Records whose title is actually about this topic. Use a country filter if the list is still too broad.
Records
Bill· SS. 2842 (102nd)referred
United States · United States Congress · 11 June 1992
Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 to make specified contract notice requirements currently applicable to property transferred by Federal agencies on which a hazardous substance was stored, released, or disposed applicable to leases of, or granting of easements with respect to, such property. Directs the heads of Federal agencies to identify, with respect to real property owned by the United States on which the Government plans to terminate operations or transfer or dispose of the property, property for which no remedial action is necessary to protect health and the environment. Requires the identification to be based on: (1) an investigation of the property to determine evidence of the likely presence of a release of hazardous substances; and (2) an environmental sampling, as appropriate. Sets forth specified sources of information to be reviewed as part of the identification. Makes identification results available to the public. Considers remedial action to have been taken on transferred Federal property on which a hazardous substance was stored, released, or disposed of if: (1) no action was required to protect health and the environment; or (2) the construction and installation on the property of a remedial action for treatment under an approved plan has been completed and the remedy is operating successfully. Requires deeds for the transfer of such property to include a covenant that grants the United States access to such property in any case in which remedial action is found to be necessary after the date of transfer. Authorizes the President to arrange for the removal of any hazardous substance on real property regardless of whether a danger to the public health or welfare or environment exists. Permits Federal agencies to subdivide property subject to this Act for purposes of disposal by sale, lease, grant of easement, or other transfer. Directs the Secretary of Defense to hold harmless, defend, and indemnify the following persons from and against all suits, claims, demands or actions, liabilities, judgments, and costs arising out of the release of hazardous substances or pollutants from Department of Defense activities at any military installation that is closed pursuant to a base closure law: (1) States, political subdivisions, or other persons that acquire ownership or control of any military installation facility (to the extent that they did not contribute to a release); and (2) any successor, assignee, transferee, lender, or lessee of such persons or entities.
Bill· SS. 2840 (102nd)referred
United States · United States Congress · 11 June 1992
Provides that a veteran who is a former prisoner of war (POW) who was detained or interned for at least 90 days while such a POW shall be deemed to have a service-connected disability rated at the greater of the actual disability rating of the veteran or 50 percent for purposes of eligibility for veterans' benefits.
Bill· SS. 2839 (102nd)referred
United States · United States Congress · 11 June 1992
Prohibits the transfer of construction or fire equipment from Department of Defense stocks to any foreign country or international organization under foreign assistance or military sales programs.
Resolution· SRESS.Res. 314 (102nd)referred
United States · United States Congress · 11 June 1992
Expresses the sense of the Senate that the United States should take immediate steps through a multilateral effort, including military force, if necessary, to ensure the delivery of humanitarian aid to civilian populations in and around Sarajevo.
Law· HRH.R. 5373 (102nd)enacted
United States · United States Congress · 11 June 1992
Energy and Water Development Appropriations Act, 1993 - Title I: Department of Defense - Civil - Makes appropriations for FY 1993 for: (1) authorized civil functions of the Department of the Army relating to rivers and harbors, flood control, and beach erosion; (2) expenses necessary for the collection and study of basic information pertaining to river and harbor, flood control, shore protection, and related projects, restudy of authorized projects, miscellaneous investigations, and when authorized, surveys, detailed studies, plans, and specifications of projects prior to construction; (3) the prosecution of authorized river and harbor, flood control, shore protection, and related projects, and detailed studies, plans, and specifications of projects authorized or made eligible for selection by law; (4) expenses necessary for prosecuting work of flood control and rescue work, repair, restoration, or maintenance of flood control projects threatened or destroyed by flood, as authorized by law; (5) expenses necessary for the preservation, operation, maintenance, and care of existing river and harbor, flood control, and related works, including such sums as necessary for the maintenance of harbor channels, and serving essential needs of general commerce and navigation, surveys and charting of northern and northwestern lakes and connecting waters, clearing and straightening channels, and removing obstructions to navigation; (6) expenses necessary for the administration of laws pertaining to regulation of navigable waters and wetlands; (7) expenses necessary for emergency flood control, hurricane, and shore protection activities; and (8) expenses necessary for general administration and related functions in the office of the Chief of Engineers and offices of the Division Engineers, and activities of the Board of Engineers for Rivers and Harbors, the Coastal Engineering Research Board, the Humphreys Engineers Center Support Activity, and the Water Resources Support Center. Title II: Department of the Interior - Makes appropriations for FY 1993 to the Department of the Interior for: (1) the Bureau of Reclamation; (2) engineering and economic investigations of proposed Federal reclamation projects and studies of water conservation and development plans and activities preliminary to the reconstruction, rehabilitation and betterment, financial adjustment, or extension of existing projects; (3) construction and rehabilitation of projects and parts thereof (including power transmission facilities for Bureau use) and for other related activities as authorized by law; (4) operation and maintenance of reclamation projects or parts thereof and other facilities, as authorized, and for a soil and moisture conservation program on lands under the jurisdiction of the Bureau; (5) the cost of direct loans and/or grants as authorized by the Small Reclamation Projects Act and for administrative expenses to carry out the loan/grant program; (6) necessary expenses of general administrative and related functions in the office of the Commissioner, the Denver office, and offices in the five regions of the Bureau; and (7) the Emergency fund. Sets forth provisions: (1) with respect to special funds from which sums derived from the reclamation fund or special fee account are appropriated; and (2) limiting the use of appropriations for the Bureau to the purchase of not more than 17 passenger motor vehicles for replacement only, payment of claims for damages to or loss of property, personal injury, or death arising out of Bureau activities, rewards for information or evidence concerning violations of law involving Bureau property, and other specified purposes. Makes appropriations under this and subsequent Energy and Water Development Appropriations Acts available for expenditure or transfer, with the approval of the Secretary of the Interior, for the emergency reconstruction, replacement, or repair of aircraft, buildings, utilities, or other facilities or equipment damaged, rendered inoperable, or destroyed by fire, flood, storm, drought, or other unavoidable causes, subject to specified limitations. Allows the Secretary to authorize the expenditure or transfer of appropriations in this title and in subsequent Energy and Water Development Appropriations Acts, in addition to the amounts included in the budget programs of the several agencies, for the suppression or emergency prevention of forest or range fires on or threatening lands under the jurisdiction of the Department. Makes available appropriations for: (1) the operation of warehouses, garages, shops, and similar facilities, wherever consolidation of activities will contribute to efficiency or economy, subject to reimbursement of funds; and (2) hire, maintenance, and operation of aircraft, hire of passenger motor vehicles, and other specified purposes. Authorizes the Bureau to invite non-Federal entities involved in cost sharing arrangements for the development of water projects to participate in contract negotiation and source selection proceedings without invoking provisions of the Federal Advisory Committee Act. Title III: Department of Energy - Makes appropriations for FY 1993 to the Department of Energy (DOE) for: (1) expenses of DOE activities, including the purchase, construction, and acquisition of plant and capital equipment and other incidental expenses necessary for energy supply, research and development activities, and other activities in carrying out the purposes of the Department of Energy Organization Act; (2) expenses in connection with DOE operating expenses and the purchase, construction, and acquisition of plant and capital equipment and other incidental expenses necessary for uranium supply and enrichment activities; (3) expenses of activities, including the purchase, construction, and acquisition of plant and capital equipment and incidental expenses necessary for general science and research activities; (4) nuclear waste disposal activities, including the acquisition of real property or facility construction or expansion; (5) expenses of activities, including the purchase, construction, and acquisition of plant and capital equipment and incidental expenses for atomic energy defense weapons, new production reactor, environmental restoration and waste management, and defense materials production activities; (6) salaries and expenses of DOE necessary for departmental administration; (7) necessary expenses of the Office of Inspector General; (8) necessary expenses of operation and maintenance of projects in Alaska and of marketing electric power and energy; (9) necessary expenses of operation and maintenance of power transmission facilities and of marketing electric power and energy pursuant to the Flood Control Act of 1944, as applied to the southeastern and southwestern areas; (10) necessary expenses of construction, rehabilitation, operation, and maintenance, with respect to Western Area Power Administration; and (11) necessary expenses of the Federal Energy Regulatory Commission. Establishes the Department of Energy Superconducting Super Collider (SSC) Trust Fund to be used for costs incurred in the design and construction of the SSC. Prohibits the use of funds appropriated for DOE for FY 1993 to implement the reconfiguration of non-nuclear activities until the Secretary of Energy submits specified cost-benefit analysis information to the Committees on Appropriations. Specifies that: (1) revenue received from the disposition of isotopes and related services shall be credited to the Isotope Production and Distribution Program Fund; (2) expenditures from the Bonneville Power Administration Fund are approved for specified fish hatcheries, fish screens, and fish sampling facilities; the purchase, maintenance, and operation of two rotary-wing aircraft for replacement only; and official reception and representational expenses; and (3) appropriations for DOE under this title and in subsequent Energy and Water Development Appropriations Acts for the current fiscal year shall be available for hire of motor vehicles, hire, maintenance, and operation of aircraft, purchase, repair, and cleaning of uniforms, and reimbursement to the General Services Administration for security guard services. Sets forth provisions with respect to the transfer of funds and transfers of unexpended balances. Directs the Secretary, to the fullest extent possible, to ensure: (1) that at least ten percent of Federal funding for the development, construction, and operation of the Superconducting Super Collider be made available to business concerns or other organizations owned or controlled by socially and economically disadvantaged individuals; and (2) significant participation in such development, construction, and operation by socially and economically disadvantaged individuals. Title IV: Independent Agencies - Makes appropriations for FY 1993 for necessary expenses: (1) to carry out the program authorized by the Appalachian Regional Development Act of 1965, for the Federal Cochairman and the alternate on the Appalachian Regional Commission, and for payment of the Federal share of the Commission's administrative expenses; (2) of the Defense Nuclear Facilities Safety Board; (3) to carry out the functions of the U.S. member of the Delaware River Basin Commission and payment of the U.S. share of the current expenses of the Commission; (4) of the Nuclear Regulatory Commission; (5) of the Office of Inspector General; (6) of the Nuclear Waste Technical Review Board; and (7) to carry out the functions of the U.S. member of the Susquehanna River Basin Commission and payment of the U.S. share of the Commission. Appropriates funds: (1) to enable the Secretary of the Treasury to pay in advance to the Interstate Commission on the Potomac River Basin the Federal contribution toward the expenses of the Commission during the current fiscal year; and (2) for the purpose of carrying out provisions of the Tennessee Valley Authority Act of 1933. Title V: General Provisions - Sets forth specified restrictions on the use of appropriated funds, including: (1) barring the programs, projects, or activities defined in the report accompanying this Act from being eliminated or disproportionately reduced due to the application of "savings and slippage" provisions, unless such report expressly provides otherwise; and (2) limiting the expenditure of appropriations for any consulting service through a procurement contract to contracts where such expenditures are a matter of public record and available for public inspection, with exceptions.
Bill· SS. 2829 (102nd)referred
United States · United States Congress · 10 June 1992
Requires the Secretary of the Air Force to hold harmless, defend, and indemnify specified parties, including the State of Maine, subdivisions thereof, and the recipients of the real property at Loring Air Force Base, against actions and judgments based on releases and threatened releases of hazardous substances, pollutants, or contaminants resulting from Department of Defense activities at that base.
Law· HRH.R. 5368 (102nd)enacted
United States · United States Congress · 10 June 1992
Title I: Multilateral Assistance - Makes appropriations for FY 1993 for the U.S. contribution to the: (1) International Bank for Reconstruction and Development (World Bank); (2) International Development Association; (3) International Finance Corporation; (4) Inter-American Development Bank; (5) Asian Development Bank; (6) Asian Development Fund; (7) African Development Fund; (8) European Bank for Reconstruction and Development (EBRD); and (9) the Enterprise for the Americas Investment Fund. Makes appropriations for FY 1993 for international programs and organizations. Limits the callable capital portion of the U.S. share of increases in the stock of the World Bank, the Inter-American Development Bank, the Asian Development Bank, and the EBRD. Title II: Bilateral Economic Assistance - Makes appropriations for FY 1993 for: (1) development assistance (including development assistance for Subsaharan Africa); (2) capital and infrastructure assistance activities; (3) the cost of direct loans and loan guarantees of funds derived from the Negative Subsidy Special Fund; (4) American schools and hospitals abroad; (5) international disaster assistance; (6) the Foreign Service Retirement and Disability Fund; (7) operating expenses of the Agency for International Development (AID) and the AID Office of Inspector General; (8) worldwide housing guarantees and for administrative expenses of such program; (9) the cost of modifying specified concessional loans and assets acquired by the Commodity Credit Corporation; (10) economic support fund assistance; (11) economic assistance to the Philippines; (12)economic assistance for Eastern Europe; (13) humanitarian and technical assistance to the former republics of the Soviet Union; (14) the African Development Foundation; (15) the Inter-American Foundation; (16) Overseas Private Investment Corporation (OPIC) direct and guaranteed loans, equity investment, and OPIC administrative expenses; (17) the Peace Corps (prohibits the use of such funds for abortions); (18) international narcotics control; (19) migration and refugee assistance, salaries and expenses authorized by the Foreign Service Act of 1980, and specified allowances and the hire of passenger motor vehicles; (20) the Emergency Refugee and Migration Assistance Fund; and (21) antiterrorism assistance. Title III: Military Assistance - Makes appropriations for FY 1993 for: (1) international military education and training; (2) foreign military financing and direct loans; and (3) international peacekeeping operations. Permits the procurement of defense articles and services or design and construction services not sold by the U.S. Government only by countries for which assistance was justified for the foreign military financing program in the FY 1989 congressional presentation for security assistance programs. Directs the Department of Defense, as requested by the Defense Security Assistance Agency, to conduct audits of private firms whose contracts are made directly with foreign governments and are financed with funds made available for foreign military financing grants or loans. Limits the amount of funds obligated for: (1) necessary expenses of the foreign military financing grant program; and (2) the Special Defense Acquisition Fund. Amends the Arms Export Control Act to redesignate the Guaranty Reserve Fund as the Foreign Military Loan Liquidating Account. Title IV: Export Assistance - Prohibits the use of Export-Import Bank funds for nuclear exports to a non-nuclear weapon state. Makes appropriations for FY 1993 for: (1) subsidizing gross obligations for the principal amount of direct loans, tied-aid grants, and total loan principal under Export-Import Bank programs; (2) administrative expenses to carry out the Bank's direct and guaranteed loan and insurance programs; and (3) the Trade and Development Program. Title V: General Provisions - Prohibits the use of funds appropriated in this Act (other than funds appropriated for international organizations and programs) for any water or related land resource project which has not met specified standards or criteria for such projects proposed for construction in the United States. Prohibits using funds made available pursuant to this Act for: (1) retirement pay for any person serving in the armed forces of any recipient country; (2) procurement contracts which do not authorize the termination of such contract for the convenience of the United States; or (3) paying any assessments, arrearages, or dues of any member of the United Nations. Prohibits using any of the funds appropriated in title II of this Act to carry out the transfer of funds to international or multilateral lending institutions. Limits the amount of funds made available under this Act to be used for: (1) official residence expenses, entertainment expenses, and representation allowances of AID; (2) entertainment expenses and representation allowances for foreign military financing programs, the Inter-American Foundation, and the Trade and Development Program; and (3) entertainment expenses for international military education and training programs and the Peace Corps. Prohibits the use of funds made available under this Act (other than funds for international organizations and programs) to finance the export of nuclear equipment, fuel, or technology. Prohibits the use of funds made available under this Act to: assist any foreign government in repressing the legitimate rights of its population; (2) finance assistance or reparations to Cuba, Iraq, Libya, Vietnam, Iran, or Syria; or (3) finance assistance to any country whose elected head of government is deposed by military coup. Prohibits the transfer of funds made available under this Act to other accounts unless the President provides a policy justification to the Appropriations Committees. Continues the availability of certain AID funds and funds for foreign military financing under the Arms Export Control Act, provided the Appropriations Committees are notified. Prohibits appropriations under this Act from remaining available after expiration of the current fiscal year, except as provided in this Act. Prohibits the use of funds made available under this Act to: (1) assist a country in default for more than a year on a loan under a program for which funds are appropriated under this Act (exempts from such prohibition funds for Nicaragua and for narcotics-related assistance for Colombia, Bolivia, and Peru); (2) be made available to any international financial institution whose U.S. representative cannot obtain the amounts and names of borrowers of all loans of such institution; or (3) be made available to any international financial institution whose U.S. representative cannot obtain any document developed by or in the possession of the management, unless such representative certifies that the confidentiality of information is essential to the institution's operation. Sets forth congressional notification requirements for the obligation of funds. Limits expenditures for consulting services through procurement contracts. Prohibits the use of funds appropriated under this Act to lobby for abortion. Prohibits the use of development assistance funds to pay for: (1) abortions or involuntary sterilizations as a method of family planning or to motivate or coerce any persons to practice abortions or undergo sterilization; or (2) any biomedical research concerning abortions or involuntary sterilization as a method of family planning. Reaffirms the congressional commitment to population, development assistance and the need for informed voluntary family planning. Authorizes funds for development and economic support assistance to be made available for humanitarian assistance to the Afghan people. Prohibits funds made available by this Act for a private voluntary organization which fails to provide records necessary for an AID audit. Allows earmarked funds to be reprogrammed for other programs within the same account if: (1) compliance with the earmark is made impossible by any Act; or (2) with respect to countries with which the United States has base agreements, the President determines that the recipient of funds has reduced its military or economic cooperation with the United States. Sets forth notification requirements for the reprogramming of such funds. Authorizes development and economic support assistance to be made available for humanitarian assistance for Cambodians. Amends the Foreign Assistance Act of 1961 to set forth the value of additions to stockpiles for FY 1992 and 1993. Extends the period during which the President may waive prohibitions on assistance to Pakistan to April 1, 1994. Authorizes development and economic support assistance funds to be made available for Lebanon. Permits funds appropriated by title II of this Act for activities relating to research on, and treatment and control of, acquired immune deficiency syndrome or for supporting specified programs to reduce emissions of greenhouse gases to be obligated notwithstanding restrictions on assistance to foreign countries.
Bill· HRH.R. 5367 (102nd)referred
United States · United States Congress · 10 June 1992
Provides for all Federal civilian and military retirees to receive the full cost-of-living adjustment in annuities payable under Federal retirement systems for 1993. (Includes benefits payable under the Civil Service Retirement and Disability System, military retirement and survivor benefit programs, the Foreign Service Retirement and Disability System, the Central Intelligence Agency Retirement and Disability System, and railroad retirement programs.)
Bill· HRH.R. 5363 (102nd)referred
United States · United States Congress · 10 June 1992
Grants free mailing privileges to civilians authorized to use postal services at armed forces installations in an overseas area designated by the President and who the military theater commander designates as in support of military operations. Restricts such privileges to personal letters and video- and sound-recorded communications.
Law· HJRESH.J.Res. 503 (102nd)enacted
United States · United States Congress · 9 June 1992
Declares that the Congress acknowledges and appreciates the commitment, devotion, and sacrifices of present and former military families. Designates November 23, 1992, as National Military Families Recognition Day.
