Mortgage Corporation Act. Requires establishment of an Affordable Housing Advisory Council in each enterprise. Title V: Regulation of Federal Home Loan Bank System - Amends the Federal Home Loan Bank Act to declare that: (1) the primary duty of the Federal Housing Finance Board is to ensure that the Federal Home Loan Banks operate in a financially safe and sound manner; (2) all Board directors shall serve on a full-time basis beginning January 1, 1994; and (3) the aggregate amount of advances permissible by the Federal Home Loan Bank System to members that are not qualified thrift lenders shall not exceed 30 percent of the System's total advances. Declares that an otherwise qualified advance to a State housing finance agency to facilitate mortgage lending that benefits individuals and families meeting certain income requirements (with respect to mortgage revenue bonds and qualified residential rental project exempt facility bonds) need not be collateralized by a mortgage insured under the National Housing Act or otherwise, if any real estate collateral for such loan comprises single family or multifamily residential mortgages. Requires the Federal Housing Finance Board, the Comptroller General of the United States, the Director of the Congressional Budget Office, and the Secretary to study and report to the Congress on specified aspects of the Federal Home Loan Bank System. Requires the Secretary of the Treasury and certain Federal agencies to submit opinions to the Congress to the extent that their views differ from those of the study participants. Requires the Federal Home Loan Banks to set up a Study Committee to study and report to specified congressional committees, the Federal Housing Finance Board, and the presidents of the Federal Home Loan Banks on the same topics covered by the above study, as well as the costs and benefits of consolidating the Federal Home Loan Bank System. Requires the Board of Directors of each Federal Home Loan Bank to report to such congressional committees their evaluation of the costs and benefits of such consolidation.

Airport and Airway Safety, Capacity, Noise Improvement, and Intermodal Transportation Act of 1992

United States · United States Congress · 2 October 1992

Airport and Airway Safety, Capacity, Noise Improvement and Intermodal Transportation Act of 1992 - Title I: Airport and Airway Improvement Act Amendments - Amends the Airport and Airway Improvement Act of 1982 to declare that it is a goal of the United States to develop a national intermodal transportation system. Authorizes appropriations for FY 1993 through 1995 for: (1) airport development and planning projects; (2) air navigation facilities; (3) weather reporting services for the Federal Aviation Administration (FAA); (4) FAA operations; and (5) expenses incurred in joint financing of air navigation services and in maintaining air navigation facilities. Authorizes appropriations for FY 1994 to augment the Airway Capital Investment Plan, if the Secretary of Transportation (Secretary) determines it is necessary (including a determination with respect to the establishment of more than 23 area control facilities). Amends the Federal Aviation Act of 1958 to revise the minimum Federal appropriation levels which permit imposition of local airport passenger facility fees on airline passengers. Amends the Airport and Airport Improvement Act of 1982 to increase the apportionment of airport development and planning funds for: (1) airports which are served by aircraft providing only air cargo (including mail) transportation; and (2) primary airports. Reduces from 49.5 percent to 44 percent the ceiling on the total amount of all such apportionments in the event any Act of Congress has the effect of limiting or reducing the obligational ceiling for the airway improvement program. Extends the special apportionment treatment of Alaskan airports to those public airports in Alaska that received scheduled service as of September 3, 1982, but were not apportioned funds in FY 1980 because they were not under State or local public agency control. Requires not less than 2.25 percent of airport development and planning funds for FY 1993 through FY 1995 be set-aside for development of current and former military airports. Requires the Secretary to designate such airports for participation in such set-aside program. (Currently, the Secretary is required to designate not less than eight current or former military airports.) Authorizes a specified amount of discretionary airport development and planning funds for FY 1993 through FY 1995 for construction, improvement, or repair of airport surface parking lots, fuel farms, and utilities at such airports. Raises from 10 percent to 15 percent the minimum obligation of apportioned and discretionary funds for airport noise compatibility planning, but reduces it to 12.5 percent in FY 1994 and 1995 if the airway improvement program funds available are less than specified amounts. Authorizes the maximum obligation of the United States for airport development and planning projects for FY 1993 to be increased for an airport (other than a primary airport) by a specified amount. Authorizes the Secretary, in cases where a commercial service airport annually has .05 percent or less of the total enplanements in the United States, to approve, as allowable project costs of an airport development project at such airport, any terminal development in revenue-producing areas and construction, reconstruction, repair, and improvement of nonrevenue-producing parking lots if the sponsor certifies that no project for needed airport development affecting safety, security, or capacity will be deferred by such approval. Sets the Federal share of allowable costs for terminal development at such an airport at 85 percent. Prohibits letters of intent issued by the Secretary from conditioning the obligation of funds for airport development projects on the imposition of a passenger facility charge. Includes as an "airport development" activity the: (1) acquisition or installation at or by a public -use airport of aircraft deicing equipment and structures (other than aircraft deicing fluids and storage facilities for such equipment and fluids); (2) relocation of an air traffic control tower and any navigational aid (including radar) if such relocation is necessary to carry out an approved project; (3) construction, reconstruction, repair, or improvement of an airport (or any purchase of capital equipment for an airport) which is necessary for compliance with specified Federal laws, other than construction or purchase of capital equipment which would benefit a revenue-producing area of the airport used by a nonaeronautical business; and (4) acquisition of land for, or work necessary to construct, a pad for deicing aircraft before takeoff at a commercial service airport, including construction or reconstruction of paved areas, drainage collection structures, treatment and discharge systems, appropriate lighting, and paved access for deicing vehicles and aircraft (but excluding acquisition of aircraft deicing equipment and fluids and construction and reconstruction of storage facilities for such equipment and fluids). Requires as a condition precedent to approval of an airport development project: (1) public availability of any report of the airport budget; and (2) specified kinds of public participation in the project. Repeals the requirement for an annual report to the Congress on the national airways system. Includes Alaskan and Hawaiian airports in the coverage of the Act with respect to passengers enplaned on international flights. Extends the State block grant pilot program for airports through FY 1996. Authorizes the Secretary to designate up to seven (currently, three) qualified States (including Illinois, Missouri, and North Carolina) for participation in such program. Amends the Aviation Safety and Capacity Expansion Act of 1990 to extend the prohibition against the fraudulent use of "Made in America" labels on products sold in or shipped to the United States, and against discrimination by foreign governments against U.S. products, to the award of Federal contracts or grants under a specified section of Federal transportation law or the Airport and Airway Improvement Act of 1982. Authorizes the Administrator of the FAA to make grants to up to four vocational technical institutions for acquisition or construction of facilities for the advanced training of maintenance technicians for air carrier aircraft. Sets forth grant eligibility requirements. Authorizes appropriations. Directs the Administrator of the FAA to develop and submit annually to specified congressional committees a report on: (1) the staffing standards used to determine the number of air traffic controllers needed to operate the air traffic control system of the United States; (2) a three-year projection of the number of air traffic controllers needed to operate such system to meet such standards; and (3) a detailed plan for employing such controllers, including projected budget requests. Requires the Administrator of the FAA to hire additional air traffic controllers so as to make the controller work force not less than 18,128 on September 30, 1993. Prohibits the FAA from entering into any contract on or before September 30, 1994, with a private person for the operation of an airport control tower at any airport which in FY 1990 had 5,500 or more air carrier operations and 40,000 or more air taxi operations unless the airport owner or operator first agrees to the FAA Administrator's entering into such contract. Directs the Administrator of the FAA to study and report to specified congressional committees on: (1) the social, economic, and health effects of airport noise on populations within 65, 60, and 55 LDN noise areas to determine the actual level at which noise creates an adverse impact on populations; and (2) the effect of single event noise on populations. Directs the Administrator of the FAA to: (1) increase the employment of aviation safety inspectors to a specified level by the end of FY 1995; and (2) require, by regulation, procedures to improve safety of aircraft operations during winter conditions. Amends the Federal Aviation Act of 1958 to direct the Administrator of the FAA to update and arrange for publication of clearly defined routes for navigating under visual flight rules through a complex terminal airspace area, and to and from an airport located within such an area. Directs the Secretary to study and report to the Congress on: (1) whether the safety benefits derived from the reflectorization of runways and taxiways of all military airfields under Federal Specification TT-B-1325B should be extended to runways and taxiways of public use airports; (2) the purchase of land for development over five years after purchase (landbanking) and of options to purchase land for airport development, and whether such projects should be funded under the Airport Improvement Program; (3) the current Federal program for monitoring the installation and operation of lighting systems for aircraft obstructions and airport runways; (4) the economic benefits of carrying out airport development projects in "redevelopment areas" under the Public Works and Economic Development Act of 1965; and (5) the ability of airports which annually enplane .05 percent or less of total enplanements in the United States to finance the maintenance of runways, aprons, and taxiways constructed under the Airport Improvement Program. Authorizes the Secretary to make grants under the Aviation Safety and Noise Abatement Act of 1979 for projects to soundproof residential buildings if specified conditions are met. Amends the Airport and Airway Safety and Capacity Expansion Act of 1987 to revise conditions with respect to a release from certain terms and restrictions contained in a certain instrument conveying land on which Laredo International Airport is located to the city of Laredo, Texas. Allows Laredo to grant leases of up to 40 years (currently, 20 years) at below fair market value at the airport. Directs the Administrator of the FAA to study and report: (1) to specified congressional committees on the current and projected need for air traffic control and related services in the airspace around Tucson, Arizona; and (2) to the Congress on increased air traffic over Grand Canyon National Park. Title II: Federal Aviation Act Amendments - Amends the Federal Aviation Act of 1958 to authorize the Administrator of the FAA to enter into a contract, on a sole source basis, with a State or political subdivision to permit it to operate a level I visual flight rules airport traffic control tower if the Administrator determines that such State or political subdivision can comply with certain safety and subcontracting requirements. Authorizes, at the discretion of the Administrator of the FAA, the reimbursement of travel, transportation, and subsistence expenses for the security training of non-Federal domestic and foreign security personnel who contribute to civil aviation security. Requires all persons to give adequate public notice of the establishment or expansion, or the proposed establishment or expansion, of any structure or sanitary landfill where such notice will promote safety in air commerce and preserve the navigable airspace and airport traffic capacity at public-use airports. Directs the Secretary of Transportation to study and report to the Congress on whether a municipal solid waste facility located within a five-mile radius of the end of a runaway may have the potential for attracting or sustaining bird movements (from feeding, water, or roosting) that may pose a hazard across the runways or approach and departure patterns of aircraft. Establishes the National Commission to Ensure a Strong Competitive Airline Industry to investigate the financial condition of the airline industry, the adequacy of competition in it, and legal impediment to a financially strong and competitive airline industry. Requires the Commission to submit a specified report to the Congress. Title III: Research, Engineering, and Development - Federal Aviation Administration Research, Engineering, and Development Authorization Act of 1992 - Amends the Airport and Airway Improvement Act of 1982 to authorize FY 1993 and 1994 appropriations for specified areas of airway improvement research, engineering and development, and demonstrations. Directs the Secretary to report to the Congress on the feasibility of requiring commercial airports and/or commercial airlines to employ portable equipment to deice commercial aircraft before takeoff by placing such equipment close to the departure end of the active runway. Requires the Secretary to research to develop new techniques and more efficient fluids and technologies for deicing. Requires the Administrators of the FAA and the National Aeronautics and Space Administration to jointly conduct a research program to develop new technologies for quieter subsonic jet aircraft engines and airframes by the year 2000. Prohibits a person from affixing "Made in America" labels to products that are not domestic products of the United States. Makes any person that violates such prohibition ineligible for the award of a Federal contract. Requires the head of each Federal agency conducting procurements to comply with the requirements of the Buy American Act. Title IV: Aviation Insurance - Amends the Federal Aviation Act of 958 to authorize Federal agencies to purchase aviation insurance covering any aircraft engaged in intrastate, interstate, or overseas air commerce for any risk (including war risk) if the aircraft operation is in the performance of an agency contract or is for the transportation of military forces or material on behalf of the United States under an agreement between the United States and a foreign government. Extends the aviation insurance program from FY 1992 through FY 1997. Directs the Comptroller General to review and report to the Congress on the administration of the aviation insurance program during the Persian Gulf conflict in order to determine methods of improving efficiency by reducing the paperwork and time period required for providing such insurance. Title V: Extension of Airport and Airway Trust Fund - Amends the Internal Revenue Code to extend the authority of the Airport and Airway Trust Fund through October 1, 1995. Declares that, in the case of certain taxes imposed before January 1, 1993, the amounts to be appropriated to the Fund shall be determined without regard to any increase in a rate of tax enacted by the Revenue Reconciliation Act of 1990.

Taxpayer Debt Buy-Down Act

United States · United States Congress · 2 October 1992

Taxpayer Debt Buy-Down Act - Amends the Internal Revenue Code to allow individuals with adjusted income tax liability to designate on their tax returns that a portion of such liability (not to exceed ten percent) be used to reduce the public debt. Establishes a Public Debt Reduction Trust Fund for the deposit of designated amounts. Makes amounts in such Trust Fund available only to pay at maturity, or to redeem or buy before maturity, any obligation of the Federal Government included in the public debt. Prohibits the reissuance of any obligation which is paid, redeemed, or bought with amounts from the Trust Fund. Amends the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) to provide for the sequestration of amounts designated to the Trust Fund. Specifies accounts exempt from such sequestration. Includes aggregated amounts designated to the Trust Fund and amounts sequestered to reduce the public debt in sequestration preview and final reports.

projet de loi de finances pour 1993

France · Senate · 1 October 1992

Computer Security Act Amendments of 1992

United States · United States Congress · 1 October 1992

Computer Security Act Amendments of 1992 - Amends the Computer Security Act of 1987 to require agency heads to report to specified congressional committees on attempts by unauthorized users to access Federal computer systems. Requires a report by the Office of Management and Budget (OMB) assessing Government computer security. Requires agency heads to: (1) audit multiuser Federal computer systems; and (2) designate and train a system manager for each multiuser system, who shall inspect and report on the security state, including passwords, of the system. Requires OMB to promulgate regulations establishing standards for computer security reports.

