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Bill· HRH.R. 6212 (102nd)referred
United States · United States Congress · 9 October 1992
Title I: Fair Trade for the Commercial Shipbuilding and Repair Industry - Subtitle A: Subsidized Shipyard List and Required Vessel Entry Documentation Regarding Construction and Repair Subsidies - Shipbuilding Trade Reform Act of 1992 - Directs the Secretary of Commerce to maintain a list of all foreign shipyards that receive or benefit from, directly or indirectly, a subsidy for the construction or repair of vessels. Requires a vessel master to deposit with appropriate customs officers a construction subsidy certification for the vessel at the time of making formal entry under the Tariff Act of 1930. Requires the master at, or before, the time of formal entry, to deposit with such customs officer a subsidy declaration for repairs made to such vessel since the last time it entered the United States. Subtitle B: Treatment of Vessels Under the Countervailing and Antidumping Duty Laws - Amends the Tariff Act of 1930 to establish special rules in applying countervailing and antidumping laws to foreign-made vessels. Title II: Contingency Retainer Fleet Program - Maritime Reform Act of 1992 - Amends the Merchant Marine Act, 1936 to direct the Secretary of Transportation to encourage the establishment of a fleet of active, militarily useful, vessels to meet Department of Defense and other security requirements, while also maintaining an American presence in international commercial shipping, to be known as the Contingency Retainer Fleet, to consist of privately owned, U.S.-flag vessels for which there are in effect operating agreements. Sets forth requirements for the operating agreement and restrictions on noncontiguous trade. Authorizes appropriations. Prohibits new operating-differential subsidy contracts. Allows the trade-in of obsolete vessels. Limits construction loan guarantees to vessels built in the United States or vessels built in a foreign shipyard that is not included on the subsidized foreign shipyard list. Sets forth reemployment rights for merchant seamen who are members of the Armed Forces Reserves and ordered to active duty. Eliminates certain mortgage restrictions on vessel financing. Amends the Shipping Act to provide for the placement of vessels under foreign registry. Requires the Secretary to study and report to the Congress on the impact of this Act on U.S. international competitiveness in the maritime industry. Title III: Amendments Related to Capital Construction Fund; Phaseout of Duty on Equipment and Repairs of Vessels in Foreign Countries - Subtitle A: Amendments Related to Capital Construction Funds - Amends the Merchant Marine Act to remove the requirement that vessels be built in the United States in order to establish a capital construction fund. Provides for the taxation of earnings on fund investments. Allows the withdrawal of such funds to make certain payments on leased vessels. Authorizes deposits in such fund in excess of limitations for prior years based on an audit adjustment. Provides for the treatment of long-term capital gains and losses and the computation of interest on nonqualified withdrawals in such fund. Subtitle B: Phaseout of Duty on Equipment and Repairs of Vessels in Foreign Countries - Reduces the required duty for repairs made in a foreign country by vessels documented in the United States.
Bill· SS. 3360 (102nd)referred
United States · United States Congress · 6 October 1992
Requires the Secretary of Defense to establish the Federal Defense Laboratory Diversification Program. Specifies that: (1) the laboratories covered by the Program shall include all Department of Defense (DOD) owned or operated laboratories and DOD federally funded research and development (R&D) centers that undertake more than $5 million in research (Defense laboratories); and (2) the Program shall be managed by Director of Defense Research and Engineering. Directs the Program to undertake cooperation between Defense laboratories and private industry to promote: (1) the development and application of dual-use manufacturing technologies to improve quality and efficiency in the manufacture of both civilian and defense-oriented products; (2) the development and commercialization of dual-use product technologies; (3) the transfer of defense or dual-use technologies from laboratories to the private sector for the purpose of commercialization through patent, royalty, and license agreements, cooperative R&D agreements, and other cooperative agreements and through symposia, meetings, and other mechanisms; and (4) the efficient adoption and adaptation of civilian manufacturing product and process technologies to defense needs in sectors critical to maintaining defense preparedness. Requires the Director of Research and Engineering to develop, for each category of diversification activity for each Defense laboratory covered by this Act, benchmarks which cover FY 1993-95 and include for each such fiscal year: (1) the budget resources, manpower, and facilities to be utilized by each laboratory; and (2) the dollar value of patents, royalties, and licenses broken down by product or SIC code to be sought and pursued by each laboratory, in implementing the Program. Requires the Director, with respect to the budget resources, manpower, and facilities to be utilized by each Defense laboratory covered by the Program to establish benchmarks concerning the number and value of cooperative R&D and other cooperative agreements to be established and undertaken allocating, as appropriate, a minimum of two to five percent of budget to such cooperative work within two years of the Program's establishment. Specifies that: (1) Program benchmarks shall be established within 180 days; (2) upon their establishment, each Defense laboratory shall promptly proceed to implement them within its overall budget and utilizing other funds that may be available for implementation of this Act; and (3) benchmarks shall be updated each fiscal year on an ongoing basis. Directs each: (1) Defense laboratory participating in the Program to establish an industry and academic advisory panel to promote cooperation between the laboratory and the private sector in carrying out the Program; and (2) laboratory to utilize its panel to oversee the development of each year's research plan and the implementation of the Program and its benchmarks and to provide advice on how to enhance the dual-use properties of the laboratory's research work on a project-by-project basis. Sets forth reporting requirements. Requires the Director of the Office of Technology Assessment to: (1) subject to the approval of the Technology Assessment Board, undertake an evaluation of practices and procedures that have proven effective in promoting specified elements of the Program, both in laboratories covered by the Program and elsewhere; and (2) evaluate the effectiveness of the Program in achieving optimal cooperation with private industry in meeting such elements and make recommendations for any improvements in practices and procedures for cooperating with industry that should be implemented. Directs the Director of Research and Engineering to utilize the recommendations and results of such study in ongoing implementation of the Program.
Bill· SS. 3359 (102nd)referred
United States · United States Congress · 6 October 1992
Manufacturing Application and Education Network Act of 1992 - Requires the Director of the Defense Advanced Research Projects Agency (DARPA), the Assistant Secretary of Energy for Conservation and Renewable Energy, and the Director of the Office of Science and Technology Policy (OSTP) to comprise a selection committee which shall use competitive procedures to select a managing consortium to establish and administer the operations of the Manufacturing Application and Education Network (Network) Centers established in accordance with this Act. Outlines criteria for selection of a managing consortium, including having a primary mission of developing and deploying advanced manufacturing technologies and having the capacity to transfer such technologies to other areas. States that the first consortium so selected shall manage the Network Centers for five years, with each consortium selected thereafter managing such Centers for three years. Requires the consortium selected, with the support of a task force created later under this Act, to establish and oversee the administration of not less than 150 Network Centers within ten years after the date of enactment of this Act. Requires each consortium to develop a Network propagation plan that shall: (1) include a plan for the establishment of the Centers nationwide, upon the approval of the consortium; and (2) be based upon economic development and manufacturing profiles submitted to the consortium for approval by each of the 50 States. Requires: (1) the consortium to submit to the OSTP Director for distribution to all organizations involved in establishing the Centers a copy of establishment and business plans of each Center, as well as quarterly reports; and (2) the OSTP Director to report to the Senate and House Armed Services and Small Business Committees evaluating the progress and plans of the Network Centers. States that a Network Center may only be established and supported under this Act with the approval of the appropriate selected consortium, in consultation with a representative selected by the Secretary of Defense. Allows a consortium to approve the establishment and support of a Center only if such Center promotes the deployment of innovative and robust technology into U.S. manufacturing companies by conducting activities in: (1) technology awareness; (2) technology education; (3) technology demonstration; (4) technology application support; and (5) technology advancement support. Limits the amount of Federal funds authorized to be allocated to each Network Center by the consortium. Requires each Network Center to enter into a written agreement with the United States to share all information and technology developed by the Center while using Federal funds. Requires the OSTP Director to establish a task force under the auspices of the Federal Coordinating Council for Science, Engineering and Technology. Requires the task force to: (1) develop a government-wide plan to utilize the skilled work force of the Federal laboratories to support Network Center operations; (2) develop a streamlined process for Federal agencies to identify and transfer existing Government technologies and equipment that would be of value to the Network; and (3) develop and implement a plan for the OSTP to periodically communicate to all relevant Federal agencies and the Congress concerning the progress being made in Federal programs involving technology transfer. Requires assistance from certain Federal officials in maximizing export opportunities for small and disadvantaged small business concerns participating in Network Centers. Directs the Secretary of Commerce, acting through the Under Secretary for Export Administration, to: (1) collect sourcing data on existing Federal procurements; (2) analyze such data in order to determine U.S. ability to supply components for critical and enabling technologies to current and future world markets; (3) identify the technologies that are deemed critical to reach full-scale production within a two-year period; and (4) provide detailed reports to the consortium on the findings. Amends the Small Business Act to authorize exclusive small business set-asides for Federal procurement of components and subsystems produced in Network Centers established under this Act. Directs breakout procurement center representatives established under such Act to provide written notification to a contractor or subcontractor that if two or more bids are received from small or disadvantaged small business concerns participating in Network Centers under this Act, the procurement contract for such component or subsystem must be set aside for competition among small and disadvantaged small business concerns in the United States. Directs the Administrator of the Small Business Administration to establish a program to promote the award of Federal procurement contracts to small and disadvantaged small business concerns that participate in the Network Centers under this Act, including contracts for the procurement of systems and components of critical technologies. Provides credits to Federal contracting officers and their Government contractors who support the achievement of Government targets for small business contracting. Outlines eligibility requirements for small or disadvantaged small business concerns to receive contract awards under the program, including a priority among such small and disadvantaged small businesses. Prohibits a contract awarded under such program from exceeding the lowest qualified bid received by a participating small or disadvantaged small business concern by more than ten percent.