Law· HRH.R. 5334 (102nd)enacted
United States · United States Congress · 5 June 1992
Housing and Community Development Act of 1992 - Title I: Housing Assistance - Subtitle A: General Provisions - Amends the United States Housing Act of 1937 with respect to: (1) low-income housing authorization; (2) extension of ceiling rents; (3) exclusions from income under Indian housing programs; (4) public and section 8 housing tenant preference rules; and (5) family self-sufficiency program. Subtitle B: Public and Indian Housing - Amends the United States Housing Act of 1937, the Housing and Urban-Rural Recovery Act of 1983, the Cranston-Gonzales National Affordable Housing Act, and the Department of Housing and Urban Development Reform Act of 1989 with respect to: (1) major reconstruction of obsolete projects; (2) public housing tenant preferences, operating subsidies, resident management, homeownership, family investment centers, and early childhood development services; (3) vacancy reduction; (4) Indian housing childhood development services; (5) exemption of Indian housing program from any new construction limitation; (6) public housing one-stop perinatal services demonstration; (7) the National Commission on Distressed Public Housing; (8) the National Commission on American Indian, Alaska Native, and Native Hawaiian Housing; and (9) the sale of certain scattered-site housing. Subtitle C: Section 8 Assistance - Amends the United States Housing Act of 1937 to revise the section 8 rental assistance program. Directs the Secretary of Housing and Urban Development (HUD) to issue regulations to implement certain amendments to the Cranston-Gonzales National Affordable Housing Act with respect to: (1) the project-based certificate program; and (2) income eligibility for new construction units. Directs the Secretary to carry out a demonstration program to provide tenant-based assistance to very low-income families with children who reside in public housing to move out of areas of high concentrations of persons living in poverty to areas with low concentrations of such persons. Subtitle D: Other Programs - Amends the Anti-Drug Abuse Act of 1988 and the Public and Assisted Housing Drug Elimination Act of 1990 with respect to elimination of drug abuse in public housing. Amends the Housing and Community Development Amendments of 1978 with respect to the flexible subsidy program. Amends the Housing and Urban Development Act of 1968 with respect to housing counseling. Amends the Stewart B. McKinney Homeless Assistance Amendments Act of 1988 with respect to the use of funds recaptured from refinancing State and local finance projects. Amends the Cranston-Gonzales National Affordable Housing Act to authorize the Secretary to make planning and implementation grants for the development of Youthbuild education and job training programs for youth in rental housing projects occupied by low- and very low-income families, especially school drop-outs. Authorizes appropriations. Subtitle E: Homeownership Programs - Amends the United States Housing Act of 1937 and the Cranston-Gonzales National Affordable Housing Act with respect to: (1) HOPE homeownership programs; (2) the National Homeownership Trust demonstration; (3) Nehemiah housing opportunity grants; and (4) assistance under section 8 for homeownership. Authorizes the Secretary to guarantee up to 100 percent of housing construction, acquisition, or rehabilitation loans made to an Indian family or Indian housing authority. Title II: Home Investment Partnerships - Amends the Cranston-Gonzales National Affordable Housing Act with respect to the home investment partnerships program to: (1) extend the authorization of appropriations; (2) eliminate certain restrictions on new construction; (3) allow the use of tenant-based rental assistance amounts for security deposits; (4) revise per unit cost limits; (5) make payment of certain administrative costs an eligible use of investment funds; (6) qualify as affordable rental housing certain housing not currently assisted by the low-income housing tax credit; (7) require repayment of certain housing assistance to the participating jurisdiction from the proceeds of any resale of affordable homeownership housing; and (8) revise matching requirements. Provides for: (1) assistance to insular areas; (2) establishment of community housing development organizations; (3) housing education and organizational support for community land trusts; and (4) eligibility as a first-time homebuyer of an owner of a manufactured home. Directs the Secretary to make available a model program to use cost-saving innovative building technologies and construction techniques for purposes of providing homeownership and rental opportunities. Requires State and local housing strategies to follow residential displacement and relocation assistance plans. Title III: Preservation of Low-income Housing - Amends the Housing and Community Development Act of 1987 to extend the authorization of appropriations. Revises provisions with respect to: (1) submission of information to tenants; (2) approval of a plan for action; (3) receipt of incentives to extend low-income use; (4) unit rent criteria for approval of a plan of action; (5) the resident homeownership program; (6) incentives under the Emergency Low Income Housing Preservation Act; (7) insurance for second mortgage financing; and (8) supplemental loans. Eliminates the windfall profits test. Directs the Secretary to study and report to the Congress on housing projects assisted under flexible subsidy program. Title IV: Multifamily Housing Planning and Investment Strategies - Requires the owner of each covered multifamily housing property to submit to the Secretary a comprehensive needs assessment of the property, which shall first be reviewed for comment by property residents and, if the property is financed or assisted it, a State housing finance agency. Title V: Mortgage Insurance and Secondary Mortgage Market - Subtitle A: FHA Mortgage Insurance Programs - Amends the National Housing Act with respect to FHA mortgage insurance programs to revise: (1) limitations on the Secretary's insurance authority; (2) (and postpone) the termination of the Federal Housing Administration Advisory Board; (3) the maximum mortgage amount; (4) the maximum principal obligation of mortgages for veterans; (5) authority to decrease insurance premium charges; (6) the statute of limitations for distributive shares; (7) mortgage limits for multifamily projects; (8) provisions for insurance of loans for operating losses of multifamily projects; (9) expedited procedures for insurance for acquisition of Resolution Trust Corporation property; and (10) manufactured home loan insurance limits. Repeals the warranty requirement. Prohibits the Secretary from limiting the amount of closing costs financed in a mortgage. Directs the Secretary to establish an energy efficient mortgage pilot program in five States, which shall promote the purchase of new and existing energy efficient residential buildings and the installation of cost-effective improvements in existing residential buildings. Subtitle B: Secondary Mortgage Market Programs - Amends the Federal National Mortgage Association Charter Act to revise the limitation on Government National Mortgage Association (GNMA) guarantees of mortgage-backed securities. Title VI: Housing for Elderly Persons, Handicapped Persons, and Persons With Disabilities - Subtitle A: In General - Amends the Housing Act of 1959 and the Cranston-Gonzales National Affordable Housing Act with respect to: (1) supportive housing for the elderly and for persons with disabilities; (2) the congregate housing services program; (3) the HOPE for elderly independence program; and (4) housing opportunities for persons with AIDS. Subtitle B: Authority to Provide Designated Public Housing - Amends the United States Housing Act of 1937 to revise a public housing agency's basic authority to provide designated public housing. Requires a public housing agency to set-aside a portion of section 8 assistance for handicapped and disabled families. Directs the Secretary to reserve funds for the development and reconstruction of housing for handicapped and disabled families. Subtitle C: Standards and Obligations of Residency and Service Coordination in Federally Assisted Housing - Directs the Secretary to require owners of federally assisted housing, as a condition of receiving housing assistance, to comply with this subtitle. Directs the Secretary to establish a task force to review HUD policy and recommend criteria for occupancy in federally assisted housing. Requires the Secretary, subsequently, to issue regulations to establish such criteria, and owners to accept only occupants who meet them. Directs the Secretary to require owners of federally assisted housing projects to provide for one or more individuals ("service coordinators") to coordinate supportive services for older or disabled residents. Subtitle D: Applicability - Sets forth the effective date of these subtitles. Title VII: Rural Housing - Amends the Housing Act of 1949 to extend: (1) the authorization of appropriations and loan insurance and guarantee authority of the rural housing program; (2) the rural housing voucher demonstration program; (3) the rental housing loan program; and (4) authority for mutual and self-help housing grants and loans. Revises eligibility requirements for loans for housing and buildings on adequate farms to authorize such loans for homes on leased land owned by community land trusts. Revises requirements for: (1) maximum income of borrowers under guaranteed loans; (2) designation of underserved areas and reservation of assistance; (3) rental housing loans; and (4) housing preservation grants for replacement of housing. Designates Plainview, Texas, a rural area under the rural housing program. Title VIII: Community Development - Subtitle A: Community Development Block Grants - Amends the Housing and Community Development Act of 1974 to extend the authorization of appropriations for community development block grants, special purpose grants, and the authority for loan guarantees. Revises requirements with respect to: (1) units of general local government; (2) grants to nonentitlement areas; (3) State community development plans and reports; and (4) eligible activities. Amends the Cranston-Gonzales National Affordable Housing Act with respect to assistance for colonias. Subtitle B: Other Community Development Programs - Directs the Secretary to establish a program to assist State and local governments to develop computerized databases of community development needs, including grants for installation and use of integrated database systems and computer mapping tools. Authorizes appropriations. Amends the Neighborhood Reinvestment Corporation Act to extend the authorization of appropriations for the Neighborhood Reinvestment Corporation. Amends the Housing and Urban-Rural Recovery Act of 1983 to extend the authorization of appropriations for the neighborhood development demonstration program. Title IX: Regulatory and Miscellaneous Programs - Amends the Housing and Urban Development Act of 1970 to extend the authorization of appropriations for the HUD research and development program. Makes technical amendments to the Housing and Community Development Act of 1974 and the National Housing Act with respect to the National Institute of Building Sciences. Amends the Housing and Community Development Act of 1974 to extend the authorization of appropriations for the fair housing initiatives program. Amends the Department of Housing and Urban Development Act with respect to: (1) use of negotiated rulemaking procedures; and (2) extended authorization of HUD program monitoring and evaluation activities. Amends the Cranston-Gonzales National Affordable Housing Act to extend the authorization of appropriations for the National Commission on Manufactured Housing. Amends the Real Estate Settlement Procedures Act of 1974 with respect to its applicability to second mortgages and refinancings. Amends the Home Mortgage Disclosure Act of 1975 with respect to mortgage loans insured through private mortgage insurance. Amends the Community Reinvestment Act of 1977 with respect to credit given majority-owned financial institutions for cooperative ventures with nonminority-owned and nonwomen-owned financial institutions and low-income credit unions. Declares that specified certification requirements of the Department of Housing and Urban Development Reform Act of 1989 shall not apply to assistance for multifamily projects during a certain period of time. Directs the Secretary to reestablish the Solar Bank. Amends the Housing Act of 1959, as amended by the Cranston-Gonzales National Affordable Housing Act, with respect to labor wage rates under construction programs for supportive housing for the elderly and for persons with disabilities. Amends the Cranston-Gonzales National Affordable Housing Act with respect to energy efficient mortgages. Amends the Housing and Urban Development Act of 1968 to direct the Secretary to require public housing agencies and Indian housing authorities, and their contractors and subcontractors, to make their best efforts (including contract awards) to give low- and very low-income persons the training and employment opportunities generated by Federal housing and community development assistance. Requires a study and report to the Congress on the effectiveness of this program. Authorizes appropriations to the National American Indian Housing Council for training and assistance to Indian housing authorities. Title X: Housing Programs Under Stewart B. McKinney Homeless Assistance Act - Stewart B. McKinney Homeless Assistance Amendments Act of 1992 - Amends the Stewart B. McKinney Homeless Assistance Act to extend the authorization of appropriations for the: (1) emergency shelter grants program; (2) supportive housing demonstration program; (3) supplemental assistance for facilities to assist the homeless; (4) shelter plus care program; and (5) section 8 assistance for single room occupancy dwellings. Requires such programs to: (1) use, to the maximum extent practicable, homeless individuals and families in constructing or rehabilitating housing assisted under them and in providing specified services; and (2) require each assistance recipient to provide for the participation of at least one homeless or former homeless individual on its board of directors or equivalent policy making entity, or otherwise provide for the consultation and participation of such individual in policy- and decision-making. Authorizes the Secretary to provide assistance for a safe havens for homeless individuals demonstration program, especially for eligible persons unable to participate in mental health treatment programs or to receive other supportive services. Prohibits the Secretary from making available for lease any single family properties once acquired for use by the homeless before listing and making them generally available for sale for at least 30 days. Directs the Secretary of Agriculture to make eligible properties available for acquisition by qualified applicants for use only to provide rural housing for homeless individuals and families. Requires employment of the homeless in construction and rehabilitation of such properties, as well as participation in policy- and decision-making. Directs the Secretary of Agriculture to establish a rural homelessness program of grants to eligible organizations to pay for the Federal share (75 percent) of the cost of direct emergency assistance to the homeless, as well as homelessness prevention assistance and assistance in finding permanent housing and supportive services. Authorizes appropriations. Amends the Cranston-Gonzales National Affordable Housing Act to require evaluations of programs by the homeless. Specifies restrictions on the allocation formula for revised homeless housing assistance. Directs the Secretary of HUD to consult with the chief executive officers of the States and the Department of Defense and report to the Congress on the availability of National Guard facilities as overnight shelters for homeless individuals.
Bill· HRH.R. 5338 (102nd)referred
United States · United States Congress · 5 June 1992
Balanced Budget Implementation Act of 1992 - Title I: Repeal of Budget Agreement Enforcement Provisions - Repeals the budget agreement enforcement provisions of the Congressional Budget and Impoundment Control Act of 1974. Title II: Emergency Powers to Eliminate Deficits in Excess of Maximum Deficit Amount - Amends the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) to provide for enforcement of deficit reduction to balance the Federal budget by the end of FY 1997. Requires enforcement to be implemented through sequestration and revenue surtax (current provisions only require budget enforcement through sequestration). Repeals provisions which govern enforcement of discretionary spending limits and pay-as-you-go through FY 1995. Revises provisions concerning enforcing deficit targets. Requires the President, within 15 calendar days after the Congress adjourns to end a session, to take action to eliminate the excess deficit, if any. Sets forth maximum deficit amounts allowed for FY 1993 through 1997. Reduces such amounts to zero by FY 1997 plus any amount designated to meet a condition of national economic urgency. Requires 60 percent of the excess deficit in a budget year to be eliminated through across-the-board outlay reductions and 40 percent through a revenue surtax. Provides rules for such sequestration process. Revises the timetable and requirements for deficit reduction reports and presidential orders. Requires within-session deficit reduction reports. Revises the list of exempt programs and activities. Exempts from sequestration: (1) all payments from one Federal direct spending budget account to another and certain intragovernmental funds; (2) payment from any revolving fund or trust-revolving fund (or similar activity) that provides deposit insurance or other Government insurance, guarantees, or any other form of contingent liability, to the extent those payments result from contractual or other legally binding commitments; and (3) credit liquidating and financing accounts. Removes the special exemption for railroad retirement benefits, certain veterans programs, payments made for the earned income tax credit, and certain low-income programs. Removes the special exceptions, limitations, and rules with respect to sequestration for: (1) certain automatic spending increases; (2) the guaranteed student loan program; (3) foster care and adoption assistance programs; (4) the Medicare program; (5) community and migrant health centers, Indian health services and facilities, and veterans' medical care; (6) the child support enforcement program; (7) payments and advances for unemployment compensation; (8) the Commodity Credit Corporation; and (9) the jobs portion of Aid to Families with Dependent Children (AFDC). Repeals the provision that requires permanent cancellation of budgetary resources sequestered from any account other than a trust or special fund account. Adds a special rule if the President exempts military personnel from sequestration with respect to further reductions in the appropriate subfunctional category. Repeals provisions concerning: (1) suspension of deficit reduction in the event of war or low economic growth; (2) the President's flexibility in making deficit reductions among defense programs, projects, and activities; (3) the special reconciliation process; and (4) modifications of presidential orders. Sets forth congressional procedures to make available excess budgetary resources and revising maximum deficit amounts whenever the President transmits to the Congress a request to approve a declaration of national economic urgency. Declares the off-budget status of social security trust funds. Title III: Tax Surcharge to Reduce Deficit - Amends the Internal Revenue Code to impose a tax surcharge on the income of every taxpayer if the Office of Management and Budget reports to the Congress and the President that a revenue increase is required. Establishes procedures for determining and administering such surcharge. Repeals such surcharge if the Secretary of the Treasury determines that it is not needed. Title IV: Budget Submitted by the President - Requires the President's budget to ensure that the deficit for such fiscal year does not exceed the maximum deficit amount. Requires the submission of a balanced budget for FY 1997 and subsequent fiscal years. Makes such requirements inapplicable during a request to approve a declaration of national economic urgency. Prescribes the contents of such declaration. Title V: Total of President's Budget Shall Represent Spending Ceiling - Amends the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) to prohibit the Congress from passing legislation which provides budgetary resources in excess of those proposed in the President's budget. Amends the Congressional Budget and Impoundment Control Act of 1974 to prohibit any concurrent resolution on the budget from exceeding the President's budget. Title VI: Fiscal Year 1993 Deficit Reduction Actions - Requires the President to submit to the Congress a revised budget for FY 1993 to achieve the deficit targets set forth under this Act. Requires the Congress, after receipt of the President's budget, to report revised concurrent resolutions for FY 1993 to achieve such deficit targets.
Bill· SS. 2810 (102nd)referred
United States · United States Congress · 4 June 1992
Local Exchange Infrastructure Modernization Act of 1992 - Amends the Communications Act of 1934 to require the Federal Communications Commission (FCC) to exercise its authority to: (1) preserve and enhance universal telephone service at reasonable rates; (2) achieve universal availability of advanced network capabilities and information services; (3) assure a seamless nationwide distribution network through joint network planning, coordination, and service arrangements between and among local exchange carriers (LECs); (4) maintain high standards of quality for advanced network services; and (5) assure adequate communication for the public health, safety, defense, education, national security, and emergency preparedness. Defines "local exchange carrier" for purposes of such Act as a carrier that: (1) is required to provide upon request, under tariff or subject to other government oversight (by the FCC or a State commission), interstate and intrastate access services and telephone exchange service; (2) is, or was, a participant in one or more interstate pools established by the FCC, or would have been required to participate in one or more such pools had the carrier been engaged in interstate and intrastate access and telephone exchange service while such participation was mandatory; (3) is subject to the requirements imposed by the FCC or a State commission related to the provision of equal access; and (4) conforms with the provisions of the North American Numbering Plan applicable to the assignment of numbering resources for telephone exchange service, as defined by the Plan's Administrator. Requires the FCC to prescribe regulations that require: (1) joint coordinated network planning, design, and cooperative implementation among all LECs in the provision of public switched network infrastructure and services; (2) development of standards for interconnection between the LEC public switched network and others by appropriate standard-setting bodies; and (3) a LEC to share public switched network infrastructure and functionality with requesting LECs which serve a geographic area for which they lack economies of scale or scope for the particular required network functionality. Specifies that: (1) no LEC shall be prohibited from transporting or processing signalling and information for another LEC in adjoining or reasonably proximate serving areas upon request of that LEC to the same extent that the providing LEC is permitted to engage in such activities for itself; (2) nothing in such Act shall be construed to alter, limit, or supersede the authority of any State with respect to the regulation of intrastate communication service; and (3) nothing contained in Federal or State antitrust law shall render unlawful any action taken by a LEC or any individual or concerted action taken such as lobbying before the Congress, the FCC, or communicating by any means with other LECs, by any LEC, or its directors, officers, agents, employees, affiliates, subsidiaries, joint ventures, counsel, or other persons purporting to act on behalf of such carrier.
Bill· SS. 2815 (102nd)referred
United States · United States Congress · 4 June 1992
Amends the Export-Import Bank Act of 1945 to repeal the requirement that the Export-Import Bank include in its annual report to the Congress a statement assessing the impact of each loan made to foreign borrowers for the development of energy-related industries abroad on the availability of energy products, services, or supplies in the United States. Redefines the term "Marxist-Leninist country" to mean any country which: (1) maintains a centrally planned economy based on the principles of Marxism-Leninism; or (2) is economically and militarily dependent on any other country which maintains a centrally planned economy based on the principles of Marxism-Leninism. Repeals the Marxist-Leninist country list. Repeals the requirement that the President make a separate determination of U.S. national interest with respect to the Bank's financing transactions for the purchase of products by Marxist-Leninist countries in excess of $50,000,000. Repeals the requirement that the Bank notify the Congress of the details of all financing in support of exports of fossil fuel technology to the Soviet Union. Extends the Bank's authority (which would otherwise expire on or before September 30, 1992) to finance the sale of defense articles for anti-narcotics purposes to foreign countries. Repeals the requirement that the Secretary of State certify that any purchaser of U.S. exports in South Africa seeking Bank financing has proceeded to implement the so-called "Sullivan" principles regarding human rights. Repeals the prohibition against Bank financing of the export of goods and services to Angola. Increases the size of the Bank's Advisory Committee from 12 to 15 members. Increases the ceiling on the total amount of outstanding loans for Bank programs from $40,000,000,000 to $75,000,000,000. Requires fees and premiums charged to be commensurate with the risks covered in connection with the contractual liability which the Bank incurs for guarantees, insurance, coinsurance, and reinsurance against political and credit risks of loss. (Currently, not less than 25 percent of such contractual liability may be charged against such risks of loss.) Repeals provisions of the Act and of the Trade Act of 1974 limiting to $300,000,000 annually the amount of Bank loans, guarantees, or insurance for exports to the Soviet Union. Extends through FY 1998 the Bank's authority to provide financing for the export and import of goods and services between the United States and foreign countries. Repeals the requirement that in its annual report to the Congress the Bank detail actions it has taken to maintain the competitive position of key linkage industries in the United States. Repeals the requirement that the Comptroller General report to the Congress on the Bank's interest subsidy payment program. Extends the Tied Aid Credit Fund through FY 1994. Authorizes appropriations.
Resolution· SRESS.Res. 305 (102nd)passed
United States · United States Congress · 4 June 1992
Commends the First Infantry Division (MECH), also known as the "Big Red One," on its 75th anniversary.
Bill· HRH.R. 5329 (102nd)referred
United States · United States Congress · 4 June 1992
Amends the Job Training Partnership Act (JTPA) to revise provisions for title III employment and training assistance for dislocated workers, particularly under the Defense Conversion Adjustment Program (the Program). Requires State dislocated worker units to: (1) notify substate grantees immediately of current or projected permanent closures or substantial layoffs in their substate areas to continue and expand services initiated by the rapid response teams; and (2) provide the Secretary of Labor (the Secretary) with a cost breakdown of all title III funds used by such a unit for administrative expenditures. Prohibits States from transferring any of the rapid response assistance functions of such units to any other entities. Expands the definition of substantial layoff, for purposes of rapid response assistance provided under the Program, to mean a layoff of 50 or more individuals. Exempts funds expended under the Program from the 25 percent maximum limitation on needs-related payments and supportive services for other title III dislocated worker programs. Revises the Defense Conversion Adjustment Program (the Program) under JTPA title III. Directs the Secretary, from funds transferred by the Secretary of Defense under the Defense Economic Adjustment, Diversification, Conversion, and Stabilization Act of 1990, to make grants to substate grantees to provide conversion assistance to affected facilities and training, adjustment assistance, and employment services to eligible employees within such substate areas who are directly or indirectly affected by reductions in U.S. expenditures for defense or by closures of U.S. military facilities. Requires substate grantees to apply for such grants within 60 days after notification of the dislocation or potential dislocation of such employees, or else the Secretary shall make such grants to employers, employee representatives, or labor-management committees located in the areas to provide such services. Directs the Secretary, if the substate grantee and such alternative grantees fail to apply, to make such grants to the appropriate States to provide such services. Includes among grant application requirements: (1) conversion plans; (2) verification of provision of certain services by the State dislocated worker unit; (3) conditions for provision of skills enhancement training. Authorizes technical assistance in meeting application requirements. Requires assurances that the applicant will use amounts from the grant to provide certain needs-related payments. Directs the Secretary to select for substate grants only applications: (1) from areas most severely impacted (particularly those with existing high poverty or unemployment levels); (2) from areas with the greatest number of eligible employees (taking into account the ratio of eligible employees to community population); and (3) which include input and participation of the labor-management committee in the development of the conversion plan. Gives priority to applications from labor-management committees. Directs the Secretary to retain specified portions of the grant amount: (1) until determining that conversion plan requirements have been met; and (2) to reimburse the State dislocated worker unit for providing certain services. Allows such grants to be used for: (1) any authorized purpose under title III dislocated worker provisions in general or under part B Federal programs; and (2) skills enhancement training at defense facilities being converted to commercial facilities in order to supplement existing skills enhancement efforts for non-professional and non-managerial positions at such facilities. Makes specified requirements applicable to such grants for adjustment assistance. Directs the Secretary to follow specified requirements in prescribing regulations for use of such grant funds for needs-related payments in order to enable eligible employees to complete training or education programs to eligible employees participating in certificate vocational training or education programs for one year or more. Requires that student financial assistance authorized under programs for Department of Defense employees and veterans be provided prior to adjustment assistance or needs-related payments under such grants or any other student financial assistance provided under Federal law. Authorizes the Secretary, in carrying out the Program, to make grants for demonstration projects for innovative responses to the dislocation resulting from reductions in U.S. defense expenditures or closure of U.S. military installations. Directs the Secretary to reserve specified amounts for grants to community planning and adjustment committees for planning and conversion activities in substantially and seriously affected defense communities. Directs the Secretary to make grants for demonstration projects to train eligible employees in: (1) environmental cleanup at military installations, including hazardous waste; and (2) destruction or disposal of weapons at such installations. Defines eligible employee, for Program purposes, as an eligible dislocated worker who has been terminated or laid off, has received notice of termination or layoff, or will be terminated or laid off within 180 days, as a consequence of reduced U.S. defense spending or closing of U.S. military facilities. Defines substantially and seriously affected community to include not only such a community as defined under the Defense Economic Adjustment, Diversification, Conversion, and Stabilization Act of 1990, but also areas of high poverty and high unemployment, as determined by the Secretary. Amends the Defense Economic Adjustment Diversification, Conversion, and Stabilization Act of 1990 to authorize appropriations to the Secretary of Defense, which are to be transferred to the Secretary of Labor, to carry out the Defense Conversion Adjustment Program (the Program) under title III of JTPA. Requires that transfer of Federal property and equipment to a job training program under JTPA be provided to such program at no cost. Amends Federal law relating to the Armed Forces to require expansion of Interstate Job Bank program transitional services for Armed Forces members who are separated from active duty. Authorizes appropriations to the Secretary of Defense, which are to be transferred to the Secretary of Labor, to carry out such transitional services in general. Directs the Secretary of Labor to set aside a specified portion of such funds for the expansion of Interstate Job bank services to such members. Amends the Fedeal law relating to the Armed Forces to require defense contractors: (1) to give priority to hiring individuals who have received job training assistance under the Defense Conversion Adjustment Program (the Program) under JTPA; and (2) list suitable employment openings with the local employment service office. Requires the Secretary of Defense, not later than six months before the cancellation or substantial reduction in a defense contract, to give notice to a defense facility, where appropriate. Requires such facility, within two weeks after it receives such notice, to notify each employee representative (or each employee, if there is no representative).