21st Century Health Care Act

United States · United States Congress · 1 October 1992

21st Century Health Care Act - Title I: Eligibility and Enrollment - Entitles every U.S. resident who is a citizen, national, or lawful resident alien to health care coverage purchased through a health insurance purchasing cooperative (HIPC) created under this Act in their State of primary residence. Authorizes the National Health Care Board created in this Act to also make eligible for health care services such nonimmigrant aliens and other individuals as the Board considers appropriate. Requires such State to provide a mechanism for the enrollment of individuals entitled to health benefits purchased through a HIPC, as well as the issuance of a State health insurance card for use in identification and claims processing. States that each State HIPC program: (1) shall not impose a minimum residency requirement for entitlement in excess of three months; (2) shall provide continuation of services for individuals moving to another State until a minimum period of residency is established in the latter State; and (3) shall provide for the payment of health care services to individuals temporarily absent from the State. Requires the Board to issue regulations to provide for the transition of the Federal Employees Health Benefits Program to the health benefits program established under this Act. Title II: Managed Competition in Health Plans - Subtitle A: National Health Care Board - Establishes a National Health Care Board to: (1) establish and oversee the various responsibilities for the Health Outcomes Management Standards Board, the Health Benefits Standards Board, the Health Insurance Standards Board, the Medicare Transition Board, and the National Health Data System (all created under this Act); (2) establish a uniform data system to designate qualified HIPCs and carriers; (3) determine and implement a system for the collection of relevant health outcomes data; (4) determine and revise minimum benefit requirements of a qualified health benefits plan; (5) establish a program for low-income assistance, including premium and cost-sharing assistance; (6) establish an assistance program for individuals employed by small businesses; and (7) make written recommendations at least annually to the Secretary of Health and Human Services and the States with respect to the planning, development, and implementation of all components of the National Health Insurance Data System established under this Act. Requires the Board to provide for the initial organization of a Health Outcomes Management Standards Board (Outcomes Board) to make recommendations to the Board concerning: (1) the establishment of a national data system for patient outcomes and other quality measures; (2) the standards for information collection and reporting from Accountable Health Plans (AHPs); and (3) oversight of data centers and data evaluation. Provides funding to the Outcomes Board through establishment of an annual registration fee for AHPs. Requires the Board to provide for the initial organization of a Health Benefits Standards Board (Benefits Board) to make recommendations to the Board concerning: (1) the uniform set of effective benefits; (2) effective services for such benefits; and (3) auditing standards to ensure the accuracy of information collected from AHPs. Provides funding to the Benefits Board through an annual AHP registration fee. Requires the Board to provide for the initial organization of a Health Insurance Standards Board (Insurance Board) to make recommendations to the Board concerning the standards for AHPs and HIPCs, and the treatment of uniform effective health benefits and expenses in excess of accountable health plan costs. Requires the Insurance Board to also ensure the financial viability of AHPs and resolve conflicts between AHPs and consumers in the delivery of the uniform set of effective benefits. Provides funding to the Insurance Board through an annual AHP registration fee. Requires the Board to provide for the initial organization of a Medicare Transition Board (Transition Board) to make recommendations to the Congress concerning the integration of the Medicare health program with the health program established under this Act. Provides funding to the Transition Board through an annual AHP registration fee. Directs the Board to: (1) register AHPs that meet standards provided under this Act; (2) establish rules for the process of risk-adjustment of premiums among AHPs by HIPCs; (3) establish standards for the periodic reporting by AHPs of information on clinical health outcomes, status, well-being, plan satisfaction of enrolled individuals, health care expenditures, and volumes and prices of procedures; (4) analyze all information so reported; (5) provide for the distribution of its analysis on individual AHPs; (6) publish annual reports on collected information; and (7) distribute related information as appropriate. Provides procedural rules governing congressional consideration of Board actions, requiring specific disapproval by joint resolution in order to overturn such actions. Subtitle B: Health Insurance Purchasing Cooperatives - Requires each State to provide for the establishment as a not-for-profit corporation of a health insurance purchasing cooperative (HIPC) to implement a State coordinated buying program under specified procedures. Outlines HIPC requirements. Requires each HIPC to be governed by a Board of Directors to oversee the functioning of all HIPCs within such State, provide expertise, coordinate HIPC activities among districts, and resolve disputes arising in the implementation of this Act. Requires each HIPC to: (1) enter into agreements with AHPs and employers; (2) enroll individuals under AHPs; (3) receive and forward adjusted premiums for plan enrollment; (4) coordinate with other HIPCs; (5) engage in education and outreach efforts to inform the public about the HIPC coordinated buying program; (6) solicit bids and negotiate with AHPs to make available health benefit plans through the coordinated buying program and one or more HIPCs; and (7) prepare and disseminate the documentation required by Federal agencies to certify participation in the coordinated program. Provides similar local district activities of HIPCs. Outlines provisions concerning the agreement entered into between each HIPC and AHP, including agreement termination, offer of enrollment to individuals at applicable premium rates, and payment and receipt of premiums. States that each AHP retains the risk of nonpayment by enrolled individuals. Requires each HIPC to offer eligible individuals the opportunity to enroll in an AHP for the HIPC area in which such individual resides. Outlines provisions concerning the enrollment process, as well as the periods of coverage for the initial, general, and special enrollment periods. Provides for the receipt of premiums by a HIPC and the forwarding of such premiums to the AHP providing the health services, after the taking by the HIPC of a specified percentage to cover overhead expenses. Requires the Board to establish rules for coordination among HIPCs in cases where under an agreement with a HIPC eligible individuals are enrolled by an employer located in one State and the employees reside in a different State. Subtitle C: Accountable Health Plans - Part 1: Requirements for Accountable Health Plans - Requires the Board to provide a process whereby a health plan may be registered with the Board by its sponsor as an accountable health plan (AHP). Requires an AHP, in order to be eligible for registering, to: (1) provide for coverage of the uniform set of effective benefits specified by the Board; (2) provide for the collection and reporting to the Board of information concerning enrollees and the provision of services; (3) not discriminate in enrollment or benefits; (4) establish standard premiums for the uniform set of effective benefits; (5) meet financial solvency requirements; and (6) provide for effective grievance procedures and restrict certain physician incentive plans. Requires each AHP to also provide for the imposition of uniform cost-sharing (deductibles and coinsurance). Requires each AHP to provide at least annually to its HIPC necessary information to evaluate AHP cost and performance in meeting the needs of its enrollees. Prohibits an AHP from denying, limiting, or conditioning the coverage under its plan based on the health status, claims experience, receipt of health care, medical history, or lack of evidence of insurability of an individual. Allows an AHP to exclude coverage for a previous condition, but limits such exclusion to six months. Requires each AHP to establish standard premiums, for individual and family coverage, for the uniform set of effective benefits within each HIPC area in which the plan is offered. Provides with respect to each AHP: (1) financial solvency requirements; (2) grievance procedures; and (3) the acceptance of information electronically from the Board on the eligibility of individuals for low-income and small business assistance. Part 2: Preemption from State Laws for Accountable Health Plans - Preempts any State law which is different from the uniform set of effective benefits established by the Board under this Act, as well as any State law restricting network plans or utilization review programs. Subtitle D: Treatment of Areas of Ineffective Competition - Requires the Board, if it determines that there is ineffective price competition in the provision of health services within the uniform set of effective benefits in an area of a State, to authorize the State HIPC to establish reimbursement benchmarks to be used in the determination of rates to be charged by providers of services in such area until the Board finds that effective price competition exists. Subtitle E: Definitions - Provides definitions. Title III: Uniform Effective Health Benefits - Requires the Board to annually specify the uniform set of effective benefits for the next fiscal year to apply in all States. Requires such benefits to include the full range of legally authorized treatments for conditions, but allows for the exclusion of benefits for services and items that the Board determines have not been shown to reasonably improve or significantly ameliorate a health condition. Requires specific treatments, procedures, and care to be left up to the individual AHP. Provides for the inclusion and exclusion of specified services within the uniform set of effective benefits. Requires the Board to entitle every eligible individual under an AHP to payment for such covered services. Title IV: Application of Antitrust Laws - Exempts from the antitrust laws the action of two or more hospitals negotiating a proposed agreement to share expensive medical services or high technology equipment. Requires, for such exemption, such hospitals to submit an application to the Board describing the particulars of such agreement, Board approval, and Board issuance of a waiver from the antitrust laws for such agreement. Allows the revocation of such waiver in specified circumstances. Title V: Cost Control and Financing - Subtitle A: Health Budgets - Requires the Board to: (1) establish an annual fiscal year budget of expenditures; (2) compute the national average per capita cost for each of the health care services included in the expenditures; (3) designate a series of risk groups, by age, sex, and other factors, for health care services and costs; (4) develop for each State HIPC a factor to adjust the national average per capita costs for each risk group; (5) determine total projected expenditures for each State HIPC for each covered health service; (6) determine the appropriate Federal contribution for each State for total projected expenditures; and (7) make appropriate subsequent calculations to adjust the budgets, estimates, and contributions. Requires each State to raise the revenues necessary to cover its share specified in the national health budget established by the Board. Subtitle B: Funding - Directs the Board to develop a mechanism for determining and collecting revenues to fund Federal contributions, which shall be approved or disapproved under congressional joint resolution procedures. Amends the Public Health Service Act to impose on any employer a civil penalty equal to 34 percent of the excess health plan expenses of such employer. Defines the excess health plan expenses as those not covered under an AHP or paid to a HIPC for coverage under an AHP. Prohibits the amount of employer contribution from varying based on the AHP selected. Outlines employer obligations with respect to the enrollment of eligible individuals in an AHP through a State HIPC. Provides civil penalties for failing to meet such obligations. Establishes the National Health Care Trust Fund and appropriates to the Fund all of the premiums received by the Board for coverage under an AHP, along with any penalties collected. Requires each State to establish a funding program for the implementation of the State HIPC program in that State, requiring each program to include the enrollment and standard premium financing required under this Act. Entitles each State with an HIPC program approved by the Board to its appropriate per capita funding from the Board for implementation of the AHP.

Comprehensive Budget Process Reform Act of 1992

United States · United States Congress · 1 October 1992

Comprehensive Budget Process Reform Act of 1992 - Title I: Balanced Budget with Enforcement; Mandatory Consideration of President's Budget - Amends the Congressional Budget Act of 1974 to revise the Federal and congressional budget processes by establishing a two-year budgeting and appropriations cycle and timetable, beginning in the 103d Congress. Defines the budget biennium as the two consecutive fiscal years beginning on October 1 of any odd-numbered year. Title II: Biennial Budget - Devotes the first session of any Congress to the budget resolution and to appropriations decisions, retaining current deadlines in most cases. Changes relevant deadlines as follows to conform to the biennial scheme: (1) from April 1 to March 31 for the Senate Budget Committee's report on the concurrent resolution on the budget; (2) from June 15 to September 30 for completion of congressional action on reconciliation legislation; and (3) from June 30 to September 30 for completion of congressional action on appropriations bills. Adds the reporting dates for OMB to report on the surplus/deficit. Devotes each second session to authorization activity, subject to deadlines of: (1) May 15 for the submission of the Congressional Budget Office (CBO) report to the Budget Committees; (2) OMB surplus/deficit reporting dates; and (3) the last day of the session for completion of congressional action on bills and resolutions authorizing new budget authority for the next biennium. Changes from January 15 to February 15 of each year the date by which the CBO Director must submit to the Congress a report on authorizations. Requires the Director of the CBO to issue four-year projections of congressional budget action. (Current projections are on a five-year basis.) Amends provisions relating to the reconciliation process to: (1) increase from 20 to 100 hours the time of debate permitted in the Senate with respect to reconciliation measures; and (2) make it out of order in both the House and the Senate to consider any reconciliation legislation changing any provision of law other than one relating to new budget or spending authority, revenues, or the public debt limit. Revises the extent of projections to be included in CBO analyses of reported bills. Conforms provisions governing the President's budget to the biennial framework. Directs the heads of Federal executive agencies, the Comptroller General, and the Directors of the Congressional Budget Office, the Office of Technology Assessment, and the Congressional Research Service to provide studies, analyses, reports, and other documentation concerning program administration to assist the standing committees of the House and the Senate having jurisdiction over the programs in question. Amends the Rules of the House of Representatives to conform to the biennial framework. Title III: Unified Operating and Capital Budget - Amends Federal law to require that the budget the President submits to the Congress be a unified budget comprising an operating budget and a capital budget, each presented separately for total funds, Federal funds, and trust funds. Restricts the capital budget to the major activities, projects, and programs supporting the acquisition, construction, alteration, and rehabilitation of capital assets. Includes all other items in the operating budget. Directs the Comptroller General to review and report to the Congress, as necessary, on the implementation of this Act. Requires the following reports to the House Committee on Public Works and Transportation and the Senate Committee on Environment and Public Works on capital activities and operating activities associated with: (1) roadways and bridges, airports and airway facilities, and mass transportation systems; (2) waste water treatment and related facilities; (3) water resource projects; and (4) public buildings. Requires OMB to promulgate regulations requiring: (1) each department and agency to establish standards to compare the advantages and disadvantages of leasing versus purchasing any proposed real estate or equipment with a cost in excess of $10 million; and (2) the completion of such analysis before any purchase or lease is made. Title IV: Sunset Authority - Subtitle A: Reauthorization of Government Programs - Requires each Government program to be reauthorized at least once during each sunset reauthorization cycle. (Sunset reauthorization cycle means the period of five Congresses beginning with the 103d Congress and with each sixth Congress following the 103d Congress.) Sets forth the procedure in the House of Representatives and the Senate for the consideration of any legislation which authorizes new budget authority. Exempts from the requirements of this Act specified items, such as interest on Federal debts, certain programs related to the administration of the Federal judiciary, and certain payments of refunds of internal revenue collections. Expresses the sense of the Congress that all programs should be considered and reauthorized in program categories which constitute major areas of legislative policy. Provides for such reauthorizations. Subtitle B: Program Inventory - Directs the Comptroller General and the Director of the Congressional Budget Office, in cooperation with the Director of the Congressional Research Service, to prepare an inventory of Federal programs. Declares that the purpose of such program inventory is to advise and assist the Congress in carrying out reauthorization and reexamination requirements and to link such reauthorization and review process with the budget process. Requires the Comptroller General to submit such program inventory to each House of Congress no late than January 1, 1993. Directs the congressional committees, the Congressional Budget Office, and the Congressional Research Service to review the program inventory and to suggest revisions. Requires that the program inventory be revised at the end of each session of the Congress and that such revisions be reported to each House. Subtitle C: Program Reexamination - Requires each committee of the Senate and the House of Representatives to reexamine selected programs or groups of programs over which it has jurisdiction. Sets forth procedures for such review and criteria for selection of program areas for evaluation. Subtitle D: Tax Expenditures - Requires the Director of the Congressional Budget Office, after consultation with the Joint Committee on Taxation of the Congress, to prepare an inventory of tax expenditure provisions and to submit a report on such inventory to the Committee on Ways and Means of the House and the Senate Finance Committee by July 1, 1993. Directs the House Committee on Ways and Means and the Senate Committee on Finance to prepare a reauthorization schedule for all tax provisions similar to the schedule set out for Federal programs in title I of this Act. Requires the Congress to take final action on the reauthorization schedule for tax provisions before the end of the 103d Congress. Subtitle E: Miscellaneous - Sets forth miscellaneous provisions to carry out the purposes of this Act. Directs the President, with the cooperation of the head of each appropriate agency, to submit to the Congress a Regulatory Duplication and Conflicts Report for all programs scheduled for reauthorization in the next Congress. Requires specified congressional committees to report on a review of the procedures established under this Act by December 31, 1998, and every five years thereafter. Authorizes appropriations through FY 2002. Title V: Enhanced Rescission Authority - Amends the Impoundment Control Act of 1974 to grant the President line item veto rescission authority if he determines, within ten days of the date of enactment of a law, that such a rescission: (1) would help balance the Federal budget, reduce the Federal budget deficit, or reduce the public debt; (2) will not impair essential Government functions; and (3) will not harm the national interest. Requires the President to notify the Congress of such rescission by a special line item veto message. Requires a message for each item of rescission of budget authority. Makes such rescission effective unless the Congress enacts a resolution of disapproval. Sets forth procedures for congressional review and disapproval of such messages. Title VI: Performance-Based Budgeting - Amends Federal law to include in the Federal budget a performance standards and goals plan for the overall budget. Directs the Office of Management and Budget (OMB) to issue regulations requiring each Federal department and agency to establish such a plan for each major expenditure category of its budget. Requires OMB to review and adjust such plans and establish an overall performance standards and goals plan for the Federal Government. Requires OMB by December 31 of each odd-numbered year, to report to the President and the Congress on all tax expenditures that reduced revenues by at least $2 billion. Requires each bill or resolution which provides for the authorization of appropriations or for the appropriation of funds to specify performance standards and goals for such authorization or appropriation. Title VII: Incremental-Based Budgeting - Requires the head of each department or agency to submit to OMB at least one budget that sets forth spending at least ten percent lower than the prior biennium's budget. Requires the President, when OMB reports an estimated budget deficit, to recommend to the Congress specific changes in outlays or revenues to eliminate that deficit or recommend waiver of the requirement to eliminate such deficit.

To require that if the Greensboro-Winston-Salem-High Point, NC Metropolitan Statistical Area is combined with the Burlington, NC Metropolitan Statistical Area, the official title of the resulting MSA shall include the name of each area within the new MSA.

United States · United States Congress · 30 September 1992

Requires the Director of the Office of Management and Budget to take appropriate measures to ensure that if a metropolitan statistical area (MSA) is established which consists of the Greensboro--Winston-Salem--Highpoint, North Carolina (NC), MSA and the Burlington, NC, MSA, the official title of the resulting MSA shall reflect the names of each individual area included in the official MSA titles above.

Making appropriations for the government of the District of Columbia and other activities chargeable in whole or in part against the revenues of said District for the fiscal year ending September 30, 1993, and for other purposes.

United States · United States Congress · 30 September 1992

Title I: Fiscal Year 1993 Appropriations - District of Columbia Appropriations Act, 1993 - Appropriates funds to the District of Columbia for FY 1993 for: (1) the Federal payment to the District of Columbia; (2) the Federal contribution to retirement funds; (3) expenses incurred in connection with presidential inauguration activities; and (4) the Federal contribution to establish the Trauma Care Fund. Appropriates specified sums out of the District of Columbia general fund for the current fiscal year for: (1) governmental direction and support; (2) economic development and regulation; (3) public safety and justice; (4) public education; (5) human support services; (6) public works; (7) the Washington Convention Center Fund; (8) repayments of specified loans and interest; (9) repayment of the general fund deficit; (10) employees' optical and dental benefits; (11) inaugural expenses; (12) the rental and leasing of facilities for governmental purposes; (13) the Trauma Care Fund; (14) furlough adjustments; (15) within-grade salary adjustments; (16) capital outlay; (17) the Water and Sewer Enterprise Fund and water construction projects; (18) the Lottery and Charitable Games Enterprise Fund; (19) the Cable Television Enterprise Fund; and (20) the Starplex Fund. Prohibits the use of funds to implement or enforce: (1) any registration system for unmarried, cohabitating couples whether they are homosexual, lesbian, or heterosexual, including registration for the extension of employment, health, or governmental benefits to such couples on the same basis as that extended to legally married couples; or (2) the District Domestic Partner Act (also called the District of Columbia Health Care Benefits Expansion Act of 1992). Requires the District of Columbia to operate and maintain a telephone hotline for Lorton-area residents to receive information concerning escapes, fires, and riots at Lorton prison. Directs the District of Columbia Mayor to reduce appropriations and expenditures for personal and nonpersonal services by a specified amount. Sets forth certain uses of and restrictions on the expenditure of appropriations made by this Act. Prohibits the use of funds for: (1) activities which permit or encourage partisan political activities; (2) the salary of any District of Columbia government employee whose name, title, grade, salary, or work and salary history are not available for inspection by specified congressional committees and the District of Columbia Council, or whose name and salary are not available for public inspection; (3) publicity or propaganda purposes; (4) abortions, except where the life of the mother would be endangered if the fetus were carried to term; (5) reprogramming, unless the reprogramming was approved according to specified procedures; or (6) the operation, after June 1, 1993, of the Cedar Knoll Facility. Requires that the annual budget for the District of Columbia government for FY 1994 be transmitted to the Congress by April 15, 1993. Requires the Mayor to develop an annual plan for capital outlay borrowings. Prohibits the Mayor from: (1) borrowing funds for capital projects without the prior approval of the District of Columbia Council; or (2) using money borrowed for capital projects for operating expenses of the District of Columbia government. Directs the Mayor to submit to the D.C. Council, within 30 days after the end of the first quarter of FY 1993, the FY 1993 revenue estimates. Amends the District of Columbia Self-Government and Governmental Reorganization Act to extend, for one year, the District's authority to sell its general obligation bonds through negotiated sales. Prohibits the renewal or extension of any sole source contract with the District of Columbia government without opening that contract to the competitive bidding process, subject to exception. Requires any sequestration order under the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) to be applied to each account appropriating Federal funds in this Act (rather than to the aggregate total of those accounts) which is not specifically exempted from sequestration by specified Federal law. Provides for repayment to the Federal Treasury of any amounts appropriated and paid to the District of Columbia before a sequestration order is issued, applying the sequestration percentage proportionately to each account not specifically exempted from sequestration. Requires the District of Columbia to pay interest on its quarterly payments to the United States that are made more than 60 days after its receipt of an itemized statement from the Federal Bureau of Prisons of amounts due for housing D.C. convicts in Federal penitentiaries. Authorizes an entity of the District of Columbia government to accept and use a gift or donation during FY 1993 if: (1) the Mayor approves; and (2) the entity uses such gift or donation to carry out its authorized functions or duties. Requires the entity to keep accurate and detailed records of acceptance and use of any gift or donation and to make them available for audit and public inspection. Authorizes the Board of Education to accept gifts to the public schools without prior approval by the Mayor. Prohibits the use of funds under this Act to issue or renew a registration certificate or identification tag for any motor vehicle if unpaid fines for traffic violations are outstanding against any registered owner (or authorized user) of the vehicle. Provides for waivers of such prohibition, subject to certain conditions. Prohibits the use of funds under this Act to impose, collect, transfer, or enforce a payment in lieu of taxes on the Water and Sewer Utility Administration that would increase payments in Maryland or Virginia under the Blue Plains Intermunicipal Agreement of 1985. Mandatory Life Imprisonment or Death Penalty for Murder in the District of Columbia - Requires the District of Columbia Board of Elections and Ethics to place the Mandatory Life Imprisonment or Death Penalty for Murder in the District of Columbia initiative on the ballot. Declares that such measure, if passed, would provide for the death penalty or life imprisonment without parole for persons convicted of first degree murder in the District of Columbia. Amends the District of Columbia Code to establish mitigating and aggravating factors to be considered by the jury before recommending the death sentence. Sets forth provisions concerning: (1) governmental notification of intent to seek the death penalty; (2) capital sentencing hearings; (3) proof of mitigating and aggravating factors; (4) findings by the jury of such factors or concerning a sentence of death; (5) precautions to assure against discrimination; (6) imposition of a death sentence; (7) death sentence appeal rights; (8) implementation of a death sentence; (9) a prohibition on the execution of pregnant women; (10) conscientious objection to participation in execution; (11) appointment of counsel for indigent capital defendants; (12) representation for the defendant after finality of judgment; (13) standards for competence of counsel; (14) claims of ineffectiveness of counsel in collateral proceedings; (15) time for collateral attack on death sentences; (16) stays of execution; and (17) finality of the appeal decision. Grants the Mayor the power to commute a death sentence to a sentence of life imprisonment without parole. Title II: Fiscal Year 1992 Supplemental District of Columbia Funds - District of Columbia Supplemental Appropriations and Rescissions Act, 1992 - Makes supplemental appropriations (including rescissions) to the District of Columbia for FY 1992 for: (1) governmental direction and support; (2) economic development and regulation; (3) public safety and justice; (4) public education; (5) human support services; (6) repayment of the general fund deficit; (7) resizing; (8) the rental and leasing of facilities for governmental purposes; (9) capital outlay; (10) the Water and Sewer Enterprise Fund; and (11) the Starplex Fund. Rescinds specified FY 1992 funds earmarked for public works, the Washington Convention Center Fund, and repayment of certain loans and interest. Amends the District of Columbia Appropriations Act, 1992 to authorize the District of Columbia Board of Education to accept and use gifts to the public schools without prior approval by the Mayor. Declares that appropriations made and authority granted under this title shall be deemed available for FY 1992.