Bill· HRH.R. 6201 (102nd)referred
United States · United States Congress · 6 October 1992
Title I: Child Protection - National Child Protection Act of 1992 - Establishes a national criminal background check system (system) to which a designated agency in each State is required to report child abuse crime information, or index such information in the system, for purposes of background checks of child care providers. Directs the Attorney General to establish: (1) guidelines for the reporting of such information; and (2) timetables for each State to report such information to the system (with a three-year deadline for all States to be reporting at a specified level of currency). Requires State agencies to maintain close liaison for the exchange of technical assistance in cases of child abuse with the National Center: (1) on Child Abuse and Neglect; (2) for Missing and Exploited Children; and (3) for the Prosecution of Child Abuse. Directs the Attorney General to publish annually: (1) a statistical summary of the child abuse crime information reported under this title; and (2) a summary of each State's progress in reporting child abuse crime information to the system. Requires the Administrator of the Office of Juvenile Justice and Delinquency Prevention to conduct a study to determine various factors relating to potential child abuse crimes and offenders, based on a statistically significant sample of convicted child abuse offenders and other relevant information. Requires a report on such study to be submitted to specified congressional committee officials. Authorizes a State to have in effect procedures to permit a qualified entity (i.e., a business or organization that provides child care or child care placement services, or that certifies others to provide such care or services) to contact a State agency to request a nationwide background check to determine if a child care provider is under indictment for, or has been convicted of, a background check crime. Directs the Attorney General to establish: (1) guidelines for State background check procedures, but permits the Attorney General to certify that a State procedure is equivalent to that under this title under specified circumstances; and (2) criteria for such certifications. Authorizes the Attorney General to: (1) prescribe such other measures as may be required to carry out the purposes of this title; and (2) encourage the use of the best technology available in conducting background checks. Amends the Omnibus Crime Control and Safe Streets Act of 1968 (Omnibus Act) to provide for the use of drug control and system improvement grants for the improvement of State record systems and the sharing of records of child abuse crime information to implement this title. Directs the Attorney General, subject to appropriations and with preference to States that have the lowest percent currency of case dispositions in computerized criminal history files, to make additional grants to each State to be used, for purposes of this title: (1) for the computerization of criminal history files; (2) for the improvement of existing computerized criminal history files; (3) to improve accessibility to the system; and (4) to assist the State in the transmittal of criminal records to, or the indexing of criminal history records in, the system. Authorizes: (1) appropriations; and (2) the withholding of a portion of the allocation for a fiscal year under the Omnibus Act to a State that is not in compliance with the timetable established under this title. Title II: Notification of Release of Prisoners - Requires the Bureau of Prisons, at least five days prior to the release of a prisoner convicted of a drug trafficking crime or crime of violence on supervised release (or, in the case of a prisoner on supervised release, at least five days prior to the date on which the prisoner changes residence to a new jurisdiction), to provide written notice of the release (or change of residence) to the chief law enforcement officer of the State and of the local jurisdiction in which the prisoner will reside, with exceptions. Specifies that, in the case of a prisoner convicted of an offense committed prior to November 1, 1987, the reference to supervised release in such provision shall be deemed to be a reference to probation or parole. Title III: Bail Posting Reporting - Illegal Drug Profits Act of 1991 - Requires each clerk of a Federal or State criminal court to: (1) report to the Internal Revenue Service the name and taxpayer identification number of any individual charged with a criminal offense who posts cash bail, or on whose behalf cash bail is posted, in an amount exceeding $10,000, and any individual or entity posting such cash bail for or on behalf of such individual; and (2) submit a copy of each report of cash bail to the offices of the U.S. Attorney and of the local prosecuting attorney for the jurisdiction in which the defendant resides (and the jurisdiction in which the criminal offense occurred, if different). Directs the Secretary of the Treasury to promulgate such regulations as are necessary within 90 days of the enactment of this Act. Title IV: Insurance Fraud - Amends the Federal criminal code to establish penalties for persons engaged in the business of insurance whose activities affect commerce, who: (1) knowingly make a materially false statement or report or willfully overvalue land, property, or security in connection with reports or documents presented to an insurance regulatory official or agency, or to any agent or examiner (official) appointed to examine the affairs of such person for the purpose of influencing in any way the actions of such official; (2) willfully embezzle or misappropriate funds or property while acting as an officer, director, agent, or employee (officer) of such person; (3) knowingly make a false entry of material fact in any book, report, or statement of such person with intent to deceive any person, or to deceive any officer of such person or any insurance regulatory official, about the financial condition or solvency of such business; and (4) by threats or force, corruptly influences, obstructs, or endeavors corruptly to influence or obstruct the proper administration of the law under which a proceeding (involving the business of insurance whose activities affect interstate commerce) is pending before an insurance regulatory official to examine the affairs of such person. Authorizes the Attorney General to seek civil penalties and injunctions for violations of this title. Sets penalties for obstructing criminal investigations with respect to the prosecution of cases of insurance fraud. Title V: Art Theft - Establishes penalties for the theft of major art works from museums. Title VI: Trafficking in Counterfeit Goods - Increases penalties for trafficking in counterfeit goods and services. Title VII: Crime Victims - Victims' Rights and Restitution Act of 1992 - Amends the Victims of Crime Act of 1984, as amended, to eliminate the cap on the crime victims fund. Title VIII: Sentencing Provisions - Amends the Federal criminal code to allow the court, in determining the sentence to be imposed in the case of a violation of probation or supervised release, to consider guidelines or policy statements issued by the Sentencing Commission. Authorizes the court to resentence a defendant who violates a condition of probation at any time prior to the expiration or termination of the term of probation. Directs the court to revoke: (1) probation or supervised release and require the defendant to serve a term of imprisonment (with respect to supervised release, up to the maximum authorized) if the court finds the defendant to be in unlawful possession of a controlled substance or firearm or otherwise in violation of a condition of probation or supervised release, or if the defendant refuses to cooperate in drug testing (thereby violating such a condition); and (2) a term of supervised release and require the defendant to serve in prison all or part of the term of release authorized by statute for the offense that resulted in such term, without credit for time previously served on post-release supervision, if the court finds by a preponderance of the evidence that the defendant violated a condition of supervised release, subject to specified limitations. Authorizes the court to include a requirement that the defendant be placed on supervised release after imprisonment when a term of supervised release is revoked and the defendant is required to serve a term of imprisonment less than the maximum authorized. Specifies that the length of such a term of release shall not exceed that authorized by statute for the offense of which the defendant was convicted, minus any term of imprisonment that was imposed upon revocation of supervised release. Specifies that the power of the court to revoke a term of supervised release for violation of a condition of such release, and to order the defendant to serve a term of imprisonment and, subject to certain limitations, a further term of supervised release, extends beyond the expiration of the term of release for a period reasonably necessary for the adjudication of matters arising before its expiration if, prior to such expiration, a warrant or summons has been issued on the basis of an allegation of such a violation. Title IX: Sentencing and Magistrates Amendments - Amends the Federal criminal code to: (1) authorize probation for a petty offense if the defendant has been sentenced to a term of imprisonment at the same time for another such offense; (2) make an exception for petty offenses to the rule (under current law) that a person charged with a misdemeanor may elect to be tried before a judge of the district court for the district in which the offense was committed; (3) authorize the magistrate judge, in a petty offense case involving a juvenile, to exercise all powers granted to the district court; and (4) authorize a magistrate judge who has sentenced a person to a term of supervised release to revoke or modify the term or conditions of such release. Title X: Attorneys' Fees Reimbursement Act - Amends the Federal judicial code to provide for the reimbursement of attorney's fees for current and former employees of the Department of Justice or the Federal public defender who were the subject of a criminal or disciplinary investigation related to such employee's discharge of official duties, where the investigation resulted in neither disciplinary action nor a criminal indictment against such employee. Requires the official making the award of reimbursement to make an inquiry into the reasonableness of the sum requested, based on specified guidelines. Title XI: Precursor Chemicals Act - Chemical Control Amendments Act of 1992 - Amends the Comprehensive Drug Abuse Prevention and Control Act of 1970 (Comprehensive Act) to: (1) replace references to "listed precursor chemicals" with "list I chemicals" and "listed essential chemicals" with "list II chemicals"; and (2) revise the definition of "regulated person" to include individuals who act as brokers or traders for international transactions involving a listed chemical, tableting machine, or encapsulating machine. Redefines "regulated transaction" to: (1) include international transactions which do not involve the importation or exportation of a listed chemical into or out of the United States if a broker or trader located in the United States participates in the transaction; (2) include, in the case of a listed chemical that is contained in a drug that may be marketed or distributed lawfully in the United States under the Federal Food, Drug, and Cosmetic Act, transactions involving ephedrine or any other listed chemical which the Attorney General may designate as not subject to exemption after finding that such action would prevent diversion and the total quantity of such chemical included in the transaction equals or exceeds the threshold established for that chemical by the Attorney General; and (3) exclude any transaction in a chemical mixture (current law) which the Attorney General has designated as exempt based on a finding that the mixture is formulated in such a way that it cannot be easily used in the illicit production of a controlled substance and that the listed chemical or chemicals contained in the mixture cannot be readily recovered. Directs the Attorney General to: (1) remove from exemption a drug or group of drugs (drug) that the Attorney General finds is being diverted to obtain a listed chemical for use in the illicit production of a controlled substance, based on: the scope, duration, and significance of the diversion; whether the drug is formulated in such a way that it cannot be easily used in such illicit production; and whether the listed chemical can be readily recovered from the drug; and (2) limit the designation of a drug removed from exemption to the most particularly identifiable type of drug for which evidence of diversion exists unless there is evidence, based on the pattern of diversion and other relevant factors, that the diversion will not be limited to that particular drug. Sets forth procedures, and factors to be considered, with respect to reinstatement of the exemption for particular drug products. Requires every person who manufactures or distributes, or who proposes to engage in the manufacture or distribution of, a list I chemical to obtain annually a registration issued by the Attorney General, with exceptions. Authorizes and directs the Attorney General to register an applicant to distribute a list I chemical unless he determines that the issuance of such registration is inconsistent with the public interest, taking into consideration the following factors: (1) maintenance by the applicant of effective controls against diversion of listed chemicals into other than legitimate channels; (2) compliance by the applicant with applicable Federal, State, and local law; (3) any prior conviction record of the applicant under Federal or State laws relating to controlled substances or chemicals; (4) any past experience in the manufacture and distribution of chemicals; and (5) such other factors as may be relevant to and consistent with the public health and safety. Makes provisions with respect to: (1) the denial, revocation, and suspension of registration relating to the manufacture, distribution, or dispensation of controlled substances explicitly applicable to list I chemicals; and (2) persons required to register applicable to importers and exporters of such chemicals. Directs the Attorney General to register an applicant to import or export a list I chemical unless he determines that the issuance of such registration is inconsistent with the public interest. Specifies that such registration shall not be required for the import or export of certain exempted drug products. Makes it unlawful for a regulated person to distribute, import, or export a list I chemical without the registration required under the Comprehensive Act. Requires each regulated person who manufactures a listed chemical to report annually to the Attorney General information concerning listed chemicals manufactured by such regulated person, with exceptions. Makes a person located in the United States who is a broker or trader for an international transaction in a listed chemical which is a regulated transaction solely because of that person's involvement as a broker or trader with respect to that transaction subject to all of the notification, reporting, record-keeping, and other requirements placed upon exporters of listed chemicals by the Comprehensive Act. Authorizes the Attorney General to: (1) require that the 15-day notification requirement with respect to the importation and exportation of listed chemicals apply to all exports of a specific listed chemical to a specified country, regardless of the status of certain customers in such country as "regular customers," if the Attorney General finds that such notification is necessary to support effective chemical diversion control programs or is required by treaty or other international agreement to which the United States is a party; and (2) waive the 15-day notification requirement for exports of a specific listed chemical to a specified country, and for the importation of a specific listed chemical, if such notification is not required for effective chemical diversion control, subject to specified requirements. Establishes penalties for: (1) exporting, or serving as a broker or trader for an international transaction involving, a listed chemical, knowing or having reasonable cause to believe that the chemical will be used to manufacture a controlled substance in violation of the laws of the country to which the chemical is exported; (2) importing or exporting a listed chemical with intent to evade reporting or record-keeping requirements under the Comprehensive Act by falsely representing to the Attorney General that the importation or exportation qualifies for a waiver of the notification requirement by misrepresenting either the actual country of final destination of the listed chemical or the actual listed chemical being imported or exported; and (3) importing or exporting a listed chemical in violation of provisions regarding persons required to register and regarding brokers and traders for international transactions in listed chemicals that are regulated transactions solely because of such persons' involvement as brokers or traders. Amends list I to add benzaldehyde and nitroethane, and delete D-lysergic acid, N-ethylephedrine, and N-ethylpseudoephedrine. Eliminates "regular supplier" status and creates "regular importer" status. Modifies the definition of "controlled premises" to include places where listed chemicals or records relating to the manufacture, distribution, or disposition of listed chemicals are maintained. Permits officers or employees designated by the Attorney General to inspect, and inventory any stock of, listed chemicals, subject to specified requirements. Makes it a felony for a person who possesses a listed chemical with intent that it be used in the illegal manufacture of a controlled substance to manage the listed chemical or waste from such manufacture other than as required under the Solid Waste Disposal Act. Specifies that, in addition to any penalty that may be imposed for the illegal manufacture, possession, or distribution of a listed chemical or toxic residue of a clandestine laboratory, a person who violates such prohibition shall be assessed costs of the initial cleanup and disposal of the listed chemical and contaminated property and the cost of restoring property damaged by exposure to such chemical. Expands forfeiture provisions to include: (1) moneys and proceeds traceable to