Bill· HRH.R. 5325 (102nd)referred
United States · United States Congress · 4 June 1992
Action Now Health Care Reform Act of 1992 - Title I: Improved Access to Affordable Health Care Coverage - Subtitle A: Increased Affordability and Availability for Employees - Directs the Secretary of Health and Human Services (the Secretary) to request the National Association of Insurance Commissioners (the NAIC) to develop model regulations requiring each carrier that makes available in a State any small employer health benefit plan to make available to each small employer in the State a MedAccess basic plan and a MedAccess standard. Directs the Secretary to develop such regulations, if the NAIC does not. Defines MedAccess plan as a health benefits plan that: (1) provides benefits typical of the benefits offered in the small employer health coverage market or provides only benefits for essential preventive and medical services and has an average actuarial value not exceeding 60 percent of the average actuarial value of the typical benefits offered in the small employer health coverage market; (2) accepts every small employer in the State applying for coverage and accepts for enrollment every eligible individual (defined as an individual who is a full-time employee and, if family coverage is offered, covers the employee's spouse and dependents under age 19 or under age 25 for students); and (3) meets consumer protection standards established by this Act relating to limitation of pre-existing condition clauses, continuity of coverage, renewability, and premium limitations. Prohibits the imposition, by a carrier, of a limitation of benefits based on the fact a condition pre-existed the effectiveness of the policy if: (1) the condition relates to a condition not diagnosed within three months before coverage under the plan; (2) the limitation extends beyond six months after coverage under the plan; (3) the limitation applies to an individual who, as of date of birth, was covered under the plan; and (4) the limitation relates to pregnancy. Requires continuous coverage. Prohibits cancellation of a plan or denial of coverage unless there is: (1) nonpayment of premiums; (2) fraud; (3) noncompliance with plan provisions; (4) failure to maintain the required number of enrollees; (5) misuse of a provider network provision; or (6) a cessation by the carrier of the provision of any plan in a State. Amends the Internal Revenue Code to impose an excise tax which shall be paid by the carrier on the failure of a carrier or an employer health benefit plan to comply with the provisions of the Act. Directs the Secretary to request the NAIC to develop models for reinsurance or allocation of risk mechanisms for individuals and small employers who are enrolled under a small employer health benefit plan that meets the consumer protection standards and for whom a carrier is at risk of incurring high costs under the plan. Requires each State to establish and fund one or more reinsurance or allocation or allocation of risk mechanisms that are consistent with a model. Directs the Secretary to develop models, if the NAIC does not. Permits a State, in order to insure the financial solvency of the mechanism, to impose charges on any entity providing employee-related health benefits, so long as such charges do not discriminate with respect to entities that would not be subject to such charges. Directs the Secretary to establish a reinsurance or allocation of risk mechanism, if a State does not. Imposes an excise tax which shall be paid by the carrier on the providing of any health benefit plan which covers any employee in a Federal reinsurance State. Permits either a State or the Secretary (in a Federal reinsurance State) to require each employer health benefit plan to: (1) be registered; and (2) provide such information as is necessary for the reinsurance or allocation of risk mechanisms. Directs the Secretary to: (1) establish an Office of Private Health Coverage to be headed by a Director appointed by the Secretary; and (2) provide for the appointment of an advisory committee to advise the Director. Permits the Director to research the impact of this subtitle and conduct related demonstration projects. Requires the Director to develop: (1) methods of measuring, in terms of the expected costs of providing benefits under small employer health benefit plans and, in particular, MedAccess plans, the relative health risks of eligible individuals; and (2) a model for equitably distributing health risks among carriers in the small employer health care coverage market. Authorizes appropriations for the purposes of this paragraph. Subtitle B: Improved Small Employer Purchasing Power of Affordable Health Insurance - Preempts from insurance mandates a qualified small employer purchasing group, if the group consists of employers with not more than 100 employees, the group consists of not fewer than 100 employers, and the health benefit plans with respect to the employer members are in compliance with applicable State laws relating to health benefit plans. Subtitle C: Health Deduction Fairness - Amends the Internal Revenue Code to make permanent and increase from 25 to 100 percent the health insurance tax deduction for the self-employed. Subtitle D: Improved Access to Community Health Services - Directs the Secretary to provide for a program of grants to migrant and community health centers receiving grants or contracts under provisions of the Public Health Service Act in order to promote the provision of primary health care services for underserved individuals. Authorizes appropriations. Amends the Public Health Service Act to deem as an employee of the Public Health Service, for purposes of civil actions against commissioned officers or employees, any officer, employee, or contractor who is a physician or other licensed health care practitioner while performing functions for an entity receiving Federal funds under provisions of the Public Health Service Act. Requires an entity, in order to receive a grant under such provisions, to implement certain policies to assure against malpractice. Requires: (1) the Attorney General to estimate the amount of all claims expected, during each year, to arise against such an entity from acts of officers or employees; (2) the Secretary to withhold from grants to such entities the amount estimated; and (3) the withheld amount to be transferred to the Treasury to pay judgments against the United States arising from such claims. Directs the Secretary to make grants to public and nonprofit private entities to carry out demonstration projects for the purpose of increasing access to outpatient primary health services in geographic areas with a: (1) population of not more than 500,000 individuals; (2) shortage of personal health services; and (3) significant number of low-income or underinsured individuals. Sets forth requirements for receiving such grants. Authorizes appropriations. Subtitle E: Improved Access to Rural Health Services - Retitles title XII of the Public Health Service Act "Emergency Medical Services" (formerly, "Trauma Care") and directs the Secretary to establish the Office of Emergency Medical Services which shall, with respect to emergency medical services (including trauma care): (1) conduct research; (2) sponsor workshops; (3) assist States; and (4) coordinate activities. Authorizes the Secretary to make grants to States for the purposes of improving the availability and quality of emergency medical services through the operation of State offices of emergency medical services. Sets forth matching fund requirements. Provides for demonstration projects to establish telecommunications between rural medical facilities and other medical facilities that have equipment that can be utilized through telecommunications. Authorizes appropriations for purposes of the programs of this paragraph. Directs the Secretary to make grants to States to assist in the creation or enhancement of air medical transport systems that provide victims of medical emergencies in rural areas access to treatments for the injuries or other conditions arising from such emergencies. Sets forth requirements for grant applications. Authorizes appropriations. Amends title XVIII (Medicare) of the Social Security Act to extend for one year special treatment rules for Medicare-dependent small rural hospitals. Title II: Health Care Cost Containment and Quality Enhancement - Subtitle A: Medical Malpractice Liability Reform - Prohibits bringing a medical malpractice claim: (1) more than two years after the alleged injury should reasonably have been discovered and in no event more than four years after the alleged injury occurred; and (2) in any State court unless there has been an initial resolution through a certified alternative dispute resolution system (ADR). Requires the use of ADR in a Federal medical malpractice liability claim. Requires a pre-trial settlement conference in any medical malpractice liability action. Sets limits on: (1) noneconomic damages; (2) punitive damages; and (3) attorney's fees. Requires offsets for damages paid by a collateral source. Requires liability in a medical malpractice action to be several and not joint. Provides a complete defense to any allegation of negligence in a medical malpractice liability action to any defendant who followed the appropriate practice guideline. Prohibits finding a defendant guilty in a medical malpractice liability action relating to services provided during labor or delivery of a baby if the defendant did not previously treat the plaintiff during the pregnancy, unless the malpractice is proven by clear and convincing evidence. Directs the Secretary to determine whether a States' ADR meets ADR system requirements established by this Act. Establishes such requirements. Amends title XI (General Provisions and Professional Standards Review) of the Social Security Act to earmark funds for sanctioning practice guidelines for purposes of an affirmative defense in medical malpractice liability actions. Permits a State agency responsible for the conduct of disciplinary actions for a type of health care practitioner to enter into agreements with State or county professional societies for such type of health care practitioner to permit such societies to participate in the licensing of such health care practitioner and to review health care malpractice allegations. Requires each State to require each health care professional and provider to participate in a risk management program to prevent and provide early warning of practices which may result in injuries to patients or which otherwise endanger patient safety. Directs the Secretary to make grants for the conduct of basic research in the prevention of and compensation for injuries resulting from health care professional or health care provider malpractice, and research of the outcomes of health care procedures. Authorizes appropriations. Directs the Secretary to study the factors discouraging physicians from volunteering to provide health care services in medically underserved areas. Subtitle B: Administrative Cost Savings - Directs the Secretary to adopt standards relating to each of the following: (1) data elements for use in claims processing under health benefits plans; (2) uniform claim forms; and (3) uniform electronic transmission of the data elements. Authorizes the Secretary to require providers to submit claims to health benefit plans in accordance with such standards. Provides for periodic review of the standards. States that the term "health benefit plan," in this subtitle, includes the Medicare and Medicaid programs (titles XVIII and XIX of the Social Security Act). Requires the Secretary to promulgate standards for hospitals concerning electronic medical data. Permits the Secretary to promulgate standards concerning electronic medical data for providers that are not hospitals. Requires hospitals, in order to participate in Medicare, to: (1) maintain clinical data in a set of comprehensive data elements in electronic form on all patients; and (2) upon the Secretary's request, transmit electronically the data set and any data from such set. Provides for electronic transmission to Federal agencies. Prohibits a health benefit plan, if standards with respect to data elements are promulgated with respect to a class of provider, from requiring for the purpose of utilization review or as a condition of providing benefits under the plan that a provider in the class: (1) provide any data element not in the set of comprehensive data elements; or (2) transmit or present any such data element in a manner inconsistent with applicable standards. Directs the Secretary to establish an advisory commission of hospital executive and data base managers, physicians, health services researchers, and technical experts in the collection and use of data and operation of data systems. Authorizes appropriations for such commission. Requires the Secretary, in order to assure the availability of comparative value information to purchasers of health care in each State, to determine whether each State is developing and implementing a health care value information program that meets stated criteria. Permits grants to a State for the development of its health care value information program. Authorizes appropriations for such grants. Requires the head of each Federal agency with responsibility for the provision of health insurance or health care services to individuals to promptly develop health care value information relating to each program that such head administers. Directs the Secretary to develop model systems to facilitate: (1) the gathering of data on health care cost, quality, and outcome; and (2) analyzing such data to permit the valid comparison of such data. Authorizes appropriations for the development of such model systems. Directs the Secretary to adopt standards relating to the design and use of magnetized Medicare identification cards for the purpose of assisting health care providers in determining eligibility and billing. Authorizes appropriations. Nullifies any State law requiring that medical or health insurance records be maintained in written rather than electronic form. Requires each health benefit plan: (1) for each of its beneficiaries that has a social security number, to use that number as an identification number for claims processing; and (2) for each provider that has a unique identifier for Medicare purposes, to use that identifier for claims processing. Requires the Secretary to determine whether problems relating to the rules for determining liability when benefits are payable under two or more plans or the availability of information among such plans causes significant administrative problems, and if so, directs the Secretary to promulgate standards concerning liability and the transfer of information among plans. Directs the Secretary to provide grants to qualified entities to demonstrate the application of comprehensive information systems in continuously monitoring patient care and in improving patient care. Authorizes appropriations from the Federal Hospital Insurance Trust Fund. Subtitle C: Medical Savings Accounts (Medisave) - Amends the Internal Revenue Code to exclude from the gross income of an employee any amount contributed by the employer to a medical savings account pursuant to a qualified medical savings account plan. Sets contribution limits. Defines a "medical savings account" as a trust created exclusively for purpose of paying an individual's medical expenses. Permits expenses from such account only to the extent such amounts are not compensated for by insurance. Subjects the employee to taxation as owner of the account. Subtitle D: Medicaid Program Flexibility - Amends title XIX (Medicaid) of the Social Security Act to modify Medicaid contracting requirements for coordinated care services. Authorizes the Secretary to waive specified Medicaid requirements with respect to nursing facilities located in a State if the State provides assurances satisfactory to the Secretary that the waiver of such requirements will not adversely affect the quality of life of the residents in such facilities. Subtitle E: Limitations on Physician Self-Referrals - Amends title XVIII (Medicare) of the Social Security Act to extend physician self-referral limitations to all payors as well as to certain additional services. Revises exceptions. Requires the Secretary to conduct a study in order to estimate the changes in aggregate costs for designated health services, under the Medicare program and other health plans, which will result from the implementation of the amendments made by this subtitle. Subtitle F: Removing Restrictions on Managed Care - Preempts managed care restrictions under State law. Requires the Comptroller General to conduct a study of the benefits and cost effectiveness of the use of managed care in the delivery of health services. Subtitle G: Medicare Payment Changes - Amends the Medicare program to make revisions in the methodology for determining updates to Medicare hospital payments. Provides for a reduction in Medicare payment for clinical diagnostic laboratory tests. Subtitle H: Modification of the Operation of the Antitrust Laws to Hospitals - Permits two or more hospitals, without violating the antitrust laws, to share expensive medical services or high technology equipment. Directs the Secretary to grant waivers to exempt hospitals from the antitrust laws in order to carry out agreements permitting such sharing. Sets forth reporting requirements. Subtitle I: Encouraging Enforcement Activities of Medical Self-Regulatory Entities - Prohibits damages, interest on damages, costs, or attorney's fees from being recovered under the Clayton Act or any similar State law from any medical self-regulatory entity as a result of engaging in standard setting or enforcement activities designed to promote the quality of health care provided to patients.
Resolution· HRESH.Res. 477 (102nd)passed
United States · United States Congress · 4 June 1992
Requires that the testimonial and documentary evidence in connection with the June 17, 1987, deposition of former Secretary of Defense Caspar W. Weinberger before the Select Committee to Investigate Covert Arms Transactions with Iran, as outlined in the request of June 1, 1992, by the Independent Counsel, be furnished at the direction of the Clerk of the House to the Independent Counsel.
Bill· SS. 2805 (102nd)referred
United States · United States Congress · 3 June 1992
International Sanctions Enforcement Act of 1992 - Directs the President to impose the following sanctions against any foreign person who has knowingly violated United Nations Security Council Resolution 748 imposing sanctions against Libya: (1) a prohibition on procurement by the U.S. Government or U.S. persons of goods or services from such persons; and (2) the export of U.S. goods or technology to such persons. Imposes such sanctions on successor entities to such persons, as well as subsidiaries, parents, affiliates, and co-ventures if they knowingly and materially assisted in the prohibited activities. Urges the President to initiate consultations with foreign governments with jurisdiction over such persons with respect to the imposition of sanctions. Requires the President to impose the sanctions unless he certifies to the Congress that a government has taken actions to terminate the involvement of a person in such activities. Exempts from prohibitions on procurement the procurement of defense articles and services: (1) under existing contracts; (2) if the person to whom sanctions would be applied is a sole source supplier, the articles or services are essential, and alternatives sources are not available; or (3) that are essential to national security under defense coproduction agreements. Applies such exemption to: (1) products or services provided under contracts entered into before the date the President publishes his intention to impose sanctions; (2) spare or component (not finished) parts essential to U.S. products or routine servicing and maintenance of products, if alternative sources are not available; (3) information and technology essential to U.S. products; and (4) medical or other humanitarian items. Applies sanctions for at least 12 months and terminates sanctions only if the President certifies to the Congress that a person has ceased to, and will not in the future, violate the Resolution. Permits the President to waive sanctions after the 12-month period if he certifies to the Congress that the continued imposition of sanctions would have a serious adverse effect on U.S. interests. Amends the State Department Basic Authorities Act to authorize the issuance of residence visas for protection purposes to aliens (and immediate relatives) who furnish information concerning acts of international terrorism against U.S. persons or property. Limits the number of aliens admitted for such purposes to 25. Increases criminal penalties for the misuse of passports. Directs the President to certify to the Congress whenever he determines that a country is not complying with the Resolution. Suspends service of such countries' air carriers to or from the United States. Authorizes the revocation of such countries' rights to engage in air transportation to or from the United States. Amends the International Emergency Economic Powers Act to regulate or prohibit the importation or exportation of informational materials containing technical or commercial data of value to the economy of a foreign country whose transactions are otherwise regulated or prohibited. Increases the amount of civil penalties authorized to be imposed for violations of such Act.
Bill· SS. 2803 (102nd)referred
United States · United States Congress · 3 June 1992
Defense Workers Economic Reinvestment Act - Title I: Economic Reinvestment Council - Establishes the Economic Reinvestment Council to: (1) administer the National Technology Infrastructure Goals Improvement and Consortia Creation program and the Fast Response State Technological Competitiveness Grants program, both established under this Act; and (2) be empowered to examine and approve or disapprove all other project and program selections made under this Act and funding decisions under this Act exceeding $500,000. Requires reviews of funding requests to be completed within 60 days. Directs the Council to advise the Secretary of Defense and the heads of other Federal agencies on the progress and success of the economic reinvestment programs established under this Act and under the Defense Economic Adjustment, Diversification, Conversion, and Stabilization Act of 1990 in alleviating the adverse economic and social effects of reductions in defense spending. Requires the Council to consult on a regular basis with Governors of States involved in reinvestment activities. Directs the Council: (1) upon receiving notification of the annual defense budget proposal of the Secretary, to commence a preliminary study of the potential adverse economic effects the proposal may have on qualified defense contractors and communities; and (2) to prepare and distribute an economic reinvestment progress report on an annual basis. Requires the latter report to be distributed to State Governors, the heads of Federal departments and agencies, and any other interested persons. Authorizes appropriations. Title II: National Technology Infrastructure Goals Improvement and Consortia Creation - Directs the President, in order to exploit the potential of critical technologies that would benefit national infrastructure and create export opportunities, to develop and carry out a program to assist advanced technology projects. Includes the following areas within appropriate investments in advanced technology projects which are in the national interest: space exploration, transportation, environmental restoration, telecommunications, energy efficiency, health care, education, and ocean technology. Directs the Council to solicit, review, prioritize, and select advanced technology projects to benefit the national technology infrastructure. Requires the Council to prepare and disseminate guidelines for qualifying project proposals. Requires specified Federal department and agency heads to submit to the Council proposals for such projects. Allows other Federal departments and agencies to submit proposals. Provides that, once a project is selected, the Council shall review project plans and schedules, provide funds to the project through the Department of Defense (DOD), and oversee implementation of the project. Encourages joint ventures in such projects with combinations of industry, academic, and State and Federal Government partners. Authorizes appropriations to fund such project for FY 1993 through 1996. Directs the Council to coordinate and oversee the creation of one consortium matched to each project, focusing on the basic and applied research for such project. Requires at least 50 percent of the funding for a consortium to derive from non-Federal sources. Limits Federal funding for a consortium to $5,000,000 annually for a period of four years. Requires small business to receive a minimum of 20 percent of the consortium research funding. Requires the Council to solicit and evaluate other proposals for critical technology consortia and to select at least three proposals annually. Places identical limits on the length and amounts of Federal funding for such consortia. Requires activities conducted by such a consortium to include a significant defense component. Authorizes appropriations for FY 1993 through 1996. Directs the Secretary to reexamine existing procurement contracts to determine whether overly restrictive specifications on systems, supplies, and services that are also available commercially have been made. Directs the Secretary, for contracts exceeding $100,000 where DOD specifications preclude the purchase of commercial sector products, to justify the necessity for developing a different specification and the unsuitability of commercial specifications. Requires the Secretary to report to the Congress detailing such justifications for each contract. Requires each defense contract solicitation to include provisions which encourage the use of commercially available systems, supplies, and services. Title III: Relieving Labor Shortages in Selected Civilian Applications - Directs the Secretary to establish an Office of Training Oversight and Administration to coordinate and oversee retraining, placement, and other transition assistance activities for full-time employees of at least three years of a qualified defense contractor (a contractor deriving 30 percent of its annual income from, or using 30 percent of its work force on, defense contracts) who: (1) are directly involved with a DOD funded project which is canceled or which receives at least a 25 percent reduction in Federal funds; and (2) are terminated or likely to be terminated within one year as the result of such cancellation or reduction. Directs the Office to disseminate information concerning such retraining and placement assistance to all qualified contractors and eligible DOD employees. Directs the Office to maintain statistics on the effectiveness of the transition assistance program in order to aid the Council in required activities. Authorizes the Office, in cooperation with other Federal agencies, to enter into agreements for the provision to eligible DOD employees of such transition assistance in skills identified to be in short supply in the area in which the retraining program operates. Authorizes the Office to award one- and two-year scholarships to educational institutions, giving a priority in such scholarships to eligible employees who seek vocational training and for scholarships in certain critical occupations as determined by the Office. Limits the Federal contribution to a training program to 50 percent of its costs. Authorizes appropriations for FY 1993 through 1995. Requires a qualified defense contractor to make a good faith effort to identify as early as possible employees who meet the eligibility requirements of the program, to advise them on options, and to allow them to participate in retraining and other transition assistance programs. Allows certain employees previously terminated under similar conditions within one year before the enactment of this Act to be eligible for such program. Title IV: Commercialization Opportunities - Directs the Secretary of Commerce (Secretary, for purposes of this title) to establish a program to assist U.S. businesses in creating and applying the generic technology and research results necessary to commercialize significant new discoveries and technologies. Requires the program selection board to be modeled after the Advanced Technology Program of the National Institute of Standards and Technology. Directs the Secretary to inform the Council of the status of funded projects and on new selections for the Council's approval as required under title I. Authorizes the Secretary to enter into contracts and cooperative agreements with U.S. businesses for commercialization projects to demonstrate the feasibility of a particular technology or process up to the prototype stage, limiting the Federal funds to 33 percent of the project's costs, and limiting a single project to $1,000,000. Authorizes appropriations to the Secretary for FY 1993 through 1996. Authorizes the Secretary to make loans to U.S. businesses of up to $3,000,000 for any one commercialization project. Prohibits more than three loans from being made to any single company or joint venture. Provides loan conditions and criteria. Authorizes appropriations for FY 1993. Directs the Secretary of Defense to: (1) encourage the creation of industrial parks or technology incubator centers to transfer and spin off technology from qualified defense contractors to small businesses; (2) use royalties earned from the licensing of certain patents to assist local technology transfer activities; and (3) create and administer an awards program (modeled after an awards program under the Stevenson-Wydler Technology Innovation Act of 1980) to foster and encourage innovation and redirection efforts by qualified defense contractors in the area of commercialization. Title V: Fast Response State Technological Competitiveness Grants - States as the purpose of this title to provide Federal assistance directly to States for defense reinvestment programs. Directs the Secretary to allocate amounts authorized for appropriation under this title under a specified funding formula as technological competitiveness grants to States whose defense reinvestment programs meet certain requirements. Directs the Council to develop and disseminate guidelines on State eligibility for such grants. Requires a State, prior to receiving such a grant, to provide the Council information about its defense reinvestment program. Directs each State to report annually to the Council on progress under its reinvestment program, as well as any other data analysis required by the Council for its duties. Directs the Secretary to withhold grant funds from a State if the Council concludes that such State's reinvestment program or its progress is unsatisfactory relative to the published guidelines. Allows a 90-day appeal period during which the State shall be permitted to submit a revised program for Council review. Authorizes appropriations for FY 1993 through 1995 for such grants.
Bill· HRH.R. 5319 (102nd)open
United States · United States Congress · 3 June 1992
Historic Fleet Restoration Act of 1992 - Authorizes the Secretary of Transportation to convey to the National Maritime Museum Association (San Francisco, California) certain National Defense Reserve Fleet vessels that are scheduled to be scrapped.