Emergency Jobless Benefits Extension Act of 1992

United States · United States Congress · 29 September 1992

Emergency Jobless Benefits Extension Act of 1992 - Amends the Emergency Unemployment Compensation Act of 1991 (Public Law 102-164) to increase the number of weeks for which benefits are payable to unemployed workers under such Act. (Increases also the number of weeks of unemployment benefits payable to certain railroad workers under such Act.) Conforms certain financing provisions of such Act to amendments made by this Act. Requires that the provisions of (and amendments made by) this Act be treated as emergency requirements designated by the President and the Congress under the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act). Requires that any amount of new budget authority, outlays, or receipts resulting from the provisions of (and amendments made by) this Act not be considered for any purpose under the Balanced Budget and Emergency Deficit Control Act of 1985.

Medicare and Medicaid Amendments Act of 1992

United States · United States Congress · 25 September 1992

Medicare and Medicaid Amendments Act of 1992 - Title I: Amendments to Medicare Program - Subtitle A: Provisions Relating to Part A - Amends the Omnibus Budget Reconciliation Act (OBRA) of 1989 to provide that all hospitals classified as regional referral centers on September 30, 1992 shall retain such status through September 30, 1994. Provides that hospitals which fail to qualify as regional referral centers for FY 1993 as a result of a decision by the Medicare Geographic Classification Review Board shall be provided by the Secretary of Health and Human Services (HHS) with an opportunity to decline the reclassification. Prohibits the Secretary from revising standardized amounts to account for hospitals which decline the reclassification. Amends title XVIII (Medicare) of the Social Security Act (SSA) to revise Medicare-dependent, small rural hospital payment provisions. Sets forth provisions analogous to those above with respect to Medicare-dependent, small rural hospitals and: (1) reclassification declination; and (2) standardized amount adjustment. Amends the OBRA of 1987 to authorize appropriations for the rural health transition grant program. Amends Medicare to authorize appropriations for the Essential Access Community Hospital program. Modifies the length of stay requirement for State designation of rural primary care hospitals. Amends the OBRA of 1989 to extend additional payments for hemophilia clotting factor furnished through September 30, 1994. Amends the OBRA of 1990 to require the Secretary to continue any rural hospital demonstration project at least through December 31, 1995. Amends Medicare to provide that: (1) a change in classification of hospitals from one area to another may not result in a reduction in the wage index for an urban area if the area has a wage index below the rural wage index for the State, or if the urban area is located in a State without any rural areas; (2) for discharges occurring on or after the effective date of this paragraph and before October 1, 1993, the Secretary shall adjust the urban standardized amount by a factor of 0.999321; and (3) if a hospital was previously reclassified based on standards for Metropolitan Statistical Areas (MSAs) (and New England County Metropolitan Areas) published in the Federal Register on January 3, 1980, and the hospital is located in a rural county under the most recently available standards for designating MSAs, the Secretary shall treat the hospital as being located in the urban metropolitan statistical area to which the greatest number of workers in the country commute. Allows the care of hospital inpatients receiving qualified psychologist services to be supervised by a clinical psychologist to the extent such supervision is permitted under State law. Requires the Secretary to: (1) delay until April 1, 1993, recoupment of any amounts paid to hospitals under a State hospital reimbursement control system that exceed amounts that would have otherwise been paid under Medicare payment rules; and (2) make available to the State and the hospitals in it all relevant information used in determining the amount of such excess payments before undertaking a recoupment. Directs the Secretary to begin collecting data on employee compensation and paid hours of employment in skilled nursing facilities (SNFs) to compute a wage index to adjust Medicare SNFs payments. Requires the Prospective Payment Assessment Commission to study and report to the Congress on the impact of applying routine cost limits for skilled nursing facilities on a regional basis. Subtitle B: Provisions Relating to Part B - Amends Medicare part B (Supplementary Medical Insurance) to reinstate separate payment for electrocardiogram (EKG) interpretations performed or ordered to be performed as part of or in conjunction with a visit to or consultation with a physician. Repeals provisions providing reduced Medicare payments to new physicians and other practitioners during their first four years of practice. Prohibits the Secretary from modifying the methodology for determining the amount of time that may be billed for anesthesia services until January 1, 1997. Requires the Comptroller General to conduct a study and report to the Physician Payment Review Commission and specified congressional committees on time reported for anesthesia services. Provides that the initial review and revision of the geographic cost of practice index (GCPI) shall apply to services furnished on or after January 1, 1994 and shall be based on the most recent data on practice and malpractice expenses and physicians' work effort. Authorizes the Secretary to adjust GCPI to account for unique local circumstances. Requires the Secretary to study and report to specified congressional committees on the data necessary to review and revise geographical indices. Requires the Physician Payment Review Commission to study and report to specified congressional committees on the feasibility and desirability of providing for a special adjustment to the index value of the medical equipment and supplies input component of the index used with respect to services: (1) furnished by a physician who practices in an isolated area; (2) requiring the presence of expensive medical equipment and supplies in the physician's office; and (3) with respect to which the cost per service of operating the equipment is increased because of such physician's low volume of patients. Prohibits nonparticipating physicians and suppliers from billing or collecting an actual charge in excess of the Medicare limiting charge. Provides that no person is liable for payment of any amount billed in excess of the limiting charge. Requires that excess charges be refunded on a timely basis. Authorizes sanctions against physicians and suppliers who knowingly and willfully bill in excess of the limiting charge or fail to refund excess charges as required by this Act. Requires carriers to: (1) notify physicians and suppliers within 30 days if they have billed in excess of the limiting charge; and (2) include limiting charge information in the mailing explaining an individual's Medicare benefits after the submission of an unassigned claim on the individual's behalf which exceeds the limiting charge. Specifies the nonphysician practitioners that may only bill for services on an assignment-related basis. Provides that no person is liable for amounts billed in violation of such mandatory assignment rule. Requires the Secretary to report to the Congress on the extent to which actual charges exceed Medicare limiting charges, the number and types of services involved, and the average amount of excess charges. Directs the Secretary to appoint a Medicare Beneficiary Advisory Council to discuss proposed regulations, carrier manual instructions, and any other issues with an impact on delivery, cost, quality, or expansion of Medicare services. Requires the Secretary to provide for national standards which suppliers of medical equipment and supplies must meet in order to receive payment for items furnished. Prohibits payment unless a supplier also possesses a valid supplier number. Requires the Secretary to revise such standards to include specified requirements. Requires suppliers to meet such revised standards in order to receive a supplier number. Requires the Secretary to develop one or more standardized certificates of medical necessity for: (1) durable medical equipment (DME); (2) prosthetic devices; (3) orthotics and prosthetics; and (4) surgical dressings, and certain other devices. Modifies the OBRA of 1990 prohibition against the distribution of certificates of medical necessity by DME suppliers to extend its application, with certain exceptions, to suppliers of the other items directly listed above. Requires the Secretary to: (1) develop and establish uniform national coverage and utilization review criteria for 200 items of medical equipment and supplies selected in accordance with standards specified by this Act; (2) publish the criteria as part of the instructions provided to fiscal intermediaries and carriers; (3) review annually the coverage and utilization of such items to determine whether items not included among those selected should be subjected to such criteria (and, if appropriate, develop and apply such criteria to such additional items); and (4) report to specified congressional committees on the effect of uniform criteria on utilization of items. Prohibits the Secretary from issuing more than one supplier number to any supplier of medical equipment and supplies unless such issuance is appropriate to identify subsidiary or regional entities under the supplier's ownership or control. Amends SSA title XI to modify anti-kickback provisions. Amends Medicare to specify the circumstances under which Medicare beneficiaries are not financially liable for covered items furnished by suppliers on an unassigned basis. Removes aspirators and nebulizers from the category of DME items requiring frequent and substantial servicing, and includes supplies relating to aspirators and nebulizers in the category of inexpensive and other routinely purchased equipment. Adds payment rules for ostomy supplies, tracheostomy supplies, urologicals, surgical dressings, and other medical supplies. Provides for a freeze in reasonable charges for parenteral and enteral nutrients, supplies, and equipment during 1993. Directs the Comptroller General to study and report to specified congressional committees on: (1) the types, volume, and utilization of services and supplies furnished to Medicare-eligible nursing facility residents; and (2) changes made to descriptions relating to the codes for certain medical equipment and supplies. Modifies the definition of "certified nurse-midwife" by eliminating language that limits reimbursable services to those related to the care of mothers and babies during the maternity cycle. Revises payments provisions for services furnished by a certified registered nurse anesthetist who is medically directed. Amends the OBRA of 1986 to extend Alzheimer's disease demonstration projects for an additional year. Extends eligibility for designation as eye or eye and ear hospitals to hospitals that otherwise meet current law criteria but on October 1, 1987, operated as an eye or eye and ear specialty hospital or as a separate eye or eye and ear unit of a general acute care hospital which operates less than 20 percent of the beds that it operated on such date and has discontinued a substantial portion of its other acute care operations. Extends the OBRA of 1990's cap on payments for intraocular lenses through 1994. Expends the settings in which nurse practitioners, clinical nurse specialists, and physicians' assistants may bill Medicare part B for services performed. Provides for Medicare coverage of: (1) off-label cancer drugs that have been approved by the Food and Drug Administration, appeared in specified medical journals, or are included in one of three specified major medical compendia; and (2) oral cancer drugs that contain the same active ingredients as anticancer drugs covered by Medicare when administered intravenously. Subtitle C: Provisions Relating to Parts A and B - Permits Medicare Select policies to be offered in all States. Revises current law requirements applicable to Medicare Supplemental policies. Provides that a Medicare Select policy may be canceled or not renewed in the case of an individual who leaves the service area of the policy, except that if the individual moves to an area for which the issuer of the Medicare Select policy (or an affiliate) offers a Medicare Supplemental (Medigap) policy, the individual must be permitted to enroll in such policy if the benefits are comparable to or less than the benefits in the canceled or non-renewed policy. Authorizes sanctions against issuers of Medicare Supplemental policies who make misrepresentations or provide false information regarding such policies to the Secretary. Reduces Medicare payments for erythropoietin provided during 1993. Adds renal dialysis facilities to the list of institutions required under Medicare and Medicaid (SSA title XIX) to furnish patients with advanced directive information. Extends the periods during which Medicare: (1) is secondary to other payors for end stage renal disease beneficiaries; and (2) covers immunosuppressive drug therapy following a transplant procedure. Modifies general exceptions to prohibited physician referrals. Requires the Secretary to provide for an approved full-time equivalent (FTE) resident amount as the Secretary determines to be appropriate in the case of hospitals that in FY 1984 operated a primary care residency training program as their only approved residency program and had a base year per FTE resident amount of less than $10,000. Requires home health agencies and skilled nursing facilities to notify Medicare beneficiaries of the hospice benefit under Medicare, under certain conditions. Modifies hospital conditions of participation with respect to discharge planning to include an evaluation of a patient's need for hospice services. Amends the OBRA of 1987 to require the Secretary to extend the waivers for social health maintenance organization (SHMO) demonstration projects for an additional three years. Amends the Deficit Reduction Act of 1984 to expand SHMO demonstrations. Requires, for FY 1993, interest payments on clean claims if payment is not made within 30 days of the claim's receipt. Title II: Amendments to Medicaid Program - Subtitle A: Technical Corrections - Amends Medicaid to make technical corrections and, in certain instances, such as in item 1 of the list below, technical changes as well, to Medicaid provisions included in the OBRA of 1990 regarding: (1) reimbursement for prescribed drugs; (2) enrollment under group health plans; (3) low-income Medicare beneficiaries; (4) child health; (5) outreach locations; (6) payment for hospital services for children under age six; (7) payment adjustments for disproportionate share hospitals; (8) federally-qualified health centers; (9) substitute physicians; (10) home and community care for frail elderly; (11) community supported living arrangements; (12) COBRA continuation coverage; (13) Medicaid transition provisions for family assistance; (14) personal care services; (15) the Medicaid spend-down option; (16) optional State disability determinations; (17) special rules for health maintenance organizations (HMOs); (18) frail elderly waivers; (19) a certain demonstration project for low-income families; (20) coverage of HIV-positive individuals; (21) advanced directives; (22) physician services; and (23) nursing home reform. Makes other technical corrections to various Medicaid and Medicare provisions added or redesignated by the OBRA of 1990. Subtitle B: Other Amendments to Medicaid Provisions - Amends Medicaid to create an exception to the IMD (institution for mental diseases) exclusion for Medicaid-eligible individuals (of any age) who participate in a qualified comprehensive substance abuse treatment program under SSA title IV (thus allowing States to provide medical services to such individuals). Requires the Secretary to waive the requirements that all Medicaid services be provided on a statewide basis and in comparable amount, duration, and scope to all Medicaid beneficiaries where the Secretary determines that a waiver of such requirements is necessary and appropriate to enable a State to establish such a program. Gives State Medicaid programs the option of covering alcoholism and drug dependency residential treatment services for Medicaid-eligible pregnant women, caretaker parents, and their children. Requires States to operate a vaccine replacement system (VRS) under which childhood vaccines are purchased at the Centers for Disease Control price, or a lower price, if available, and provided free of charge to Medicaid providers unless the State already operates a universal vaccine distribution system or demonstrates to the Secretary's satisfaction that a VRS would not be appropriate or cost-effective. Gives States the option of reimbursing vaccine manufacturers directly when the manufacturer distributes childhood vaccines to Medicaid providers free-of-charge under a contract with the State. Requires the Secretary to establish a demonstration program to enable States to establish innovative immunization outreach demonstration programs. Extends the duration of the waivers used by States to establish primary care case-management systems (PCCMSs). Prohibits the Secretary from granting such a waiver to restrict an individual's freedom of choice of provider with respect to a comprehensive risk-based managed care plan unless the individual has a choice of at least two such plans in an area. Modifies the enrollment composition rule (ECR) which permits the Secretary to waive or modify the requirement that Medicare and Medicaid beneficiaries constitute less than 75 percent of the membership of any prepaid medical provider to: (1) allow a State to contract with a private (currently only a public) entity; (2) change the circumstances under which the Secretary may waive or modify such requirement; (3) require the Secretary to review annually the financial stability of any private entity that is granted a waiver or modification and revoke it if such entity is not financially stable; and (4) set limits on the duration of such waivers. Provides that if an individual enrolled in a Federally qualified HMO or PCCMS becomes ineligible for Medicaid benefits as a result of excess income or resources, such individual shall, at the option of the State, continue to be eligible for such benefits through the end of the month in which such benefits would have otherwise terminated. Provides that the enhanced match for expenditures related to external reviews of the quality of care furnished by entities with Medicaid managed care contracts shall be made available for external quality reviews performed by any organization approved by the Secretary which is unaffiliated with the State or with any entity with a Medicaid managed care contract. Authorizes the Secretary to approve waivers to authorize a State to approve managed care plans to be operated by political subdivisions of the State. Specifies conditions for approval. Authorizes the Secretary to extend retroactively the waiver of ECR granted to the District of Columbia Chartered Health Plan, Inc., if the Secretary determines that such entity continues to make progress toward achieving compliance with ECR. Provides that habilitation services shall be available for an individual participating in a home- and community-based services waiver program regardless of whether the individual was previously institutionalized. Permits public and nonprofit case management entities to pay providers directly, under certain conditions. Requires such entities to have a contract with the State under which they are required to maintain claims records and provide information to the Secretary or State agency about such claims. Allows States to restrict an individual's freedom of choice of case managers under home- and community-based waiver programs, under certain conditions. Provides that States are no longer required to bill third parties for case management services where the State demonstrates to the Secretary's satisfaction that it is not cost-effective to do so. Changes the inflation factor used in determining State expenditures for medical assistance with respect to home- and community-based services provided under certain waivers. Gives States the option of extending Medicaid coverage to certain children who have been placed in foster care. Directs the Secretary to provide for the establishment of demonstration projects to provide outreach services to individuals who are likely to be eligible for Medicaid payment of their Medicare out-of-pocket expenses. Amends the OBRAs of 1989 and 1990 to provide for the extension of certain demonstration projects extending Medicaid coverage to pregnant women, children, and certain low-income families not otherwise eligible for Medicaid. Requires the Secretary to provide that additional OBRA of 1990 demonstration projects extending Medicaid coverage to certain low-income families are conducted on a substate basis. Makes technical revisions in provisions for determining periods of ineligibility for Medicaid payment of nursing home expenses. Changes the methodology for determining the amount Medicaid pays for prescription drugs. Allows certified nurse midwives to be reimbursed for providing non-maternity related services, to the extent such practitioners are legally authorized under State law to provide such services. Requires HHS' Departmental Appeals Board to adjust the amount of a disallowance based on the nature of the State's violation. Amends SSA title XI to increase the annual cap on Federal Medicaid matching funds for Puerto Rico starting in FY 1994. Amends Medicaid to provide that beginning in FY 1993 any funds for community supported living arrangements services remaining available at the end of a fiscal year shall be available to be expended in the following fiscal year. Makes any Native Hawaiian Health Center a Federally Qualified Health Center under Medicaid. Title III: Miscellaneous Amendments - Amends SSA title V (Maternal and Child Health Services) to increase the authorization of appropriations for FY 1993. Provides for a set-aside for evaluations of SSA title V programs.