exchanges for listed chemicals; and (2) listed chemicals and drug manufacturing equipment imported, exported, manufactured possessed, distributed, or intended to be distributed, imported, or exported, in violation of specified provisions (currently, felony provisions) of the Comprehensive Act. Title XII: Restitution Improvement Act - Amends the Federal criminal code to authorize the court, when sentencing a defendant convicted of an offense under the code or under specified provisions of the Federal Aviation Act of 1958, to require such defendant to reimburse the victim for necessary child care, transportation, and other expenses related to participation in the investigation or prosecution of, or attendance at proceedings related to, the offense. Title XIII: Parental Kidnapping - International Parental Kidnapping Crime Act of 1992 - Amends the Federal criminal code to establish penalties for removing a child from, or retaining a child outside, the United States with intent to obstruct the lawful exercise of parental rights. Makes it an affirmative defense that the defendant: (1) acted within the provisions of a valid court order granting the defendant legal custody or visitation rights, and that such order was obtained pursuant to the Uniform Child Custody Jurisdiction Act and was in effect at the time of the offense; (2) was fleeing an incidence or pattern of domestic violence; and (3) had physical custody pursuant to a court order granting legal custody or visitation rights and failed to return the child as a result of circumstances beyond the defendant's control, and the defendant notified or made reasonable attempts to notify the other parent or lawful custodian of the child of such circumstances within 24 hours after the visitation period had expired and returned the child as soon as possible. Expresses the sense of the Congress that, inasmuch as use of the procedures under the Hague Convention of the Civil Aspects of International Parental Child Abduction has resulted in the return of many children, those procedures (where applicable) should be the option of first choice for a parent who seeks the return of a child who has been removed from the parent. Authorizes appropriations to carry out (under the State Justice Institute Act of 1984) national, regional, and in-State training and educational programs dealing with criminal and civil aspects of interstate and international parental child abduction. Title XIV: Mail Fraud Extension - Extends mail fraud provisions under the Federal criminal code to cover private or commercial interstate carriers. (Current provisions apply only to frauds perpetrated with respect to matter to be sent or delivered through the U.S. Postal Service.) Title XV: Forfeiture Audit Requirement - Amends the Federal judicial code to direct the Attorney General to: (1) require that any State or local law enforcement agency receiving Federal asset forfeiture funds conduct an annual audit detailing the uses and expenses to which the funds were dedicated and the amount used for each use or expense, and report the results to the Attorney General; and (2) include within the Attorney General's report to the Congress all such annual audit reports from State and local law enforcement agencies and a report for such fiscal year describing the administrative and contracting expenses paid from the Department of Justice Assets Forfeiture Fund. Title XVI: Receipt of Stolen Property Amendments - Amends the Federal criminal code to provide that, whenever in the code an element of an offense is that property was embezzled, robbed, stolen, converted, taken, altered, counterfeited, falsely made, forged, or obliterated (stolen) and the defendant knew that the property was of such character, such element may be established by proof that the defendant, after or as a result of an official representation as to the nature of the property, believed the property to be stolen. Title XVII: Telemarketing Fraud - Consumer Protection Against Credit Card Fraud Act of 1992 - Amends the Federal criminal code to establish penalties for knowingly and with intent to defraud: (1) effecting transactions with one or more access devices (ADs) issued to another person to receive payment or any other thing of value during any one-year period the aggregate value of which is equal to or greater than $1,000; (2) without the authorization of the issuer of the AD, soliciting a person for the purpose of offering, or selling information regarding or an application to obtain, an AD; or (3) without the authorization of the credit card system member or its agent, causing or arranging for another person to present to the member or its agent for payment evidence or records of transactions made by an AD. Title XVIII: DNA Testing - DNA Identification Act of 1992 - Amends the Omnibus Act to authorize the use of drug control and system improvement grants to develop or improve in a forensic laboratory a capability to analyze deoxyribonucleic acid (DNA) for identification purposes. Requires State applications for grant funds to certify, if any part of such grant is to be used to develop or improve a DNA analysis capability in a forensic laboratory, that: (1) DNA analyses performed at such laboratory will satisfy or exceed then current standards for a quality assurance program for DNA analysis, issued by the Director of the Federal Bureau of Investigation (FBI); (2) DNA samples obtained by, and DNA analyses performed at, such laboratory will be accessible only to criminal justice agencies for law enforcement identification purposes, to any defendant for criminal defense purposes, and if identifiable information is removed, for a population statistics database, for identification research and protocol development purposes, or for quality control purposes; and (3) such laboratory and each analyst performing DNA analyses at such laboratory will undergo, at regular intervals of not to exceed 180 days, external proficiency testing by a DNA proficiency testing program meeting the standards issued under this Act. Authorizes appropriations. Requires the Director: (1) within 180 days, to appoint an advisory board on DNA quality assurance methods; and (2) appoint members of the board from among nominations proposed by the head of the National Academy of Sciences and professional societies of crime laboratory officials. Specifies that the advisory board shall: (1) include as members scientists from State and local forensic laboratories, molecular geneticists and population geneticists not affiliated with a forensic laboratory, and a representative from the National Institute of Standards and Technology; and (2) develop, and if appropriate, periodically revise recommended standards for quality assurance, including standards for testing the proficiency of forensic laboratories and forensic analysts in conducting analyses of DNA. Requires: (1) the Director, after taking into consideration such recommended standards, to issue (and periodically revise) standards for quality assurance, including standards for testing the proficiency of forensic laboratories and forensic analysts in conducting DNA analyses; and (2) that such standards specify criteria for quality assurance and proficiency tests to be applied to the various types of DNA analyses used by forensic laboratories and include a system for grading proficiency testing performance to determine whether a laboratory is performing acceptably. Specifies that: (1) until such time as the advisory board has made recommendations to the Director and such Director has acted upon those recommendations, the quality assurance guidelines adopted by the technical working group on DNA analysis methods shall be deemed the Director's standards for purposes of this subtitle; and (2) the board shall cease to exist five years after the initial appointments are made to the board, unless the existence of the board is extended by the Director of the FBI. Authorizes the Director to establish an index of DNA identification records of persons convicted of crimes, analyses of DNA samples recovered from crime scenes, and analyses of DNA samples recovered from unidentified human remains. Specifies that such index may include only information on DNA identification records and analyses that are: (1) based on analyses performed in accordance with publicly available standards that satisfy or exceed specified guidelines for the quality assurance program for DNA analysis; (2) prepared by labs and DNA analysts that undergo regular external proficiency testing; and (3) maintained by Federal, State, and local criminal justice agencies pursuant to rules that restrict disclosure of stored DNA samples and analyses. Makes the exchange of DNA identification records subject to cancellation if the quality control and privacy requirements of this Act are not met. Requires: (1) FBI personnel who perform DNA analyses to undergo, at regular intervals of not to exceed 180 days, external proficiency testing by a DNA proficiency testing program meeting the standards issued pursuant to this Act; and (2) the Director to submit an annual report on the results of such tests to specified congressional committees for five years after the enactment of this Act and arrange for periodic blind external tests to determine the proficiency of DNA analysis performed at the FBI laboratory within one year. Restricts disclosure of DNA tests performed for a Federal law enforcement agency. Sets fines of up to $100,000 for individuals: (1) having access to individually identifiable DNA information indexed in a database created or maintained by any Federal law enforcement agency by virtue of employment of official position who willfully disclose such information to any person or agency not entitled to receive it; and (2) who, without authorization, willfully obtain DNA samples or such individually identifiable DNA information. Authorizes appropriations. Title XIX: Torture Convention - Amends the Federal criminal code to establish penalties for committing or attempting to commit torture outside the United States. Grants jurisdiction over such activity if the alleged offender is: (1) a U.S. national; or (2) present in the United States. Makes this title effective on the latter of the date of enactment of this title or the date the United States has become a party to the Convention Against Torture and Other Cruel, Inhumane or Degrading Treatment or Punishment. Title XX: Technical Provisions - Declares that all the territorial sea of the United States, as defined by Presidential Proclamation 5928 of December 27, 1988: (1) is part of the United States, subject to its sovereignty; and (2) for purposes of Federal criminal jurisdiction, is within the special maritime and territorial jurisdiction of the United States. Sets forth provisions with respect to U.S. jurisdiction over crimes against U.S. nationals on foreign vessels. Establishes criminal penalties for: (1) receiving the proceeds of extortion or kidnapping; (2) receiving the proceeds of a postal robbery; and (3) attempted robbery, kidnapping, smuggling, and malicious mischief. Title XXI: Computer Abuse - Computer Abuse Amendments Act of 1992 - Amends the Computer Fraud and Abuse Act to make it a felony to knowingly transmit an unauthorized program or code that alters the information stored in a computer with the intent to damage the system or information contained within the affected computer or computer system, or to withhold or deny the use of such system or information, if the transmission: (1) occurred without the authorization of the person responsible for the computer system receiving the program; and (2) causes damage exceeding $1,000 in any one-year period or modifies or impairs the medical care of one or more individuals. Makes such offense punishable by a fine and up to five years in prison. Sets forth parallel provisions with respect to recklessly transmitting a destructive computer program or code. Makes such offense a misdemeanor, punishable by a fine and imprisonment for up to one year. Creates a civil cause of action for compensatory or injunctive relief for persons suffering damage or loss by virtue of a violation of this Act. Limits damages to economic damages, except for medical records violations. Sets a statute of limitations of two years from the date of the act complained of, or from the date of discovery of the damage. Requires the Attorney General to report to the Congress annually during the first three years following the date of enactment of this Act concerning prosecutions under this Act. Modifies the prohibition against accessing a Government computer where such conduct affects the use of the Government's operation of such computer to cover only actions that "adversely" affect such use. Title XXII: FBI Subscriber - Amends the Federal criminal code to authorize the Director of the FBI or his designee in a position not lower than Deputy Assistant Director to request: (1) the name, address, length of service, and toll billing records of a person or entity (person) if the Director (or his designee in a position not less than Deputy Assistant Director) certifies in writing to the wire or electronic communication service provider to which the request is made that such information is relevant to an authorized foreign counterintelligence investigation and that there are specific, articulable facts giving reason to believe that the person to whom the information sought pertains is a foreign power or agent (current law does not specify the type of information sought or the position of the designee, and excludes all that follows); and (2) the name, address, and length of service of a person if the Director (or his designee in a position not lower than Deputy Assistant Director) certifies that the information sought is relevant to an authorized foreign counterintelligence investigation and that there are specific, articulable facts giving reason to believe that communication facilities registered in the name of the person have been used through the services of such provider in communication with an individual who is or has been engaged in international terrorism or clandestine intelligence activities, or with a foreign power or agent under circumstances giving reason to believe that the communication concerned international terrorism or clandestine intelligence activities, that involve or may involve a violation of U.S. criminal statutes. Requires the Director to report to the House and Senate Judiciary Committees with respect to semi-annual reports concerning requests for information under such provision.
Bill· HRH.R. 6202 (102nd)referred
United States · United States Congress · 6 October 1992
Medicaid and Department of Veterans Affairs Drug Rebate Amendments of 1992 - Amends title XIX (Medicaid) of the Social Security Act to exclude the prices charged for prescription drugs purchased by the Departments of Defense and Veterans Affairs, the Indian and Public Health Services, or certain federally-funded clinics and public or private nonprofit hospitals from the calculation of best price procurement for purposes of application of Medicaid rebate agreements. Requires an agreement between the Secretary of Health and Human Services and a covered drug manufacturer limiting the purchase price of drugs procured by covered entities (the federally-funded clinics and public or private nonprofit hospitals referred to above). Provides that if the Secretary does not establish a certain mechanism under the Public Health Service Act below: (1) each covered entity must inform the applicable State agency when it seeks reimbursement under Medicaid for covered drugs subject to an agreement (described below); and (2) such State agency must provide a means by which the entity must indicate on any claims form that the drug is subject to such agreement, and not submit to any manufacturer a claim for a rebate payment under Medicaid. Outlines requirements relating to master agreements for drugs procured by the Department of Veterans Affairs and certain other Federal agencies. Revises provisions respecting rebate agreement termination. Provides a new determination of the basic Medicaid rebate for single source and innovator multiple source drugs for specified calendar quarters beginning after September 30, 1992. Directs the Secretary to report to the Congress specified information relating to Medicaid best price changes and rebate payments. Prohibits such reports from containing information or any prescription drug unless the Secretary finds that expenditures for the drug are significant expenditures under the Medicaid drug purchase and rebate program. Amends the Public Health Service Act to require an agreement between the Secretary and a covered drug manufacturer limiting the purchase price of drugs procured by covered entities (the federally-funded clinics and public and private nonprofit hospitals referred to above). Requires covered entities, in order to receive reduced prices, to: (1) take certain steps to avoid duplicative discounts or rebates; (2) refrain from reselling such purchased drug to a person who is not a patient of such entity; and (3) permit audits of records in order to determine agreement compliance. Makes covered entities liable to the manufacturer for the full amount of any reduced price if the Secretary determines agreement noncompliance on the entity's part. Requires the Secretary to: (1) establish a mechanism to ensure that covered entities comply with item (1) in the list above; (2) develop a process for the certification of certain covered entities; (3) establish a prime vendor program under which covered entities may enter into contracts with prime vendors for the distribution of covered outpatient drugs; and (4) notify covered drug manufacturers and single State agencies of the identities of covered entities. Requires the Secretary to study and report to the Congress on whether to include certain clinics as covered entities eligible for prescription drug discounts. Amends Federal veterans' benefit law to require agreements between the Secretary of Veterans Affairs and covered drug manufacturers limiting the purchase price of drugs procured by the Department of Veterans Affairs and certain other Federal agencies. Provides for additional discounts for covered drugs purchased under the depot contracting system or listed on the Federal Supply Schedule. Requires certain manufacturer reports to the Secretary on drug prices. Authorizes the Secretary to audit relevant manufacturer or wholesaler records. Requires the Secretary to supply to the HHS Secretary the name of the manufacturer upon the execution or termination of any master agreement and, on a quarterly basis, a list of manufacturers who have entered into such agreements.