Bill· HRH.R. 5313 (102nd)referred
United States · United States Congress · 3 June 1992
Anti-Drug Abuse Act of 1992 - Title I: International Efforts to Reduce Illegal Drug Production and Drug Trafficking - Expresses the sense of the Congress that the President should direct the Secretary of State to negotiate with the Governments of Canada and Mexico for the establishment of a North American Narcotics Council which would explore ways and means of facilitating the exchange of information (both in antinarcotics efforts and in substance abuse reduction and education programs), increasing cooperation in antinarcotics efforts, and improving efforts to supply assistance to source and trafficking countries, and reducing through other areas and programs the demand for and supply of illicit narcotics and psychotropic substances. Requires the President to submit to the Congress, for each fiscal year in which the United States participates in the Council, a budget request to cover the expenses of such participation. Sets forth provisions for the appointment of a permanent U.S. representative and congressional advisors to the Council, provisions for termination of such Council, and reporting requirements. Requires the President, with respect to each year after 1992, to determine whether: (1) there was a reduction in the quantity of illicit coca produced or in illicit coca activities in Bolivia, Colombia, and Peru; and (2) any reduction is attributable to the implementation of social or economic alternatives in such countries. Authorizes the President, if an affirmative determination with respect to such a country is made and the Congress enacts a law approving it, to apply special trade treatment to articles that: (1) are products of such country; and (2) are entered or withdrawn from warehouse for consumption in U.S. customs territory in the year following the year such determination was made. Specifies that if the granting of such special trade treatment would violate the General Agreement on Tariffs and Trade, provisions of this Act shall be inapplicable until the President obtains a waiver of the provision which is the basis for such violation. Prohibits such special treatment if specified actions under the Narcotics Control Trade Act are in effect with respect to such country or if such treatment is restricted under countervailing duties or trade dumping regulations. Authorizes appropriations for additional economic assistance grants for the Governments of Bolivia and Peru, to be made available only after consummation of a written agreement between such governments and the United States outlining specific, verifiable illicit coca eradication plans resulting in a 50 percent eradication of the illicit coca crop by the end of FY 1994, and a 100 percent eradication by the end of FY 1997. Requires the Secretary of State to negotiate such bilateral agreements on behalf of the United States and to have primary responsibility for verifying the actual eradication of illicit coca in Bolivia and Peru. Authorizes the use of funds under the Foreign Assistance Act of 1961 (FAA) and the Arms Export Control Act (AECA) for training and equipment for law enforcement agencies or other units in Colombia, Bolivia, and Peru that are organized for the specific purpose of enforcing narcotics laws. Waives, during FY 1992 through 1994, specified provisions limiting assistance to countries in default on obligations owed to the United States with respect to narcotics-related assistance under the FAA or AECA for a country that is a "major illicit drug producing country" because of its coca production. Amends the FAA to: (1) authorize funding for the procurement of weapons or ammunition to arm, for defensive purposes, aircraft that are leased or loaned by the United States and used in narcotics control eradication or interdiction efforts and persons participating in such efforts; (2) make an exception to the withholding of assistance for major illicit drug producing or drug-transit countries where such action would be contrary to the national interest of the United States; (3) authorize the President to provide aircraft on a sale or grant basis for anti-narcotics activities if he determines that it would be in the national interest to do so and reports the determination and the terms of the proposed sale or grant to the Congress; (4) authorize Bolivia and Peru to have U.S. military personnel strengths larger than six to carry out international security assistance programs; and (5) make certain certification procedures under such Act inapplicable to certain major drug-transit countries if the President certifies that such countries meet specified requirements in making progress towards narcotics control. Amends the Export-Import Bank Act of 1945 to: (1) make certain restrictions under such Act and under the AECA inapplicable to sales of defense articles or services made on or before September 30, 1994 (currently, 1990); and (2) revise the definition of the term "defense articles and services" to conform to that under the AECA. Expresses the sense of the Congress that the Secretary of the Treasury shall instruct the U.S. Executive Directors of the International Bank of Reconstruction and Development, the International Development Association, and the Inter-American Development Bank to use the vote and influence of the United States to promote development projects in the Andean region consistent with U.S. anti-narcotics objectives. Establishes an Interagency Task Force on Combatting Illicit Narcotics and an Interagency Task Force on Money Laundering. Authorizes the Attorney General to assist major illicit drug producing and drug-transit countries in adopting national legislation to accommodate treaties on mutual assistance in criminal matters and on extradition and to provide technical assistance and advice aimed at strengthening the judicial, legal, and law enforcement systems of such countries. Expresses the sense of the Congress that: (1) the United States should support the actions of Latin American jurists in prosecuting drug criminals; and (2) the President should take steps to convene an international judicial conference for the purposes of emphasizing worldwide support for prosecuting drug traffickers and enabling senior judicial officials to exchange information on antinarcotic laws and statutes. Authorizes appropriations for military and law enforcement assistance and training to eligible countries for controlling illicit narcotics production and trafficking. Urges the executive branch to: (1) coordinate closely with all allies in the Western Hemisphere dedicated to countering the threat of drug trafficking; and (2) explore the possibility of undertaking joint military and intelligence operations with other countries of the Western Hemisphere. Directs the Attorney General to enter into negotiations with law enforcement officials of each foreign country with jurisdiction over companies that manufacture, market, sell, or purchase precursor or essential chemicals used in the illicit manufacture of controlled substances, with priority given to countries knowingly or unknowingly supplying such chemicals, to: (1) establish a list of such chemicals; (2) achieve international agreement on a method for maintaining records of transactions of such chemicals; (3) establish a procedure by which such records may be made available to U.S. law enforcement authorities; and (4) encourage source countries to enact national chemical control legislation. Requires the President to impose sanctions (such as barring transactions within the interstate or foreign commerce of the United States) on any company or other entity that refuses to maintain records to monitor and regulate transactions of listed precursor chemicals or that refuses to make such records available to U.S. law enforcement authorities for investigative purposes. Authorizes and directs the Attorney General to conduct research into additives and other means which would render precursor and essential chemicals useless in the production and manufacture of illegal drugs but that would not affect the legitimate commercial uses of such chemicals. Authorizes appropriations. Requires the Secretary of Defense to: (1) transfer four AH-1J helicopters to the Government of Colombia for anti-drug interdiction operations; and (2) make available sums for the training of Colombian personnel by Department of Defense (DOD) personnel in the operation, maintenance, logistics support, and deployment of such helicopters. Urges the Secretary of State to fully consider and implement proposals from U.S. allies for combatting illicit narcotics, including cooperation in law enforcement, interdiction, prevention, treatment, and research. Title II: Interdiction - Subtitle A: Department of State - Authorizes appropriations for the procurement of UH-1 helicopter upgrade improvement kits to enhance the performance of such helicopters used in drug interdiction operations in major drug transit countries. Subtitle B: Customs Service - Amends the Customs Procedural Reform and Simplification Act of 1978 to authorize appropriations for additional canine enforcement teams and research and development and to increase the number of full-time Customs Service inspectors deployed at ports of entry under the contraband inspection program. Subtitle C: Defense - Authorizes appropriations for the Army National Guard to upgrade surveillance helicopters. Provides for: (1) the deployment of such helicopters by Guard units of Arizona, California, New Mexico, and Texas to support interdiction operations carried out by civilian law enforcement agencies; and (2) coordination with specified agencies. Authorizes appropriations to DOD for airborne early warning surveillance (AEW) aircraft. Authorizes the Secretary of Defense to make the P-3 AEW aircraft available to the Customs Service. Subtitle D: Making Drug-Related Intelligence a Level-One Intelligence Priority - Calls for the U.S. intelligence community to devote greater resources to intelligence activities relating to international drug production and trafficking. Urges the Director of Central Intelligence (DCI) to: (1) make support of anti-drug efforts a Level One Priority in his National Foreign Intelligence Strategy; (2) reflect such priority in the National Foreign Intelligence Program; and (3) include in his next National Foreign Intelligence Budget a separate and detailed request for funds necessary to make such activities a Level One Priority. Expresses the sense of the Congress that the DCI should expand resources devoted to human intelligence directed against international drug trafficking, particularly with respect to law enforcement operations along the U.S. border. Subtitle E: Preventing Drug Traffickers From Entering the United States Using Fraudulent Immigration Documents - Directs the Secretary of State and the Attorney General to: (1) establish a program under which applicants for entry into the United States shall be required to submit fingerprints at the time of application and to be checked against records of the Federal Bureau of Investigation (FBI), the Immigration and Nationalization Services (INS), and other U.S. agencies to ensure that the applicant has not submitted fraudulent documentation or is not otherwise excludable under U.S. immigration laws; (2) implement such program in two phases, including a two-year pilot program for applicants from major drug-producing or transit countries (phase I) and implementation over the next three years and expansion to all alien applicants requesting entry into the United States (phase II); and (3) conduct a comprehensive review and evaluation of such program and submit specified reports to the Congress. Subtitle F: Situational Awareness Technology - Makes certain funds authorized to be appropriated for Research, Development, Test, and Evaluation, Air Force, available for continued development of situational awareness technology for military and civilian drug interdiction applications. Title III: Law Enforcement - Subtitle A: State and Local Law Enforcement Assistance - Amends the Omnibus Crime Control and Safe Streets Act of 1968 (Omnibus Act) to authorize appropriations for the Drug Control and System Improvement Grant Program. Subtitle B: Interstate Transportation for Purposes of Drug Activity - Amends the Controlled Substances Act (CSA) to prohibit the transport in interstate or foreign commerce of a person for the purpose of engaging in the growing, harvesting, manufacture, distribution, or dispensing of a controlled or counterfeit substance. Subtitle C: Drug-Free School Zones - Directs the Attorney General to develop a model program of strategies and tactics for establishing and maintaining drug-free school zones which provide State and local law enforcement agencies with materials, training, and other assistance to establish, enforce, and evaluate the effectiveness of drug-free school zone enforcement efforts. Delineates criteria for such model program, including defining the criminal justice community's role in creating and maintaining such zones, developing a framework for law enforcement collaboration with the school system and community resource network, providing materials and technical assistance for demarcating and establishing such zones, and creating a uniform framework for monitoring and evaluating their effectiveness. Authorizes appropriations. Subtitle D: Drug Testing of Defendants on Probation or Supervised Release - Amends the Federal criminal code to require: (1) the Director of the Administrative Office of the U.S. Courts to establish a program of drug testing of criminal defendants on supervised release; and (2) the chief probation officer in each district to arrange for the drug testing of such defendants. Requires, as an explicit condition of probation, parole, or supervised release of a defendant involving a felony or a specified violent or drug offense, that the defendant refrain from any unlawful use of a controlled substance and submit to periodic drug tests. Sets limitations on the authority to require such tests and to take action against a defendant based on test results. Subtitle E: Civil Forfeiture - Eliminates a restriction on the disposal of judicially forfeited property by the Secretary of the Treasury and the Postal Service. Subtitle F: Authorization of Appropriations - Authorizes appropriations, to carry out the activities of the Department of Justice (DOJ), for: (1) the hiring of additional personnel for the U.S. Attorney's office, and for additional agents of the FBI; (2) the Drug Enforcement Administration (DEA); (3) the States, under the formula grant program administered by the Office of Justice Programs, for rural drug enforcement; (4) State and local multi-agency tactical narcotics teams in high intensity drug areas; (5) the establishment by DEA of a foreign precursor chemical program; (6) the establishment and operation of a national drug and related crime tip hotline; and (7) the INS. Authorizes appropriations, to carry out the activities of the Department of the Treasury, for: (1) the Bureau of Alcohol, Tobacco, and Firearms; (2) the Federal Law Enforcement Training Center; and (3) the U.S. Customs Service. Subtitle G: Regional Prisons - Authorizes appropriations for the construction and operation of ten regional prisons for State and Federal prisoners found to have substance abuse problems requiring long-term treatment to be located in places chosen by the Director of National Drug Control Policy. Sets forth requirements regarding prisoner eligibility, State responsibilities with respect to such prisons, and the powers of the Director of the Bureau of Prisons. Subtitle H: Victims of Child Abuse Act of 1992 - Victims of Child Abuse Act of 1992 - Chapter 1: Drug-Related Child Abuse; Habitual Child Abuse Offense - Amends the Federal criminal code to make it a felony to commit a crime of violence against a person under age 18 if the offense was committed as part of a violation of the CSA or the Controlled Substances Import and Export Act. Requires the Attorney General to amend the United States Attorneys' Manual to reflect the intent of the Congress that Federal prosecution occur only in egregious cases of drug-related abuse and neglect. Requires the United States Sentencing Commission to promulgate guidelines to provide that a defendant convicted of such an offense, who has previously been convicted on two separate occasions of a sexual offense or crime of violence in which the victim was under age 18, shall receive the maximum punishment authorized by law. Chapter 2: Improving Investigation and Prosecution of Child Abuse Cases - Requires the Administrator of the Office of Juvenile Justice and Delinquency Prevention to make grants to develop multidisciplinary child abuse investigation and prosecution programs. Enumerates program criteria, including requirements identifying a neutral site for counseling child victims of sexual and serious physical abuse and neglect, referring cases to such counseling center within 24 hours, minimizing the number of interviews the child victim must attend, requiring that all interviews and meetings with a child victim occur at the counseling center, designating a director for the multidisciplinary program, and assigning volunteers or staff advocates to each child's family. Requires the Administrator to make grants to provide technical assistance and training to attorneys and others instrumental to the criminal prosecution of child abuse cases in State or Federal courts. Authorizes appropriations. Chapter 3: Court-Appointed Special Advocate Program - Requires the Administrator to: (1) make grants to expand the court-appointed special advocate program; (2) establish criteria to be used in evaluating grant applications, which shall include a program providing screening, training, and supervision of court-appointed special advocates. Authorizes appropriations. Chapter 4: Child Abuse Training Programs for Judicial Personnel and Practitioners - Requires the Administrator to provide technical assistance and training to judicial personnel and attorneys to improve the judicial system's handling of child abuse and neglect cases and provide administrative reform in juvenile and family courts. Subtitle I: Rural Drug Enforcement - Rural Drug Enforcement Act - Requires the Director of National Drug Control Policy to designate a Rural Drug Policy Coordinator to examine the special needs of rural areas in drug interdiction and coordinate the drug interdiction efforts of Federal agencies in such areas. Amends the Omnibus Act to set aside specified sums for rural areas. Directs the Attorney General to assign for any rural State that is currently assigned less than ten drug enforcement agents not less than four additional special agents. Directs the Secretary of the Treasury to develop a drug interdiction training program for law enforcement officers in rural areas. Authorizes appropriations. Title IV: Prevention, Treatment, and Education - Subtitle A: Drug Testing - Quality Assurance in the Private Sector Drug Testing Act of 1992 - Prohibits any employer engaged in commerce from refusing to hire an applicant, taking adverse action against an employee, or discharging an employee on the basis of the results of a drug test administered to the applicant or employee unless such test was conducted by a laboratory which: (1) meets guidelines prescribed by the Secretary of Health and Human Services; (2) requires a confirmatory test when an initial screening test is positive; and (3) provides guidelines to the employers on procedures for the collection of specimens to be tested and the chain of custody. Subjects an employer who takes any such action on the basis of a drug test result conducted by a laboratory which does not meet such requirements to a civil penalty of $10,000. Subtitle B: Miscellaneous Provisions - Amends the Public Health Service Act (PHSA) to require the Administrator of the Alcohol, Drug Abuse, and Mental Health Administration (ADAMHA) to make grants and enter into contracts and cooperative agreements to provide clinical training in alcohol and drug abuse and to develop curricula and materials for such training. Authorizes appropriations. Increases the ADAMHA block grant authorization. Authorizes the use of ADAMHA block grant funds for alcohol abuse and drug addiction treatment services in State or local correctional facilities. Requires the State, as a condition on the receipt of Federal funds, to maintain State expenditures for drug abuse-related services at a level equal to not less than the average amount of such expenditures for the preceding two years. Requires States to develop and submit to the Secretary annually for review and approval a Statewide Drug Treatment Plan. Requires the Director of the Office for Substance Abuse Prevention, in making grants for model projects for pregnant and post-partum women and their infants, to give priority to projects that will provide treatment services and that include specified programs including outreach services, child care, transportation, and other support services, case management services, and any other services that will tend to improve pregnancy outcomes, reduce substance abuse among women of childbearing age, and increase the stability of the family home environment. Bars the Director from making such grants unless specified conditions are met, such as the applicant's agreeing to provide the health service directly, that any charge imposed be according to a schedule of charges made available to the public and be adjusted to reflect the recipient's income and resources, and that no charge be imposed upon any women with an income less than 100 percent of the official poverty line. Authorizes appropriations. Establishes in ADAMHA the Office for Treatment Improvement (Treatment Office) to: (1) collaborate with the Director of the Office for Substance Abuse Prevention and the Director of the National Institute on Drug Abuse (NIDA); (2) evaluate State plans and carry out programs under existing provisions; (3) train providers of prehospital emergency medical services; (4) conduct or support described programs; and (5) take other actions with regard to treatment. Authorizes appropriations. Establishes within the General Accounting Office a Special Panel on Evaluation of Drug Prevention, Education, and Treatment Programs. Authorizes appropriations. Requires the Director of the Treatment Office to establish programs to provide grants to: (1) eligible institutions to provide training services to increase the supply of drug treatment professionals; and (2) hospitals, community health centers, and other appropriate entities that serve nonmetropolitan areas to assist in developing and implementing projects (at least one in each State) that provide, or expand the availability of, substance abuse treatment services. Requires the alcohol and drug abuse information clearinghouse required to be established under the PHSA to: (1) gather information pertaining to ADAMHA and other rural drug abuse treatment and education projects operating throughout the United States; and (2) disseminate information to rural hospitals, community health centers, community mental health centers, treatment facilities, community organizations, and other interested individuals. Transfers authority from the Administrator of ADAMHA to the Director of the Treatment Office for an existing grant program for reduction of the waiting period for drug abuse treatment. Removes provisions prohibiting more than one grant for any treatment program. Allows a grantee to spend not more than 50 percent of the grant for follow-up services. Increases the authorization of appropriations. Sets forth reporting requirements. Authorizes appropriations for the Federal Prison System for substance abuse treatment services. Directs the Bureau of Prisons to separate drug-dependent offenders undergoing treatment from the general prison population and avoid returning such offenders to the general prison population after the completion of the treatment program. Requires the Attorney General to: (1) make sums available from appropriations authorized for DOJ to establish a Federal training center to train Federal, State, and local prison officials to develop treatment and rehabilitation programs for drug-dependent prisoners; and (2) require the Director of the prison system to see that no less than 25 percent of all new prison beds at any new prison facility, beginning in FY 1992, include treatment and rehabilitation programs and accommodations for drug-dependent offenders. Requires the Director of the Treatment Office to establish programs to provide grants to public and nonprofit private entities that provide drug treatment services to individuals under criminal justice supervision. Subtitle C: Education and Prevention - - Reauthorizes appropriations under the Drug Free Schools and Communities Act of 1986. Amends such Act to require the Secretary of Education to establish and administer a model program to provide grants to schools and institutions to implement comprehensive drug education programs providing for the establishment of an anti-drug policy, implementation of peer to peer programs that allow children to talk about handling pressures to use and sell drugs, and family and community involvement in drug prevention. Sets forth criteria for grant awards. Authorizes appropriations. Requires such Secretary to expand existing programs at the Department of Education to provide schools with greater access to programs that teach skills in resisting drug abuse and assertiveness training for children in grades kindergarten through 12. Authorizes appropriations. Amends the PHSA to direct the Secretary of Health and Human Services to establish: (1) a program to make grants to eligible institutions that establish or expand drug prevention programs to be comprehensive in nature and to include an anti-drug policy, peer to peer drug abuse programs, and family and community involvement; and (2) a National Substance Abuse Prevention Training Program to make grants to States, local agencies, and community organizations to provide substance abuse prevention training and to coordinate with other community resources and programs. Authorizes appropriations. Directs such Secretary to establish a National Drug Prevention Corps. Authorizes appropriations. Requires the Director of National Drug Control Policy to provide resources to assist members of the motion picture and television industries in the production of programs that carry anti-drug messages. Authorizes appropriations. Expresses the sense of the Congress that: (1) all places of work should be drug-free; (2) corporate America should take an active role in assisting employees with drug-related problems; and (3) employers should take specified steps towards creating a drug-free workplace, such as establishing a clear drug-free policy and establishing an employee assistance plan for substance abusing employees. Directs the Secretary of Labor to: (1) identify 100 major business regions in the United States and contact local chief executive officers in such regions to encourage them to develop in each region a Corporation Against Drug Abuse program; and (2) provide each region with $10,000 to assist such officers in coordinating such program in each region. Amends the Drug-Free Workplace Act of 1988 to include within the drug-free awareness programs for Federal contractors and Federal grant recipients discussions of the dangers and early signs of drug abuse by children. Title V: Department of Defense - Authorizes the Secretary of Defense to plan and execute training missions for the primary purpose of assisting civilian law enforcement agencies in connection with counter-drug activities. Amends the Department of Defense Authorization Act of Fiscal Years 1990 and 1991 to authorize the Secretary to transfer excess communications equipment to civilian law enforcement agencies of foreign countries to assist in counter-drug activities. Authorizes the President to lease excess engineering equipment in the inventory of DOD to foreign governments to assist in anti-drug activities or in the development of their infrastructure at nominal or no cost to such governments. Authorizes the Secretary to make available logistic support to any major illicit drug producing country which has been transferred excess defense articles. Allocates funds appropriated for such support. Title VI: Sanctions for Failure to Land or to Bring To - Makes it unlawful for the pilot, operator, or other person in charge of an aircraft subject to U.S. jurisdiction to refuse to obey the order of an authorized Federal law enforcement officer to land in cases involving enforcement of controlled substances or money laundering laws. Sets forth analogous provisions with respect to vessels. Establishes penalties for violation of such provisions. Specifies that any vessel or aircraft used in such a violation may be seized and forfeited. Amends the Federal Aviation Act of 1958 to require: (1) revocation of the registration certificate of an aircraft that refuses to land when ordered to do so by a law enforcement officer; and (2) the Administrator of the Federal Aviation Administration to establish procedures for the owner of the aircraft to show cause why the registration should not be revoked or why it would be in the public interest to issue a new certificate of registration to be effective concurrently with the revocation which occurred by operation of law. Authorizes the Coast Guard to issue orders and make inquiries, searches, seizures, and arrests with respect to violations of U.S. laws occurring aboard any aircraft over the high seas and waters over which the United States has jurisdiction. Specifies the method by which orders to land an aircraft must be communicated. Establishes a civil penalty for failure to comply with a lawful boarding or order to land. Amends the Tariff Act of 1930 to: (1) authorize U.S. Customs officers to exercise their enforcement authority outside of the United States, including any location in which Customs officers are permitted to conduct inspections, examinations, or searches; and (2) provide civil penalties for failure of an aircraft to comply with Customs officer orders to land or bring to and Tariff Act provisions regarding the boarding of vessels. Title VII: Protection of Witnesses, Jurors, and Court Officers - Increases penalties for obstruction of justice offenses against court officers and jurors and for retaliatory killings of witnesses, victims, and informants. Title VIII: Narcotics-Related Public Corruption - Specifies that any: (1) public official who corruptly demands, seeks, or accepts anything of value in return for being influenced in the performance or non-performance of an official act or influenced to commit or aid in committing any Federal or State offense shall be guilty of a class B felony; and (2) person who corruptly gives, offers, or promises anything of value to a public official (or offers to give anything of value to any other person) with intent to influence any official act or to influence such public official to commit a Federal or State offense or to do or omit any act in violation of such official's lawful duty shall be guilty of a class B felony. Authorizes funding for undercover operations by the Department of the Treasury. Title IX: Asset Forfeiture and Money Laundering - Makes technical and conforming amendments to the CSA, Federal criminal code, and Tariff Act. Title X: Miscellaneous - Adds certain cocaine and drug conspiracy and attempt offenses committed by juveniles to the list of crimes authorizing prosecution as an adult if the Attorney General certifies that there is a substantial Federal interest in the case that justifies adult prosecution. Authorizes the disclosure of cable television subscriber information to a Federal grand jury. Amends the Anti-Drug Abuse Act of 1988 to permit an arrest warrant to be issued for a foreign fugitive about to enter the United States. Title XI: High Priority Research Areas - Subtitle A: General Provisions - Expresses the sense of the Congress that the Medications Development Division of NIDA shall devote special attention and resources to achieving the development of a methadone alternative, a long-acting narcotic antagonist, a cocaine blocking treatment, a cocaine blocker/narcotic antagonist treatment, medications to treat addictions to methamphetamine, and medications to treat pregnant addicts and their fetuses. Requires: (1) the Director of the Division to establish a panel of independent experts in the field of pharmacotherapeutic treatment of drug addiction to assess the national strategy for developing such treatments and make appropriate recommendations; and (2) the Surgeon General of the United States to submit to the appropriate congressional committees a report setting forth recommendations of such panel and assessing the progress of the Nation toward development of safe, efficacious pharmacological treatments for drug addiction. Subtitle B: Counter-Narcotics Technology Assessment Center - Counter-Narcotics Technology Act of 1992 - Amends the Anti-Drug Abuse Act of 1988 to establish within the Office of National Drug Control Policy (ONDCP) the Counter-Narcotics Technology Assessment Center, to operate under the general authority of the Deputy Director for Supply, ONDCP, to serve as the central counter-narcotics enforcement research and development organization of the U.S. Government. Requires that there be at the head of the Center the Chief Scientist of Counter-Narcotics Technology. Requires, beginning with the FY 1992 budget, that the Director of National Drug Control Policy submit a separate appropriations request for expenses relating to all Federal agencies for counter-narcotics enforcement research and development programs. Establishes a national counter-narcotics technology account. Requires such appropriations to be made to the account for the Director to make reimbursements to the involved agencies. Authorizes appropriations. Subtitle C: National Drug Abuse Epidemiology - Amends the PHSA to require the Secretary of Health and Human Services to establish a National Drug Intelligence Epidemiology System to: (1) conduct research and provide documentation on the leading drug abuse indicators, such as drug-related emergency room visits, deaths, and drug treatment admissions; (2) publish data concerning such indicators on a quarterly basis; and (3) distribute publications concerning such information to medical professionals, police agencies, and others involved in anti-drug efforts. Authorizes appropriations. Requires the Secretary to establish a National Drug Abuse Report Card to: (1) collect research on such indicators; (2) characterize the statistics compiled by age, ethnic, and gender groups, by regional variations, and by at-risk groups; (3) include estimates of drug use among previously under-surveyed groups; and (4) publish and distribute reports on a quarterly basis. Authorizes appropriations. Subtitle D: Land-Based Drug Interdiction Technology - Requires: (1) the Director of the U.S. Border Patrol to make certain sums available to accelerate the development of new technologies for land-based drug interdiction systems to be deployed along the U.S.-Mexican border to monitor narcotics trafficking activity, and to have such technology available for deployment by June 1, 1993; and (2) the Attorney General to ensure that the development of such technology is included in any comprehensive plan for utilizing existing research and development facilities of specified Federal agencies to carry out their anti-drug missions. Title XII: Appropriations - Provides for a reduction in amounts available for Government travel to cover the cost of any additional outlays resulting from this Act, with exceptions.