Mittel im Haushalt 1993 für die Realisierung des Berlin-Beschlusses (G-SIG: 12053353)

Germany · German Bundestag · 25 September 1992

To amend the Balanced Budget and Emergency Deficit Control Act of 1985 to provide for a sequestration of all budgetary accounts for fiscal year 1993 (except social security and interest on the debt) equal to 10 percent of the OMB baseline.

United States · United States Congress · 24 September 1992

Amends the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) to require, on the 15th day after the last general appropriation bill is enacted into law for FY 1993 or a continuing resolution is enacted into law through the end of that fiscal year (whichever is applicable), that the President issue an order to sequester ten percent of the Office of Management and Budget's baseline for such fiscal year. Exempts social security and interest on the debt from such sequestration.

National Park System Reformation Act

United States · United States Congress · 23 September 1992

National Park System Reformation Act - Title I: Development of a Comprehensive Plan for the Future of the National Park System - Establishes the National Park System Strategic Planning Commission to develop a long-term plan for the direction of the National Park System (System). Requires the plan to guide the System for the next ten to 20 years and to address criteria for determining inclusion or exclusion of a site within the System. Authorizes appropriations. Requires the Secretary of the Interior to terminate National Park Service management at all park areas as recommended by the Commission. Applies the National Environmental Policy Act of 1969 to all actions of the Secretary during the termination process. Directs the Administrator of General Services to delegate to the Secretary, with respect to excess and surplus real property and facilities located at such park areas, the authority to: (1) dispose of surplus property; and (2) grant certain approvals under the Surplus Property Act of 1944. Directs the Secretary, as part of each annual budget request, to transmit to the appropriate congressional committees a schedule of actions to be carried out under this title and an estimate of the total expenditures required and cost savings to be achieved by each closure, along with environmental assessments of such actions. Prohibits the Secretary from establishing new units of the System until the Commission transmits a report to the Congress. Title II: New Area Establishment - Directs the Secretary to submit reports of new area studies to the appropriate congressional committees for purposes of determining the suitability of adding such areas to the System. Designates the following areas for study as potential units: (1) Apollo XI Launch Tower, Florida; (2) Kennecott/McCarthy, Alaska; (3) New Jersey Delaware Bay Wetlands, New Jersey; (4) Nicodemas, Kansas; (5) Oak Hill, Virginia; (6) Susan B. Anthony House, New York; and (7) Virginia City, Montana. Requires the National Park Service to maintain a list of units in order of their numerical priority for potential addition to the System. Repeals provisions of existing law concerning inclusion of additional areas to the System. Authorizes appropriations. Title III: Enhanced National Park Service Technical Assistance Program for Protection and Management of Natural, Cultural, and Recreation Sites - Establishes the American Heritage System to better protect natural, cultural, and recreational resources which do not belong in the System. Provides for administration of such sites by State and local governments and private entities with Federal technical assistance. Requires the National Park Service to establish a grant program to conduct studies for potential designations of American Heritage sites. Provides for Federal technical and financial assistance for designated sites for periods of up to ten years.

Weather Service Modernization Act of 1992

United States · United States Congress · 22 September 1992

Weather Service Modernization Act of 1992 - Requires the Secretary of Commerce (Secretary) to include as part of the Department of Commerce's annual budget request justification material a National Implementation Plan (National Plan) of actions needed to accomplish the objectives of the ten-year Strategic Plan currently required under the National Aeronautics and Space Administration Authorization Act, Fiscal Year 1989 (NASA Act) for modernization of the National Weather Service (NWS). Specifies national plan contents. Requires the Secretary to: (1) transmit a copy of each annual national plan to the Modernization Transition Committee (established by this Act); and (2) consult with it in developing such plan. Requires the Secretary to: (1) contract with the National Research Council (NRC) for a review of the scientific and technical modernization criteria by which the Secretary proposes to certify action to close, consolidate, automate, or relocate NWS field offices; and (2) publish in the Federal Register final modernization criteria based on such NRC review. Changes requirements for certification that the closing, consolidation, automation, or relocation of any field office will not result in service degradation. Prohibits the Secretary from: (1) changing operations at an NWS field office pursuant to implementation of the Strategic Plan unless the Secretary has provided appropriate notification; (2) removing or permanently decommissioning any NWS radar until the Secretary has prepared radar commissioning and decommissioning reports documenting that such action would be consistent with the final modernization criteria established above; (3) commissioning an automated surface observing system located at an airport unless the weather services provided after commissioning will continue to be in full compliance with applicable flight aviation rules; (4) closing, before January 1, 1996, any NWS field office pursuant to implementation of the Strategic Plan; (5) closing or relocating any NWS field office located at an airport unless the Secretary determines that such action will not result in degradation of service that affects aircraft safety; (6) closing or relocating any NWS field office which is the only office in a State unless the Secretary determines that a comparable level of weather services provided to in-State users will remain; or (7) closing, consolidating, automating, or relocating a NWS field office until arrangements have been made to maintain at least one person in the service area to act as a liaison officer with area weather service users with respect to the provision of information regarding NWS modernization and restructuring activities and weather warnings and forecasts. Establishes the Modernization Transition Committee. Specifies Committee duties, which include reviewing proposed certifications and advising the Congress and the Secretary on implementation and development of the Strategic and National Plans and establishment of modernization criteria. Requires the Secretary to prepare a report for the Congress on the proposed NWS modernization. Specifies report contents. Repeals provisions of the NASA Act with respect to NWS modernization.

Customs Modernization and Informed Compliance Act

United States · United States Congress · 18 September 1992

Customs Modernization and Informed Compliance Act - Title I: Improvements in Customs Enforcement - Amends the Tariff Act of 1930 (the Act) to revise customs procedures with respect to: (1) electronic transmission of forged, altered, or false data to the United States Customs Service with regard to the entry of imported merchandise; (2) penalties for failure to declare imported controlled substances; (3) examination and detention of imported merchandise; (4) certain recordkeeping requirements; (5) examination of books and witnesses; (6) review of protests by the Customs Service; (7) a repeal of a provision relating to the reliquidation on account of fraud; (8) penalties relating to manifests, false drawback or refund claims, and for fraud, gross negligence, and negligence; (9) unlawful unlading or transshipment; (10) public access to Customs Service interpretive rulings and decisions; and (11) seizure of imported merchandise. Title II: National Customs Authorization Program - Directs the Secretary of the Treasury (Secretary) to establish the National Customs Automation Program which shall be an automated and electronic system for the processing of commercial imports. Provides for electronic data transmission relating to: (1) remote location filing; (2) effective date of rates of duty on imported merchandise; (3) merchandise manifests; (4) imported merchandise invoices; (5) entry and release of imported merchandise; (6) admissibility in administrative and judicial proceedings of electronically transmitted information; (7) appraisement and liquidations of imported merchandise; (8) the payment of duties; (9) abandonment and damage to imported merchandise; (10) protests of Customs Service decisions; (11) refunds and errors; (12) bonds and other security; and (13) customshouse brokers. Requires a refund (drawback) of duties (less one percent of such duties) on articles produced in the United States with imported merchandise that have been destroyed under Customs Service supervision, provided such articles have not been used prior to such destruction. Sets forth provisions with respect to customs officer's immunity in regard to the appraisement of or collection of duties on imported merchandise. Title III: Miscellaneous Amendments to the Tariff Act of 1930 - Amends the Act to authorize the Secretary to disregard the difference, but not less than $20 (currently ten dollars), between the total estimated duties deposited with respect to imported merchandise and the total amount actually due on such merchandise. Authorizes the Secretary to admit duty-free: (1) gifts from persons in foreign countries to persons in the United States whose value does not exceed $100 (currently, $50), or $200 (currently, $100) in the case of gifts from persons in the Virgin Islands, Guam, and American Samoa; (2) articles accompanying persons for personal or household use whose value does not exceed $200 (currently, $25); or (3) articles whose value does not exceed $200 (currently, five dollars) in other cases. Authorizes the Secretary to waive collection of duties due on merchandise that are worth less than $20, or such greater amount as prescribed by him or her. Requires masters of vessels that have visited a hovering vessel or received merchandise while outside the U.S. territorial sea to report their arrival to the nearest customs facility. Provides for the electronic transmission of vessel documentation to the Customs Service. Requires the following vessels to report to the nearest Customs Service facility within 24 hours (or other period of time as provided) after arrival to a U.S. port: (1) vessels from a foreign port; (2) foreign vessels from a domestic port; (3) U.S. vessels having bonded or foreign merchandise for which entry has not been made; or (4) vessels which visited a hovering vessel or received merchandise outside the U.S. territorial sea. Permits masters of vessels to make preliminary entry of their vessel with the Customs Service in lieu of or before formal entry is made. Exempts from entry and clearance requirements certain passenger vessels on excursion from the U.S. Virgin Islands to the British Virgin Islands and returning, U.S. documented vessels with recreational endorsement, or (as under current law) undocumented U.S. pleasure vessels not engaged in trade, except such vessels must comply upon arrival with specified customs reporting requirements and navigation laws and must not have visited any hovering vessel. Prohibits merchandise, passengers, or baggage from being unladen from any vessel required to make entry or vehicle required to report its arrival until such entry or report of arrival is made and a permit for unlading has been issued by the Customs Service. Authorizes the issuance of such permits through electronic data transmission. Requires every importer of record of merchandise to make and file electronically or otherwise a declaration stating whether such merchandise is imported pursuant to a purchase or purchase agreement and that all other required documents are true and correct. Requires persons who gained any benefit from, or met any obligation to the United States as the result of the prior exportation of merchandise that has returned as undeliverable to inform the Customs Service of the return of such merchandise within a reasonable time. Provides for electronic data transmission of entry information to complete any incomplete entry of imported merchandise. Declares entered or unentered merchandise that remains in customs custody for six months, with an extension at the importer's request of up to a year (currently, for merchandise that remains in custody for one year), and in which duties, taxes, fees, storage, and other charges have not been paid, to be unclaimed merchandise which shall be appraised and sold by the Customs Service at public auction. Authorizes the sale of imported gunpowder and other explosive merchandise that if permitted to remain in a bonded warehouse for six months (currently, one year) would depreciate in value to the extent that its sale would be insufficient to pay such duties, taxes, fees, storage, and other charges. Authorizes the Customs Service, in lieu of sale, to provide notice to interested parties that, unless, within 30 days of such notice, the subject merchandise is entered or withdrawn for consumption and payment made of all duties, taxes, and fees, transfer and storage charges and other expenses that title to such merchandise shall be deemed to vest in the United States. Authorizes the Secretary to pay to a party that has lost a substantial interest in merchandise by virtue of title vesting in the United States, and can establish that it did not receive a vesting notice, an amount from the Customs Forfeiture Fund equal to what such party would have received if such merchandise had been sold and a proper claim filed. Requires any surplus of the proceeds from the sale of such merchandise to be deposited into the Fund if a claim for such surplus is not filed with the Customs Service. Authorizes the Secretary to prescribe regulations for the declaration and entry of merchandise whose value does not exceed a certain amount, not more than $2,500 (currently not greater than $1,250), and/or when different commercial facilitation and risk considerations that may vary for different classes or kinds of merchandise or different classes of transactions may dictate. Requires the Secretary upon seizure and forfeiture of imported merchandise bearing a counterfeit mark to dispose of such merchandise more than 90 days (currently, one year) after such forfeiture. Authorizes withdrawal of imported merchandise from a warehouse for transfer to a foreign trade zone. Authorizes the Customs Service to order the destruction or other appropriate disposition of vessels, vehicles, aircraft, merchandise, or baggage that has been seized under the customs laws if it determines that the expense of keeping such items is disproportionate to their value (currently applies only to items of less than $1,000 in value). Authorizes the use of funds from the Customs Forfeiture Fund for the payment of: (1) certain transfer and storage charges and expenses; and (2) claims against Customs Service employees. Requires actions for fraud, gross negligence, and negligence, false drawback, or refund claims with respect to imported merchandise to be instituted within five years after the alleged violation or discovery of such fraud. Requires the Customs Service to be reimbursed the administrative cost and expense incurred in collecting fees on behalf of other Federal agencies. Authorizes the Secretary to settle, for no more than $50,000 in each case, claims for personal injury, death, or damage to, or loss of, privately owned property caused by an investigative or law enforcement officer of the Customs Service. Requires the Secretary to contract with persons for collection services to recover indebtedness arising under the customs laws, provided the Customs Service has exhausted all administrative efforts to collect such indebtedness. Title IV: Miscellaneous Provisions and Consequential and Conforming Amendments to Other Laws - Amends the Harmonized Tariff Schedule of the United States to exempt from such Schedule articles which are returned within 45 days after being exported from the United States as undeliverable and which have not left the custody of the carrier or foreign customs service. Prohibits such exportations from satisfying any requirement for exportation in order to receive a benefit from, or meet an obligation, to the United States as a result of such exportation. Declares that certain railway locomotives and railway freight cars on which no duty is owed are not subject to the entry or release requirements for imported merchandise under the Tariff Act of 1930. Exempts instruments of international trade, such as containers, lift vans, rail cars and locomotives, truck cabs and trailers, etc., from formal entry procedures. Requires them to be accounted for, however, when imported to and exported from the United States through the manifesting procedures required for international carriers by the U.S. Customs Service. Amends the Internal Revenue Code and other specified Federal law with respect to: (1) certain expenditures from the Harbor Maintenance Trust Fund; and (2) coastwise trade vessels and U.S. vessels visiting foreign ports. Amends Federal law to grant the Court of International Trade exclusive jurisdiction of any civil action for review of decisions of the Customs Service that deny, suspend, or revoke accreditation of private customs laboratories. Bars the commencement of such actions unless brought before such Court within 60 days of such decisions. Requires U.S. and foreign vessels to obtain clearance from the Customs Service before proceeding from a U.S. port for: (1) a foreign port; (2) another U.S. port (for foreign vessels only), or (for U.S. vessels only) another U.S. port if the vessel has bonded or foreign merchandise for which entry has not been made; or (3) outside the U.S. territorial sea to visit a hovering vessel or to receive merchandise. Repeals specified provisions of Federal law. Requires the Commissioner of Customs to report to the Congress each fiscal year after FY 1992 on the collection of duties imposed under the antidumping and countervailing duty laws. Amends the Omnibus Budget Reconciliation Act of 1987 to authorize the Commissioner of Customs to obtain from the operators of centralized cargo examination stations information on fees paid for the provision of services at such stations. Requires the Commissioner to report to specified congressional committees on the payment of such fees. Amends the Customs and Trade Act of 1990 to require the Commissioner of Customs to: (1) devise a methodology for estimating the level of compliance with the U.S. customs laws; and (2) evaluate the extent to which such compliance was obtained during the 12-month period preceding the 60th day before each of FY 1993 through 1995. Directs the Commissioner to initiate, and submit to the Congress, a compliance review of certain courier services.

Vereinbarkeit der Beschleunigung des Hochschulausbaus mit den im Bundeshaushalt 1993 bereitgestellten Mitteln (G-SIG: 12043314)