Bill· HRH.R. 6185 (102nd)open
United States · United States Congress · 6 October 1992
Federal Courts Administration Act of 1992 - Title I: Implementation of Federal Courts Study Committee Recommendations - Amends the Federal judicial code to authorize the Supreme Court to prescribe rules for appeal of interlocutory decisions to the courts of appeals. Amends the Federal criminal code to authorize a magistrate judge to: (1) revoke, modify, or reinstate (currently, revoke or reinstate) the probation of a defendant that such judge has sentenced; and (2) modify, revoke, or terminate supervised release of any person sentenced to a term of supervised release by a magistrate judge. Permits a district judge to designate a magistrate judge to conduct hearings to modify, revoke, or terminate supervised release, including evidentiary hearings, and to submit to the judge proposed findings of fact and recommendations for such modification, revocation, or termination by the judge (including, in the case of revocation, a recommended sentence). Directs the magistrate judge to file his or her proposed findings and recommendations. Amends the Federal judicial code to authorize the Chief Justice of the United States, in the public interest, to designate and assign temporarily any circuit judge to act as circuit judge in another circuit upon request by the chief judge or circuit justice of such circuit. (Current law makes no mention of the public interest and authorizes such action upon presentation of a certificate of necessity by the chief judge or circuit justice of the circuit where the need arises.) Title II: Judicial Survivors' Annuities Improvements - Amends the Federal judicial code to authorize judicial officials of the United States (officials) to elect to contribute 2.2 percent of their salary and 3.5 percent of their retirement salary (under current law, five percent of their salary) to the Judicial Survivors' Annuities Fund. Requires an official who is not entitled to receive an immediate retirement salary upon leaving office but who is eligible to receive a deferred retirement salary at a later date to file, within 90 days before leaving office, a written notification of intent to remain within the purview of provisions with respect to the Fund (which shall constitute consent to contribute the 3.5 percent of deferred retirement salary) or be deemed to have revoked the election to participate under such provisions. Provides for the refund of deposits into the Fund for officials who leave office and are ineligible to receive a retirement salary, or who leave office and are entitled to a deferred retirement salary but fail to make an election. Counts as creditable service those years during which an official had deductions withheld from his or her retirement salary. Revises the formula with respect to the computation of the annuity to take into account the number of years during which the official had deductions withheld from his or her retirement salary. Authorizes an official, subject to the terms of a specified decree, court order, or agreement, who ceases to be married after making the election to revoke such election in writing by notifying the Director of the Administrative Office of the U.S. Courts (Administrative Office). Requires such official to also notify any spouse or former spouse of the application for revocation in accordance with such requirements as the Director shall prescribe. Authorizes the Director to provide for waiver of the notification requirement with respect to a spouse or former spouse if such official established to the Director's satisfaction that the whereabouts of such person cannot be determined. Directs the Comptroller General of the United States, at the end of each three-fiscal year period, to determine whether the contributions by officials during such period accounted for 50 percent of the costs of the Fund and if not, what adjustments in the contribution rates should be made to achieve that 50 percent figure. Sets forth reporting requirements. Provides a credit for prior contributions made to the Fund by officials at the higher rate. Permits any official who elects to participate to make a redeposit to the credit of the Fund in installments, in such amounts and under such conditions as may be determined by the Director. Specifies that if an official elects to make a redeposit in installments: (1) the Director shall require that the first installment payment made shall be in an amount no smaller than the last 18 months of salary deductions or deposits previously returned to such official in a lump-sum payment; and (2) the election to participate shall be effective upon payment of the first such installment. Directs the Comptroller General to: (1) conduct an audit of the judicial survivors annuities program for the three-year period beginning on the date of enactment of this Act; and (2) report to the Congress on the results of such audit, comparing such program to other survivors annuities programs within the Federal Government. Title III: Judicial Financial Administration - Amends the Federal judicial code to provide for the award of filing fees in actions brought by the United States, in which the United States prevails (regardless of whether the Government paid the fee upon commencing the action). Revises provisions with respect to the disposition of filing fees. Provides that: (1) of the amounts paid to the clerk of court as a fee or a judgment for costs, $60 shall be deposited into a special fund of the Treasury to offset funds appropriated for the operation and maintenance of U.S. courts; and (2) if the court authorizes a fee or judgment for costs of less than $120, the entire fee, up to $60, shall be deposited into such fund. Title IV: Jury Matters - Permits prospective jurors in Massachusetts to be selected from the resident list provided for under Massachusetts law, rather than from voter lists. Permits reimbursement of grand jurors' actual reasonable costs of air travel to district court pursuant to a summons, under guidelines set by the Judicial Conference, when travel by other means is not feasible and when certified by the chief judge of the district court in which the grand juror serves. Provides permanent authorization for optional use of a one-step summoning and qualification procedure for jury selection. (Current law provides for experimental use of such procedure.) Title V: Miscellaneous - Amends: (1) the Federal judicial code to permit courts of appeals to pretermit any regular session of court at any place for insufficient business or other good cause without the consent of the Judicial Conference, and to transfer the reporting requirement for fees and expenses under the Equal Access to Justice Act from the Director to the Attorney General; (2) the Financial Institutions Regulatory and Interest Rate Control Act of 1978 to eliminate a duplicative reporting requirement; and (3) the Judicial Improvements Act of 1990 to allow the Federal Judicial Center an additional nine months to submit to the Congress and the Judicial Conference the report on its study of intercircuit conflicts and structural alternatives for the Federal Courts of Appeals. Amends the Federal judicial code to authorize the Director to provide for the sale or disposal of recyclable scrap materials held by any entity within the judicial branch, subject to specified requirements. Specifies that a civil action wherein jurisdiction is founded only on diversity of citizenship may be brought only in specified judicial districts, including one in which the defendants are subject to personal jurisdiction at the time the action is commenced (as under current law) if there is no district in which the action may otherwise be brought. Amends the Civil Justice Reform Act of 1990 to require the Director to transmit to the U.S. district courts a summary of each (currently, each) report on the state of each such court's civil and criminal dockets. Provides for the recovery of costs and fees in the U.S. Court of Veterans Appeals under the Equal Access to Justice Act, subject to specified limitations. Title VI: Judiciary Personnel Administration, Benefits, and Protections - Amends the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) to exempt the Judicial Officers' Retirement Fund, the Court of Federal Claims Judges' Retirement Fund, and payments to the Judiciary Trust Funds from reductions under such Act. Authorizes the Federal Judicial Center to: (1) cooperate with and assist Federal agencies and other appropriate organizations in providing information and advice to further improvement in the administration of justice in the courts of foreign countries and to acquire information about judicial administration in foreign countries; and (2) fix compensation of secretarial and clerical personnel without regard to General Schedule pay rates. Title VII: Criminal Administrative Matters - Directs probation and pretrial services officers: (1) when directed by the court and to the degree required by the regimen of care or treatment ordered by the court as a condition of release, to keep informed as to the conduct and provide supervision of persons conditionally released; and (2) to report any violation of such a condition to the court and Attorney General or his designee. Affords Criminal Justice Act attorneys and experts, and community defender organizations, travel and lodging at Government rates. Title VIII: State Justice Institute Reauthorization - Amends the State Justice Institute Act of 1984 to authorize appropriations for the State Justice Institute for FY 1993 through 1996. Authorizes the Institute, upon application by an appropriate State or local (currently, Federal, State, or local) agency or institution and if the arrangement to be made by such agency or institution will provide services which could not be provided adequately through nongovernmental arrangements, to award a grant or enter into a cooperative agreement or contract with a unit of State or local (currently, Federal, State, or local) government other than a court. (Current law also requires the Institute to give priority to specified grants, cooperative agreements, or contracts.) Grants the Institute the authority to enter into contracts with Federal agencies to carry out the purposes of the Act. Title IX: Court of Federal Claims - Court of Federal Claims Technical and Procedural Improvements Act of 1992 - Amends the Federal judicial code to change the name of the U.S. Claims Court to the U.S. Court of Federal Claims (Claims Court). Extends to Claims Court judges the same treatment afforded to other Federal trial judges with respect to earned military retirement pay. Makes technical and conforming amendments regarding the recall of a senior Claims Court judge. Authorizes: (1) Claims Court judges to hire the same number of law clerks as U.S. district court judges; (2) the Claims Court to hold court throughout the United States, including its territories and possessions (currently, court may only be held in the District of Columbia (DC) and in four locations outside DC); (3) the chief judge of the Claims Court to issue an order authorizing a judge of such court to conduct proceedings in a foreign country whose laws do not prohibit such proceedings, with exceptions; and (4) the Federal Circuit to permit an appeal from an order of the chief judge of the Claims Court with respect to such proceedings. Amends the Contract Disputes Act of 1978 to provide that: (1) if the certification of a claim under such Act is technically defective, a court or agency board of contract appeals may permit the certification to be corrected at any time prior to a final decision by the court of agency board of contract appeals unless the failure to properly certify in the first instance was fraudulent, in bad faith, or with reckless or grossly negligent disregard of the requirements of the relevant statutes or regulations; and (2) if the contracting officer did not challenge the validity of the certification and the court or agency board of contract appeals permits the defective certification to be corrected under such provision, interest shall accrue on the claim from the date the claim was first submitted to the contracting officer. Authorizes the award of costs whenever an action is dismissed in the Claims Court for lack of jurisdiction. Makes applicable to the Claims Court provisions pertaining to costs, witness fees, forma pauperis proceedings, and counsel's liability for excessive costs which are currently applicable to other Federal trial courts. Grants the Claims Court specified power to punish contempt of its authority and to have such assistance in carrying out its orders as is available to other Federal courts. Specifies that the U.S. marshal for any district in which the Claims Court is sitting shall, when requested by the chief judge of such court, attend any session of the court in such district. Title X: Additional Provisions - Amends the Victims of Crime Act of 1984 to repeal provisions regarding: (1) the distribution of excess amounts in the Crime Victims Fund; and (2) time limits on deposits into the Fund. Modifies the formula regarding the availability of funds for expenditure and grant program percentages applicable to the Fund. Amends the Federal criminal code to authorize a district court to direct that information not be collected, verified, or reported on individuals charged with Class A misdemeanors. Amends the Federal criminal code to define the term "international terrorism" to include activities that: (1) involve violent acts that are a violation of Federal or State laws, or that would be a criminal violation if committed within the jurisdiction of the United States or of any State; (2) appear to be intended to intimidate or coerce a civilian population, influence the policy of a government by intimidation or coercion, or affect the conduct of a government by assassination or kidnapping; and (3) occur primarily outside U.S. territorial jurisdiction or transcend national boundaries. Authorizes any U.S. national injured in his or her person, property, or business by reason of an act of international terrorism to bring a civil action in U.S. district court and recover treble damages and the cost of the suit, including attorney's fees. Specifies that a final judgment or decree rendered in favor of the United States in certain classes of criminal proceedings (such as those involving the murder of a foreign official, kidnapping, hostage taking, killing of a U.S. national, or an aircraft piracy-related offense) or in favor of any foreign state in a criminal proceeding to the extent that such judgement or decree may be accorded full faith and credit under U.S. law shall estop the defendant from denying the essential allegations of the criminal offense in a subsequent civil proceeding under this title. Sets forth provisions with respect to jurisdiction and venue for, and limitation of, such civil actions. Title XI: Effective Date - Makes the provisions of this Act effective January 1, 1993, with exceptions. Specifies that all sums expended pursuant to this Act shall be subject to the availability of appropriations.