Bill· HRH.R. 5310 (102nd)referred
United States · United States Congress · 3 June 1992
Defense Workers Economic Reinvestment Act - Title I: Economic Reinvestment Council - Establishes the Economic Reinvestment Council to: (1) administer the National Technology Infrastructure Goals Improvement and Consortia Creation program and the Fast Response State Technological Competitiveness Grant program, both established under this Act; and (2) be empowered to examine and approve or disapprove all other project and program selections made under this Act and funding decisions under this Act exceeding $500,000. Requires reviews of funding requests to be completed within 60 days. Directs the Council to advise the Secretary of Defense and the heads of other Federal agencies on the progress and success of the economic reinvestment programs established under this Act and under the Defense Economic Adjustment, Diversification, Conversion, and Stabilization Act of 1990 in alleviating the adverse economic and social effects of reductions in defense spending. Requires the Council to consult on a regular basis with Governors of States involved in reinvestment activities. Directs the Council: (1) upon receiving notification of the annual defense budget proposal of the Secretary, to commence a preliminary study of the potential adverse economic effects the proposal may have on qualified defense contractors and communities; and (2) to prepare and distribute an economic reinvestment progress report on an annual basis. Requires the latter report to be distributed to State governors, the heads of Federal departments and agencies, and any other interested persons. Authorizes appropriations. Title II: National Technology Infrastructure Goals Improvement and Consortia Creation - Directs the President, in order to exploit the potential of critical technologies that would benefit national infrastructure and create export opportunities, to develop and carry out a program to assist advanced technology projects. Includes the following areas within appropriate investments in advanced technology projects which are in the national interest: space exploration, transportation, environmental restoration, telecommunications, energy efficiency, health care, education, and ocean technology. Directs the Council to solicit, review, prioritize, and select advanced technology projects to benefit the national technology infrastructure. Requires the Council to prepare and disseminate guidelines for qualifying project proposals. Requires specified Federal department and agency heads to submit to the Council proposals for such projects. Allows other Federal departments and agencies to submit proposals. Provides that, once a project is selected, the Council shall review project plans and schedules, provide funds to the project through the Department of Defense (DOD), and oversee implementation of the project. Encourages joint ventures in such projects with combinations of industry, academic, and State and Federal Government partners. Authorizes appropriations to fund such project for FY 1993 through 1996. Directs the Council to coordinate and oversee the creation of one consortium matched to each project, focusing on the basic and applied research for such project. Requires at least 50 percent of the funding for a consortium to derive from non-Federal sources. Limits Federal funding for a consortium to $5,000,000 annually for a period of four years. Requires small business to receive a minimum of 20 percent of the consortium research funding. Requires the Council to solicit and evaluate other proposals for critical technology consortia and to select at least three proposals annually. Places identical limits on the length and amounts of Federal funding for such consortia. Requires activities conducted by such a consortium to include a significant defense component. Authorizes appropriations for FY 1993 through 1996. Directs the Secretary to reexamine existing procurement contracts to determine whether overly restrictive specifications on systems, supplies, and services that are also available commercially have been made. Directs the Secretary, for contracts exceeding $100,000 where DOD specifications preclude the purchase of commercial sector products, to justify the necessity for developing a different specification and the unsuitability of commercial specifications. Requires the Secretary to report to the Congress detailing such justifications for each contract. Requires each defense contract solicitation to include provisions which encourage the use of commercially available systems, supplies, and services. Title III: Relieving Labor Shortages in Selected Civilian Applications - Directs the Secretary to establish an Office of Training Oversight and Administration to coordinate and oversee retraining, placement, and other transition assistance activities for full-time employees of at least three years of a qualified defense contractor (a contractor deriving 30 percent of its annual income from, or using 30 percent of its work force on, defense contracts) who: (1) are directly involved with a DOD funded project which is canceled or which receives at least a 25 percent reduction in Federal funds; and (2) are terminated or likely to be terminated within one year as the result of such cancellation or reduction. Directs the Office to disseminate information concerning such retraining and placement assistance to all qualified contractors and eligible DOD employees. Directs the Office to maintain statistics on the effectiveness of the transition assistance program in order to aid the Council in required activities. Authorizes the Office, in cooperation with other Federal agencies, to enter into agreements for the provision to eligible DOD employees of such transition assistance in skills identified to be in short supply in the area in which the retraining program operates. Authorizes the Office to award one- and two-year scholarships to educational institutions, giving a priority in such scholarships to eligible employees who seek vocational training and for scholarships in certain critical occupations as determined by the Office. Limits the Federal contribution to a training program to 50 percent of its costs. Authorizes appropriations for FY 1993 through 1995. Requires a qualified defense contractor to make a good faith effort to identify as early as possible employees who meet the eligibility requirements of the program, to advise them on options, and to allow them to participate in retraining and other transition assistance programs. Allows certain employees previously terminated under similar conditions within one year before the enactment of this Act to be eligible for such program. Title IV: Commercialization Opportunities - Directs the Secretary of Commerce (Secretary, for purposes of this title) to establish a program to assist U.S. businesses in creating and applying the generic technology and research results necessary to commercialize significant new discoveries and technologies. Requires the program selection board to be modeled after the Advanced Technology Program of the National Institute of Standards and Technology. Directs the Secretary to inform the Council of the status of funded projects and on new selections for the Council's approval as required under title I. Authorizes the Secretary to enter into contracts and cooperative agreements with U.S. businesses for commercialization projects to demonstrate the feasibility of a particular technology or process up to the prototype stage, limiting the Federal funds to 33 percent of the project's costs, and limiting a single project to $1,000,000. Authorizes appropriations to the Secretary for FY 993 through 1996. Authorizes the Secretary to make loans to U.S. businesses of up to $3,000,000 for any one commercialization project. Prohibits more than three loans from being made to any single company or joint venture. Provides loan conditions and criteria. Authorizes appropriations for FY 1993. Directs the Secretary of Defense to: (1) encourage the creation of industrial parks or technology incubator centers to transfer and spin off technology from qualified defense contractors to small businesses; (2) use royalties earned from the licensing of certain patents to assist local technology transfer activities; and (3) create and administer an awards program (modeled after an awards program under the Stevenson-Wydler Technology Innovation Act of 1980) to foster and encourage innovation and redirection efforts by qualified defense contractors in the area of commercialization. Title V: Fast Response State Technological Competitiveness Grants - States as the purpose of this title to provide Federal assistance directly to States for defense reinvestment programs. Directs the Secretary to allocate amounts authorized for appropriation under this title under a specified funding formula as technological competitiveness grants to States whose defense reinvestment programs meet certain requirements. Directs the Council to develop and disseminate guidelines on State eligibility for such grants. Requires a State, prior to receiving such a grant, to provide the Council information about its defense reinvestment program. Directs each State to report annually to the Council on progress under its reinvestment program, as well as any other data analysis required by the Council for its duties. Directs the Secretary to withhold grant funds from a State if the Council concludes that such State's reinvestment program or its progress is unsatisfactory relative to the published guidelines. Allows a 90-day appeal period during which the State shall be permitted to submit a revised program for Council review. Authorizes appropriations for FY 1993 through 1995 for such grants.
Bill· HRH.R. 5305 (102nd)open
United States · United States Congress · 2 June 1992
Environmental Crimes Act of 1992 - Amends the Federal criminal code to set penalties for the commission of an environmental offense in which another person is knowingly placed in imminent danger of death or serious bodily injury. Establishes a maximum fine for a first offense by an organization and a maximum punishment for second and subsequent offenses. Sets forth criteria for determining whether a defendant who is an individual knew that his conduct placed another person in such imminent danger. Makes it an affirmative defense that the conduct charged was consented to by the person endangered and that the danger and conduct charged were reasonably foreseeable hazards of an occupation, business, or profession, or medical treatment or medical or scientific experimentation, subject to specified limitations. Directs the court to order, as an additional penalty for such offense, that no Federal agency may enter into any contract with, or make any loan or grant to, a person who has been convicted of that offense, for the procurement of goods or services if such contract is to be performed at, or such grant or loan pertains to, any facility at which the violation giving rise to such conviction occurred and such facilty is owned, leased, or supervised by such person. Specifies that the prohibition of such order shall continue until the Administrator of the Environmental Protection Agency certifies that the condition giving rise to such conviction has been corrected. Requires the Administrator to establish procedures to provide all Federal agencies with the notification necessary to carry out such provision. Authorizes the President to exempt any contract, loan, or grant from the application of all or any part of such provision if necessary in the paramount interest of the United States, subject to a congressional notification requirement. Authorizes the Administrator to enter into cooperative agreements with States or Indian tribes to delegate authority under this Act. Authorizes the Attorney General to: (1) pay a reward of up to $10,000 to any person who furnishes information or services that lead to a conviction for specified environmental crimes; and (2) prescribe additional criteria for eligibility for such awards. Makes an officer or employee of the United States or of a State or local government who furnishes information or renders services in the performance of official duty ineligible for such payment. Directs the court to sentence an organization that is convicted of specified environmental crimes to probation. Makes it a condition of such probation that the organization shall pay for an environmental compliance audit. Authorizes the court, upon motion by the attorney for the Government, to waive such requirement if the organization can prove that, before the offense took place, the organization had implemented an effective program to prevent and detect violations of environmental law which satisfy specified requirements and the offense occurred despite such program. Establishes a presumption in favor of requiring such audit. Directs the court to appoint an independent expert who has no prior involvement in the management of the organization and has demonstrated abilities to conduct such an audit. Sets forth provisions regarding: (1) suggested experts (by the parties); (2) the scope of the audit; (3) reporting requirements; (4) review of the audit report; (5) court-ordered implementation; (6) review and enforcement of compliance; (7) length of term of probation; and (8) criminal liabilty for violation of environmental law (only for failure to cooperate fully with the audit or to implement the order of the court).
Bill· HRH.R. 5307 (102nd)referred
United States · United States Congress · 2 June 1992
Removes the annual and total limits on the number of Junior Reserve Officer Training Corps (JROTC) units that may be maintained at public and private secondary educational institutions. Includes, as a condition to establishing a JROTC unit at such institution, that the institution agrees to such establishment and maintenance for no less than five academic years.
Bill· HRH.R. 5303 (102nd)referred
United States · United States Congress · 2 June 1992
Amends the Internal Revenue Code to make the targeted jobs credit permanent. Replaces economically disadvantaged Vietnam-era veterans as members of targeted groups with conflict-era veterans. Defines such a veteran as any individual who has been awarded by the Department of Defense a campaign ribbon, a liberation ribbon, or a national defense service medal.
Resolution· HRESH.Res. 474 (102nd)passed
United States · United States Congress · 2 June 1992
Sets forth the rule for the consideration of H.R. 5006 (armed forces funding).
Bill· HRH.R. 5299 (102nd)open
United States · United States Congress · 28 May 1992
Amends the Foreign Assistance Act of 1961 to exclude construction and fire equipment from the definition of "excess defense articles" for purposes of restricting the transfer of such equipment to foreign countries.
Bill· HRH.R. 5282 (102nd)referred
United States · United States Congress · 28 May 1992
Prohibits, unless a certification under this Act is in effect: (1) U.S. economic assistance to the Government of Russia; and (2) the U.S. Executive Director of the International Monetary Fund (IMF) from consenting to an increase in the U.S. quota in the IMF. Requires the Secretary of the Treasury, unless such certification is in effect, to instruct the U.S. Executive Directors of the IMF and other international financial institution to oppose any loan to the Government of Russia. Describes such certification as a certification by the President to the Congress that: (1) progress has been achieved toward removal of Russian armed forces from Estonia, Latvia, and Lithuania; (2) additional Russian armed forces have not been brought into such countries for any purpose without their permission; (3) artillery exercises or training operations are not being conducted by Russian armed forces on the territory of such countries without their permission; (4) Russian military installations in such countries are open to inspection by the governments of such countries; (5) Russian air and naval forces are not interfering with traffic in the air space or territorial waters of such countries; and (6) the Russian Government is keeping such governments informed regarding the number and location of Russian armed forces in such countries. Makes such certifications effective for six months and authorizes the President to make recertifications for additional six-month periods. Terminates the restrictions under this Act if the President certifies that all Russian armed forces have been withdrawn from such countries.
Bill· HRH.R. 5279 (102nd)referred
United States · United States Congress · 28 May 1992
Economic Growth Incentive Act of 1992 - Title I: Reduction in Individual Income Taxes - Amends the Internal Revenue Code to provide for a five-percent decrease in individual income taxes for: (1) married individuals filing joint returns and surviving spouses; (2) heads of households; (3) unmarried individuals (other than surviving spouses and heads of households; (4) married individuals filing separate returns; and (5) estates and trusts. Title II: Incentive for Purchase of American-Made Property - Allows an itemized deduction for State and local general sales taxes imposed on the retail sale of American-made proeprty. Title III: Surface Transportation Programs - Amends the Intermodal Surface Transportation Efficiency Act of 1991 to repeal the obligation ceiling for Federal-aid highways and highway safety construction programs. Repeals authorized appropriations for FY 1993 and beyond and authorizes appropriations (and generally increases such appropriations) for FY 1993 and 1994 for the following programs: (1) highway programs; (2) construction of national defense highways located outside the United States; (3) the interstate substitute program; (4) donor State bonus amounts; (5) apportionment adjustments; (6) set asides for interstate discretionary projects; (7) the discretionary bridge program; (8) national high-speed ground transportation programs; (9) the highway timber bridge program; (10) highway use tax evasion projects; (11) the scenic byways program; (12) construction of ferry boats and ferry terminal facilities; (13) certain highway safety programs; (14) Federal Transit Act authorizations; and (15) the motor carrier safety grant program. Repeals FY 1992 budget compliance provisions. Accelerates from FY 1996 and 1997 to FY 1993 and 1994 the authority for reimbursements for segments of the Interstate System constructed without Federal assistance. Removes the highway safety obligation ceilings. Repeals the required reduction in certain Federal Transit Act authorizations for budget compliance. Amends the Internal Revenue Code to repeal the adjustment of apportionments for the Highway Trust Fund. Title IV: Relief from Credit Crunch - Expresses the sense of the Congress that: (1) the current "credit crunch" should be eased by making it easier for businesses and individuals to obtain loans and leases; and (2) State banking authorities and the appropriate Federal banking agencies should more sensibly apply the requirements on loan loss reserves so as not to punish or restrain responsible borrowers. Title V: Cap on Federal Employment - Prohibits the number of Federal employees from exceeding such number on the date of enactment of this Act. Rescinds all unobligated amounts that were appropriated before such date to pay salary, wages, or benefits for a position not filled on that date. Title VI: Reduction in Federal Overhead Expenses - Rescinds ten percent of all unobligated amounts that were appropriated before the date of enactment of this Act to pay overhead expenses of any Federal agency. Reduces authorizations for any fiscal year to pay overhead expenses of any Federal agency by ten percent.
Bill· HRH.R. 5287 (102nd)open
United States · United States Congress · 28 May 1992
Establishes a Chief of Dental Services in the Air Force to be selected from Air Force dental officers. Provides the grade of major general for such Chief.
Bill· HRH.R. 5290 (102nd)referred
United States · United States Congress · 28 May 1992
Directs the Secretary of Veterans Affairs to conduct a pilot program at the Philadelphia Department of Veterans Affairs Medical Center in Philadelphia, Pennsylvania, and the Tucson Department of Veterans Affairs Medical Center in Tucson, Arizona, to demonstrate the feasibility of installing telephones for use by patients in Department of Veterans Affairs medical facilities. Requires the Secretary to report to the Congress on an evaluation of such pilot program.
Bill· HJRESH.J.Res. 495 (102nd)referred
United States · United States Congress · 28 May 1992
Designates the week beginning November 8, 1992, as National Women Veterans Recognition Week.
Resolution· HRESH.Res. 473 (102nd)passed
United States · United States Congress · 28 May 1992
Condemns human rights abuses in Burma (Myanmar) and urges Burmese authorities to: (1) lift martial law and restrictions on freedom of speech and expression; (2) release persons confined for the peaceful expression of their political opinions; and (3) commit to the transition to a freely elected government. Welcomes the efforts of governments in the region to provide asylum for Burmese refugees and displaced persons and urges that no Burmese asylum-seeker be returned to Burma under current conditions. Commends the Government of Bangladesh for providing assistance to refugees and urges increased levels of U.S. refugee assistance to Bangladesh. Urges the Government of Bangladesh to work with the United Nations High Commissioner for Refugees to ensure against repatriation until the conditions for safe and secure return are in place. Urges the Burmese authorities to provide assurances that the repression that prompted the refugee exodus has ended and to permit the United Nations High Commissioner to monitor the return of refugees. Urges the Chinese Government to end all military transfers to Burma. Commends the President for implementing an arms embargo against Burma and urges him to seek a mandatory international arms embargo on Burma.