Germany · German Bundestag · 18 September 1992

Family Investment Act of 1992

United States · United States Congress · 17 September 1992

Family Investment Act of 1992 - Title I: Family and Medical Leave - Subtitle A: Short Title; Findings and Purposes - Family and Medical Leave Act of 1992 - Sets forth the short title of this title I, along with findings and purposes. Subtitle B: General Requirements for Leave - Establishes certain requirements for family and medical leave for permanent employees. Makes employees eligible for such leave if they have been employed, by the employer from whom leave is sought, for at least: (1) a total of 12 months; and (2) 1,250 hours of service during the previous 12-month period. (Excludes from such coverage: (1) employees at worksites at which the employer employs less than 50 persons, if the total number of employees of that employer within 75 miles of that worksite is less than 50; and (2) Federal officers and employees covered under subtitle C of this title.) Entitles employees to 12 workweeks of leave during any 12-month period because of: (1) the birth and care of their child; (2) the placement of a child for their adoption or foster care; (3) their care of a child, spouse, or parent who has a serious health condition; or (4) their own serious health condition which makes them unable to perform the functions of their position. Conditions such leave for the birth or placement of a child as follows: (1) the entitlement ends 12 months after the birth or placement; and (2) such leave may not be taken intermittently unless employee and employer agree otherwise. Allows intermittent leave for necessary medical treatment of an employee or family member. Allows the employer to require a temporary transfer to an equivalent alternative position that better accommodates such intermittent leave. Allows all leave to which an employee is entitled under this subtitle: (1) to be taken on a reduced leave schedule, upon agreement with the employer; and (2) to consist of unpaid leave, except under specified conditions when substitution of certain types of paid leave may be elected or required. Declares that nothing in this Act shall require an employer to provide paid sick or medical leave in any situation in which the employer would not normally provide any such paid leave. Requires employees to: (1) give at least 30 days' notice of the need for leave to which they are entitled under this Act, when foreseeable; and (2) make a reasonable effort to schedule medical treatment or supervision so as not to disrupt unduly the employer's operations, subject to approval of the health care provider. Allows limitation of the dual aggregate leave entitlement to 12 weeks in any 12-month period, in the case of spouses employed by the same employer, if such leave is for the birth or placement of a child or for the care of a sick parent. Sets forth conditions of certification for leave entitlements under this title, including provisions relating to: (1) sufficient certification; (2) explanation of inability to perform job functions; (3) dates and duration of planned medical treatment in the case of intermittent leave; (4) second opinion; (5) resolution of conflicting opinions; and (6) subsequent recertification. Sets forth employment and benefits protections relating to leave entitlements under this title. Requires restoration of the employee to his or her position or an equivalent position upon return from such leave. Allows an employer to deny such restoration to certain highly compensated employees (i.e. those among the highest paid ten percent of the employer's employees within 75 miles of the facility at which the employee works), under specified conditions, if necessary to prevent substantial and grievous economic injury to the employer's operations. Requires maintenance of employee health benefits during such leave. Allows the employer to recover premiums paid for such coverage if the employee fails to return to work after the leave period has expired for reasons other than a certified serious health condition or other circumstances beyond the employee's control. Prohibits employers or other persons from: (1) interfering with employee rights under this title; or (2) from discriminating against any individual because of participation in proceedings or inquiries under this subtitle, or because the individual opposes any practice made unlawful by this subtitle. Sets forth the investigative authority of the Secretary of Labor (the Secretary) under this subtitle. Provides for enforcement of this title. Provides for administrative action by the Secretary to resolve complaints of violations under this subtitle in the same manner as under specified provisions of the Fair Labor Standards Act of 1938. Provides for civil actions by employees, and by the Secretary on their behalf. Makes an employer who violates this subtitle's prohibitions against interfering with employee exercise of rights or discriminating against employees liable for damages in the amount of: (1) any wages, salary, employment benefits, or other compensation denied or lost to the employee by reason of the violation; (2) (in any case where such compensation has not been denied or lost) any actual monetary losses sustained by the employee as a direct result of the violation, such as the cost of providing care, up to the amount of 12 weeks' wages or salary; (3) interest on such losses; and (4) an additional amount of liquidated damages equal to the sum of such losses and the interest (except that the court may reduce or eliminate such additional liquidated damages in cases where the employer can show good faith and reasonable grounds for believing that the act or omission was not a violation). Makes such employers also liable for appropriate equitable relief, including, without limitation, employment, reinstatement, and promotion. Requires the court to allow attorney's fees and other costs of the action to be paid by the defendant in addition to any judgment awarded to the plaintiff. Sets forth provisions for limitations of such civil actions. Sets forth provisions for action for injunction by the Secretary. Sets forth special rules concerning employees of local educational agencies and of private elementary and secondary schools, including provisions relating to intermittent leave for instructional employees, periods near the completion of an academic term, and reduction of liability. Requires employers to post notice of the pertinent provisions of this subtitle. Requires fines for willful violations of such requirement. Directs the Secretary of Labor to prescribe regulations to carry out this subtitle. Subtitle C: Leave for Civil Service Employees - Amends specified Federal law to entitle civil service employees to family and temporary medical leave for specified periods. Makes such employees eligible for such leave if they have been employed by an employing agency for at least 12 months on other than a temporary or intermittent basis. Allows such employees up to 12 administrative workweeks in any 12-month period for: (1) family leave (i.e., leave because of the birth or placement of a child or care of a sick spouse, child, or parent), but such leave may not be used at a time more than 12 months after such birth or placement; or (2) temporary medical leave for a serious health condition that makes the employee unable to perform the functions of their position. Provides that such leave shall be without pay. Allows employees to substitute other types of paid leave for any part of such leave. Sets forth requirements for employees to give prior notice of the need for such leave, when foreseeable, and to schedule medical treatments, if possible, so as to not unduly disrupt the employing agency's operations. Sets forth certification provisions. Provides for protection for job position and health insurance benefits of employees using such leave. Sets forth prohibitions against coercion. Requires the Office of Personnel Management to prescribe regulations for administration of this title which are consistent with the regulations prescribed by the Secretary of Labor under subtitle B of this title. Subtitle D: Commission on Leave - Establishes the Commission on Leave. Requires the Commission to conduct a comprehensive study of: (1) existing and proposed policies relating to leave; (2) the potential costs, benefits, and impact on productivity of such policies on employers; and (3) alternative and equivalent State enforcement of this title with respect to employees of local educational agencies and private schools. Requires the Commission to report on such study to the Congress within two years after the Commission first meets. Terminates the Commission within 30 days after its report to the Congress. Subtitle E: Miscellaneous Provisions - Sets forth the effect of this title on other laws and existing employment benefits. Provides that nothing in this title shall be construed to discourage employers from adopting more generous leave policies. Directs the Secretary of Labor to prescribe regulations to carry out this subtitle within 60 days. Subtitle F: Coverage of Congressional Employees - Applies the rights and protections established under specified provisions of subtitle B of this title to Senate employees and any employing office of the Senate. Makes specified provisions of the Government Employee Rights Act of 1991 applicable, with certain exceptions including limitations on the period for requests for counseling. Provides that allegations shall be considered by the Office of Senate Fair Employment Practices or another entity designated by the Senate. Requires such Office to ensure that Senate employees are informed of their rights under this title. Applies the rights and protections under subtitle B of this title to employees of the House of Representatives, except for the exemption concerning highly compensated employees. Requires that the remedies and procedures under the Fair Employment Practices Resolution be applied in administering such coverage. Title II: Head Start, Child Immunization, and Other Assistance for Children - Amends the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) to treat as emergency funding requirements not subject to discretionary spending limits the costs of carrying out Head Start programs under the Head Start Act, child immunizations under the Public Health Service Act, and the special supplemental food program (WIC) under the Child Nutrition Act of 1966. Title III: Family Involvement in Education - Parents as Teachers: The Family Involvement in Education Act of 1992 - Amends the Elementary and Secondary Education Act of 1965 to establish a Parents as Teachers program. Authorizes the Secretary of Education (the Secretary) to make grants to States for parents as teachers programs, with special consideration for hard-to-serve populations. Makes eligible for such a grant any State which operates a parents as teachers program associated with the Parents as Teachers National Center in Missouri. Sets forth program requirements, limiting services to families during the period from the last three months of a mother's pregnancy to the child's attaining age three. Directs the Secretary to: (1) establish a Parents as Teachers National Center for information dissemination and technical and training assistance for States with such programs; and (2) evaluate such programs within four years. Provides for a declining Federal share in such program from 100 percent in the first year to 25 percent in the fifth year. Authorizes appropriations. Title IV: Child Welfare - Subtitle A: Foster Care, Adoption, and Child Welfare Services - Amends part B (Child-Welfare Services) of title IV of the Social Security Act (SSA) to create a permanent capped entitlement program for innovative child and family services designed to preserve and strengthen families and prevent the need for unnecessary placement in foster care. Authorizes appropriations. Directs the Secretary of Health and Human Services (HHS) to authorize up to 15 States to conduct demonstration projects to improve the coordination of services and benefits provided by child and family services programs with others such as the women, infants, and children (WIC), the job opportunities and basic skills (JOBS) and Medicaid (SSA title XIX) programs which provide such services. Directs the Secretaries of HHS, of Agriculture, of Education, and the Attorney General to: (1) review department policies and regulations to determine whether changes can be made without statutory changes to improve the funding and delivery of such services; and (2) issue a report to the Congress that includes recommendations for both legislative and nonlegislative changes to improve the coordination of the funding and delivery of such services. Amends SSA title IV part E (Foster Care and Adoption Assistance) to require that a court or administrative body conducting a periodic case review of a child who is legally eligible for adoption determine and document: (1) for the child the specific measures taken by the State child welfare agency to find an adoptive family; or (2) that adoption placement would be inappropriate for the child. Gives State part E plans the option of continuing foster care maintenance and adoption assistance payments to children whose adoptions have set aside by a court. Amends the Internal Revenue Code to provide for a tax deduction of up to $3,000 for families who adopt a child with special needs. Directs the HHS Secretary to establish an Advisory Committee on Foster Care Placement to study and report to the Secretary and the Congress with respect to reasonable efforts requirements under State part E plan provisions. Revises the definition of case review system. Directs the HHS Secretary to provide for demonstration projects to test whether family reunification can be facilitated by allowing a family to receive assistance under SSA title IV part A (Aid to Families with Dependent Children) (AFDC) for the month prior to the child's return home from a foster care placement. Provides for Federal payment of specified percentages of State costs in developing, installing, and operating statewide mechanized data collection and information retrieval systems which: (1) the Secretary determines are likely to enhance the administration of programs under parts B and E; and (2) meet other specified requirements. Modifies the independent living program to permit States to allow foster children making the transition from foster care to independent living to accumulate assets for the purpose of establishing a household while preserving such child's eligibility for Medicaid. Makes such program permanent. Directs the HHS Secretary to provide for: (1) child welfare traineeships under part B for the education and training of students in child welfare services programs; and (2) guidelines for States to use Federal funds for training State and local child welfare agency employees in order to improve agency capacity to administer programs under parts B and E and to provide services accordingly. Provides for an extension of the increase in reimbursement for foster and adoptive parent training made under the Omnibus Budget Reconciliation Act of 1989. Adds to the list of information comprising the health and education records of foster children: (1) the telephone numbers of the child's health and educational providers; and (2) a record that the foster care provider was advised of the child's eligibility for Medicaid services. Permits the HHS Secretary to authorize up to ten States to conduct and evaluate specified types of child welfare demonstration projects. Allows the State of New York, after its application has been approved by the HHS Secretary as meeting specified requirements, to conduct a demonstration project for the purpose of testing how to enhance the practices and procedures that will expedite the discharge of children from foster care or the adoption of children by suitable parents. Amends the Omnibus Budget Reconciliation Act of 1989 to modify the prohibition against penalizing States before FY 1991 for noncompliance with foster care protections. Directs the HHS Secretary to submit to specified congressional committees recommendations for legislation to establish a system for the review of State child welfare programs and the provision of technical assistance to any such program. Requires the HHS Secretary to pay a State claim for foster care and adoption assistance within 90 days of its receipt unless the Secretary issues a deferral or a disallowance of such claim prior to the expiration of such 90 day period. Directs the HHS Secretary to appoint a Commission on the Evaluation of Disability in Children to study and report to the Congress on the effects of the definition of "disability" under the Supplemental Security Income program (SSA title XVI) as it applies to determining whether a child under age 18 is eligible to receive benefits under such program. Subtitle B: Provisions Relating to Comprehensive Substance Abuse Programs for Pregnant Women and Caretaker Parents with Children - Amends SSA title IV part B to authorize appropriations to enable States to establish comprehensive programs of substance abuse treatment for certain low-income pregnant women, caretaker parents, and their children. Title V: Safe Children and Communities - Safe Children and Communities Act of 1992 - Authorizes the Secretary to make grants for projects to improve the safety of families with children in low-income, violent communities. Authorizes appropriations.

American Health Care Access Improvements Act of 1992

United States · United States Congress · 17 September 1992

American Health Care Access Improvements Act of 1992 - Title I: Health Care Access Improvements - Subtitle A: Health Insurance Deduction Fairness - Amends the Internal Revenue Code to make permanent and increase from 25 to 100 percent the health insurance tax deduction for the self-employed. Subtitle B: Extension of Special Treatment Rules for Medicare-Dependent, Small Rural Hospitals - Amends title XVIII (Medicare) of the Social Security Act to extend for one year special treatment rules for Medicare-dependent small rural hospitals. Subtitle C: Benefits and Services Requirements for Exemption From Tax for Hospitals - Amends the Internal Revenue Code to set forth requirements for hospitals to maintain tax-exempt status, including: (1) the provision of certain emergency medical care; (2) the acceptance of Medicaid and Medicare patients; and (3) the provision of community health centers and clinics in medically underserved areas. Title II: Insurance Availability - Requires eligible uninsured individuals to register with the Secretary of Health and Human Services for enrollment in a qualified Federal health plan. Provides for the collection of premiums through the income tax system. Authorizes appropriations. Title III: Health Care Cost Containment - Subtitle A: Paperwork and Administrative Expense Reduction - Requires the Director of the Office of Management and Budget to: (1) identify, inventory, and assess the Federal paperwork burden associated with health care services; and (2) establish a goal for reducing such burden in each of the fiscal years 1993 through 1998 by at least five percent of the preceding fiscal year's paperwork burden. Provides a bonus for providers who initiate the use of electronic claims under the Medicare program. Subtitle B: Medical Malpractice Liability Reform - Directs the Secretary of Health and Human Services to make grants to States for the implementation and evaluation of alternative dispute resolution (ADR) systems. Sets forth eligibility requirements for States seeking such grants. Directs the Secretary to award not less than ten such grants each fiscal year, with exceptions. Requires the Secretary to: (1) designate each State receiving such a grant as a model ADR State (making such State eligible for a two-year extension); and (2) disseminate information on the ADR systems implemented by such States to other States, health care professionals and providers, and other interested parties. Directs the Secretary to: (1) develop and promulgate standards and regulations necessary to carry out the grant program, including qualification standards that States must meet to receive grants and regulations establishing State data gathering requirements; (2) take into account, in developing qualification standards, specified factors such as the effectiveness of such systems in supporting access to health care, encouraging improvements in the quality of care, resolving claims promptly, and providing predictable outcomes; (3) provide States with technical assistance; and (4) report to the Congress, within four years of the first grant, describing and evaluating the ADR systems implemented. Specifies that, with respect to any health care liability action brought in a Federal or State court and any medical malpractice claim or medical product liability claim subject to an ADR system: (1) no person may be required to pay more than $100,000 in a single payment in damages (whether for economic or non-economic losses) for expenses to be incurred in the future, but shall be permitted to make periodic payments (as determined by the court); (2) the total amount of damages that may be awarded to an individual and the family members of such individual for non-economic losses may not exceed $250,000; (3) the total amount of damages received by an individual shall be reduced by any other payment that has been or will be made to the individual to compensate such individual for the injury that was the subject of the action or claim; (4) a claimant's attorney's fees may not exceed 25 percent of the first $150,000 of any award or settlement, or 15 percent of any additional amounts, paid to the claimant; (5) the total amount of punitive damages that may be assessed may not exceed twice the total amount of the damages awarded to compensate the claimant for losses resulting from the injury; and (6) the liability of each defendant for non-economic losses shall be several only and not joint, and each defendant shall be liable only for the amount of non-economic losses allocated to the defendant in direct proportion to the defendant's percentage of responsibility. Establishes a two-year statute of limitations for medical malpractice and product liability claims, beginning on the earlier of the date on which the injury that is the subject of the action was discovered or the date it should reasonably have been discovered. Specifies that, in the case of a medical malpractice or product liability claim relating to services provided during labor or the delivery of a baby, if the claimant was not previously treated for the pregnancy by the defendant health care professional or provider a court may not find that the defendant committed malpractice and assess damages against the defendant unless the malpractice is proven by clear and convincing evidence. Bars a defendant from being found to have committed malpractice unless the defendant's conduct at the time of providing the health care services was not reasonable, except where the claimant asserts that the defendant is liable under a strict liability theory. Bars the award of punitive damages with respect to any medical product liability claim alleged against a medical product producer if the drug or device that is the subject of the claim: (1) was subject to approval or premarket approval under the Federal Food, Drug, and Cosmetic Act by the Food and Drug Administration (FDA) with respect to the safety or performance of the drug or device or the adequacy of the packaging or labeling; (2) was approved by FDA; or (3) is generally recognized as safe and effective pursuant to conditions established by FDA and applicable regulations. Makes an exception in the case of withheld information, misrepresentation, or illegal payment to an FDA official for purposes of securing approval of the drug or device. Provides for a separate proceeding to determine punitive damages. Sets forth provisions with respect to: (1) the admissibility of evidence; and (2) criteria for determining the amount of punitive damages. Provides that the U.S. district courts shall not have jurisdiction over health care liability actions based on Federal questions or based on specified provisions concerning commerce and antitrust regulations. Specifies that this title preempts State law only to the extent that State law: (1) permits the recovery by a claimant or the assessment against a defendant of a greater amount of damages; (2) permits the awarding of a greater amount of attorney's fees; (3) establishes a longer period during which medical malpractice or product liability claims may be initiated; or (4) establishes a less strict standard of proof for determining whether a defendant has committed malpractice. Amends the Public Health Service Act to direct the Secretary to encourage the establishment of a nationwide risk retention group (RRG) for community and migrant health centers receiving assistance under such Act. Defines an RRG for purposes of this title as an entity defined in the Liability Risk Retention Act of 1986 that: (1) provides professional liability insurance and other types of profitable insurance approved for issuance by the Secretary to community and migrant health centers; (2) provides insurance that applies to all claims filed against a community or migrant health center after the entity initiates insurance coverage and to claims arising from acts that occurred prior to the initiation of coverage if the claims are not covered by other insurance; and (3) meets such other requirements as the Secretary may establish. Subtitle C: Medical Savings Accounts - Amends the Internal Revenue Code to allow individuals a tax deduction for contributions made to a medical care savings account established for the benefit of an eligible individual. Defines an eligible individual as: (1) one who is not covered by an employer-provided group health plan; or (2) one who is covered by such a plan which is a qualified catastrophic coverage health plan and is not covered by any other health plan. Allows penalty-free withdrawals from such accounts to the extent that amounts in such accounts exceed $15,000. Allows such deduction in arriving at adjusted gross income. Establishes an excise tax for excess contributions to medical care savings accounts and makes such accounts subject to the tax on prohibited transactions. Allows the transfer of unused amounts in flexible spending accounts of cafeteria plans to medical savings accounts. Subtitle D: Estimates of Expenses Prior to Treatment - Requires providers of health care items or services to disclose to individuals prior to their treatment the price to be charged for such items or services, except in cases of emergencies. Subtitle E: Limitation on Exclusion for Employer Provided Health Coverage - Limits the amount excludable from the gross income of an employee for employer-provided health care coverage. Subjects such amount to an inflation adjustment.