Law· HRH.R. 6187 (102nd)enacted
United States · United States Congress · 6 October 1992
International Narcotics Control Act of 1992 - Amends the Foreign Assistance Act of 1961 to authorize appropriations for international narcotics control for FY 1993 and 1994. Exempts maritime law enforcement operations in archipelagic waters from a prohibition on U.S. participation in foreign police actions. Makes a prohibition on the use of narcotics control funds for the procurement of weapons or ammunition inapplicable (subject to congressional notification requirements) to: (1) weapons or ammunition for the defensive arming of aircraft used for narcotics control purposes; or (2) firearms and related ammunition provided to Department of State employees for narcotics control activities. Requires the President (currently, the Secretary of State) to maintain records on aircraft use under this title. Authorizes foreign military financing assistance under the Arms Export Control Act to be made available to finance the leasing of aircraft. Permits the use of narcotics control assistance to acquire land or real property for foreign military or law enforcement forces through leases of up to two years. (Current law prohibits the use of such assistance for such acquisitions by any means.) Prohibits the use of such funds (over a specified amount) for construction of facilities for use by such forces unless the President notifies the appropriate congressional committees. Revises congressional reporting and certification requirements with respect to international narcotics control. Amends the International Narcotics Control Act of 1989 to make certain dollar limitations on law enforcement assistance for Bolivia, Colombia, and Peru inapplicable on this Act's enactment date. Repeals obsolete provisions of specified Acts. Makes prohibitions on the provision of assistance to foreign law enforcement agencies inapplicable, during FY 1993 and 1994, to: (1) transfers of defense articles and services for counternarcotics purposes; and (2) foreign military financing and international military education and training for narcotics-related purposes. Makes provisions of law that restrict assistance to countries inapplicable with respect to narcotics-related assistance, provided that the President notifies the appropriate congressional committees. Authorizes the transfer of excess defense articles to major drug-transit countries. Prohibits the transfer of excess defense articles for conservation and wildlife management purposes or for modernization of military capability to any major illicit drug producing country or drug-transit country in Latin America or the Caribbean. Excludes construction equipment from the definition of "excess defense articles" for purposes of restricting the transfer of such equipment to foreign countries. Authorizes military education and training for civilian personnel from other than ministries of defense if such education and training would contribute to cooperation between military and law enforcement personnel with respect to counternarcotics law enforcement. Amends the Export-Import Bank Act of 1945 to prohibit the Bank from guaranteeing, insuring, or participating in an extension of credit in connection with sales of defense articles or services to any country (currently, countries designated under a section of the Internal Revenue Code as economically less developed countries). Exempts from such prohibition articles or services sold before September 30, 1997. Adds to the list of criteria required for approval of such financing that the President determines that the purchasing country has complied with restrictions concerning end use of such articles or services and has not used them to engage in human rights violations.
Law· HRH.R. 6180 (102nd)enacted
United States · United States Congress · 6 October 1992
Telecommunications Authorization Act of 1992 - Title I: National Telecommunications and Information Administration - Part A: Organization and Functions - National Telecommunications and Information Administration Organization Act - Provides statutory authorization for the establishment within the Department of Commerce (DOC) of the National Telecommunications and Information Administration (NTIA). Directs the Secretary of Commerce to: (1) assign to the Assistant Secretary for Communications and Information (of DOC) and NTIA responsibility for the performance of the Secretary's communications and information functions; and (2) submit annual reports to the President pursuant to the Communications Satellite Act of 1962. Requires the Secretary and the NTIA to amend the Department of Commerce spectrum management document entitled "Manual of Regulations and Procedures for Federal Radio Frequency Management" to improve Federal spectrum management activities and publish any changes in regulations in the Federal Register. Sets forth requirements for such amendments, including requirements that provide for availability of information to the public. Requires the Secretary to certify compliance with such requirement to the Congress. Directs the Secretary, in assigning frequencies for mobile and other radio services, to promote efficient and cost-effective use of the spectrum. Authorizes the Secretary to withhold or refuse to assign frequencies for such services to further the goals of efficiency and cost-effectiveness. Requires the Secretary to implement and report to the Senate Committee on Commerce, Science, and Transportation and the House Committee on Energy and Commerce on a plan requiring Federal agencies with mobile radio systems to use more spectrum-efficient technologies. Authorizes the Secretary to reassign to another DOC unit a function required to be assigned to NTIA by this Act, subject to specified limitations. Part B: Special and Temporary Provisions - Authorizes appropriations for NTIA administration for FY 1992 and 1993. Amends the Communications Act of 1934 to extend the authorization of appropriations for the National Endowment for Children's Educational Television through FY 1994. Extends the authorization of appropriations for acquisition of satellite space segment capacity and equipment to provide communications services for the Pan-Pacific Educational and Cultural Experiments by Satellite Program (PEACESAT) program. Directs the Secretary to establish an advisory panel to develop recommendations for the improvement of rural health care through the collection of information needed by providers and the improvement in the use of communications to disseminate such information. Authorizes appropriations. Requires the NTIA to report to the House Committee on Energy and Commerce and the Senate Committee on Commerce, Science, and Transportation on the role of telecommunications in hate crimes and violent acts against ethnic, religious, and racial minorities. Title II: Federal Communications Commission - Amends the Communications Act of 1934 to extend the authorization of appropriations for travel reimbursements by the Federal Communications Commission (FCC) through FY 1994. Amends the Federal Communications Commission Authorization Act of 1988 to extend an authorization to expend funds for a monitoring station in Hawaii through FY 1994. Amends the Communications Act of 1934 to repeal provisions that require the operation of all broadcasting station transmitting apparatus by a person holding an operator's license (thus allowing the FCC to permit broadcasters to substitute automated technology for human operators). Extends the time period for permitting licensee forfeitures in certain situations. Authorizes the FCC, for purposes of providing radio club and military-recreational call signs, to utilize the voluntary and uncompensated services of tax-exempt amateur radio organizations. Adds charges for low-earth orbit satellite systems to the Schedule of Charges. Reduces Schedule fees for inspection of vessels under the Great Lakes Agreement. Makes nonlicensee radio tower owners who have violated tower maintenance requirements subject to forfeiture liability if they have received previous notice of such obligations. Bars FCC approval of the assignment or transfer of control of a television broadcast license without a prior hearing if the license holder is a corporation owned or organized pursuant to the Alaska Native Claims Settlement Act and the transfer was approved on November 14, 1985. Provides for waivers of such requirement at the request of a corporation. Amends the Federal Communications Commission Authorization Act of 1988 to extend through FY 1993 the FCC's authorization to make grants to and agreements with nonprofit organizations to utilize older Americans in FCC programs. Removes a condition on the Older Americans Program that requires a certification that a grant or agreement will not result in filling a position without public announcement of availability and in accordance with regular employment procedures. Directs the FCC to make efforts to reduce telephone rates for armed forces personnel in specified foreign countries. Requires the FCC to initiate a rulemaking and adopt a standard for AM radio stereophonic transmitting equipment that specifies the composition of the transmitted signal.
Bill· HRH.R. 6203 (102nd)referred
United States · United States Congress · 6 October 1992
Amends title XVI (Supplemental Security Income) of the Social Security Act to extend supplemental security income benefits to all otherwise eligible children of military personnel stationed overseas.
Bill· SS. 3346 (102nd)referred
United States · United States Congress · 5 October 1992
Persian Gulf War Veterans' Health Status Act - Directs the Secretary of Veterans Affairs to establish and maintain a special record to be known as the Persian Gulf War Veterans Health Registry containing health status information with respect to individuals who served as members of the armed forces in the Persian Gulf theater of operations during the Persian Gulf War. Requires claims for compensation due to ill health to be included within such Registry. Requires the Registry's information to be collected and maintained so as to enable easy cross-reference with a Registry for the Department of Defense established under this Act. Directs the Secretary to notify individuals in the Registry from time to time on significant developments in research on the health consequences of such military service during such War. Directs the Secretary to provide a health examination, consultation, and counseling to any veterans eligible for listing or inclusion in the Registry. Authorizes the Secretary to provide such examination, consultation, and counseling to any veteran eligible for listing or inclusion in any other similar health-related registry administered by the Secretary. Amends the National Defense Authorization Act for Fiscal Years 1992 and 1993 to direct the Secretary of Defense to establish a special record for members of the armed forces who served in Operation Desert Storm during the Persian Gulf War or who were exposed to the fumes of burning oil there. Requires such Secretary to establish such record with the advice of an independent scientific organization. Requires the Director of the Office of Technology Assessment to undertake a study making certain assessments with respect to the Registry and its utility and effectiveness in serving the needs of members serving in the Persian Gulf War. Directs each Secretary to provide the Director with access to required information in carying out such study. Requires reports to the Congress by the Director. Directs each Secretary to jointly seek to enter into an agreement with the Medical Follow-Up Agency (MFUA) of the National Academy of Sciences to review existing medical, scientific, and other information on the health consequences of military service in the Persian Gulf theater during such War. Permits MFUA, in conducting the review, to examine and evaluate the medical records of individuals included in the Registry and special record in order to identify illnesses. Requires such agreement to be entered into within 180 days after enactment of this Act. Requires the Academy to report to each Secretary and specified congressional committees on the results of the review carried out under the joint agreement. Requires each Secretary to provide amounts from their respective Department's FY 1993 funding to carry out the review. Provides that, if an agreement is reached with the Academy, each Secretary shall provide the Academy with funds in each of FY 1994 through 2003 for conducting epidemiological research with respect to military and veteran populations. Directs the President to designate (with authorized redesignation from time to time) the head of an appropriate Federal department or agency to coordinate all research activities undertaken by the executive branch on the health consequences of military service in the Persian Gulf theater of operations during such War. Requires the department or agency head so chosen to report annually to the Senate and House Veterans' Affairs Committees on the status and results of all such research activities during the previous year.