Bill· HRH.R. 5272 (102nd)referred
United States · United States Congress · 27 May 1992
Balanced Budget Enforcement Act of 1992 - Title I: Balancing the Budget - Part A: Purpose - Repeals provisions of the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) with respect to: (1) emergency powers to eliminate deficits in excess of the maximum deficit amount; (2) budgetary treatment of social security trust funds; and (3) miscellaneous and related provisions. Declares the purpose of this Act to balance the budget by FY 1997 and each year thereafter. Part B: The Deficit Elimination Act of 1992 - Deficit Elimination Act of 1992 - Establishes the amounts by which the deficits in the deficit reduction base shall be reduced by changes in law for FY 1993 through 1997. Declares that changes in law do not include the resulting debt service changes or any incidental changes in intragovernmental receipts of Federal trust funds. Increases the basic deficit reduction requirements for FY 1996 and 1997 if the baseline assuming deficit reduction projects a deficit for either fiscal year. Provides for preventing deficits starting with FY 1998, if the current policy baseline projects a deficit for the budget year after excluding any amounts resulting from the prior enactment of specific excesses. Declares the shortfall in deficit reduction to be the amount by which the deficit reduction required for that year exceeds the deficit reduction achieved for that year. States that the amount to be sequestered for any budget year is the amount of the shortfall in deficit reduction for that year (general sequestration). Requires: (1) one-half of the amount to be sequestered to be derived by the imposition of a surtax; (2) one-quarter to be derived from reductions in direct spending programs; and (3) one-quarter to be derived from reductions in discretionary programs. Requires additional sequestration based on outyear shortfall (any of the four fiscal years that follow the budget year). Allows the enactment of a spin-off law, through the congressional budget process or any other means, for any budget year that separately specifies the proportions of deficit reduction required for that year (categorical sequestration) that is to be achieved from: (1) changes in direct spending law; (2) changes in receipts law; and (3) changes in outlays for discretionary programs. Requires such law to specify a cap on the amount of discretionary new budget authority that may be appropriated for the budget year. Sets forth formulae for determining amounts of sequestration in each category. Requires additional sequestration based on outyear shortfall. Sets forth the method of sequestering direct spending programs. Provides that such sequestration will occur only if direct spending in the current policy baseline exceeds $250 million. Provides for sequestration of revenues through a tax surcharge to reduce the deficit. Amends the Internal Revenue Code to impose such tax surcharge on individuals and corporations. Sets forth the method of sequestering discretionary programs. Provides that such sequestration will occur only if discretionary new budget authority in the current policy baseline exceeds $250 million. Requires within-session sequestration if any law is enacted containing provisions that would: (1) cause there to be a greater amount of direct spending or lower total receipts that allowed in the spin-off law, or a breach in the cap on discretionary new budget authority under the spin-off law; or (2) cause a shortfall in deficit reduction if no spin-off law has been enacted. Lists the budget accounts or activities exempted from sequestration. Subjects Federal administrative expenses to sequestration orders, with specified exceptions. Grants the President the option to exempt military and civilian personnel. Declares that automatic spending increases are increases in outlays due to changes in indexes in the National Wool Act and the special milk program. Exempts all amounts under such programs from any sequestration order other than the automatic spending increases. Sets forth the method of making reductions for: (1) the guaranteed student loan program; (2) foster care and adoption assistance programs; (3) low-income entitlements; (4) Federal retirement and veteran programs; (5) the Medicare program; (6) Federal pay; (7) the child support enforcement program; (8) extended unemployment compensation; (9) the Commodity Credit Corporation; (10) the JOBS portion of the Aid to Families with Dependent Children Program (AFDC) under the Social Security Act; and (11) the Postal Service Fund. Requires budgetary resources sequestered from any account other than an entitlement trust, special, or revolving fund account to revert to the Treasury and be permanently canceled. Requires the same percentage sequestration to apply to all programs, projects, and activities within a budget account. Requires administrative regulations or similar actions implementing a sequestration to be made within 120 days of the order. Requires that obligations in sequestered direct spending accounts be reduced in the fiscal year in which a sequestration occurs and in all succeeding fiscal years. Provides that if an automatic spending increase is sequestered, the increase that was disregarded shall not be taken into account in any subsequent fiscal year. Requires sequestration in accounts for which obligations are indefinite to be taken in a manner to ensure that obligations in the fiscal year of a sequestration and succeeding fiscal years are reduced from the level that would actually have occurred, by the applicable sequestration percentage. Establishes a scorecard for the recording of the estimated increase or decrease in deficit reduction for the current year, the budget year, and each fiscal year through 1997 due to enactment (after May 15, 1992) of any law, or the imposition of any sequestration, affecting the level of direct spending or the level of receipts. Treats deficit reduction as a positive and deficit increase as a negative on such scorecard. Divides the scorecard between changes in outlays for direct spending and changes in receipts. Provides for scoring deficit reduction achieved in prior sessions. Provides for determining deficit reduction achieved in the current session and for calculating savings in discretionary programs. Sets forth assumptions to be used in calculating the baseline for the budget year and each outyear with respect to direct spending and receipts and discretionary programs. Requires the deficit reduction base to be a current policy baseline for FY 1992 through 1997. Provides for determining direct spending and receipts for such base and sets forth the level of outlays for discretionary appropriations. Requires adjustments to the discretionary deficit reduction base for each budget year and each outyear through 1997 to reflect changes in budget accounting concepts, changes in inflation, and specific excesses. Declares that a baseline assuming deficit reduction shall be a projection of current policy baseline deficits that is adjusted in aggregate by assuming compliance with basic deficit reduction requirements and excluding amounts designated as specific excess. Sets forth the timetable for estimating assumptions and filing reports and orders by the President, the Office of Management and Budget (OMB), the Congressional Budget Office (CBO) and the Board of Estimates (established by this Act). Requires the making of sequestration preview reports, sequestration update reports, within-session sequestration reports, and low-growth reports by CBO and OMB. Establishes the administrative procedures relative to such reports. Establishes a Board of Estimates to choose the applicable report from OMB or CBO to submit to the President. Establishes a deposit fund in the Treasury a Stabilization Reserve Fund to accumulate balances during years of comparative prosperity, which may later be used to cover the loss of receipts and the increase in outlays that occur during comparative economic distress. Requires annual surpluses to be paid into the Fund. Requires starting with FY 1997 that an additional $2 bilion be paid to the Fund. Prohibits Fund balances from receiving interest. Requires the enactment of a law to transfer balances to the General Fund of the Treasury. Establishes congressional procedures in the event of a low-growth report or a declaration of war. Provides judicial review procedures for provisions of this title. Title II: Technical and Conforming Amendments - Makes technical and conforming amendments to the Congressional Budget and Impoundment Control Act of 1974, the Rules of the House of Representatives, the Standing Rules of the Senate, and specified other laws.
Bill· HRH.R. 5263 (102nd)open
United States · United States Congress · 26 May 1992
Directs the Secretary of Veterans Affairs, through September 30, 1995, to carry out at three to seven health-care facilities of the Department of Veterans Affairs a demonstration project to test the capability of the Department to provide cost-effective health care to persons who: (1) are eligible for health care under both title XVIII (Medicare) of the Social Security Act and a health-care program of either the Department or the Department of Defense (DOD); and (2) are generally not able to gain access for needed Department or DOD health care due to the relatively low priority of treatment of non-service connected diseases or disabilities. Requires as part of the criteria in the selection of participating facilities that each facility be in the same geographic region as a DOD medical facility scheduled for closure pursuant to the base closure laws. Directs the Secretary, in carrying out the project, to consult with veterans' organizations and the Senate and House Veterans' Affairs Committees (veterans' committees). Deems any medical facility chosen for participation under this Act to be a Medicare participating provider entitled to reimbursement under Medicare for covered hospital care or medical services provided. States that: (1) a person receiving care under the project shall not be liable for the payment of any coinsurance or deductible under Medicare with respect to the care and services provided; and (2) the Secretary may waive in whole or in part any financial liability a veteran would otherwise incur for participation in the project. Directs the Secretary, in consultation with the Secretary of Health and Human Services, to establish mechanisms to evaluate the impact and cost-effectiveness of the project and the satisfaction of the patients served. Directs: (1) the Secretary to report to the veterans' committees; and (2) both Secretaries to report jointly to the Congress the findings of the evaluation.
Bill· SS. 2792 (102nd)open
United States · United States Congress · 21 May 1992
Amends the Juvenile Justice and Delinquency Prevention Act of 1974 (the Act) to revise provisions with respect to the operation of the Office of Juvenile Justice and Delinquency Prevention. Establishes a direct reporting relationship between the Administrator of the Office and the Attorney General. Makes the Administrator directly responsible to the Attorney General. Bars the Attorney General from delegating specified powers, duties, or functions. Repeals a provision directing the Administrator, in carrying out his functions, to consult with the Coordinating Council on Juvenile Justice and Delinquency Prevention. Directs the Administrator to: (1) assist Federal agencies that have direct responsibilities for the prevention and treatment of juvenile delinquency in the development and promulgation of regulations, guidelines, requirements, criteria, standards, procedures, and budget requests in accordance with the policies, priorities, and objectives that the Commission establishes; (2) conduct and support evaluations and studies of the performance and results achieved by Federal juvenile delinquency programs and activities and of the prospective performance and results that might be achieved by alternative programs and activities supplementary to or in place of those currently being administered; and (3) develop for each fiscal year, and publish annually in the Federal Register for public comment, a proposed comprehensive plan describing the particular activities that the Commission intends to carry out. Authorizes the Administrator to: (1) request a Federal department or agency that engages in activity involving any Federal juvenile delinquency prevention program to provide the Administrator with programmatic and other information, and the head of such department or agency to comply with such request; and (2) make grants and enter into contracts with public or private nonprofit agencies, organizations, institutions, and natural persons to carry out the Act. Directs the Administrator to review: (1) the programs and practices of Federal agencies and report to the President and the Congress on the degree to which Federal agency funds are used for purposes that are either consistent or inconsistent with provisions of the Act; and (2) the reasons why Federal agencies take juveniles into custody and make recommendations regarding how to improve Federal practices and facilities for holding juveniles in custody. Revises reporting requirements to cover specified activities, including a description of exemplary delinquency programs for which assistance is provided under the Act, with particular attention to community-based alternatives to juvenile incarceration that involve and assist families of juveniles. Authorizes the Administrator to make grants for State and local programs with public and private nonprofit agencies for the development of more effective programs of juvenile justice and delinquency prevention and treatment (currently, with public and private agencies for the development of more effective education, training, research, prevention, diversion, treatment, and rehabilitation programs in the area of juvenile delinquency and programs to improve the juvenile justice system (system)). Increases allocations for State formula grants. Revises provisions with respect to the composition and functions of the advisory group required under each State plan. Specifies that such advisory group shall consist of not more than 30 members: (1) who have training, experience, or special knowledge concerning the prevention and treatment of juvenile delinquency or the administration of juvenile justice; (2) including at least one locally elected official representing general purpose local government, representatives of law enforcement and juvenile agencies, public agencies concerned with delinquency prevention or treatment, private nonprofit organizations, volunteers who work with delinquents or potential delinquents, youth workers involved with programs that are alternatives to incarceration, persons with special experience and competence in addressing problems related to school violence, vandalism, and alternatives to suspension and expulsion, and in addressing problems related to learning disabilities, emotional difficulties, child abuse and neglect, and youth violence; (3) a majority of whom (including the chairperson) shall not be full-time employees of the Federal, State, or local government; (4) at least one-fifth of whom shall be under age 24 at the time of appointment; and (5) at least three of whom have been under the jurisdiction of the system at some time. Sets forth additional requirements with respect to such advisory group. Earmarks funds for programs and services such as: (1) community-based alternatives to incarceration and institutionalization, including specified programs and services for youth who can remain at home with assistance, need temporary placement, and need residential placement; (2) community-based programs and services to work with parents and other family members to strengthen families, including parent self-help groups, so that juveniles may be retained in their homes; (3) comprehensive juvenile justice and delinquency programs that meet the needs of youth through the collaboration of the many local systems before which a youth may appear, including schools, courts, and specified agencies and services; (4) educational programs or supportive services for delinquent or other youth, provided equitably regardless of sex, race, or family income, designed to encourage them to remain in school; (5) expanded use of home probation; (6) programs and projects designed to provide for the treatment of youths' dependence on or abuse of alcohol or other drugs; (7) law-related education programs and projects for delinquent and at-risk youth; and (8) programs for positive youth development that assist delinquent and other at-risk youth in obtaining a sense of safety and structure, of belonging, of self-worth, of independence and control over one's life, of closeness in interpersonal relationships, and of competence. Extends through 1997 (currently, 1993) the requirement that the Administrator promulgate regulations which make exceptions to a prohibition against the detention or confinement of juveniles in any jail or lockup for adults with respect to the detention of juveniles accused of non-status offenses who are awaiting an initial court appearance pursuant to an enforceable State law requiring such appearances within 24 hours after being taken into custody, subject to specified limitations. Requires State plans to provide assurance that youth in the system are treated equitably on the bais of gender, race, family income, and mentally, emotionally, or physically handicapping conditions. Provides for the reduction of funds by 25 percent for each paragraph with respect to which noncompliance with requirements of the Act occurs. Revises provisions with regard to ineligibility of such States to receive allotments. Includes among the purposes of the National Institute for Juvenile Justice and Delinquency Prevention to provide appropriate training for prosecutors and defense attorneys. Authorizes the Administrator to provide such training. Directs the Comptroller General, not later than one year after the date of enactment of this Act, to conduct studies with respect to: (1) juveniles waived to adult court; (2) admissions of juveniles for behavior disorders to private psychiatric hospitals and to other residential and nonresidential programs that serve such juveniles; (3) gender bias within State juvenile justice systems; (4) the Native American pass-through grant program that reviews the cost-effectiveness of the funding formula utilized; and (5) access to counsel in juvenile court proceedings. Sets forth reporting requirements. Requires the Administrator to provide for the establishment or support of programs and services that encourage the improvement of due process available to juveniles in the system and the quality of legal representation for such juveniles. Specifies that the competitive process regarding consideration of grant applications shall not be required if the Administrator makes a written determination that apply to programs to be carried out in areas with respect to which the President declares under the Robert T. Stafford Disaster Relief and Emergency Assistance Act that a major disaster or emergency exists (but repeals other exceptions, and reporting requirements related to such exceptions, to the competitive process). Directs the Administrator to establish and support programs and activities that involve families and communities in: (1) the prevention of youth gangs through programs that are designed to: target elementary school students, with the purpose of steering students away from gang involvement; provide individual and family crisis intervention and counseling to students and their families who are particularly at risk of gang involvement; develop and support community education about gangs and gang activity with the intent of involving the community in dealing with the problems associated with gangs; and include a special location within a school or housing project for program activities; and (2) crisis intervention and rehabilitation of youth gangs. Authorizes appropriations. Authorizes the Administrator to make grants, in the amount of ten percent of the amount of the State allocation, for challenge activities in which the State participates in such activities. Defines "challenge activity" as a program maintained for one of specified purposes, such as: (1) developing and adopting policies and programs to provide: basic health and appropriate education services for youth in the system as specified in standards developed by the National Advisory Committee for Juvenile Justice and Delinquency Prevention prior to October 12, 1984; access to counsel for all juveniles in the justice system to ensure that juveniles consult with counsel before waiving the right to counsel; and secure settings for the placement of violent juvenile offenders with capacities of no more than 50 youth with ratios of staff to youth great enough to ensure adequate supervision and treatment; (2) increasing community-based alternatives to incarceration by establishing programs and developing and adopting objective criteria for the appropriate placement of juveniles in detention and secure confinement; (3) developing and adopting policies to prohibit gender bias in placement and treatment, and establishing programs to ensure that female youth have access to the full range of health services, treatment for physical or sexual assault and abuse, education in parenting, education in general, and other training and vocational services; (4) establishing and operating a State ombudsman office for children, youth, and families to investigate and resolve complaints relating to action, inaction, or decisions of providers of out-of-home care to children and youth that may adversely affect the health, safety, welfare, or rights of resident children and youth; (5) developing and adopting policies and programs designed to remove, where appropriate, status offenders from the jurisdiction of the juvenile court; (6) developing and adopting policies and programs designed to serve as alternatives to suspension and expulsion from school; (7) increasing aftercare services for juveniles involved in the justice system; and (8) developing and adopting policies to establish a State administrative structure to coordinate program and fiscal policies for children who have emotional and behavioral problems and their families among the major child serving systems and a statewide case review system which meets specified requirements. Revises findings with respect to runaway and homeless youth. Specifies that runaway and homeless youth centers funded by grants under the Act shall serve as alternatives to the law enforcement, child welfare, mental health, and juvenile justice systems. Provides for increases in the allocation to a State or territory under such provisions. Repeals a provision authorizing the Secretary of Health and Human Services (HHS) to provide on-the-job training to local runaway and homeless youth center and other personnel in recognizing and providing for learning disabled and other handicapped juveniles. Modifies eligibility requirements with respect to such grants. Includes among such requirements that an applicant propose to establish, strengthen, or fund a locally controlled project (currently, facility) providing temporary shelter. Requires that, to qualify for such assistance, the applicant submit a plan to the Secretary including assurances that the applicant shall: (1) develop an adequate plan for assuring proper relations with health and mental health care personnel; and (2) keep adequate statistical records profiling the family members which it serves, including youth who are not referred to out-of-home shelter services. Authorizes appropriations for grants for a national communication system to assist runaway and homeless youth in communicating with their families and with service providers. Gives priority to grants smaller than $250,000 (currently, $150,000) for runaway and homeless youth centers. Requires applicants, to be eligible for transitional living grant assistance, to submit to the Secretary a plan in which such applicant agrees, as part of such project: (1) to provide services including training in money management, budgeting, consumer education, and use of credit to homeless youth; and (2) not to disclose records maintained on individual homeless youth without the consent of the individual youth (currently, and parent or legal guardian) to anyone other than an agency compiling statistical records or a government agency involved in the disposition of criminal charges against youth. Repeals provisions with respect to grants for technical assistance and training, authority to make grants to research, demonstration, and service projects, and coordination with the activities of health agencies in the Department of HHS. Authorizes the Secretary to make grants and provide technical assistance to public and nonprofit private entities (and combinations of such entities) to establish and operate street-based services to runaway, homeless, and other street youth. Requires an applicant, to be eligible for such assistance, to propose to establish, strengthen, or fund a street-based services project and submit to the Secretary a plan in which the applicant agrees, as part of the project, to: (1) identify and frequent areas in which such youth congregate, making contact and forming relationships with such youth; (2) assess the problems and service needs of such youth and provide appropriate services or information and referral for these services; (3) cause its staff to work in teams with on-street supervision or backup and off-street clinical supervision, develop referral relationships with agencies and organizations, and help integrate and coordinate such services for youth; (4) submit to the Secretary an annual report and an annual budget; (5) implement such accounting procedures and fiscal control devices as the Secretary may require; (6) keep adequate statistical records profiling the youth that it serves and not disclose the identity of individual street youth in documents based on such records; (7) not disclose records maintained on street youth without the consent of the individual youth to anyone; and (8) provide to the Secretary such other information as the Secretary may reasonably require. Directs the Secretary to: (1) give priority in selecting eligible applicants to entities that have experience in providing direct services to street youth; and (2) make grants to State, regional, and other nonprofit organizations (and combinations of such organizations) to provide technical assistance and training to eligible groups for the purpose of establishing and improving the operation of programs for street youth. Authorizes the Secretary to make grants to States, localities, and private entities (and combinations of such entities) to carry out research, demonstration, and service projects designed to increase knowledge concerning, and to improve services for, street youth. Requires the Secretary to give priority to applicants that have knowledge of or experience in working with runaway and homeless youth, and special consideration to proposed projects meeting specified criteria. Directs the Secretary, with respect to matters relating to health, education, employment, and housing, to coordinate the activities of health agencies in the Department of HHS with those of other divisions of that department and other public and private entities, and encourage coordination with other departments. Sets forth additional reporting requirements. Authorizes appropriations. Sets forth priorities in the use of appropriated funds. Authorizes appropriations for grants relating to locating missing children. Creates a new title V of the Act, which may be cited as the Incentive Grants for Local Delinquency Prevention Programs Act. Sets forth provisions regarding the duties and functions of the Commission. Authorizes the Commission to make grants to a State for delinquency prevention programs and activities for youth who have had, or who are likely to have, contact with the system, including the provision to children, youth, and families of recreation services, tutoring and remedial education, assistance in the development of work awareness skills, child and adolescent health and mental health services, alcohol and substance abuse prevention services, and leadership development activities. Sets forth requirements with respect to: (1) eligibility requirements; (2) priorities in considering grant applications; (3) innovative ways to involve the private nonprofit and business sector in delinquency prevention activities; and (4) developing or enhancing a statewide subsidy program to local governments that is dedicated to early intervention and delinquency prevention. Authorizes appropriations. Directs the General Accounting Office, after such program has been funded for two years, to prepare and submit to the Congress a study of the effects of the program in encouraging States and units of general local government to comply with requirements of the Act. Creates a new title VI of the Act, which may be cited as the Justice System Enhancement for Abused and Neglected Children Act. Directs the Administrator, subject to specified limitations, to: (1) issue such rules as are necessary or appropriate to carry out such title; (2) make such arrangements as necessary and appropriate to facilitate coordination and policy development among all civil and criminal justice system improvement activities funded through the Department of Justice, as well as with other Federal agencies (including the Inter-Agency Task Force on Child Abuse and Neglect), relating to abused and neglected children (including the preparation of an annual comprehensive plan for facilitating such coordination and policy development); and (3) provide adequate staff and agency resources necessary to properly carry out responsibilities pursuant to such title. Authorizes the Administrator to make grants to and enter into contracts with public agencies or privte nonprofit organizations (or combinations thereof) for research or demonstration and system improvement projects designed to: (1) identify effective approaches to the handling of child abuse and neglect cases in the criminal and civil justice systems so that such approaches can serve as models to other jurisdictions; (2) research issues concerning the legal system's reponse as a whole to child abuse and neglect; (3) improve the response of the criminal and civil justice systems to the special needs and sensitivities of children who have been abused or neglected; and (4) enhance coordination between the civil and criminal justice systems in child abuse and neglect cases (as well as coordination between these systems and the social services, mental health, health, and education systems that are also involved) and the availability of, and access to, child abuse and neglect prevention and treatment services for child victims, their family members, and the perpetrators. Directs the Assistant Attorney General, in considering grant applications, to give priority to applicants that demonstrate ability in: (1) conducting research and disseminating findings with respect to civil and criminal justice system cases involving child abuse, child neglect, or child maltreatment-related fatalities; (2) developing model approaches for responding to such cases; and (3) coordinating responses to such cases. Requires the Administrator, in considering grant and contract applications under such title, to endeavor to ensure that cases of child abuse and neglect in family settings, in the community, and within residential institutions are all given an adequate focus. Authorizes the Administrator to make grants and enter into contracts with public agencies or private nonprofit organizations (or combinations thereof) for training, technical assistance, and service programs designed to educate prosecutors and defense attorneys in the criminal justice system, judges in the civil and criminal justice systems, and practitioners in the civil justice system about the experiences of children who are abused or neglected and their families and improve skills and responses in handling child abuse and neglect cases. Sets forth priorities in considering applications for such grants. Directs the Administrator to establish annual priorities for making grants and contracts for research or demonstration and system improvement projects and criteria based on merit for making such grants and contracts, and to publish in the Federal Register for public comment a statement of such proposed priorities and criteria before establishing such priorities and criteria. Authorizes appropriations.