Family Investment Act of 1992

United States · United States Congress · 17 September 1992

Family Investment Act of 1992 - Title I: Family and Medical Leave - Subtitle A: Short Title; Findings and Purposes - Family and Medical Leave Act of 1992 - Sets forth the short title of this title I, along with findings and purposes. Subtitle B: General Requirements for Leave - Establishes certain requirements for family and medical leave for permanent employees. Makes employees eligible for such leave if they have been employed, by the employer from whom leave is sought, for at least: (1) a total of 12 months; and (2) 1,250 hours of service during the previous 12-month period. (Excludes from such coverage: (1) employees at worksites at which the employer employs less than 50 persons, if the total number of employees of that employer within 75 miles of that worksite is less than 50; and (2) Federal officers and employees covered under subtitle C of this title.) Entitles employees to 12 workweeks of leave during any 12-month period because of: (1) the birth and care of their child; (2) the placement of a child for their adoption or foster care; (3) their care of a child, spouse, or parent who has a serious health condition; or (4) their own serious health condition which makes them unable to perform the functions of their position. Conditions such leave for the birth or placement of a child as follows: (1) the entitlement ends 12 months after the birth or placement; (2) such leave may not be taken intermittently unless employee and employer agree otherwise. Allows intermittent leave for necessary medical treatment of an employee or family member. Allows the employer to require a temporary transfer to an equivalent alternative position that better accommodates such intermittent leave. Allows all leave to which an employee is entitled under this subtitle: (1) to be taken on a reduced leave schedule, upon agreement with the employer; and (2) to consist of unpaid leave, except under specified conditions when substitution of certain types of paid leave may be elected or required. Declares that nothing in this Act shall require an employer to provide paid sick or medical leave in any situation in which the employer would not normally provide any such paid leave. Requires employees to: (1) give at least 30 days' notice of the need for leave to which they are entitled under this Act, when foreseeable; and (2) make a reasonable effort to schedule medical treatment or supervision so as not to disrupt unduly the employer's operations, subject to approval of the health care provider. Allows limitation of the dual aggregate leave entitlement to 12 weeks in any 12-month period, in the case of spouses employed by the same employer, if such leave is for the birth or placement of a child or for the care of a sick parent. Sets forth conditions of certification for leave entitlements under this title, including provisions relating to: (1) sufficient certification; (2) explanation of inability to perform job functions; (3) dates and duration of planned medical treatment in the case of intermittent leave; (4) second opinion; (5) resolution of conflicting opinions; and (6) subsequent recertification. Sets forth employment and benefits protections relating to leave entitlements under this title. Requires restoration of the employee to his or her position or an equivalent position upon return from such leave. Allows an employer to deny such restoration to certain highly compensated employees (i.e. those among the highest paid ten percent of the employer's employees within 75 miles of the facility at which the employee works), under specified conditions, if necessary to prevent substantial and grievous economic injury to the employer's operations. Requires maintenance of employee health benefits during such leave. Allows the employer to recover premiums paid for such coverage if the employee fails to return to work after the leave period has expired for reasons other than a certified serious health condition or other circumstances beyond the employee's control. Prohibits employers or other persons from: (1) interfering with employee rights under this title; or (2) from discriminating against any individual because of participation in proceedings or inquiries under this subtitle, or because the individual opposes any practice made unlawful by this subtitle. Sets forth the investigative authority of the Secretary of Labor (the Secretary) under this subtitle. Provides for enforcement of this title. Provides for administrative action by the Secretary to resolve complaints of violations under this subtitle in the same manner as under specified provisions of the Fair Labor Standards Act of 1938. Provides for civil actions by employees, and by the Secretary on their behalf. Makes an employer who violates this subtitle's prohibitions against interfering with employee exercise of rights or discriminating against employees liable for damages in the amount of: (1) any wages, salary, employment benefits, or other compensation denied or lost to the employee by reason of the violation; (2) (in any case where such compensation has not been denied or lost) any actual monetary losses sustained by the employee as a direct result of the violation, such as the cost of providing care, up to the amount of 12 weeks' wages or salary; (3) interest on such losses; and (4) an additional amount of liquidated damages equal to the sum of such losses and the interest (except that the court may reduce or eliminate such additional liquidated damages in cases where the employer can show good faith and reasonable grounds for believing that the act or omission was not a violation). Makes such employers also liable for appropriate equitable relief, including, without limitation, employment, reinstatement, and promotion. Requires the court to allow attorney's fees and other costs of the action to be paid by the defendant in addition to any judgment awarded to the plaintiff. Sets forth provisions for limitations of such civil actions. Sets forth provisions for action for injunction by the Secretary. Sets forth special rules concerning employees of local educational agencies and of private elementary and secondary schools, including provisions relating to intermittent leave for instructional employees, periods near the completion of an academic term, and reduction of liability. Requires employers to post notice of the pertinent provisions of this subtitle. Requires fines for willful violations of such requirement. Directs the Secretary of Labor to prescribe regulations to carry out this subtitle. Subtitle C: Leave for Civil Service Employees - Amends specified Federal law to entitle civil service employees to family and temporary medical leave for specified periods. Makes such employees eligible for such leave if they have been employed by an employing agency for at least 12 months on other than a temporary or intermittent basis. Allows such employees up to 12 administrative workweeks in any 12-month period for: (1) family leave (i.e., leave because of the birth or placement of a child or care of a sick spouse, child, or parent), but such leave may not be used at a time more than 12 months after such birth or placement; or (2) temporary medical leave for a serious health condition that makes the employee unable to perform the functions of their position. Provides that such leave shall be without pay. Allows employees to substitute other types of paid leave for any part of such leave. Sets forth requirements for employees to give prior notice of the need for such leave, when foreseeable, and to schedule medical treatments, if possible, so as to not unduly disrupt the employing agency's operations. Sets forth certification provisions. Provides for protection for job position and health insurance benefits of employees using such leave. Sets forth prohibitions against coercion. Requires the Office of Personnel Management to prescribe regulations for administration of this title which are consistent with the regulations prescribed by the Secretary of Labor under subtitle B of this title. Subtitle D: Commission on Leave - Establishes the Commission on Leave. Requires the Commission to conduct a comprehensive study of: (1) existing and proposed policies relating to leave; (2) the potential costs, benefits, and impact on productivity of such policies on employers; and (3) alternative and equivalent State enforcement of this title with respect to employees of local educational agencies and private schools. Requires the Commission to report on such study to the Congress within two years after the Commission first meets. Terminates the Commission within 30 days after its report to the Congress. Subtitle E: Miscellaneous Provisions - Sets forth the effect of this title on other laws and existing employment benefits. Provides that nothing in this title shall be construed to discourage employers from adopting more generous leave policies. Directs the Secretary of Labor to prescribe regulations to carry out this subtitle within 60 days. Subtitle F: Coverage of Congressional Employees - Applies the rights and protections established under specified provisions of subtitle B of this title to Senate employees and any employing office of the Senate. Makes specified provisions of the Government Employee Rights Act of 1991 applicable, with certain exceptions including limitations on the period for requests for counseling. Provides that allegations shall be considered by the Office of Senate Fair Employment Practices or another entity designated by the Senate. Requires such Office to ensure that Senate employees are informed of their rights under this title. Applies the rights and protections under subtitle B of this title to employees of the House of Representatives, except for the exemption concerning highly compensated employees. Requires that the remedies and procedures under the Fair Employment Practices Resolution be applied in administering such coverage. Title II: Head Start, Child Immunization, and WIC Programs as Emergency Funding for Budget Purposes - Amends the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) to treat as emergency funding requirements not subject to discretionary spending limits the costs of carrying out Head Start programs under the Head Start Act, child immunizations under the Public Health Service Act, and the special supplemental food program (WIC) under the Child Nutrition Act of 1966. Title III: Parents as Teachers - Parents as Teachers: the Family Involvement in Education Act of 1992 - Amends the Elementary and Secondary Education Act of 1965 to establish a Parents as Teachers program. Authorizes the Secretary of Education (the Secretary) to make grants to States for parents as teachers programs, with special consideration for hard-to-serve populations. Makes eligible for such a grant any State which operates a parents as teachers program associated with the Parents as Teachers National Center in Missouri. Sets forth program requirements, limiting services to families during the period from the last three months of a mother's pregnancy to the child's attaining age three. Directs the Secretary to: (1) establish a Parents as Teachers National Center for information dissemination and technical and training assistance for States with such programs; and (2) evaluate such programs within four years. Provides for a declining Federal share in such program from 100 percent in the first year to 25 percent in the fifth year. Authorizes appropriations. Title IV: Family Preservation - Subtitle A: References to Social Security Act - States that, except as otherwise expressly provided, all amendments in this title are to the Social Security Act. Subtitle B: Child Welfare Services - Amends part B (Child Welfare Services) of title IV of the Social Security Act (SSA) to create an entitlement program for specialized child welfare services designed to keep together or reunify families in crises due to substance abuse, and prevent the need for placement in foster care. Repeals provisions for incentive payments to States which maintain a foster care inventory, information system, and case review system; but requires States to provide such protections and other services designed to keep families together or reunify them, or to place children for adoption, with a legal guardian, or in some other planned, permanent living arrangement. Requires States to submit the following types of reports on child welfare services and expenditures: (1) pre-expenditure reports; (2) post-expenditure reports; and (3) comparative financial contributions reports. Requires the Secretary of Health and Human Services to transmit annually to specified congressional committees a summary of the information in such contributions reports. Reserves funds for entitlement grants to State court systems to assess and improve procedures in child welfare cases, in carrying out SSA title IV parts B and E (Foster Care and Adoption Assistance). Sets forth application requirements and formulas for determining the amount of such grants for FY 1994 through 1998. Directs the Secretary to submit interim and final reports to the Congress on the information obtained from assessments conducted with such grants and the impact of such grant program on State court procedures and functions. Requires each State to compile biennially a detailed directory of programs designed to keep families together or reunify them or place children permanenty, identifying which of such programs provides specialized child welfare services to families in crisis due to substance abuse. Requires State part B plans to contain a description of the measures taken by the State to comply with the Indian Child Welfare Act. Subtitle C: Foster Care and Adoption Assistance - Amends SSA title IV to add a new part C, Comprehensive Service Projects to grant States the flexibility and resources to develop comprehensive and coordinated services designed to: (1) preserve and strengthen families with children at risk of placement outside their homes; (2) reunite children with their families expeditiously if an out-of-home placement is found to be necessary; and (3) place children in adoptive homes or other permanent arrangements in a timely fashion if reunification with their families is not appropriate. Permits any State to apply to the Secretary for permission to: (1) conduct a comprehensive service project in a selected area or areas; and (2) suspend certain child welfare services and foster care and adoption assistance requirements with respect to State activities in such area or areas during the project. Sets forth: (1) application requirements and administrative provisions for such projects; (2) requirements with which such a project must comply; (3) provisions for determining project grant amounts; and (4) requirements for notification to States of such amounts, and for grant payments in equal quarterly installments. Places restrictions on the manner in which a State may carry out such projects. Requires States to report annually on funds expended under such projects to the Secretary and the Advisory Commission on Children and Families. Provides for project termination. Permits foster care and adoption assistance payments to be made in certain cases involving abandoned children and children whose adoption has been set aside by a court. Makes technical changes in the foster care maintenance and adoption assistance programs with respect to the removal from home requirement. Gives States the option of providing for respite care for foster parents with children who have special needs. Expands the definition of children with special needs for purposes of the adoption assistance program. Requires each States to submit to the Secretary the factors and conditions it uses to identify children with special needs, for purpsoes of such program, and any modifications to such factors and conditions. Directs the Secretary to establish an Advisory Committee on Foster Care Placement to study and report to the Secretary and the Congress on reasonable efforts requirements under State part E plan provisions. Covers specified percentages of State costs in developing, installing, and operating statewide mechanized data collection and information retrieval systems which: (1) the Secretary determines are likely to enhance the administrations of programs under parts B and E; and (2) meet other specified requirements. Requires State part E plans to provide for: (1) a triennial review of the amounts paid as foster care maintenance payments and adoption assistance to assure their continuing appropriateness; and (2) a report to the Secretary on the results. Requires that the dispositional hearing to determine the final status of a foster child occur within 12 months of his or her original placement, rather than the current 18 months. Revises: (1) the definition of "case review system"; and (2) the time frame for judicial determinations on voluntary placements. Sets forth case plan requirements for placement of children in out-of-State foster care. Requires annual review of the status of children in out-of-State foster care placements with the child present, except under certain circumstances. Requires States to collect data on the numbers of children in out-of-State foster care placements. Requires a State, in order to receive payments for expenditures after FY 1994 for foster care maintenance payments with respect to children placed in foster care outside the State, to conduct and submit to the Secretary a study identifying the number and common characteristics of such children and the reason why they were not placed in foster care in the State. Permits States to allow foster children making the transition from foster care to independent living to accumulate assets for the purpose of establishing a household. Eliminates: (1) the ceilings on Federal foster care payments to States; and (2) the States' authority to transfer unused foster care funds to the Child Welfare Services program. Directs the Secretary to: (1) establish an advisory committee; and (2) after consultation with it, issue final regulations for training of staff of agencies responsible for administering foster care and adoption assistance programs and for training of foster and adoptive parents. Directs the Secretary to publish annually information, on a State-by-State basis, on expenditures for, and the operations of, the Child Welfare Services program, the Foster Care and Adoption Assistance program, and Comprehensive Service Projects. Amends SSA title IV to add a new part G, Child Welfare Review System, under which the Secretary is required to: (1) establish a new system for reviewing State child welfare program compliance with SSA requirements; and (2) take certain actions in cases of noncompliance, which include imposing financial penalties. Subtitle D: Social Services Block Grant - Amends SSA title XX (Block Grants to States for Social Services) to authorize increased appropriations under such grant program. Provides for the allocation of funds to Indian tribes and tribal organizations. Subtitle E: Research, Demonstration, and Evaluation Activities - Amends part A (General Provisions) of SSA title XI to require the Director of the Office of Technology Assessment (OTA) to establish an Advisory Commission on Children and Families. Requires the Commission to collect and assess specified types of information in order to identify cost-effective approaches to protect and enhance the physical, mental, emotional, and financial well-being of children and their families. Directs OTA to report annually to the Congress on the Commission and its assessment. Requires the Commission to conduct, directly or through contracts with independent research organizations, the following research and evaluation projects: (1) an evaluation of child welfare service programs, including intensive family preservation programs; (2) foster care evaluations; (3) longitudinal child welfare data bases, and studies of child welfare population dynamics; and (4) comprehensive service projects evaluations. Requires the Commission to study child separation guidelines. Directs the Secretary to contract with independent organizations to conduct the following research and evaluations: (1) a study to assess the prevalence and nature of risks to the safety of employees of child welfare systems; and (2) a three-year study to examine methodologies for measuring the workloads of providers of child welfare services and community mental health services. Directs the Secretary to authorize the following types of child welfare demonstration projects: (1) expeditious permanent placement of children; (2) child welfare worker training to deliver culturally sensitive and special needs services in U.S. areas that border on Mexico; (3) child welfare worker recruitment and retention strategies; and (4) joint training of child welfare workers and staff of mental health and juvenile justice agencies. Permits the Secretary to authorize foster care and adoption assistance demonstration projects to test the feasibility of eliminating certain SSA income and resources requirements, and allowing States to receive reimbursement for foster care and adoption assistance payments made with respect to children without regard to such income and resources. Directs the Secretary to provide technical assistance to States for: (1) implementing child welfare services, comprehensive service projects, and foster care and adoption assistance programs; (2) disseminating information on innovative child welfare agencies; (3) correcting problems identified through Federal audits and reviews and carrying out corrective action plans under foster care and adoption assistance programs; (4) implementing the foster care and adoption data collection system; and (5) addressing other matters identified by the Secretary. Subtitle F: Miscellaneous Human Resources Amendments - Amend SSA title IV part A (Aid to Families with Dependent Chidren) (AFDC) to: (1) give States the option to use retrospective budgeting without monthly reporting under the AFDC program; and (2) increase the stepparent income disregarded under the AFDC program. Amends the Family Support Act of 1988 to provide for an extension of the period for demonstration projects for evaluating model procedures for reviewing child support awards. Title V: Safe Children and Communities - Safe Children and Communities Act of 1992 - Authorizes the Secretary to make grants for projects to improve the safety of families with children in low-income, violent communities. Authorizes appropriations.

Indian Self-Determination and Education Assistance Act Amendments Act of 1992

United States · United States Congress · 16 September 1992

Indian Self-Determination and Education Assistance Act Amendments Act of 1992 - Amends the Indian Self-Determination and Education Assistance Act (the Act) to define construction contract as a self-determination contract for any construction program other than a contract: (1) limited to providing architectural and engineering services, planning services, or construction management services; or (2) for the Housing Improvement Program administered by the Secretary of the Interior. Reduces certain reporting requirements under the Act. Specifies that tribal organizations are exempt from Davis-Bacon Act wage requirements under the Act. Recognizes tribal laws involving employment or contract preference. Specifies that all administrative functions of the Departments of the Interior and of Health and Human Services (HHS) which support the delivery of services to Indians are contractable under the Act, including those which are related to, but not part of, the service delivery program and which are otherwise contractable. Provides that programs shall be contractable without regard to the organizational level within the Department. Revises requirements relating to review procedures and approval criteria for proposed self-determination contracts and amendments. Provides for approval of any severable portion of a contract proposal which does not support a declination finding. Places the burden of proof (in a hearing or appeal) on the appropriate Secretary (of the Interior or HHS) to establish by clear and convincing evidence that the contract proposal should be declined. Requires that the final departmental decision in all such appeals be made at a level no lower than that of the Assistant Secretary. Allows a tribal organization in Alaska to redelegate specified contract authority. Specifies that certain Federal procurement policy law and Federal acquisitions regulations apply to contracts, grants, and cooperative agreements under the Act only to the extent that they are not inconsistent with the provisions or policy of the Act. Specifies that a tribe may rescind its request for retrocession. Specifies that the prohibition against the appropriate Secretary's making any contract that impairs ability to carry out trust responsibilities to any Indian tribe or individual refers to contracts for the provision of personal services. Provides that: (1) title to property and equipment furnished with funds under any self-determination contract or grant agreement shall vest in the appropriate tribe or tribal organization; and (2) upon retrocession, rescission, or termination of such contract or grant title to such property having a value in excess of a specified amount, and remaining in use in support of the contracted program, shall revert to the appropriate Secretary, upon that Secretary's option. Establishes procedures for coordinating newly contracted programs with programs which are still being administered by the appropriate Secretary. Authorizes tribal organizations, which are carrying out self-determination contracts, to redesign programs, activities, functions, and services under such contracts to best meet various needs of the Indian people and tribe served. Requires program standards in such contracts to be developed by mutual agreement to maximize such flexibility while assuring adequate protection of trust resources and delivery of satisfactory services. Deems an Indian tribe or tribal organization carrying out a contract, grant, or cooperative agreement under the Act as a Federal executive agency for purposes of access to special rates (for travel, lodging, and so forth) under specified Federal law involving Federal sources of supply. Requires the appropriate Secretary to provide no less an amount for a program under contract than would otherwise have been provided for such program, without regard to organizational levels within the Department. Includes savings in operation under a cost reimbursement contract involving a construction program among the self-determination contract savings that are to be used to provide additional services or benefits under the contract or be expended in the succeeding fiscal year (by the tribal contractor, rather than reverting to the Treasury). Provides for inclusion of certain previously incurred or one-time startup costs as part of the contract or of support costs, if the Secretary has been notified in advance. Includes under accounting and reporting requirements for the appropriate Secretary's annual report to the Congress any deficiency of funds needed to provide: (1) contract support costs (as well as required indirect costs) to all contractors for the current fiscal year; and (2) satisfactory services to any tribes adversely affected by contracting activities under the Act. Requires every Federal agency to pay its full proportionate share of the indirect costs associated with federally funded contracts or grants awarded to tribes or tribal organizations under any other law. Directs the appropriate Secretary, subject to availability of appropriations, to fund shortfalls and report unfunded shortfalls to the Congress, if appropriations are insufficient for Federal agencies (other than the Departments of the Interior or HHS) or for State governments or agencies to pay their full proportionate share. Prescribes when a 365-day statute of limitations begins to run, under provisions for rights of action or other remedies (excluding criminal penalties) relating to disallowance of costs. Allows a tribal organization to use funds provided under a self-determination contract: (1) to meet matching or cost participation requirements under other Federal and non-Federal programs; and (2) without approval, to the extent supportive of a contract program, for various specified purposes. Directs the Office of Management and the Budget, within 12 months after enactment of this Act and with tribal participation, to develop a separate set of cost principles applicable to tribes and tribal organizations consistent with the government-to-government Federal-tribal relationship under this Act. Prohibits the appropriate Secretary from suspending or delaying payments to a tribal organization under a self-determination contract, except in connection with a rescission or reassumption. Specifies that program income earned by a tribal organization in carrying out a self-determination contract: (1) shall be used to further the general purposes of the contract; and (2) shall not be a basis for reducing the amount otherwise obligated under the contract. Requires the appropriate Secretary to make any savings resulting from contracting activities under the Act (which reduce Federal administrative responsibilities for Indian programs and which have not been otherwise included in the contract amount) available to tribal organizations contracting under the Act, to the extent that does not adversely affect the Secretary's ability to carry out responsibilities to other tribes and tribal organizations. Requires that all administrative appeals relating to self-determination contracts be heard by the Interior Board of Contracts (but otherwise retains the applicability of the Contract Disputes Act to self-determination contracts).