Bill· SS. 3349 (102nd)open
United States · United States Congress · 5 October 1992
Title I: Child Protection - National Child Protection Act of 1992 - Establishes a national criminal background check system (system) to which a designated agency in each State is required to report child abuse crime information, or index such information in the system, for purposes of background checks of child care providers. Directs the Attorney General to establish: (1) guidelines for the reporting of such information; and (2) timetables for each State to report such information to the system (with a three-year deadline for all States to be reporting at a specified level of currency). Requires State agencies to maintain close liaison for the exchange of technical assistance in cases of child abuse with the National Center: (1) on Child Abuse and Neglect; (2) for Missing and Exploited Children; and (3) for the Prosecution of Child Abuse. Directs the Attorney General to publish annually: (1) a statistical summary of the child abuse crime information reported under this title; and (2) a summary of each State's progress in reporting child abuse crime information to the system. Requires the Administrator of the Office of Juvenile Justice and Delinquency Prevention to conduct a study to determine various factors relating to potential child abuse crimes and offenders, based on a statistically significant sample of convicted child abuse offenders and other relevant information. Requires a report on such study to be submitted to specified congressional committee officials. Authorizes a State to have in effect procedures to permit a qualified entity (i.e., a business or organization that provides child care or child care placement services, or that certifies others to provide such care or services) to contact a State agency to request a nationwide background check to determine if a child care provider is under indictment for, or has been convicted of, a background check crime. Directs the Attorney General to establish: (1) guidelines for State background check procedures, but permits the Attorney General to certify that a State procedure is equivalent to that under this title under specified circumstances; and (2) criteria for such certifications. Authorizes the Attorney General to: (1) prescribe such other measures as may be required to carry out the purposes of this title; and (2) encourage the use of the best technology available in conducting background checks. Amends the Omnibus Crime Control and Safe Streets Act of 1968 (Omnibus Act) to provide for the use of drug control and system improvement grants for the improvement of State record systems and the sharing of records of child abuse crime information to implement this title. Directs the Attorney General, subject to appropriations and with preference to States that have the lowest percent currency of case dispositions in computerized criminal history files, to make additional grants to each State to be used, for purposes of this title: (1) for the computerization of criminal history files; (2) for the improvement of existing computerized criminal history files; (3) to improve accessibility to the system; and (4) to assist the State in the transmittal of criminal records to, or the indexing of criminal history records in, the system. Authorizes: (1) appropriations; and (2) the withholding of a portion of the allocation for a fiscal year under the Omnibus Act to a State that is not in compliance with the timetable established under this title. Title II: Notification of Release of Prisoners - Requires the Bureau of Prisons, at least five days prior to the release of a prisoner convicted of a drug trafficking crime or crime of violence on supervised release (or, in the case of a prisoner on supervised release, at least five days prior to the date on which the prisoner changes residence to a new jurisdiction), to provide written notice of the release (or change of residence) to the chief law enforcement officer of the State and of the local jurisdiction in which the prisoner will reside, with exceptions. Specifies that, in the case of a prisoner convicted of an offense committed prior to November 1, 1987, the reference to supervised release in such provision shall be deemed to be a reference to probation or parole. Title III: Bail Posting Reporting - Illegal Drug Profits Act of 1991 - Requires each clerk of a Federal or State criminal court to: (1) report to the Internal Revenue Service the name and taxpayer identification number of any individual charged with a criminal offense who posts cash bail, or on whose behalf cash bail is posted, in an amount exceeding $10,000, and any individual or entity posting such cash bail for or on behalf of such individual; and (2) submit a copy of each report of cash bail to the offices of the U.S. Attorney and of the local prosecuting attorney for the jurisdiction in which the defendant resides (and the jurisdiction in which the criminal offense occurred, if different). Directs the Secretary of the Treasury to promulgate such regulations as are necessary within 90 days of the enactment of this Act. Title IV: Insurance Fraud - Amends the Federal criminal code to establish penalties for persons engaged in the business of insurance whose activities affect commerce, who: (1) knowingly make a materially false statement or report or willfully overvalue land, property, or security in connection with reports or documents presented to an insurance regulatory official or agency, or to any agent or examiner (official) appointed to examine the affairs of such person for the purpose of influencing in any way the actions of such official; (2) willfully embezzle or misappropriate funds or property while acting as an officer, director, agent, or employee (officer) of such person; (3) knowingly make a false entry of material fact in any book, report, or statement of such person with intent to deceive any person, or to deceive any officer of such person or any insurance regulatory official, about the financial condition or solvency of such business; and (4) by threats or force, corruptly influences, obstructs, or endeavors corruptly to influence or obstruct the proper administration of the law under which a proceeding (involving the business of insurance whose activities affect interstate commerce) is pending before an insurance regulatory official to examine the affairs of such person. Authorizes the Attorney General to seek civil penalties and injunctions for violations of this title. Sets penalties for obstructing criminal investigations with respect to the prosecution of cases of insurance fraud. Title V: Art Theft - Establishes penalties for the theft of major art works from museums. Title VI: Trafficking in Counterfeit Goods - Increases penalties for trafficking in counterfeit goods and services. Title VII: Crime Victims - Victims' Rights and Restitution Act of 1992 - Amends the Victims of Crime Act of 1984, as amended, to eliminate the cap on the crime victims fund. Title VIII: Sentencing Provisions - Amends the Federal criminal code to allow the court, in determining the sentence to be imposed in the case of a violation of probation or supervised release, to consider guidelines or policy statements issued by the Sentencing Commission. Authorizes the court to resentence a defendant who violates a condition of probation at any time prior to the expiration or termination of the term of probation. Directs the court to revoke: (1) probation or supervised release and require the defendant to serve a term of imprisonment (with respect to supervised release, up to the maximum authorized) if the court finds the defendant to be in unlawful possession of a controlled substance or firearm or otherwise in violation of a condition of probation or supervised release, or if the defendant refuses to cooperate in drug testing (thereby violating such a condition); and (2) a term of supervised release and require the defendant to serve in prison all or part of the term of release authorized by statute for the offense that resulted in such term, without credit for time previously served on post-release supervision, if the court finds by a preponderance of the evidence that the defendant violated a condition of supervised release, subject to specified limitations. Authorizes the court to include a requirement that the defendant be placed on supervised release after imprisonment when a term of supervised release is revoked and the defendant is required to serve a term of imprisonment less than the maximum authorized. Specifies that the length of such a term of release shall not exceed that authorized by statute for the offense of which the defendant was convicted, minus any term of imprisonment that was imposed upon revocation of supervised release. Specifies that the power of the court to revoke a term of supervised release for violation of a condition of such release, and to order the defendant to serve a term of imprisonment and, subject to certain limitations, a further term of supervised release, extends beyond the expiration of the term of release for a period reasonably necessary for the adjudication of matters arising before its expiration if, prior to such expiration, a warrant or summons has been issued on the basis of an allegation of such a violation. Title IX: Sentencing and Magistrates Amendments - Amends the Federal criminal code to: (1) authorize probation for a petty offense if the defendant has been sentenced to a term of imprisonment at the same time for another such offense; (2) make an exception for petty offenses to the rule (under current law) that a person charged with a misdemeanor may elect to be tried before a judge of the district court for the district in which the offense was committed; (3) authorize the magistrate judge, in a petty offense case involving a juvenile, to exercise all powers granted to the district court; and (4) authorize a magistrate judge who has sentenced a person to a term of supervised release to revoke or modify the term or conditions of such release. Title X: Attorneys' Fees Reimbursement Act - Amends the Federal judicial code to provide for the reimbursement of attorney's fees for current and former employees of the Department of Justice or the Federal public defender who were the subject of a criminal or disciplinary investigation related to such employee's discharge of official duties, where the investigation resulted in neither disciplinary action nor a criminal indictment against such employee. Requires the official making the award of reimbursement to make an inquiry into the reasonableness of sum requested, based on specified guidelines. Title XI: Precursor Chemicals Act - Chemical Control Amendments Act of 1992 - Amends the Comprehensive Drug Abuse Prevention and Control Act of 1970 (Comprehensive Act) to: (1) replace references to "listed precursor chemicals" with "list I chemicals" and "listed essential chemicals" with "list II chemicals"; and (2) revise the definition of "regulated person" to include individuals who act as brokers or traders for international transactions involving a listed chemical, tabulating machine, or encapsulating machine. Redefines "regulated transaction" to: (1) include international transactions which do not involve the importation or exportation of a listed chemical into or out of the United States if a broker or trader located in the United States participates in the transaction; (2) include, in the case of a listed chemical that is contained in a drug that may be marketed or distributed lawfully in the United States under the Federal Food, Drug, and Cosmetic Act, transactions involving ephedrine or any other listed chemical which the Attorney General may designate as not subject to exemption after finding that such action would prevent diversion and the total quantity of such chemical included in the transaction equals or exceeds the threshold established for that chemical by the Attorney General; and (3) exclude any transaction in a chemical mixture (current law) which the Attorney General has designated as exempt based on a finding that the mixture is formulated in such a way that it cannot be easily used in the illicit production of a controlled substance and that the listed chemical or chemicals contained in the mixture cannot be readily recovered. Directs the Attorney General to: (1) remove from exemption a drug or group of drugs (drug) that the Attorney General finds is being diverted to obtain a listed chemical for use in the illicit production of a controlled substance, based on: the scope, duration, and significance of the diversion; whether the drug is formulated in such a way that it cannot be easily used in such illicit production; and whether the listed chemical can be readily recovered from the drug; removed from exemption to the most particularly identifiable type of drug for which evidence of diversion exists unless there is evidence, be limited to that particular drug. Sets forth procedures, and factors to be considered, with respect to reinstatement of the exemption for particular drug products. Requires every person who manufactures or distributes, or who proposes to engage in the manufacture or distribution of, a list I chemical to obtain annually a registration issued by the Attorney General, with exceptions. Authorizes and directs the Attorney General to register an applicant to distribute a list I chemical unless he determines that the issuance of such registration is inconsistent with the public interest, taking into consideration the following factors: (1) maintenance by the applicant of effective controls against diversion of listed chemicals into other than legitimate channels; (2) compliance by the applicant with applicable Federal, State, and local law; (3) any prior conviction record of the applicant under Federal or State laws relating to controlled substances or chemicals; (4) any past experience in the manufacture and distribution of chemicals; and (5) such other factors as may be relevant to and consistent with the public health and safety. Makes provisions with respect to: (1) the denial, revocation, and suspension of registration relating to the manufacture, distribution, or dispensation of controlled substances explicitly applicable to list I chemicals; (2) person required to register applicable to importers and exporters of such chemicals. Directs the Attorney General to register an applicant to import or export a list I chemical unless he determines that the issuance of such registration is inconsistent with the public interest specifies that that such registration shall not be required for the import or export of certain exempted drug products. Makes it unlawful for a regulated person to distribute, import, or export a list I chemical without the registration required under the Comprehensive Act. Requires each regulated person who manufactures a listed chemical to report annually to the Attorney General information concerning listed chemicals manufactured by such regulated person with exceptions. Makes a person located in the United States who is a broker or trader for an international transaction in a listed chemical which is a regulated transaction solely because of that person's involvement as a broker or trader with respect to that transaction subject to all of the notification, reporting, record-keeping, and other requirements placed upon exporters of listed chemicals by the Comprehensive Act. Authorizes the Attorney General to: (1) require that the 15-day notification requirement with respect to the importation and exportation of listed chemicals apply to all exports of a specific listed chemical to a specified country, regardless of the status of certain customers in such country as "regular customers," if the Attorney General finds that such notification is necessary to support effective chemical diversion control programs or is required by treaty or other international agreement to which the United States is a party; and (2) waive the 15-day notification requirement for exports of a specific listed chemical to specified country, and for the importation of a specific listed chemical, if such notification is not required for effective chemical diversion control, subject to specified requirements. Establishes penalties for: (1) exporting, or serving as a broker or trader for an international transaction involving, a listed chemical, knowing or having reasonable cause to believe that the chemical will be used to manufacture a controlled substance in violation of the laws of the country to which the chemical is exported; (2) importing or exporting a listed chemical with intent to evade reporting or record-keeping requirements under the Comprehensive Act by falsely representing to the Attorney General that the importation or exportation qualifies for a waiver of the notification requirement by misrepresenting either the actual country of final destination of the listed chemical or the actual listed chemical being imported or exported; and (3) importing or exporting a listed chemical in violation of provisions regarding persons required to register and regarding brokers and traders for international transactions in listed chemicals that are regulated transactions solely because of such persons' involvement as brokers or traders. Amends list I to add benzaldehyde and nitroethane, and delete D-lysergic acid, N-ethylephedrine, and N-ethylpseudoephedrine. Eliminates "regular supplier" status and creates "regular importer" status. Modifies the definition of "controlled premises" to include places where listed chemicals