Bill· SS. 2788 (102nd)open
United States · United States Congress · 21 May 1992
National Marine Sanctuaries Program Amendments Act of 1992 - Amends the Marine Protection, Research, and Sanctuaries Act of 1972 to include the cost of long-term monitoring in the definition of "damages." Requires, in order to designate an area as a sanctuary, a determination that existing State and Federal authorities should be supplemented (currently, that such authorities are inadequate) to ensure coordinated and comprehensive conservation and management. Requires, when determining whether to designate an area, consideration of: (1) governmental as well as commercial or recreational resource uses; and (2) past, present, or proposed future disposal of materials in the area, including hazardous substances, hazardous wastes, or radioactive wastes. Modifies procedures for: (1) proposing designation of an area as a sanctuary; and (2) the taking effect of a designation. Makes Federal agency actions internal or external to a national marine sanctuary that are likely to injure any sanctuary resource or quality subject to review by and consultation with the Secretary. Mandates review of sanctuary management plans at least every five years. Requires title III (Marine Sanctuaries) of the Act and regulations under certain provisions of that title (currently, requires those regulations) to be applied in accordance with international law, treaties, and conventions to which the United States is a party. Includes the U.S. territorial sea and the U.S. Exclusive Economic Zone in the application of the Act and its regulations and permits. Mandates cooperation with other governments and international organizations in furtherance of the title. Replaces provisions mandating research and education programs with provisions making it unlawful to violate the Act or to refuse or interfere with searches or inspections. Increases the dollar limit on fines for violations. Declares that: (1) a civil penalty constitutes a maritime lien on the vessel used in the violation of the title and allows in rem recovery; and (2) the proceeds from forfeiture of a vessel or its equipment, stores, or cargo constitute a separate recovery in addition to any civil penalty. Allows penalties and forfeitures to be used for enforcement costs and the costs of any liens or mortgages against forfeited property. Replaces provisions mandating the promotion and coordination of research with provisions directing the Secretary of Commerce to: (1) conduct research, monitoring, evaluation, and education to carry out the title; and (2) promote and coordinate research, monitoring, and education. Replaces provisions mandating cooperative agreements with provisions authorizing cooperative agreements, grants, contracts, or other agreements to carry out the title. Authorizes solicitation and acceptance of donations to carry out the title. Declares that nothing in a specified Federal law relating to the liability of a vessel owner shall limit liability under this Act. Allows the defense (to liability for harm to a sanctuary resource) that the activity was specifically authorized by Federal or State law only if the activity was conducted in compliance with the terms of any required permit or license. Removes provisions allowing the defense to such liability that the harm was negligible. Requires recovery, with interest, of administrative costs and expenses in connection with damage assessment and restoration planning, any restoration, replacement, or acquisition, and actions to recover damages. Removes provisions regulating the use of civil penalties. Requires amounts recovered with respect to sanctuary resources under State jurisdiction to be used in accordance with the court decree or settlement agreement as well as with an agreement entered into by the Secretary and the Governor of that State, provided the agreement involving the Governor is entered into by a certain period after recovery of the amounts. Authorizes appropriations to carry out the title. Authorizes establishment of advisory councils with regard to the designation or management of one or more national marine sanctuaries.
Bill· SS. 2790 (102nd)referred
United States · United States Congress · 21 May 1992
Authorizes the Attorney General, through the Administrator of the Office of Juvenile Justice and Delinquency Prevention, to make grants to appropriate State agencies for the purpose of establishing up to ten military-style boot camps for juvenile delinquents. Specifies that such camps shall be located on existing or closed military installations on sites to be chosen by the agencies in one or more States, or in other facilities designated by the agencies on such sites. Directs the Administrator to: (1) try to achieve equitable geographic distribution in approving camp sites; and (2) give priority to grants where more than one State enters into formal cooperative arrangements to jointly administer a camp. Specifies that such camps shall: (1) provide a highly regimented schedule of strict discipline, physical training, work, drill, and ceremony characteristic of military basic training, and remedial and vocational education and treatment for substance abuse (where appropriate); and (2) be designed to accommodate between 200 and 300 juveniles for such time as the agency deems appropriate. Makes a person eligible for assignment to a camp if he or she: (1) is considered to be a juvenile under the laws of the State of jurisdiction; and (2) has been adjudicated delinquent in such State or, upon court approval, voluntarily agrees to the assignment in lieu of an adjudication of delinquency. Specifies that, to the maximum extent possible, camps shall be operated and maintained by active or reserve military personnel, under the supervision of the agency. Requires a State that seeks to establish, or participate in the joint administration of, a camp to submit to the Administrator a plan setting forth the provisions that the State will make for the continued supervision of juveniles following release, and for educational and vocational training, drug or other counseling and treatment (where appropriate), and other support services. Authorizes appropriations. Authorizes the Attorney General to make grants to State and local law enforcement agencies to combat drug-related and other violent crimes, subject to specified limitations. Provides for the allocation of funds. Authorizes appropriations. Expresses the sense of the Congress that there should be appropriated for FY 1993 specified additional funds for carrying out the Head Start Act and the Follow Through Act. Bars the United States from obligating any funds for the superconducting super collider project until funds have been appropriated as specified in this Act, subject to specified requirements.
Bill· SS. 2770 (102nd)referred
United States · United States Congress · 21 May 1992
National Marine Sanctuaries Program Amendments of 1992 - Amends the Marine Protection, Research, and Sanctuaries Act of 1972 to include the cost of long-term monitoring in the definition of "damages." Requires, in order to designate an area as a sanctuary, a determination that existing State and Federal authorities should be supplemented (currently, that such authorities are inadequate) to ensure coordinated and comprehensive conservation and management. Modifies procedures for: (1) proposing designation of an area as a sanctuary; and (2) the taking effect of a designation. Requires title III (Marine Sanctuaries) of the Act and regulations under certain provisions of that title (currently, requires those regulations) to be applied in accordance with international law, treaties, and conventions to which the United States is a party. Includes the U.S. territorial sea and the U.S. Exclusive Economic Zone in the application of the Act and its regulations and permits. Replaces provisions mandating research and education programs with provisions making it unlawful to violate the Act or to refuse or interfere with searches or inspections. Increases the dollar limit on fines for violations. Declares that: (1) a civil penalty constitutes a maritime lien on the vessel used in the violation of the title and allows in rem recovery; and (2) the proceeds from forfeiture of a vessel or its equipment, stores, or cargo constitute a separate recovery in addition to any civil penalty. Allows penalties and forfeitures to be used for enforcement costs and the costs of any liens or mortgages against forfeited property. Replaces provisions mandating the promotion and coordination of research with provisions directing the Secretary of Commerce to: (1) conduct research, monitoring, evaluation, and education to carry out the title; and (2) promote and coordinate research, monitoring, and education. Replaces provisions mandating cooperative agreements with provisions authorizing cooperative agreements, grants, contracts, or other agreements to carry out the title. Authorizes solicitation and acceptance of donations to carry out the title. Declares that nothing in a specified Federal law relating to the liability of a vessel owner shall limit liability under this Act. Allows the defense (to liability for harm to a sanctuary resource) that the activity was specifically authorized by Federal or State law only if the activity was conducted in compliance with the terms of any required permit or license. Requires recovery, with interest, of administrative costs and expenses in connection with damage assessment and restoration planning, any restoration, replacement, or acquisition, and actions to recover damages. Requires amounts recovered with respect to sanctuary resources under State jurisdiction to be used in accordance with the court decree or settlement agreement as well as with an agreement entered into by the Secretary and the Governor of that State, provided the agreement involving the Governor is entered into by a certain period after recovery of the amounts. Requires any amounts remaining after disposition under certain provisions to be deposited in the General Fund of the Treasury. Authorizes appropriations to carry out the title. Authorizes establishment of advisory councils with regard to the designation or management of one or more national marine sanctuaries. Requires protection and management of any historical resource located in a sanctuary consistent with the title. Makes any shipwreck abandoned or otherwise in a national marine sanctuary subject to the Secretary's authority to protect and manage the sanctuary and its resources.
Bill· SS. 2779 (102nd)referred
United States · United States Congress · 21 May 1992
Requires a regular enlisted member of the armed forces who is selected for involuntary separation, or whose enlistment expires with denial of reenlistment, and who on the date of discharge is within two years of qualifying for retirement from the armed forces or transfer to the Reserve, to be retained on active duty until qualified for such retirement or transfer. Provides similar provisions requiring retention of enlisted members serving on active duty who have been credited with at least 18 but less than 20 years of service computed for retirement purposes, providing alternate periods of retention for such members in order for them to qualify for retirement under applicable Federal provisions.
Law· SJRESS.J.Res. 309 (102nd)enacted
United States · United States Congress · 21 May 1992
Designates the week beginning November 8, 1992, as National Women Veterans Recognition Week.
Bill· HRH.R. 5235 (102nd)referred
United States · United States Congress · 21 May 1992
Defense Diversification Act of 1992 - Title I: Guarantees for Defense-Dependent Small Businesses - Amends the Small Business Act to authorize the Small Business Administration to guarantee loans to assist small business concerns that are defense-dependent contractors in the financing of projects to: (1) convert defense-related productive facilities or equipment of such concerns to nondefense-related use; (2) diversify the operations of such concerns toward greater emphasis upon the civilian sector of the economy; or (3) retrain employees as part of the conversion and diversification process. Directs the Secretary of the Treasury to establish a loan guarantee program to assist defense facilities holding major defense contracts or subcontracts in financing the same type of projects. Sets forth requirements for loan guarantees and limitations on guarantee authority. Title II: Tax Incentives to Assist in Defense Industry Diversification - Amends the Internal Revenue Code to establish a special depreciation deduction for nondefense-related equipment placed in service after December 31, 1992, and before January 1, 1996, by defense contractors. Allows such deduction, with limitations, against the alternative minimum tax. Allows the investment tax credit to rehabilitate buildings used for defense-related purposes, including post-1936 buildings, into buildings to be used for non-defense related purposes during the period after December 31, 1992, and before January 1, 1996. Extends the exclusion from gross income for employer-provided educational assistance from June 30, 1992, until December 31, 1995. Allows defense contractors that diversify into nondefense-related businesses an itemized deduction for each eligible individual who begins work for the contractor after June 30, 1992, and before January 1, 1996. Sets forth the amounts of such deduction for a three-year period and other special rules. Allows such deduction, with limitations, against the alternative minimum tax. Allows an alternative five-percent research credit for expenses of defense contractors that increase nondefense related research. Title III: Grants to States to Provide Technical and Financial Assistance to Defense-Dependent Contractors - Authorizes appropriations to carry out this title. Sets forth requirements for the allocation of grants to States under this title and State application requirements. Directs a State to certify to the Secretary of Defense that it will: (1) provide an amount equal to one dollar for every ten dollars of Federal funds to provide technical and financial assistance to defense-dependent contractors; (2) maintain its aggregate expenditures from all other sources for programs which provide such assistance at or above the average level of such expenditures in the two fiscal years preceding the enactment of this Act; (3) require contractors receiving assistance to provide funds in an amount equal to one dollar for every dollar of funds provided under the program; and (4) report to the Secretary on the use of the grant. Provides that States will allocate grant funds for assistance to defense-dependent contractors as follows: (1) 40 percent for making quality and productivity improvements and expanding markets; and (2) 60 percent for undertaking human resource development initiatives essential for defense diversification, industrial modernization, and the fulfillment of improved competitiveness strategies.
Bill· HRH.R. 5230 (102nd)open
United States · United States Congress · 21 May 1992
American Technology and Competitiveness Act - Title I: General Provisions - Sets forth the purposes and goals of this Act. Title II: Manufacturing - Manufacturing Technology and Extension Act of 1992 - Amends the Stevenson-Wydler Technology Innovation Act of 1980 to designate the Department of Commerce as the lead civilian Federal agency to work with U.S. industry, State and local governments, and private entities to enhance U.S. manufacturing capabilities. Establishes the Nationwide Network of Manufacturing Outreach Centers to assist U.S. manufacturers, especially small and medium-sized firms, to expand the use of technology and modern manufacturing processes. Provides for a related communications infrastructure and information clearinghouse. Authorizes appropriations. Establishes the Advanced Manufacturing Systems and Networking Projects program to create technology development programs to create advanced computer-integrated, electronically-networked manufacturing technologies and associated applications. Authorizes appropriations. Requires the Director of the National Science Foundation (NSF) to expand the Engineering Research Centers program with emphasis on advanced manufacturing. Authorizes the establishment of up to five new Centers for such purpose. Authorizes appropriations. Title III: Critical Technologies - Subtitle A: Miscellaneous - Requires the Secretary of Commerce (Secretary) to report annually to the appropriate congressional committees regarding any executive branch international trade negotiations which might affect Federal research and development programs. Subtitle B: Council on Technology and Competitiveness - Establishes within the Executive Office of the President a Council on Technology and Competitiveness. Authorizes appropriations. Subtitle C: Advanced Technology Program - Directs the Secretary to submit to the Congress an expansion plan for the Advanced Technology program. Requires the establishment of at least two new critical technologies consortia. Authorizes appropriations. Subtitle D: Technology Commercialization Loans - Authorizes the Secretary to make technology commercialization loans. Authorizes appropriations. Subtitle E: Critical Technologies Development-Part I: General Provisions - Critical Technologies Development Act of 1992 - Directs the Under Secretary of Commerce for Technology (Under Secretary) to establish a critical technologies development advisory committee. Part II: Program Structure and Operation - Establishes a program of financing qualified business concerns through federally assisted licensees. Part III: Enforcement - Provides for licensee enforcement. Part IV: Miscellaneous - Authorizes the Under Secretary to issue and guarantee trust certificates for licensee preferred securities. Authorizes appropriations. Title IV: International Standardization - Amends the American Technology Preeminence Act of 1991 to expand the standards pilot program to promote the dissemination of U.S. technical standards abroad. Authorizes appropriations. Directs the Secretary to report to the Congress with regard to the appropriate Federal role in developing and promulgating domestic and global product and quality standards. Title V: Miscellaneous Provisions - Authorizes appropriations for: (1) the Office of the Under Secretary; (2) technology policy; (3) Japanese technical literature; (4) National Technical Information Service modernization, including a facilities study; and (5) specified activities within the National Institute of Standards and Technology. Prohibits the fraudulent use of "Made in America" labels. Provides for compliance with the Buy American Act. Prohibits the making of a Malcolm Baldrige National Quality Award within a category or subcategory if there are no qualifying enterprises in that category or subcategory. Title VI: Competitiveness Research, Data Collection, and Evaluation - Directs the Secretary to conduct a competitiveness research program. Authorizes appropriations. Title VII: Education and Workforce Training - Subtitle A: American Industrial Quality and Training - American Industrial Quality and Training Act of 1992 - Authorizes the Secretary to make grants for workforce quality training partnerships. Authorizes appropriations. Authorizes the Secretary of Labor to make grants for youth technical apprenticeship programs. Directs such Secretary to establish a program information clearinghouse. Authorizes appropriations. Authorizes the Secretary of Education to make grants for statewide systems of technical training. Authorizes appropriations. Requires reports on U.S. industry worker training and on the applicability of total quality management to education. Authorizes appropriations. Subtitle B: Scientific and Technical Education - Scientific and Technical Education Act of 1992 - Requires NSF to: (1) carry out a program to assist associate-degree-granting colleges to provide education in advanced technology fields, with emphasis on the needs of nontraditional students; (2) establish up to ten scientific and technical education centers of excellence; (3) make grants to eligible college partnerships to assist associate students in mathematics, science, engineering, or technology make the transition to bachelor-degree-granting institutions; and (4) make grants to strengthen the relationships between associate-degree-colleges and secondary schools. Authorizes appropriations. Authorizes NSF to make grants for technology education teacher training. Authorizes appropriations. Subtitle C: Miscellaneous - Amends the Stevenson-Wydler Technology Innovation Act of 1980 to require the Secretary to report to the Congress on establishment of a Malcolm Baldrige National Quality Award for educational institutions. Directs the Secretary to establish in the Technology Administration the American Industrial Quality Foundation to further U.S. industrial competitiveness in the international marketplace. Authorizes appropriations. Amends the Academic Research Facilities Modernization Act of 1988 to authorize appropriations for the Academic Research Facilities Modernization program. Directs the Secretaries of Agriculture, of Defense, and of Energy, the Administrator of the National Aeronautics and Space Administration (NASA) and the Director of the National Institutes of Aeronautics and Space Health to each establish academic research facilities awards programs. Authorizes appropriations. Authorizes NASA, NSF, and the Department of Energy to establish a joint awards program in support of science and technology instructional equipment and facilities. Authorizes appropriations. Amends the National Science Foundation Act of 1950 to authorize NSF to foster the development of high performance computing. Amends the Excellence in Mathematics, Science, and Engineering Act of 1990 to authorize appropriations for grants to educational agencies for systematic reform of mathematics and science education. Title VIII: Tax and Investment Incentives - Investment Incentives Act of 1992 - Subtitle A: Tax and Investment Incentives - Part I: Research and Experimentation Tax Credit Made Permanent - Amends the Internal Revenue Service Code to make the research tax credit permanent. Part II: Capital Gain Provisions - Provides for: (1) the indexing of certain assets acquired on or after February 1, 1992, for purposes of determining gain; and (2) a 50 percent exclusion for gain of individuals from certain small business stock. Part III: Temporary Investment Incentives - Provides for: (1) a temporary expensing increase for small businesses; and (2) a special depreciation allowance for certain equipment acquired in 1992. Subtitle B: Revenue Provisions - Makes the high-income personal exemption phaseout permanent. Disallows the deduction for: (1) certain employee remuneration in excess of $1 million; and (2) club membership dues. Requires specified identifying information with regard to certain seller-provided financing. Extends temporarily the overall limitation on high-income taxpayer itemized deductions. Sets forth a mark-to-market accounting method for securities dealers. Increases the base tax rate on ozone-depleting chemicals. Title IX: National Security Reinvestment - Subtitle A: Advanced Manufacturing Equipment Leasing Corporations - Provides for the establishment of a pilot Advanced Manufacturing Equipment Leasing Corporation which shall: (1) expand the commercial market for advanced manufacturing equipment produced by eligible Department of Defense (DOD) contractors; and (2) provide such equipment through lease or sale to small and medium commercial businesses at less than market rates. Authorizes appropriations. Subtitle B: Science and Mathematics Educational Reinstatement - Directs NSF to establish and administer a fellowship program for teaching certification in science and mathematics for qualifying displaced or retiring military and defense support personnel. Funds the program through DOD. Authorizes appropriations. Subtitle C: National Security Retraining Fellowships - Directs NSF to establish and administer a fellowship program for retraining qualifying displaced or nonretiring military and defense support personnel with specialized defense-related expertise in science or engineering. Funds the program through DOD. Provides for the establishment of a related Engineer Reinvestment Panel. Authorizes appropriations. Subtitle D: Multiprogram Laboratory Conversion - Requires that within five years of enactment of this Act, ten percent of all Federal funding for research and development at (the Department of Energy) multiprogram laboratories shall be used for joint projects with private industry, including specified priority projects. Subtitle E: Research and Development Spending - Expresses the sense of the Congress that: (1) any budget reductions in DOD research and development should be balanced by equal increases in civilian research and development spending; and (2) defense and civilian research and development spending should be made approximately equal as soon as practicable. Subtitle F: Manufacturing Extension and Critical Technologies - Authorizes DOD appropriations for: (1) manufacturing extension programs; and (2) critical technology application centers.