Priority Reforms for a New House Resolution of 1992

United States · United States Congress · 15 September 1992

Priority Reforms for a New House Resolution of 1992 - Amends rule I of the Rules of the House of Representatives to direct the Speaker of the House to announce a specified legislative program at the beginning of each session of the Congress. Requires the Speaker to ensure that the minority leader is fully consulted in developing the program for the House each week. Amends rule X to require the House standing committees to hold their organizational meetings within four calendar days after their election and to conclude the meetings within seven calendar days after such election. Requires the membership of each committee (except the Committee on Standards of Official Conduct and the Subcommittee on Administrative Oversight of the Committee on House Administration) select committee, and conference committee to reflect the ratio of majority to minority party Members of the House at the beginning of the Congress. Excludes the Resident Commissioner from Puerto Rico and the Delegates to the House from the count in determining such party ratio of committees. Prohibits any standing committee of the House (except the Committee on Appropriations) from establishing more than six subcommittees. Prevents any Member from serving on more than four House subcommittees at any one time. Requires each standing committee of the House, by March 1 in the first session of a Congress, in a meeting open to the public and with a quorum present, to adopt and submit to the Committee on House Administration its oversight plans for that Congress. Prohibits the consideration of any committee expenses resolution, or any amendment to it, if that committee has not submitted its oversight plans. Directs the Committee on House Administration to report the oversight plan submitted by each committee to the House. Authorizes the Speaker, with the approval of the House, to appoint special ad hoc oversight committees to review specific matters within the jurisdiction of two or more standing committees. Amends rule XI to require each committee to include in its report due by January 2 of each odd-numbered year summaries of legislative and oversight activities of that committee. Amends rule X to require the Speaker to refer legislation initially to one committee as the committee of principal jurisdiction (currently, such legislation may initially be referred simultaneously to two or more committees for concurrent consideration). Amends rule XI to repeal the exceptions allowing voting by proxy by a member of any committee or subcommittee with respect to any measure or matter. Allows committees and subcommittees to close their meetings only where disclosure of matters to be considered would: (1) endanger national security; (2) tend to defame, degrade, or incriminate any person; (3) violate any law or rule of the House; or (4) involve committee personnel matters. Provides that a majority of the members of each committee or subcommittee shall constitute a quorum for the transaction of any business, including the markup of legislation (currently, all committees but the Committees on Appropriations, Budget, and Ways and Means are permitted to fix the number exceeding one-third of the members that constitutes a quorum). Makes it out of order to consider any primary expenses resolution unless the Committee on House Administration has reported, and the House has adopted, a resolution establishing an overall ceiling for House committee statutory and investigative staff personnel for that year. Makes such a resolution privileged. Sets forth requirements governing staff positions authorized and allocated under primary and supplemental expense resolutions. Provides that the overall ceiling for committee staff in a resolution reported by the committee or contained in any amendment for the first and second session of the 103d Congress and the first session of the 104th Congress shall not exceed 90 percent of the total committee staff personnel employed in the previous session of the Congress. Makes it in order to consider amendments to bills making appropriations for the legislative branch placing limitations on the number of staff personnel of House committees not otherwise subject to rule XI. Makes it out of order for the Committee on Rules to report any rule or order that would prevent a motion to recommit that has amendatory instructions (except in the case of a Senate measure for which the language of a House passed measure has been substituted). Abolishes the following select committees and terminates their funding for investigations and studies: (1) the Select Committee on Children, Youth, and Family; (2) the Select Committee on Hunger; (3) the Select Committee on Narcotics Abuse and Control; and (4) the Select Committee on Aging. Makes it out of order, during the first session of the 103d Congress, to consider any resolution reestablishing such committees or any order of business resolution waiving this prohibition except by a two-thirds vote of the House. Amends rule XXI to make it out of order to consider any bill or joint resolution in the House which directly or indirectly authorizes enactment of new budget authority for a fiscal year unless such measure is reported in the House on or before May 15 preceding the beginning of such fiscal year.

Federal Courts Administration Act of 1992

United States · United States Congress · 14 September 1992

Federal Courts Administration Act of 1992 - Title I: Implementation of Federal Courts Study Committee Recommendations - Amends the Federal judicial code to authorize the Supreme Court to prescribe rules for appeal of interlocutory decisions to the courts of appeals. Amends: (1) the Economic Stabilization Act of 1970 to allow appeals from orders or judgments entered by a U.S. district court in cases arising under such Act to be brought in the U.S. Court of Appeals for the Federal Circuit (Federal Circuit), subject to specified limitations; and (2) the Natural Gas Policy Act of 1978 to transfer all cases of the Temporary Emergency Court of Appeals to the Federal Circuit. Includes within the jurisdiction of the Federal Circuit specified appeals under: (1) the Economic Stabilization Act of 1970; (2) the Emergency Petroleum Allocation Act of 1973; (3) the Natural Gas Policy Act of 1978; and (4) the Energy Policy and Conservation Act. Abolishes the Temporary Emergency Court of Appeals and transfers any pending cases to the Federal Circuit. Amends the Federal criminal code to authorize a magistrate judge to: (1) revoke, modify, or reinstate (currently, revoke or reinstate) the probation of a defendant that such judge has sentenced; and (2) modify, revoke, or terminate supervised release of any person sentenced to a term of supervised release by a magistrate judge. Permits a district judge to designate a magistrate judge to conduct hearings to modify, revoke, or terminate supervised release, including evidentiary hearings, and to submit to the judge proposed findings of fact and recommendations for such modification, revocation, or termination by the judge (including, in the case of revocation, a recommended sentence). Directs the magistrate judge to file his or her proposed findings and recommendations. Amends the Federal judicial code to authorize the Chief Justice of the United States, in the public interest, to designate and assign temporarily any circuit judge to act as circuit judge in another circuit upon request by the chief judge or circuit justice of such circuit. (Current law makes no mention of the public interest and authorizes such action upon presentation of a certificate of necessity by the chief judge or circuit justice of the circuit where the need arises.) Title II: Judicial Survivors' Annuities Improvements - Amends the Federal judicial code to authorize judicial officials of the United States (officials) to elect to contribute 2.2 percent of their salary and 3.5 percent of their retirement salary (under current law, five percent of their salary) to the Judicial Survivors' Annuities Fund. Requires an official who is not entitled to receive an immediate retirement salary upon leaving office but who is eligible to receive a deferred retirement salary at a later date to file, within 90 days before leaving office, a written notification of intent to remain within the purview of provisions with respect to the Fund (which shall constitute consent to contribute the 3.5 percent of deferred retirement salary) or be deemed to have revoked the election to participate under such provisions. Provides for the refund of deposits into the Fund for officials who leave office and are ineligible to receive a retirement salary, or who leave office and are entitled to a deferred retirement salary but fail to make an election. Counts as creditable service those years during which an official had deductions withheld from his or her retirement salary. Revises the formula with respect to the computation of the annuity to take into account the number of years during which the official had deductions withheld from his or her retirement salary. Authorizes an official who ceases to be married after making the election to revoke such election in writing by notifying the Director of the Administrative Office of the U.S. Courts (Administrative Office). Requires such official to also notify any spouse or former spouse of the application for revocation in accordance with such requirements as the Director shall prescribe. Authorizes the Director to provide for waiver of the notification requirement with respect to a spouse or former spouse if such official established to the Director's satisfaction that the whereabouts of such person cannot be determined. Directs the Comptroller General of the United States, at the end of each three-fiscal year period, to determine whether the contributions by officials during such period accounted for 50 percent of the costs of the Fund and, if not, what adjustments in the contribution rates should be made to achieve that 50 percent figure. Sets forth reporting requirements. Requires the Director, of the basis of each such report, to adjust the contribution rates in accordance with the report. Specifies that such rates shall thereafter apply, subject to specified limitations. Provides a credit for prior contributions made to the Fund by officials at the higher rate. Permits any official who elects to participate to make a redeposit to the credit of the Fund in installments, in such amounts and under such conditions as may be determined by the Director. Specifies that if an official elects to make a redeposit in installments: (1) the Director shall require that the first installment payment made shall be in an amount no smaller than the last 18 months of salary deductions or deposits previously returned to such official in a lump-sum payment; and (2) the election to participate shall be effective upon payment of the first such installment. Directs the Comptroller General to: (1) conduct an audit of the judicial survivors annuities program for the three-year period beginning on the date of enactment of this Act; and (2) report to the Congress on the results of such audit, comparing such program to other survivors annuities programs within the Federal Government. Puts officials, including judges of the U.S. Court of Federal Claims (as redesignated under title IX of this Act), the district courts of Guam, the Northern Mariana Islands, or the Virgin Islands, and bankruptcy and magistrate judges on a par with any other "justice or judge of the United States" (those covered under current law) with respect to eligibility for Government life insurance, termination of insurance, and conversion rights, subject to specified limitations. Makes any member of a family who is a survivor of a justice or judge of the United States, a judge of the U.S. Court of Federal Claims, the district of Guam, the Northern Mariana Islands, the Virgin Islands, a bankruptcy judge, or a full-time magistrate judge eligible for Government health insurance. Title III: Judicial Financial Administration - Amends the Federal judicial code to provide for the award of filing fees in actions brought by the United States in which the United States prevails (regardless of whether the Government paid the fee upon commencing the action). Revises provisions with respect to the disposition of filing fees. Provides that: (1) of the amounts paid to the clerk of court as a fee or a judgment for costs, $60 shall be deposited into a special fund of the Treasury to offset funds appropriated for the operation and maintenance of U.S. courts; and (2) if the court authorizes a fee or judgment for costs of less than $120, the entire fee, up to $60, shall be deposited into such fund. Title IV: Jury Matters - Permits prospective jurors in Massachusetts to be selected from the resident list provided for under Massachusetts law, rather than from voter lists. Extends Federal Employees' Compensation Act (workers' compensation) coverage to jurors when they are traveling to or from court. Permits reimbursement of grand jurors' actual reasonable costs of air travel to district court pursuant to a summons, under guidelines set by the Judicial Conference, when travel by other means is not feasible and when certified by the chief judge of the district court in which the grand juror serves. Provides permanent authorization for optional use of a one-step summoning and qualification procedure for jury selection. (Current law provides for experimental use of such procedure.) Title V: Miscellaneous - Amends: (1) the Federal judicial code to permit courts of appeals to pretermit any regular session of court at any place for insufficient business or other good cause without the consent of the Judicial Conference, and to transfer the reporting requirement for fees and expenses under the Equal Access to Justice Act from the Director to the Attorney General; (2) the Financial Institutions Regulatory and Interest Rate Control Act of 1978 to eliminate a duplicative reporting requirement; and (3) the Judicial Improvements Act of 1990 to allow the Federal Judicial Center an additional nine months to submit to the Congress and the Judicial Conference the report on its study of intercircuit conflicts and structural alternatives for the Federal Courts of Appeals. Amends the Federal judicial code to authorize the Director to provide for the sale or disposal of recyclable scrap materials held by any entity within the judicial branch, subject to specified requirements. Specifies that a civil action wherein jurisdiction is founded only on diversity of citizenship may be brought only in specified judicial districts, including one in which the defendants are subject to personal jurisdiction at the time the action is commenced (as under current law) if there is no district in which the action may otherwise be brought. Amends the Civil Justice Reform Act of 1990 to require the Director to transmit to the U.S. district courts a summary of each (currently, each) report on the state of each such court's civil and criminal dockets. Provides for the recovery of costs and fees in the U.S. Court of Veterans Appeals under the Equal Access to Justice Act. Title VI: Judiciary Personnel Administration, Benefits, and Protections - Amends the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) to exempt the Judicial Officers' Retirement Fund, the Court of Federal Claims Judges' Retirement Fund, and payments to the Judiciary Trust Funds from reductions under such Act. Defines court reporters as "full-time" employees for annuity purposes if they are paid full-time salaries. Authorizes the Federal Judicial Center to: (1) cooperate with and assist Federal agencies and other appropriate organizations in providing information and advice to further improvement in the administration of justice in the courts of foreign countries and to acquire information about judicial administration in foreign countries; and (2) fix compensation of secretarial and clerical personnel without regard to General Schedule pay rates. Title VII: Criminal Administrative Matters - Directs probation and pretrial services officers: (1) when directed by the court and to the degree required by the regimen of care or treatment ordered by the court as a condition of release, to keep informed as to the conduct and provide supervision of persons conditionally released; and (2) to report any violation of such a condition to the court and Attorney General or his designee. Affords Criminal Justice Act attorneys and experts, and community defender organizations, travel and lodging at Government rates. Title VIII: State Justice Institute Reauthorization - Amends the State Justice Institute Act of 1984 to authorize appropriations for the State Justice Institute for FY 1993 through 1996. Authorizes the Institute, upon application by an appropriate State or local (currently, Federal, State, or local) agency or institution and if the arrangement to be made by such agency or institution will provide services which could not be provided adequately through nongovernmental arrangements, to award a grant or enter into a cooperative agreement or contract with a unit of State or local (currently, Federal, State, or local) government other than a court. (Current law also requires the Institute to give priority to specified grants, cooperative agreements, or contracts.) Grants the Institute the authority to enter into contracts with Federal agencies to carry out the purposes of the Act. Title IX: Court of Federal Claims - Court of Federal Claims Technical and Procedural Improvements Act of 1992 - Amends the Federal judicial code to change the name of the U.S. Claims Court to the U.S. Court of Federal Claims (Claims Court). Specifies that: (1) the annuity of a Claims Court judge on senior status after age 65 shall be comparable to that of other senior status Federal trial judges insofar as social security taxes and payments are concerned; and (2) Claims Court judges are judicial officers eligible for coverage under specified annuity and insurance programs. Extends to Claims Court judges the same treatment afforded to other Federal trial judges with respect to earned military retirement pay. Makes technical and conforming amendments regarding the recall of a senior Claims Court judge. Authorizes: (1) Claims Court judges to hire the same number of law clerks as U.S. district court judges; (2) the Claims Court to hold court throughout the United States, including its territories and possessions (currently, court may only be held in the District of Columbia (DC) and in four locations outside DC); (3) the chief judge of the Claims Court to issue an order authorizing a judge of such court to conduct proceedings in a foreign country whose laws do not prohibit such proceedings, with exceptions; and (4) the Federal Circuit to permit an appeal from an order of the chief judge of the Claims Court with respect to such proceedings. Amends the Contract Disputes Act of 1978 to provide that: (1) if the certification of a claim under such Act is technically defective, a court or agency board of contract appeals may permit the certification to be corrected at any time prior to a final decision by the court or agency board of contract appeals unless the failure to properly certify in the first instance was fraudulent, in bad faith, or with reckless or grossly negligent disregard of the requirements of the relevant statutes or regulations; and (2) if the contracting officer did not challenge the validity of the certification and the court or agency board of contract appeals permits the defective certification to be corrected under such provision, interest shall accrue on the claim from the date the claim was first submitted to the contracting officer. Makes applicable to the Claims Court provisions pertaining to costs, witness fees, forma pauperis proceedings, and counsel's liability for excessive costs which are currently applicable to other Federal trial courts. Grants the Claims Court specified power to punish contempt of its authority and to have such assistance in carrying out its orders as is available to other Federal courts. Specifies that the U.S. marshal for any district in which the Claims Court is sitting shall, when requested by the chief judge of such court, attend any session of the court in such district. Title X: Effective Date - Specifies that the effective date of this Act shall be January 1, 1993, with exceptions. Makes all sums expended pursuant to this Act subject to the availability of appropriations.

Zinszuschüsse aus dem Bundeshaushalt bei Darlehensausfällen für die Förderung der freien Berufe in den neuen Bundesländern (G-SIG: 12043294)

Germany · German Bundestag · 11 September 1992

To authorize the President to use foreign assistance funds to provide emergency disaster assistance on account of Hurricane Andrew and other natural disasters in the United States.

United States · United States Congress · 9 September 1992

Authorizes the President to direct that any funds available for foreign assistance programs be used for emergency disaster assistance payments for expenses related to Hurricane Andrew or other natural disasters in the United States. Makes such funds available only to such extent or in such amount as provided in advance in an appropriation Act. Continues to consider such funds as funds within the international category for purposes of the Balanced Budget and Emergency Deficit Control Act of 1985.