or records relating to the manufacture, distribution, or disposition of listed chemicals are maintained. Permits officers or employees designated by the Attorney General to inspect, and inventory any stock of, listed chemicals, subject to specified requirements. Makes it a felony for a person who possesses a listed chemical with intent that it be used in the illegal manufacture of a controlled substance to manage the listed chemical or waste from such manufacture other than as required under the Solid Waste Disposal Act. Specifies that, in addition to any penalty that may be imposed for the illegal manufacture, possession, or distribution of a listed chemical or toxic residue of a clandestine laboratory, a person who violates such prohibition shall be assessed costs of the initial cleanup and disposal of the listed chemical and contaminated property and the cost of restoring property damaged by exposure to such chemical. Expands forfeiture provisions to include: (1) moneys and proceeds traceable to exchanges for listed chemicals; and (2) listed chemicals and drug manufacturing equipment imported, exported, manufactured possessed, distributed, or intended to be distributed, imported, or exported, in violation of specified provisions (currently, felony provisions) of the Comprehensive Act. Title XII: Restitution Improvement Act - Amends the Federal criminal code to authorize the court when sentencing a defendant convicted of an offense under the code or under specified provisions of the Federal Aviation Act of 1958, to require such defendant to reimburse the victim for necessary child care, transportation, and other expenses related to participation in the investigation or prosecution of, or attendance at proceedings related to, the offense. Title XIII: Parental Kidnapping - International Parental Kidnapping Crime Act of 1992 - Amends the Federal criminal code to establish penalties for removing a child from, or retaining a child outside, the United States with intent to obstruct the lawful exercise of parental rights. Makes it an affirmative defense that the defendant: (1) acted within the provisions of a valid court order granting the defendant legal custody or visitation rights, and that such order was obtained pursuant to the Uniform Child Custody Jurisdiction Act and was in effect at the time of the offense; (2) was fleeing an incidence or pattern of domestic violence; and (3) had physical custody pursuant to a court order granting legal custody or visitation rights and failed to return the child as a result of circumstances beyond the defendant's control, and the defendant notified or made reasonable attempts to notify the other parent or lawful custodian of the child of such circumstances within 24 hours after the visitation period had expired and returned the child as soon as possible. Expresses the sense of the Congress that, inasmuch as use of the procedures under the Hague Convention of the Civil Aspects of International Parental Child Abduction has resulted in the return of many children, those procedures (where applicable) should be the option of first choice for a parent who seeks the return of a child who has been removed from the parent. Authorizes appropriations to carry out (under the State Justice Institute Act of 1984) national, regional, and in-State training and educational programs dealing with criminal and civil aspects of interstate and international parental child abduction. Title XIV: Mail Fraud Extension - Extends mail fraud provisions under the Federal criminal code to cover private or commercial interstate carriers. (Current provisions apply only to frauds perpetrated with respect to matter to be sent or delivered through the U.S. Postal Service.) Title XV: Forfeiture Audit Requirement - Amends the Federal judicial code to direct the Attorney General to: (1) require that any State or local law enforcement agency receiving Federal asset forfeiture funds conduct an annual audit detailing the uses and expenses to which the funds were dedicated and the amount used for each use or expense, and report the results to the Attorney General; and (2) include within the Attorney General's report to the Congress all such annual audit reports from State and local law enforcement agencies and a report for such fiscal year describing the administrative and contracting expenses paid from the Department of Justice Assets Forfeiture Fund. Title XVI: Receipt of Stolen Property Amendments - Amends the Federal criminal code to provide that, whenever in the code an element of an offense is that property was embezzled, robbed, stolen, converted, taken, altered, counterfeited, falsely made, forged, or obliterated (stolen) and the defendant knew that the property was of such character, such element may be established by proof that the defendant, after or as a result of an official representation as to the nature of the property, believed the property to be stolen. Title XVII: Telemarketing Fraud - Consumer Protection Against Credit Card Fraud Act of 1992 - Amends the Federal criminal code to establish penalties for knowingly and with intent to defraud: (1) effecting transactions with one or more access devices (ADs) issued to another person to receive payment or any other thing of value during any one-year period the aggregate value of which is equal to or greater than $1,000; (2) without the authorization of the issuer of the AD, soliciting a person for the purpose of offering, or selling information regarding or an application to obtain, an AD; or (3) without the authorization of the credit card system member or its agent, causing or arranging for another person to present to the member or its agent for payment evidence or records of transactions made by an AD. Title XVIII: DNA Testing - DNA Identification Act of 1992 - Amends the Omnibus Act to authorize the use of drug control and system improvement grants to develop or improve in a forensic laboratory a capability to analyze deoxyribonucleic acid (DNA) for identification purposes. Requires State applications for grant funds to certify, if any part of such grant is to be used to develop or improve a DNA analysis capability in a forensic laboratory, that: (1) DNA analyses performed at such laboratory will satisfy or exceed then current standards for a quality assurance program for DNA analysis, issued by the Director of the Federal Bureau of Investigation (FBI); (2) DNA samples obtained by, and DNA analyses performed at, such laboratory will be accessible only to criminal justice agencies for law enforcement identification purposes, to any defendant for criminal defense purposes, and if identifiable information is removed, for a population statistics database, for identification research and protocol development purposes, or for quality control purposes; and (3) such laboratory and each analyst performing DNA analyses at such laboratory will undergo, at regular intervals of not to exceed 180 days, external proficiency testing by a DNA proficiency testing program meeting the standards issued under this Act. Authorizes appropriations. Requires the Director: (1) within 180 days, to appoint an advisory board on DNA quality assurance methods; and (2) appoint members of the board from among nominations proposed by the head of the National Academy of Sciences and professional societies of crime laboratory officials. Specifies that the advisory board shall: (1) include as members scientists from State and local forensic laboratories, molecular geneticists and population geneticists not affiliated with a forensic laboratory, and a representative from the National Institute of Standards and Technology; and (2) develop, and if appropriate, periodically revise recommended standards for quality assurance, including standards for testing the proficiency of forensic laboratories and forensic analysts in conducting analyses of DNA. Requires: (1) the Director, after taking into consideration such recommended standards, to issue (and periodically revise) standards for quality assurance, including standards for testing the proficiency of forensic laboratories and forensic analysts in conducting DNA analyses; and (2) that such standards specify criteria for quality assurance and proficiency tests to be applied to the various types of DNA analyses used by forensic laboratories and include a system for grading proficiency testing performance to determine whether a laboratory is performing acceptably. Specifies that: (1) until such time as the advisory board has made recommendations to the Director and such Director has acted upon those recommendations, the quality assurance guidelines adopted by the technical working group on DNA analysis methods shall be deemed the Director's standards for purposes of this subtitle; and (2) the board shall cease to exist five years after the initial appointments are made to the board, unless the existence of the board is extended by the Director of the FBI. Authorizes the Director to establish an index of DNA identification records of persons convicted of crimes, analyses of DNA samples recovered from crime scenes, and analyses of DNA samples recovered from unidentified human remains. Specifies that such index may include only information on DNA identification records and analyses that are: (1) based on analyses performed in accordance with publicly available standards that satisfy or exceed specified guidelines for the quality assurance program for DNA analysis; (2) prepared by labs and DNA analysts that undergo regular external proficiency testing; and (3) maintained by Federal, State, and local criminal justice agencies pursuant to rules that restrict disclosure of stored DNA samples and analyses. Makes the exchange of DNA identification records subject to cancellation if the quality control and privacy requirements of this Act are not met. Requires: (1) FBI personnel who perform DNA analyses to undergo, at regular intervals of not to exceed 180 days, external proficiency testing by a DNA proficiency testing program meeting the standards issued pursuant to this Act; and (2) the Director to submit an annual report on the results of such tests to specified congressional committees for five years after the enactment of this Act and arrange for periodic blind external tests to determine the proficiency of DNA analysis performed at the FBI laboratory within one year. Restricts disclosure of DNA tests performed for a Federal law enforcement agency. Sets fines of up to $100,000 for individuals: (1) having access to individually identifiable DNA information indexed in a database created or maintained by any Federal law enforcement agency by virtue of employment of official position who willfully disclose such information to any person or agency not entitled to receive it; and (2) who, without authorization, willfully obtain DNA samples or such individually identifiable DNA information. Authorizes appropriations. Title XIX: Torture Convention - Amends the Federal criminal code to establish penalties for committing or attempting to commit torture outside the United States. Grants jurisdiction over such activity if the alleged offender is: (1) a U.S. national; or (2) present in the United States. Makes this title effective on the latter of the date of enactment of this title or the date the United States has become a party to the Convention Against Torture and Other Cruel, Inhumane or Degrading Treatment or Punishment. Title XX: Technical Provisions - Declares that all the territorial sea of the United States, as defined by Presidential Proclamation 5928 of December 27, 1988: (1) is part of the United States, subject to its sovereignty; and (2) for purposes of Federal criminal jurisdiction, is within the special maritime and territorial jurisdiction of the United States. Sets forth provisions with respect to U.S. jurisdiction over crimes against U.S. nationals on foreign vessels. Establishes criminal penalties for: (1) receiving the proceeds of extortion or kidnapping; (2) receiving the proceeds of a postal robbery; and (3) attempted robbery, kidnapping, smuggling, and malicious mischief. Title XXI: Computer Abuse - Computer Abuse Amendments Act of 1992 - Amends the Computer Fraud and Abuse Act to make it a felony to knowingly transmit an unauthorized program or code that alters the information stored in a computer with the intent to damage the system or information contained within the affected computer or computer system, or to withhold or deny the use of such system or information, if the transmission: (1) occurred without the authorization of the person responsible for the computer system receiving the program; and (2) causes damage exceeding $1,000 in any one-year period or modifies or impairs the medical care of one or more individuals. Makes such offense punishable by a fine and up to five years in prison. Sets forth parallel provisions with respect to recklessly transmitting a destructive computer program or code. Makes such offense a misdemeanor, punishable by a fine and imprisonment for up to one year. Creates a civil cause of action for compensatory or injunctive relief for persons suffering damage or loss by virtue of a violation of this Act. Limits damages to economic damages, except for medical records violations. Sets a statute of limitations of two years from the date of the act complained of, or from the date of discovery of the damage. Requires the Attorney General to report to the Congress annually during the first three years following the date of enactment of this Act concerning prosecutions under this Act. Modifies the prohibition against accessing a Government computer where such conduct affects the use of the Government's operation of such computer to cover only actions that "adversely" affect such use. Title XXII: FBI Subscriber - Amends the Federal criminal code to authorize the Director of the FBI or his designee in a position not lower than Deputy Assistant Director to request: (1) the name, address, length of service, and toll billing records of a person or entity (person) if the Director (or his designee in a position not less than Deputy Assistant Director) certifies in writing to the wire or electronic communication service provider to which the request is made that such information is relevant to an authorized foreign counterintelligence investigation and that there are specific, articulable facts giving reason to believe that the person to whom the information sought pertains is a foreign power or agent (current law does not specify the type of information sought or the position of the designee, and excludes all that follows); and (2) the name, address, and length of service of a person if the Director (or his designee in a position not lower than Deputy Assistant Director) certifies that the information sought is relevant to an authorized foreign counterintelligence investigation and that there are specific, articulable facts giving reason to believe that communication facilities registered in the name of the person have been used through the services of such provider in communication with an individual who is or has been engaged in international terrorism or clandestine intelligence activities, or with a foreign power or agent under circumstances giving reason to believe that the communication concerned international terrorism or clandestine intelligence activities, that involve or may involve a violation of U.S. criminal statutes. Requires the Director to report to the House and Senate Judiciary Committees with respect to semi-annual reports concerning requests for information under such provision.
Bill· SS. 3318 (102nd)referred
United States · United States Congress · 5 October 1992
Battered Women's Testimony Act of 1992 - Directs the State Justice Institute to make grants to or enter into contracts with a single eligible entity to: (1) collect on a a nationwide basis and analyze information regarding the admissibility and quality of expert testimony on the experiences of battered women offered either as part of the defense or as part of the prosecution in criminal cases under State law and regarding sources of, and methods of obtaining, funds to pay costs incurred in providing such testimony, particular in cases in which the defendant or the prosecuting witness is an indigent woman; (2) develop training materials to assist battered women, operators of domestic violence shelters, advocates for battered women, and attorneys in using such testimony in appropriate cases and to assist individuals with expertise in the experiences of battered women in developing skills appropriate to providing such testimony; and (3) disseminate such information and training materials and provide related technical assistance to battered women, shelter operators, advocates, attorneys, and individuals providing testimony. Authorizes appropriations.
Bill· SS. 3328 (102nd)referred
United States · United States Congress · 5 October 1992
Civilian Ex-Prisoner of War Health and Disability Benefits Act of 1992 - Entitles a former civilian prisoner of war (POW) to receive necessary medical care and disability benefits for any injury or disability resulting from the period of internment or hiding. Requires any presumptive medical and dental condition related to a period of internment provided for former military POWs to be extended to former civilian POWs and requires that it be considered to have been incurred in or aggravated by the period of internment or hiding regardless of the absence of any record of the injury. Establishes an advisory committee to be known as the Former Civilian Prisoner of War Committee.