Bill· HRH.R. 5229 (102nd)open
United States · United States Congress · 21 May 1992
Fundamental Competitiveness Act of 1992 - Title I: Public Debt Reduction - Allows individual taxpayers to designate a portion of tax liability (not to exceed ten percent) on their tax returns to reduce the public debt. Establishes the Public Debt Reduction Trust Fund consisting of amounts so designated. Amends the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) to provide for a sequestration of revenues equivalent to the estimated aggregate amount so designated. Specifies accounts exempted from such sequestration and establishes reporting requirements with respect to budget procedures. Title II: Capital Formation - Establishes a method of computing the credit for increasing research activities based on aggregate research expenses, as an alternative to the method based on qualified research expenses. Establishes a variable capital gains deduction whose formulas on a sliding scale range from ten percent for assets held for one year up to 100 percent for assets held for ten years. Allows a deduction of 50 percent of the capital gain from stock investments by non-corporate taxpayers in start-up companies where initial stock offerings are held for two years. Requires indexing, based on the gross national product deflator, of the adjusted basis of certain assets (corporate stock and tangle property that is a capital asset of property used in a trade or business) that have been held for more than one year at the time of sale or other disposition, solely for the purpose of determining gain or loss. Permits an income tax deduction in the amount of dividends paid by domestic corporations, except S corporations, regulated investment companies, real estate investment trusts, and personal holding companies. Repeals the income tax deductions currently permitted in connection with: (1) dividends received by a corporation; (2) dividends received by a corporation on the preferred stock of a public utility; and (3) dividends paid by a public utility on its preferred stock. Increases the deductible percentage of amounts received by a corporation from a qualified ten-percent owned foreign corporation. Allows a charitable deduction for corporate contributions of employee volunteer services to an educational organization. Establishes an investment tax credit for manufacturing and other productive equipment. Provides for determining the applicable percentage of such credit, which includes an efficiency improvement percentage. Increases the limitation based on the amount of tax for purposes of the general business credit. Provides for the treatment of losses on stock in manufacturing companies as ordinary (as opposed to capital) losses. Allows a partial exclusion of dividends or interest received by an individual. Provides for ordinary-loss treatment for losses on investments in a qualified startup company. Describes such company as one which: (1) manufacture tangible personal property in the United States; (2) does not involve a business acquired from another person; and (3) has not been in existence for more than one taxable year at the time it issued stock. Title III: Antitrust - Amends the Clayton Act to bar the acquisition by one corporation of stock of another, subject to specified conditions, where there is a significant probability that such acquisition will substantially increase the ability to exercise market power (currently, where the effect of such acquisition may be to substantially lessen competition or to tend to create a monopoly). Defines the ability to exercise market power for purposes of such provision as the ability of one or more firms profitably to maintain prices above competitive levels for a significant period of time. Directs the court, in determining whether there is a significant probability that any acquisition will substantially increase the ability to exercise market power, to consider all economic factors relevant to the effect of the acquisition in the affected markets, including: (1) the number and size distribution of firms and the effect of the acquisition thereon; (2) the ease or difficulty of entry by foreign or domestic firms; (3) the ability of smaller firms in the market to increase production in response to an attempt to exercise market power; (4) the nature of the product and terms of sale; (5) conduct of firms in the market; (6) efficiencies deriving from the acquisition; and (7) any other evidence indicating whether the acquisition will or will not substantially increase the ability, unilaterally or collectively, to exercise market power. Amends the National Cooperative Research Act of 1984 to include a joint production venture within the scope of such Act as an activity that shall not be deemed illegal per se under the antitrust laws. Changes the short title of such Act to the National Cooperative Research, Development, and Production Act. Title IV: Business Liability - Subtitle A: Findings - Makes findings with respect to the increasing amount of litigation in our society and the desirability of encouraging alternative dispute mechanisms and providing uniform legal standards in the areas of professional and product liability. Subtitle B: Professionals' Liability Reform - Professionals' Liability Reform Act of 1992 - Establishes certain limitations and procedures regarding professional liability actions. Preempts certain State laws. Provides that nothing in this Act shall prohibit any State from developing or implementing alternative procedures for: (1) expediting the adjudication of professional liability claims; (2) resolving professional liability disputes; or (3) compensating for harm caused by professional services. Requires professional liability actions to be brought within three years after the claimant discovered, or should have discovered, the harm. Requires the claimant, in any professional liability action, to establish: (1) that the professional negligently rendered professional services and that such negligence was the proximate cause of the harm; or (2) in a claim for economic injury, that the professional negligently rendered professional services to and for the direct and intended benefit of the claimant, and such services were the proximate cause of the harm. Requires the claimant to establish that, at the time such services were provided, knowledge of the circumstances that caused the harm and a practical means to eliminate such circumstances were reasonably available. States that a professional shall not be liable in a professional liability action in which: (1) the professional's services were rendered to an agency of the Federal or State government; (2) Federal or State contract specifications existed which were material to the claim; and (3) the services rendered conformed to such specifications. Permits future damage awards exceeding $100,000 to be made by periodic payments. Requires that damage awards be offset by any amount received as compensation for the same injury. Establishes a contingency fee schedule for plaintiffs' attorneys. States that the principles of comparative liability shall apply unless persons engaged in concerted action which proximately caused the harm. Permits the awarding of punitive damages only where the conduct of the defendant: (1) manifested a malicious and reckless disregard for safety; and (2) constituted an extreme departure from accepted standards of safety. States that punitive damages may not be awarded in the absence of a compensatory award, or for the negligent provision of professional services. Requires the trier of fact, at the request of the professional, to consider in a separate proceeding whether punitive damages are to be awarded. Limits the claimant's actual recovery of punitive damages to three times the amount of compensatory damages. States that excess punitive damages shall be paid to the State or Federal government. Makes any attorney who files a frivolous claim subject to pecuniary sanctions by the court. Requires each State to encourage professional organizations to form risk management programs. Subtitle C: Product Liability Fairness - Part I: General Provisions - Product Liability Fairness Act - Declares that this Act governs any product liability action brought against a manufacturer or product seller, on any theory, for harm caused by a product. States that a civil action brought against a manufacturer or product seller for loss or damage to a product itself or commercial loss shall be governed by applicable commercial or contract law. Supersedes any inconsistent State law regarding recovery in such actions. Lists specific laws not superseded, including: (1) defense of sovereign immunity asserted by any State or by the United States; (2) any Federal law (except the Federal Employees Compensation Act and the Longshore and Harbor Workers' Compensation Act); (3) the Foreign Sovereign Immunities Act of 1976; (4) State choice-of-law rules; (5) the right of any court to transfer venue or to apply the law of a foreign nation or to dismiss a claim of a foreign nation or citizen on the ground of inconvenient forum; and (6) any statutory or common law cause of action, including an action to abate a nuisance, that authorizes a State or person to institute an action for civil damages or civil penalties, clean up costs, injunctions, restitution, cost recovery, punitive damages, or any other form of relief from contamination or pollution of the environment or the threat of it. Declares that U.S. district courts shall not have jurisdiction over any civil action under this Act, based on specified provisions of Federal law relating to district court jurisdiction. Declares that, if any provision of this Act would shorten the period during which a manufacturer or seller would otherwise be exposed to liability, the claimant may, notwithstanding that period, bring any civil action under this Act within one year after the effective date of this Act. Part II: Out of Court Procedures - Allows any claimant to bring a civil action for damages against a person for harm caused by a product under applicable State law, except to the extent such law is superseded by this title. Sets forth expedited settlement measures, including: (1) an option to include an offer of settlement, for a specific dollar amount, by the plaintiff in the complaint and by the defendant in a responsive pleading; and (2) awarding attorney's fees and costs, in certain circumstances, to the prevailing party if the other party does not accept the settlement offer. Sets forth alternative dispute resolution procedures, including: (1) an option, in lieu of or in addition to a settlement offer, for a claimant or a defendant to offer to proceed under any voluntary alternative dispute resolution procedure established or recognized under the law of the State in which the action is brought or maintained; and (2) awarding of attorney's fees and costs to the offering party if the court determines that a refusal to so proceed was unreasonable or not in good faith. Creates a rebuttable presumption that a refusal to so proceed was unreasonable, or not in good faith, if a verdict is rendered in favor of the offeror. Part III: Court Procedures - Allows a person seeking to recover for harm caused by a product to bring a civil action against the manufacturer or seller under applicable State or Federal law, except to the extent such law is superseded by this Act. Establishes a standard of product seller liability for proximate causes of harm, established by a preponderance of the evidence, which fall under the categories of negligence or express warranty. Allows the trier of fact, in a negligence action, to consider the conduct of the seller with respect to: (1) the construction, inspection, or condition of the product; and (2) failure to pass on warnings or instructions from the manufacturer. Deems the seller not liable for failure to provide warnings or instructions unless the claimant establishes that the seller failed to: (1) provide warnings or instructions received while the product was in the seller's possession and control; or (2) make reasonable efforts to provide users with warnings and instructions which it received after the product left its possession and control. Deems a seller not liable except for breach of warranty where there was no opportunity to inspect the product in a manner which would or should, in the exercise of reasonable care, have revealed the aspect which allegedly caused the harm. Declares that the seller shall be treated as the manufacturer and be liable for harm caused by a product as if it were the manufacturer if: (1) the manufacturer is not subject to service of process in any State in which the action might have been brought; or (2) the court determines that the claimant would be unable to enforce a judgment against the manufacturer. Allows punitive damages, if otherwise permitted by applicable law, to be awarded in any civil action under this title to any claimant who establishes by clear and convincing evidence that the harm suffered was the result of conduct manifesting a manufacturer's or product seller's conscious, flagrant indifference to the safety of those persons who might be harmed by a product. Declares that a failure to exercise reasonable care in choosing among alternative product designs, formulations, instructions, or warnings is not of itself such conduct. Prohibits awarding punitive damages in the absence of a compensatory award, subject to exception. Prohibits punitive damages against a manufacturer or seller of a drug or medical device where: (1) the drug or device was subject to pre-market approval by the Food and Drug Administration (FDA); or (2) the drug is generally recognized as safe and effective under conditions established by the FDA. Prohibits punitive damages against a manufacturer of an aircraft where: (1) the aircraft was subject to pre-market certification by the Federal Aviation Administration (FAA); and (2) the manufacturer complied, after delivery, with FAA requirements and obligations with respect to continuing airworthiness. Provides for separate proceedings, if requested by the manufacturer or seller, with regard to punitive damages. Lists factors the trier of fact is allowed to consider in determining the amount of punitive damages. Bars any civil action under this title: (1) unless filed within two years after the claimant discovered or should have discovered the harm and its cause, subject to exception; and (2) if the product involved is a capital good that is alleged to have caused harm which is not a toxic harm unless filed within twenty-five years after delivery of the product, provided the claimant has received or would be eligible for State or Federal workers' compensation. Excludes a motor vehicle, vessel, aircraft, or railroad used primarily to transport passengers for hire from these time limitations. States that nothing in these provisions affects the right of any person who is subject to liability under this Act to obtain contribution or indemnity from any other person who is responsible for the harm. Requires reduction in the damages awarded by the sum of all State or Federal workers' compensation benefits to which the employee is or would be entitled. Requires a claimant in a civil action under this title who is or may be eligible to receive State or Federal workers' compensation to notify the claimant's employer of the civil action. Requires an action to be stayed, at the sole discretion of the claimant, until a final determination is made on the amount payable as workers' compensation benefits. Declares that, unless the manufacturer or seller has expressly agreed to indemnify or hold an employer harmless, neither the employer nor the workers' compensation insurance carrier shall have a right of subrogation, contribution, or implied indemnity against the manufacturer or seller or a lien against the claimant's recovery, except if the claimant's harm was not in any way caused by the fault of the claimant's employer or co-employees. Allows the employer or workers' compensation insurer to intervene in the action to prove that fact. Prohibits a third party tortfeasor, where workers' compensation is involved, from maintaining any action for implied indemnity or contribution against the employer, any coemployee, or the exclusive representative of the injured person. Prohibits, for a person who is or would have been entitled to receive workers' compensation, any other action, unless a State or Federal workers' compensation law permits recovery based on a claim of an intentional tort. Makes these provisions inapplicable and declares that applicable State law shall control if the employer or the workers' compensation insurer asserts a right of subrogation, contribution, or implied indemnity against the manufacturer or seller or a lien against the claimant's recovery. Declares that, in any product liability action, the liability of each defendant for noneconomic damages shall be several and not joint. Requires the trier of fact to determine the proportion of responsibility of each party for the claimant's harm. Establishes a complete defense, in any civil action under this Act in which all defendants are manufacturers or sellers, that the claimant was under the influence of alcohol or any drug and that, as a result, the claimant was more than 50 percent responsible for the event which resulted in the harm. Defines "drug" to mean any non-over-the-counter drug which has not been prescribed by a physician. Title V: Long-Term Investment - Long-Term Investment Promotion Act of 1992 - Amends the Securities Exchange Act of 1934 to eliminate the requirement that publicly-held corporations report their financial status on a quarterly basis. Title VI: Competitiveness Risk Assessment - Declares that no agency shall propose or promulgate a regulation without first analyzing its direct and indirect effects on the health and safety of consumers and workers, including effects due to wage and job losses, price increases, product restrictions, technological delays, and substitution effects. Title VII: Department of Manufacturing And Commerce - Department of Manufacturing and Commerce Act of 1992 - Renames the Department of Commerce as the Department of Manufacturing and Commerce. Requires the President to establish a Manufacturing Advisory Commission to examine Federal agencies, programs, and offices responsible for manufacturing-related research and development, technology transfer, education, and trade in order to prepare a report for the Congress on the feasibility of consolidating such agencies, programs, and offices into a single Office of Manufacturing within the Department of Manufacturing and Commerce. Title VIII: Amendments to the Stevenson-Wydler Technology Innovation Act of 1980 - Amends the Stevenson-Wydler Technology Innovation Act of 1980 to change from discretionary to mandatory a Federal agency's authority to permit the director of any of its laboratories to enter into cooperative research and development agreements on its behalf. Authorizes each Federal agency to copyright on behalf of the United States any computer software prepared in whole or in part by Government employees involved in cooperative research and development agreements. Includes software royalties in the current distribution format (agency, laboratory, author, and Treasury) under such Act.
Bill· HRH.R. 5253 (102nd)referred
United States · United States Congress · 21 May 1992
Balanced Budget Implementation Act of 1992 - Title I: Repeal of Budget Agreement Enforcement Provisions - Repeals the budget agreement enforcement provisions of the Congressional Budget and Impoundment Control Act of 1974. Title II: Emergency Powers to Eliminate Deficits in Excess of Maximum Deficit Amount - Amends the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) to provide for enforcement of deficit reduction to balance the Federal budget by the end of FY 1997. Requires enforcement to be implemented through sequestration and revenue surtax (current provisions only require budget enforcement through sequestration). Repeals provisions which govern enforcement of discretionary spending limits and pay-as-you-go through FY 1995. Revises provisions concerning enforcing deficit targets. Requires the President, within 15 calendar days after the Congress adjourns to end a session, to take action to eliminate the excess deficit, in any. Sets forth the maximum deficit amounts allowed for FY 1993 through 1997. Reduces such amounts to zero by FY 1997 plus any amount designated to meet a condition of national economic urgency. Requires 60 percent of the excess deficit in a budget year to be eliminated through across-the-board outlay reductions and 40 percent through a revenue surtax. Provides rules for such sequestration process. Revises the timetable and requirements for deficit reduction reports and presidential orders. Requires within-session deficit reduction reports. Revises the list of exempt programs and activities. Removes the special exemption for social security benefits, railroad retirement benefits, certain veterans programs, payments made for the earned income tax credit, and certain low-income programs. Removes the special exceptions, limitations, and rules with respect to sequestration for: (1) certain automatic spending increases; (2) the guaranteed student loan program; (3) foster care and adoption assistance programs; (4) the Medicare program; (5) community and migrant health centers, Indian health services and facilities, and veterans' medical care; (6) the child support enforcement program; (7) payments and advances for unemployment compensation; (8) the Commodity Credit Corporation; and (9) the jobs portion of Aid to Families with Dependent Children (AFDC). Repeals the provision that requires permanent cancellation of budgetary resources sequestered from any account other than a trust or special fund account. Adds a special rule if the President exempts military personnel from sequestration with respect to further reductions in the appropriate subfunctional category. Repeals provisions concerning: (1) suspension of deficit reduction in the event of low economic growth; (2) the President's flexibility in making deficit reductions among defense programs, projects, and activities; and (3) the special reconciliation process. Sets forth congressional procedures to make available excess budgetary resources whenever the President transmits to the Congress a declaration of national economic urgency. Title III: Tax Surcharge to Reduce Deficit - Amends the Internal Revenue Code to impose a tax surcharge on the income of every taxpayer if the Office of Management and Budget reports to the Congress and the President that a revenue increase is required. Establishes procedures for determining and administering such surcharge. Repeals such surcharge if the Secretary of the Treasury determines that it is not needed. Title IV: Budget Submitted by the President - Requires the President's budget to ensure that the deficit for such fiscal year does not exceed the maximum deficit amount. Requires the submission of a balanced budget for FY 1997 and subsequent fiscal years. Makes such requirements inapplicable during a declaration of national economic urgency or a declaration of war. Title V: Total of President's Budget Shall Represent Spending Ceiling - Amends the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) to prohibit the Congress from passing legislation which provides budgetary resources in excess of those proposed in the President's budget. Title VI: Fiscal Year 1993 Deficit Reduction Actions - Requires the President to submit to the Congress a revised budget for FY 1993 to achieve the deficit targets set forth under this Act. Requires the Congress, after receipt of the President's budget, to report revised concurrent budget resolutions for FY 1993 to achieve such deficit targets.
Bill· HRH.R. 5254 (102nd)open
United States · United States Congress · 21 May 1992
Adds a new chapter to Federal veterans' benefits provisions entitled "Veterans' Job Training." Directs the Secretary of Veterans Affairs (Secretary) and, to the extent specifically provided, the Secretary of Labor to carry out a program to assist eligible veterans in obtaining employment through participation in programs of significant training for employment in stable and permanent positions. Requires the program to be carried out through payments to employers who employ and train eligible veterans in such positions. Uses such payments to assist such employers in defraying the costs of necessary training. Authorizes the Secretary to contract or make agreements with State approving agencies (SAAs) to carry out the duties of the Secretary under this chapter, and to pay appropriate expenses. Directs each SAA to report to the Secretary a certification as to the expenses incurred. Requires the Assistant Secretary of Labor for Veterans' Employment and Training to assist the Secretary of Labor in carrying out this chapter. Makes eligible for such job training programs veterans who: (1) are unemployed at the time of application; (2) have been so unemployed for at least ten of the 15 weeks prior to such application; (3) submit an application for such program within four years after discharge or release or four years after enactment of this Act, whichever is later; (4) were discharged on or after August 2, 1990; (5) served on active duty for more than 90 days; (6) are entitled to disability compensation (or who, but for the receipt of military retired pay, would be so entitled) for a disability rated at 30 percent or more; and (7) were discharged or released from active duty due to a service-connected disability. Outlines application requirements for a veteran who wishes to participate in such a program. Authorizes the Secretary to withhold approval of such applications when determined necessary due to limited funds available for the program. Directs the Secretary to furnish to veterans approved for the program a certificate of eligibility for presentation to an employer within 180 days. Limits to 15 months the maximum period of training for which assistance may be provided on behalf of a veteran under this chapter. Requires an employer, in order to be approved under the job training program, to provide training for no less than 12 months in an occupation in a growth industry or in an occupation requiring the use of new technological skills. Allows for a training program of at least six months when the purpose of this chapter would be met by such program. Provides for the approval of appropriate employer job training programs. Prohibits the approval by the Secretary of job training programs for employment: (1) consisting of seasonal, intermittent, or temporary jobs; (2) under which commissions are the primary income source; (3) which involves political or religious activities; (4) with any Federal department or agency; or (5) outside of the State. Outlines application requirements for the approval of job training programs of an employer under this chapter. Authorizes the Secretary to withhold the approval of an employer's proposed program pending the outcome of an investigation as to whether all application requirements have been met. Provides for payments to employers for approved job training programs provided to qualifying veterans under this chapter. Places certain per-veteran limits on the amount of such payments. Requires pro rata repayment by an employer for unfulfilled periods of job training or employment under the program. Requires an employer to certify to the Secretary the appropriate training and employment of a veteran before receiving such payments. Requires all requests for such payments to be made within two years from the date on which the job training ends. Outlines conditions of employer noncompliance under a job training program under which payments made shall be considered an overpayment due to the United States. Requires an employer to notify the Secretary of its intention to employ such veteran, and allows the veteran to begin such program within two weeks after such notification unless approval is withheld or denied by the Secretary. Authorizes an employer to enter into an agreement with an educational institution that has been approved for the enrollment of veterans under which the institution provides the program of job training to eligible veterans. Requires an employer's application to state such intention. Authorizes the Secretary to immediately disapprove further participation by veterans in a program when the Secretary finds that such previously-approved program fails to meet any of the requirements under this chapter. Requires the Secretary to notify the employer and veteran so affected, and to provide the opportunity for a hearing on such disapproval. Directs the Secretary to disapprove future participation by veterans in a program under which the Secretary determines that the rate of veterans' successful completion of an employer's programs is disproportionately low due to deficiencies in the quality of the programs. Requires the Secretary to take into account certain data in making such determination. Requires employer notification and opportunity for a hearing in such cases. Requires to be available the records and accounts of employers pertaining to veterans' job training programs approved under this chapter. Authorizes the Secretary to: (1) monitor employers and veterans participating in such programs to determine compliance; (2) investigate any matter necessary to determine compliance with program requirements; and (3) administer such monitoring and investigative functions via an agreement between the Secretary and the Secretary of Labor for the performance of such functions by the Department of Labor. Prohibits an employer from being paid training assistance on behalf of a veteran under this chapter during any period of time in which the employer receives any other form of assistance on account of the training or employment of the veteran, including assistance under the Job Training Partnership Act, or when the employer receives a tax credit for the employment of certain new employees. Directs the Secretary and the Secretary of Labor, upon request, to provide employment counseling services to eligible veterans in order to assist such veterans in selecting a suitable job training program under the chapter. Directs the Secretary of Labor to provide a program under which: (1) a disabled veteran's outreach program specialist is assigned as a case manager for each veteran participating in a job training program; (2) the veteran has an interview with the case manager within 60 days after entering into a program; and (3) periodic (at least monthly) contact is maintained with each veteran in order to aid such veteran in successfully completing his or her program. Outlines situations in which the assignment of a case manager may be waived. Directs the Secretaries to jointly provide a program of counseling designed to resolve difficulties encountered by veterans during their training. Directs the Secretaries to jointly provide for an outreach and public information program to inform: (1) veterans of available employment and job training opportunities; and (2) private industry and business concerns, public agencies and organizations, educational institutions, trade associations, and labor unions about available job training opportunities. Directs the Secretary of Labor to promote the development of employment and job training opportunities for veterans by: (1) encouraging potential employers to make job training programs available to veterans; (2) advising other appropriate Federal departments and agencies of the program established under this chapter; and (3) advising employers of applicable responsibilities with respect to veterans. Requires coordination of the outreach and public information program with similar Federal programs and programs of public agencies and organizations. Directs the Secretary of Labor, in carrying out his responsibilities under this chapter, to utilize the services of various directors, assistant directors, specialists, and local employees employed in areas related to veterans' employment and training. Directs the Secretary of Labor to request and obtain from the Administrator of the Small Business Administration a list of small business concerns, and to update such list. Directs each Secretary to assist veterans and employers in making and completing applications and certifications required under this chapter. Directs the Secretary of Labor, at least quarterly, to collect and compile from employment services and directors of veterans' employment and training information concerning the number of veterans who receive employment and training counseling, who are referred to employers, who participate in job training, and who complete programs, or the reasons for noncompletion. Authorizes appropriations for FY 1993 through 1995 for making payments to employers under this chapter. Limits to 2.5 percent of such authorized appropriations the amount to be used for administration. Prohibits assistance from being paid to an employer under this chapter: (1) on behalf of a veteran who initially applies for a job training program after September 30, 1995; or (2) for any program which begins after March 31, 1996.
Bill· HJRESH.J.Res. 491 (102nd)referred
United States · United States Congress · 21 May 1992
Constitutional Amendment - Prohibits the public debt from increasing by more than one percent each year unless authorized by a law approved by a majority of the Members of the Senate and the House of Representatives. Requires such law to be approved by a majority vote of the electorate before it takes effect. Declares that such prohibition does not apply to public debt contracted to: (1) repel invasion of the United States; (2) defend the United States in time of war; (3) support the U.S. armed forces in time of war; or (4) redeem a previous debt obligation of the United States.
Resolution· HRESH.Res. 470 (102nd)referred
United States · United States Congress · 21 May 1992
Expresses the sense of the House of Representatives that the United States should: (1) suspend all assistance and cooperative programs with Serbia and Montenegro and prevent them from gaining access to benefits and assets available to the other newly independent states of the former Yugoslavia (independent states); (2) urge the European Community (EC), other members of the Conference on Security and Cooperation in Europe (CSCE), and the United Nations to take immediate action to impose more comprehensive sanctions against Serbia and Montenegro, such as an oil embargo; (3) urge international financial institutions to cease negotiations with Serbia and Montenegro, and urge the EC, CSCE, and other members of the United Nations to freeze credit lines to Serbia and Montenegro; (4) take no action to recognize Serbia and Montenegro until they meet EC criteria for recognition and until Serbia ceases aggression against Bosnia-Hercegovina, withdraws military forces from Bosnia, and agrees to respect the territorial integrity of all the newly independent states; (5) press for full suspension of the Yugoslav seat from the CSCE and other international bodies; (6) promote efforts to establish a security zone around Sarajevo to ensure the delivery of humanitarian assistance; (7) insist that Serbia restore the autonomy of Kosovo and Vojvodina; and (8) encourage each of the newly independent states to respect the CSCE principles guiding relations between states.
Bill· SS. 2743 (102nd)referred
United States · United States Congress · 20 May 1992
Yugoslavia Sanctions Act of 1992 - Imposes the following sanctions on Yugoslavia (the Federation of Montenegro and Serbia) until conditions under this Act have been met: (1) a prohibition on the furnishing to Yugoslavia of U.S. assistance funds appropriated before this Act's enactment date; (2) opposition to loans by specified multilateral financial institutions to Yugoslavia; and (3) restrictions on air travel between the United States and Yugoslavia. Provides that such conditions are that Yugoslavia: (1) is not waging a war of military aggression against any other country; (2) is not supporting any military unit, militia, or paramilitary organization in another country; (3) is not occupying any territory of another country and is not assisting forces occupying another country; (4) recognizes as international borders the borders of Croatia, Bosnia-Hercegovina, and Macedonia as specified in the 1974 Yugoslav Federal Constitution and as existed on December 31, 1984; (5) is not interfering with United Nations peacekeeping operations or with international observer missions or humanitarian relief efforts; and (6) is not engaged in systematic violations of human rights. Directs the President to certify that such conditions have been met to the Speaker of the House and the chairman of the Senate Foreign Relations Committee. Provides that the independent countries of the former Yugoslavia shall be the heirs severally and collectively to the assets and liabilities of the former Yugoslavia. Expresses the sense of the Congress that the President should not recognize Yugoslavia until it has met the conditions under this Act and that the President should enter into negotiations with the independent countries of the former Yugoslavia to insure an equitable distribution of the diplomatic property in the United States among the successor states. Urges the President to: (1) negotiate multilateral sanctions pursuant to the United Nations Charter against Yugoslavia so long as Yugoslavia is supporting acts of military aggression against Bosnia-Hercegovina; and (2) oppose Yugoslavia's aggression in all appropriate fora. Applies sanctions under this Act to any other independent country of the former Yugoslavia if such country is engaged in military aggression against a neighbor for the purpose of changing its boundaries. Expresses the sense of the Congress that the President should take steps so that adequate humanitarian assistance reaches needy people in Bosnia-Hercegovina.