Desert Storm Servicepersons' Readjustment Act of 1992

United States · United States Congress · 9 September 1992

Desert Storm Servicepersons' Readjustment Act of 1992 - Amends Federal veterans' benefits provisions to add a new chapter which implements the Persian Gulf War Educational Assistance Program. Makes eligible for full educational assistance under the Program each veteran of the Persian Gulf War (War) who either: (1) served on active duty for 90 days or more during the War, and was discharged or released under conditions other than dishonorable; (2) was in a reserve or National Guard component before August 2, 1990, and served during the War on active duty on or after such date, and was discharged or released under conditions other than dishonorable; or (3) was discharged or released from active duty any part of which was performed during the War, or following entrance into active service after enlistment or assignment in the reserve or National Guard, because of a service-connected disability. Outlines educational assistance entitlement provisions. Prohibits such educational assistance to be continued beyond ten years after the veteran's last discharge or release from active duty after August 2, 1990, with an exception for delays caused by a physical or mental disability which is not the result of the veteran's own willful misconduct. Allows a veteran who does not complete the education within the ten-year delimiting period to receive the remainder of his or her entitlement in the form of an educational loan if such veteran was pursuing an approved program of education on a full-time basis at the time of the expiration of such veteran's eligibility. Outlines provisions concerning the extension of the educational assistance entitlement for a veteran whose delimiting period is extended due to mental or physical disability reasons. Allows an active-duty veteran of the War to use any unused educational entitlement for pursuing: (1) a program of apprenticeship or other on-job training; (2) a course with an approved vocational objective; or (3) a program of secondary education, if the veteran does not have a secondary school diploma or equivalency certificate. Directs the Secretary of Veterans Affairs to provide such a veteran with necessary employment counseling to assist the veteran in obtaining employment consistent with such veteran's abilities, aptitudes, and interests. Allows educational assistance for the pursuit of apprenticeship, on-job training, or for vocational objectives unless the Secretary determines that the veteran is not in need of such a program or course in order to obtain a stable employment situation consistent with such veteran's abilities and aptitudes. Outlines provisions concerning the monthly rate of such educational assistance, and prohibits a veteran's last discharge or release from active duty to include a period of active duty of fewer than 90 days, unless released for a service-connected disability, preexisting medical condition, for hardship, or as a result of a reduction in force. Outlines provisions concerning the furnishing of such assistance, and the running of the delimiting period, for veterans: (1) having a change, correction, or modification made to their personnel records in connection with their discharge or release; or (2) who, subsequent to their discharge or release, were captured and held as prisoners of war by a foreign government or power. Directs the Secretary to make available, upon the request of any eligible veteran under this Act, counseling and other services deemed necessary to aid such veteran in selecting: (1) an educational objective and the educational institution appropriate for achieving such objective; or (2) an employment objective in light of the veteran's personal circumstances. Directs the Secretary to take appropriate steps to inform such veterans of the availability of such services. Allows each eligible veteran under this Act to select a program of education at any educational institution approved by the Department of Veterans Affairs and selected by the veteran, which will accept and retain the veteran in any field which such institution finds the veteran qualified to undertake or pursue. Outlines application requirements, requiring each eligible veteran to make such application to the Secretary. Directs the Secretary to approve such application unless specified conditions exist. Disapproves certain courses for educational assistance under this Act (bartending, certain sales or sales management courses, courses found to be avocational or recreational in character, or independent study programs which do not lead to a college degree). Outlines certain conditions required for the approval of certain other courses. Prohibits the Secretary from approving the enrollment of an eligible veteran in any course for which the Secretary finds that 85 percent of the students enrolled in such course are having all or part of their tuition paid by the educational institution or by the Department, with a waiver of such prohibition if found to be in the best interest of the eligible veteran and the Government. Provides further exceptions to such prohibition. Directs the Secretary to discontinue the educational assistance allowance of an eligible veteran if the Secretary finds at any time that the veteran's attendance, conduct, or progress is unsatisfactory. Allows the Secretary to renew such assistance under limited circumstances. Prohibits a veteran from enrolling in any course at an educational institution outside the United States unless such course is pursued at an institution of higher learning and is approved by the Secretary. Directs the Secretary to provide educational assistance to each eligible veteran under this Act in the form of a monthly educational assistance allowance. Outlines provisions concerning the computation of such monthly allowance, with the amount differing with each type of program pursued (full-time, three-quarter-time, half-time, or cooperative) as well as with the number of dependents such veteran has. Requires such rates to be increased annually by the percentage increase in the Consumer Price Index. Allows a veteran up to six months of educational assistance for the pursuit of refresher training to update such veteran's knowledge and skills and to be instructed in technological advances which have occurred in such veteran's field of employment since the period of the veteran's active military service. Provides for the computation of the educational assistance allowance of an eligible veteran pursuing an independent study program which leads to a standard college degree, pursuing a course in part by open circuit television, or pursuing a program of education while incarcerated for conviction of a felony. Requires all courses of education to be approved by the Department before such allowances are paid. Authorizes any eligible veteran to pursue a program of apprenticeship or other on-job training, or a program of education exclusively by correspondence and be paid an allowance under appropriate provisions. Provides for the payment of an additional educational assistance allowance in the form of a work-study allowance to individuals performing certain work services while attending educational courses or receiving apprenticeship or other on-job training. Outlines work-study allowance requirements, limitations, and conditions. Requires the Secretary, wherever feasible in carrying out the work-study allowance provisions, to give priority to veterans with disabilities rated at 30 percent or more. Requires individuals performing work-study and receiving its allowance to be at least three-quarter-time students while completing the work-study agreement. Directs the Secretary to determine the number of individuals to participate in work-study in each geographical region of the Department, based on an annual survey. Requires such individuals, while performing such work-study, to be considered Federal employees for purposes of certain Federal benefits. Authorizes the Secretary to approve the enrollment of a veteran in an appropriate course or other special educational assistance program in the case of an eligible veteran who: (1) has not received a secondary school diploma (or its equivalent); or (2) is not on active duty and who, in order to pursue a program for which such veteran would otherwise be eligible, needs refresher courses, deficiency courses, or other preparatory or special educational assistance to qualify for admission to an appropriate educational institution. Provides for the payment of the appropriate educational assistance allowance in each of the above cases. Authorizes the Secretary to pay an educational assistance allowance to an eligible veteran receiving tutorial assistance while: (1) enrolled in and pursuing a postsecondary course of education on a half-time or more basis; and (2) having a deficiency in an area which is a prerequisite to successfully completing such course of education. Computes the amount of such educational assistance allowance. Requires an individual entitled to educational assistance under this Act and also entitled to educational assistance under another Federal program to elect a single program for such assistance. Requires the educational assistance programs established by this Act to be administered by the Department. Designates payments made for such assistance as incremental costs associated with Operation Desert Storm. Directs the Secretary to report biennially to the Congress on the operation of programs established under this Act. Amends Federal veterans' benefits provisions with respect to the Montgomery GI Bill basic educational assistance program to provide that the amount by which an individual's basic pay is reduced on or after August 1, 1990, shall be deemed to be payable to such individual as readjustment assistance and paid to such individual by the Secretary. Requires an individual to be paid back as readjustment assistance that amount representing reductions from such individual's basic pay prior to August 1, 1990, where such individual demonstrates that, for good cause shown, he or she was unable to receive the educational assistance for which such reductions were made. States that the authority to reduce an individual's basic pay shall terminate upon the enactment of this Act. States that, after such time, any individual who made an election not to receive educational assistance under the Montgomery GI Bill shall be entitled to such assistance, with specified monthly reductions in the amount of such assistance which represents the reductions not taken from the basic pay of such individual during the period in which the prior election not to be covered was in effect. Provides that all members who enter onto active duty after August 2, 1990, shall be deemed to have elected to receive educational assistance. Makes identical revisions to provisions concerning the basic educational assistance entitlement for service in the Selected Reserve. Increases the amount of monthly educational assistance under the Montgomery GI Bill program and directs (current law authorizes) the Secretary to make such payments and to increase annually the amount of such payments by the percentage increase in the Consumer Price Index. Authorizes appropriations from the Defense Cooperation Account for payments in FY 1992 through 1995 of the costs of educational assistance programs established under this Act. Designates such costs as incremental costs associated with Operation Desert Storm and therefore exempt from sequestration under the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act). Amends various Federal provisions regarding veterans' education and training programs to incorporate appropriate references to the provisions added by this Act.

Legislative Line Item Veto Act of 1992

United States · United States Congress · 9 September 1992

Legislative Line Item Veto Act of 1992 - Amends the Congressional Budget and Impoundment Control Act of 1974 to grant the President legislative line item veto rescission authority. Authorizes the President to rescind all or part of any budget authority if the President determines that such rescission: (1) would help balance the Federal budget, reduce the Federal budget deficit, or reduce the public debt; (2) will not impair any essential Government functions; (3) will not harm the national interest; and (4) will directly contribute to the purpose of this Act of limiting discretionary spending in FY 1993. Requires the President to notify the Congress of such a rescission by special message not later than 20 calendar days after enactment of appropriations legislation for FY 1993. Makes such a rescission effective unless the Congress, during a review period of 20 calendar days, enacts a rescission disapproval bill. Describes: (1) information to be included in the President's message; and (2) procedures to govern consideration of rescission disapproval legislation in the Senate and the House of Representatives.

Dire Emergency Supplemental Appropriations Act, 1992, for Disaster Assistance to Meet the Present Emergencies Arising from the Consequences of Hurricane Andrew and other Natural Disasters

United States · United States Congress · 9 September 1992

Dire Emergency Supplemental Appropriations Act, 1992, for Disaster Assistance to Meet the Present Emergencies Arising from the Consequences of Hurricane Andrew and other Natural Disasters - Makes supplemental appropriations for FY 1992 for emergencies arising from natural disasters such as Hurricane Andrew and Typhoon Omar. Designates such amounts as emergency requirements for all purposes of the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act). Title I: Department of Agriculture, Rural Development, Food and Drug Administration, and Related Agencies - Makes additional appropriations available to the Department of Agriculture for: (1) the Agricultural Research Service for buildings and facilities; (2) the Commodity Credit Corporation for crop losses and the tree assistance program; (3) the Soil Conservation Service for watershed and flood prevention operations; (4) the Agricultural Stabilization and Conservation Service for the emergency conservation program; (5) the Farmers Home Administration for the agricultural credit insurance fund program account, the rural housing insurance fund program account, the rural development insurance fund program account, the rural development loan fund program account, rural water and waste disposal grants, very-low-income housing repair grants, rural housing for domestic farm labor, emergency community water assistance grants, and salaries and expenses; and (6) the Food and Nutrition Service for the food stamp program. Declares that funds provided by this title are available only to the extent funds are not provided by the Federal Emergency Management Agency. Title II: Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies - Makes additional funds available to: (1) the Department of Commerce for the Economic Development Administration, the Minority Business Development Agency, and the National Oceanic and Atmospheric Administration; (2) the Department of Justice for general administration, legal activities, the Federal Prison System, and the Office of Justice Programs; (3) the Department of State for the administration of foreign affairs; (4) the Judiciary for Courts of Appeals, District Courts, and other judicial services; and (5) the Small Business Administration for the disaster loans program account. Title III: Department of Defense - Military - Makes additional amounts available for incremental costs of military, reserve, and national guard personnel and for operation and maintenance of military forces. Title IV: Energy and Water Development Department of Defense - Civil - Makes additional funds available to the Army Corps of Engineers-Civil for general construction, flood control and coastal emergencies, operation and maintenance, and flood control for the Mississippi River and tributaries, Arkansas, Illinois, Kentucky, Louisiana, Mississippi, Missouri, and Tennessee. Title V: Department of the Interior and Related Agencies - Makes additional appropriations available to the Department of the Interior for: (1) the United States Fish and Wildlife Service; (2) the National Park Service; (3) the United States Geological Survey; and (4) the Bureau of Indian Affairs. Title VI: Departments of Laobr, Health and Human Services, Education, and Related Agencies - Makes additional funds available to: (1) the Department of Health and Human Services for the Public Health Emergency Fund; (2) the Department of Education for educational excellence, impact aid, student financial assistance, and departmental management. Title VII: Department of Defense - Military - Makes supplemental amounts available to cover incremental costs at Homestead Air Force Base, Florida, for military construction and family housing. Title VIII: Department of Transportation and Related Agencies - Makes additional funds available to the Department of Transportation for: (1) the Coast Guard; (2) the Federal Aviation Administration; (3) the Federal Transit Administration; and (4) the Research and Special Programs Administration. Title IX: Treasury Department, U.S. Postal Service, the Executive Office of the President, and Certain Independent Agencies - Makes supplemental funds available to: (1) the Department of the Treasury for the U.S. Customs Service and the Internal Revenue Service; and (2) the General Services Administration (GSA) for the Federal Buildings Fund and the Federal Supply Service. Authorizes the Secretary of the Treasury and the Administrator of GSA to hire temporary employees as necessary for government operations in areas affected by Hurricane Andrew and Typhoon Omar. Amends the Treasury, Postal Service and General Government Appropriations Act, 1992 to repeal restrictions on travel expenses on employees subject to such Act. Authorizes heads of Federal agencies to establish emergency administrative leave as necessary for employees affected by the Hurricane and the Typhoon. Title X: Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies - Makes additional amounts available to: (1) Department of Veterans Affairs for the Veterans Health Administration and departmental administration; (2) the Department of Housing and Urban Development for housing programs, housing counseling assistance, guaranteed housing loans, and management administration; and (3) the Federal Emergency Management Agency for disaster relief, the disaster assistance direct loan program account, the community disaster loan program account, and salaries and expenses.

Proposal for a COUNCIL REGULATION (ECSC, EC, Euratom) amending the Financial Regulation of 21 December 1977 applicable to the general budget of the European Communities

European Union · European Commission · 2 September 1992

Unterschiedliche Aussagen über die Höhe der im Bundeshaushalt 1992 und 1993 veranschlagten Ausgaben für die neuen Bundesländer; Entwicklung der Ausgaben seit 1990 (G-SIG: 12043240)

Germany · German Bundestag · 28 August 1992

A bill to amend title XVIII of the Social Security Act to expand and improve access to medicare select policies, and to make technical corrections to provisions relating to medicare supplemental insurance policies.

United States · United States Congress · 12 August 1992

Amends the Omnibus Budget Reconciliation Act of 1990 to: (1) make permanent the Medicare select policy program; (2) allow access to Medicare select policies in all States; and (3) make various technical corrections to provisions relating to Medicare supplemental policies. Amends title XVIII (Medicare) of the Social Security Act to revise the Medicare select policy program and provide for a civil penalty for misrepresentations made in connection with a Medicare select policy.

A bill to amend title XIX of the Social Security Act to improve programs related to home and community based care and community supported living arrangements, and for other purposes.

United States · United States Congress · 12 August 1992

Amends title XIX (Medicaid) of the Social Security Act to allow the participation in home- and community-based care programs of functionally disabled elderly individuals with: (1) incomes of up to three times the maximum amount allowed under the Supplemental Security Income program, at the State's option; and (2) two of five (currently, two of three) impaired activities of daily living. Exempts small community care settings which are not providers of home- and community-based care from survey and certification requirements. Requires case managers who have been properly trained to review such small settings for compliance with applicable requirements. Revises program funding provisions to: (1) guarantee States with a certain amount of funding over one year's election period; and (2) allow remaining funds to be carried over to the next fiscal year. Requires the Secretary of Health and Human Services to: (1) evaluate the provision of home- and community-based care by States: and (2) submit to specified congressional committees an annual report on the effectiveness of such care. Makes technical revisions in the definition of developmentally disabled individual with respect to eligibility for community supported living arrangements program services. Allows program funds remaining at the end of a fiscal year to be carried over to the next fiscal year. Requires the Secretary to: (1) evaluate the provision of community supported living arrangement services by States; and (2) submit to specified congressional committees an annual report on their effectiveness. Amends the Omnibus Budget Reconciliation Act of 1986 to reauthorize Alzheimer's disease demonstration projects. Requires the Secretary to report to the Cognress any recommendations regarding: (1) a plan under which the Federal Government would provide, and finance the provision of, both long-term and home- and community-based care; and (2) the appropriate role of the States in such a plan.

To make the Age Discrimination in Employment Act of 1967 applicable to the House of Representatives and the instrumentalities of the Congress, to give certain employees of the House of Representatives and the instrumentalities of the Congress the right to petition for judicial review for violations of certain laws and rules concerning civil rights and employment practices, and for other purposes.

United States · United States Congress · 12 August 1992

Applies the Age Discrimination in Employment Act of 1967 and the remedies and procedures referred to in the Fair Employment Practices Resolution to any individual who: (1) occupies an employment position or is an applicant for employment in the House of Representatives, as well as to any employing authority of the House; or (2) is an employee of, or an applicant for employment with, the following instrumentalities of the Congress: (1) the Architect of the Capitol; (2) the Congressional Budget Office; (3) the General Accounting Office; (4) the Government Printing Office; (5) the Office of Technology Assessment; and (6) the U.S. Botanic Garden. Applies the Fair Labor Standards Act of 1938 to: (1) the Congressional Budget Office; (2) the General Accounting Office; (3) the Government Printing Office; (4) the Library of Congress; (5) the Office of Technology Assessment; and (6) the U.S. Botanic Garden. Requires the Architect of the Capitol to report to the Congress on steps taken pursuant to the Fair Labor Standards Amendments of 1989 relating to the minimum wage rate of its employees. Expresses the sense of the House that the Committee on House Administration should review the Occupational Safety and Health Act and make recommendations regarding the application of such Act to the House. Authorizes any individual who occupies an employment position or is an applicant for employment in the House and has been aggrieved by a violation of the Fair Employment Practices Resolution (relating to nondiscrimination), the Age Discrimination in Employment Act of 1967, the Civil Rights Act of 1991, the Fair Labor Standards Amendment of 1989, or the Americans with Disabilities Act of 1990 to petition for review by the U.S. Court of Appeals for the Federal Circuit of the final decision regarding such violation pursuant to the Fair Employment Practices Resolution. Expresses the sense of the House that the Rules of the House should be amended to address the issue of the source of payments made by the House to satisfy a judgment against a Member of the House who has been found guilty by the Court of a violation of one of such Acts. Gives employees of instrumentalities of the Congress who have been aggrieved by the violations of the following Acts the right to petition for judicial review, subject to specified conditions: (1) the Age Discrimination in Employment Act of 1967 (excluding Library of Congress employees); (2) the Americans with Disabilities Act of 1990; (3) the Civil Rights Act of 1991; and (4) the Fair Labor Standards Act of 1938 (excluding employees of the Architect of the Capitol).