Bill· HRH.R. 6171 (102nd)referred
United States · United States Congress · 5 October 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, including a self-insured 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, in phases, 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 relating to migrant or community health centers, health services for the homeless, or health services for residents of public housing. 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, for specified fiscal years, 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). Directs the Attorney General to establish an ADR for the resolution of Federal medical malpractice claims, to be used after completion of the administrative process under specified provisions. 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. Establishes requirements for and provides for annual certification of State ADRs. Directs the Secretary to establish an alternative Federal ADR for claims in States without certified ADRs. 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) programs and Medicare supplemental health insurance. 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. Imposes a penalty on distributions not used for that individual's medical expenses. 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. 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: Limitation of Antitrust Recovery for Certain Hospital Joint Ventures - Limits antitrust recovery to actual damages if the requirements of this subtitle are met, including the filing and publication of certain information regarding hospital joint ventures. Establishes the Interagency Committee on Competition, Antitrust Policy, and Health Care to make recommendations to the Congress regarding antitrust and health care. Subtitle I: Encouraging Enforcement Activities of Medical Self-Regulatory Entities - Prohibits damages, interest on damages, costs, or attorney's fees from being recovered (except for actual damages, interest on damages, costs, or attorney's fees for injury sustained) 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 and not conducted for financial gain.
Law· HRH.R. 6135 (102nd)enacted
United States · United States Congress · 5 October 1992
National Aeronautics and Space Administration Authorization Act, Fiscal Year 1993 - Title I: Authorization of Appropriations - Authorizes FY 1993 appropriations to the National Aeronautics and Space Administration (NASA) for: (1) research and development; (2) space flight, control, and data communications; (3) construction of facilities; (4) research and program management; and (5) the Inspector General. Requires the Administrator of NASA (Administrator) to: (1) report to the Congress on a New Launch System and expendable launch vehicles; and (2) carry out an Earth Observing System program. Title II: General Provisions - Permits the use of appropriations for research and development and space flight, control, and data communications for certain items of a capital nature (other than land acquisition) required for the performance of research and development contracts and for grants to nonprofit educational and research organizations for construction or purchase of additional research facilities. Prohibits the use of these funds for the construction of any major facility whose estimated cost exceeds a specified amount, unless the Administrator of NASA notifies specified congressional committees. Authorizes the use of certain funds, subject to limitations, for: (1) facilities construction, repair, or modification; (2) unforeseen programmatic facility project needs; (3) repair or modification of facilities controlled by the General Services Administration; and (4) scientific consultations or extraordinary expenses. Authorizes reprogramming of certain funds for: (1) transatmospheric research and technology; and (2) construction of facilities. Permits upward variances of funds for facilities construction under circumstances outlined in this Act. Makes available specified funds for the construction and modification of facilities. Requires the Administrator to notify specified congressional committees of the nature, cost, and reasons for such construction before expending the funds in question. Prohibits, until 30 days following congressional receipt of the Administrator's full explanation, the use of funds appropriated pursuant to this Act for any program that: (1) has been deleted by the Congress; (2) is in excess of the amount actually authorized for the particular program by specified provisions; or (3) has not been presented to either of specified congressional committees. Limits obligation of unauthorized appropriations and requiures related reports to the Congress and the Comptroller General. Requires NASA to submit to the Congress a five-year budget and an estimate of the lifecycle costs associated with each program. Amends the Commercial Space Launch Act to authorize FY 1993 appropriations. Prohibits user fees unless specifically authorized by the Act. Authorizes FY 1993 appropriations: (1) to carry out activities of the National Space Council; and (2) to the Secretary of Commerce for the Office of Space Commerce. Requires: (1) the Administrator to report to the appropriate congressional committees on the single stage rocket technology flight test program; and (2) the National Space Council to report to such committees on a national aerospace transportation technology plan. Declares the sense of the Congress with regard to multilateral scientific cooperation and the Space Agency Forum on International Space Year, including activities by NASA and the National Oceanic and Atmospheric Administration. Repeals provisions of the National Aeronautics and Space Administration Authorization Act, Fiscal Year 1991 authorizing appropriations for the Comet Rendezvous Asteroid Flyby/Cassini mission. Amends the National Science Foundation Act of 1950 to authorize the National Science Foundation to foster the development and use of computer networks in support of research and education. Directs the President to report to the Congress on various opportunities for increased space-related trade and cooperation with the independent states of the former Soviet Union. Authorizes the Office of Space Commerce of the Department of Commerce to conduct trade missions for the purpose of familiarizing U.S. aerospace industry representatives with space-related business opportunities in the independent states. Requires agencies conducting procurement to comply with specified provisions of the Buy American Act. Requires investigation, in meeting NASA's needs for additional facilities, of abandoned and underused buildings, grounds, and facilities in depressed communities. Mandates a study and report to the Congress regarding the extent to which information developed by NASA is brought to market by foreign aerospace firms more quickly than by U.S. companies. Directs the Administrator of the National Oceanic and Atmospheric Administration to: (1) establish an Institute for Aviation Weather Prediction, which shall expand upon the activities of the aviation unit currently at the National Severe Storms Center in Kansas City, Missouri; and (2) provide an opportunity for Center employees to assume comparable Institute duties. Title III: Experimental Program to Stimulate Competitive Research on Space and Aeronautics - Experimental Program to Stimulate Competitive Research on Space and Aeronautics Act - Directs the Administrator to establish an Experimental Program to Stimulate Competitive Research on Space and Aeronautics among eligible States. Obligates funds for program grants. Title IV: High Risk Research and Development Contract Administration - Mandates an assessment of the allocation of risk between the Government and its contractors for future research and development contracts regarding increasing the contractor's risk to conform to contract requirements. Requires development of regulations for the administration of research and development contracts regarding: (1) the use of performance-based contracts; (2) clauses obligating the Government to pay for correction of defects; and (3) cost recovery for defective work. Title V: Commercial Space Competitiveness - Amends the Commercial Space Launch Act to extend through January 1, 2000, the deadline for Government payment of certain launch-related third party claims. Directs the Administrator to establish a commercial space launch voucher demonstration program, which shall expire after September 30, 1995. Authorizes the Secretary of Transportation to make space transportation infrastructure grants. Authorizes appropriations. Directs the Administrator and the Secretary of Defense, in coordination with the Secretary of Transportation, to inventory and identify all U.S.-owned launch support facilities. Authorizes: (1) the Administrator or the Administrator of the National Oceanic and Atmospheric Administration to enter into multiyear anchor tenancy contracts under specified conditions; and (2) use of Government space facilities on a reimbursable basis by non-Federal entities under specified conditions. Amends the National Aeronautics and Space Act to authorize the Administrator to protect from dissemination information developed under Space Act agreements with non-Federal parties for up to five years. Establishes a Commercial Space Achievement Award. Sets forth Award criteria. Title VI: Biomedical Research in Space - Directs the Administrator and the Director of the National Institutes of Health to jointly establish: (1) a biomedical research joint working group; (2) a biomedical research grant program; (3) a biomedical research fellowship program; and (4) a plan to conduct joint biomedical research activities by the republics of the former Soviet Union and the United States. Directs the Administrator to establish a national electronic data archive for biomedical research data obtained from space-based experiments. Directs the Administrator, with the Director of the Federal Emergency Management Agency, the Director of the Office of Foreign Disaster, and the Surgeon General of the United States, to jointly establish an international telemedicine satellite consultation capability to support disaster area emergency medical services. Authorizes appropriations.
Law· HRH.R. 6168 (102nd)enacted
United States · United States Congress · 5 October 1992
Airport and Airway Safety, Capacity, and Intermodal Transportation Act of 1992 - Title I: Airport and Airway Improvement Act Amendments - Amends the Airport and Airway Improvement Act of 1982 to declare that it is a goal of the United States to develop a national intermodal transportation system. Authorizes appropriations for FY 1993 for airport development and planning projects. Authorizes appropriations for FY 1993 through 1995 for: (1) air navigation facilities; (2) weather reporting services for the Federal Aviation Administration (FAA); (3) FAA operations; and (4) expenses incurred in joint financing of air navigation services and in maintaining air navigation facilities. Authorizes appropriations for FY 1994 to augment the Airway Capital Investment Plan, if the Secretary of Transportation (Secretary) determines it is necessary (including a determination with respect to the establishment of more than 23 area control facilities). Amends the Federal Aviation Act of 1958 to revise the minimum Federal appropriation levels which permit imposition of local airport passenger facility fees on airline passengers. Earmarks a minimum amount of airport development and planning project fnds for FY 1993 and 1994 for site selection and installation of one FAA long-range air route surveillance radar system for the portion of northern Maine currently served by approach control at Loring Air Force Base. Reduces from 49.5 percent to 44 percent the ceiling on the total amount of all such apportionments in the event any Act of Congress has the effect of limiting or reducing the obligational ceiling for the airway improvement program. Extends the special apportionment treatment of Alaskan airports to those public airports in Alaska that received scheduled service as of September 3, 1982, but were not apportioned funds in FY 1980 because they were not under State or local public agency control. Requires not less than 2.25 percent of airport development and planning funds for FY 1993 through FY 1995 be set-aside for development of current and former military airports. Requires the Secretary to designate such airports for participation in such set-aside program. (Currently, the Secretary is required to designate not less than eight the airway improvement program funds available are less than specified amounts. Authorizes the Secretary, in cases where a commercial service airport annually has .05 percent or less of the total enplanements in the United States, to approve, as allowable project costs of an airport development project at such airport, any terminal development in revenue-producing areas and construction, reconstruction, repair, and improvement of nonrevenue-producing parking lots if the sponsor certifies that no project for needed airport development affecting safety, security, or capacity will be deferred by such approval. Sets the Federal share of allowable costs for terminal development at such an airport at 85 percent. Prohibits letters of intent issued by the Secretary from conditioning the obligation of funds for airport development projects on the imposition of a passenger facility charge. Includes as an "airport development" activity the: (1) acquisition or installation at or by a public -use airport of aircraft deicing equipment and structures (other than aircraft deicing fluids and storage facilities for such equipment and fluids) or interactive training systems; (2) relocation of an air traffic control tower and any navigational aid (including radar) if such relocation is necessary to carry out an approved project; (3) construction, reconstruction, repair, or improvement of an airport (or any purchase of capital equipment for an airport), if funded by a grant under the Act, which is necessary for compliance with specified Federal laws, other than construction or purchase of capital equipment which would benefit a revenue-producing area of the airport used by a nonaeronautical business; and (4) acquisition of land for, or work necessary to construct, a pad for deicing aircraft before takeoff at a commercial service airport, including construction or reconstruction of paved areas, drainage collection structures, treatment and discharge systems, appropriate lighting, and paved access for deicing vehicles and aircraft (but excluding acquisition of aircraft deicing equipment and fluids and construction and reconstruction of storage facilities for such equipment and fluids). Requires as a condition precedent to approval of an airport development project: (1) public availability of any report of the airport budget; and (2) specified kinds of public participation in the project. Repeals the requirement for an annual report to the Congress on the national airways system. Includes Alaskan and Hawaiian airports in the coverage of the Act with respeect to passengers enplaned on international flights. Extends the State block grant pilot program for airports through FY 1996. Authorizes the Secretary to designate up to seven (currently, three) qualified States (including Illinois, Missouri, and North Carolina) for participation in such program. Requires airport owners or operators as a condition precedent to approval of a grant for airport development projects to take necessary action to ensure that at least ten percent of businesses at the airport which provide ground transportation, baggage carts, automobile rentals, or other consumer services are small businesses owned and controlled by socially and economically disadvantaged individuals (disadvantaged business enterprises, or DBE's). Authorizes the Secretary to allow an airport owner or operator to meet the ten percent goal by including: (1) businesses operated through management contracts or subcontracts; or (2) the purchase from DBE's goods or services used in a business conducted on the airport provided the airport owner or operator as well as such businesses make good faith efforts to explore all available options to achieve compliance with the DBE goal through direct ownership arrangements, including joint ventures and partnerships. Allows an airport owner or operator, in complying with the DBE goal to: (1) include the revenues of car rental firms on the airport in the base from which the overall percentage goal is calculated; and (2) require a care rental firm to meet goal requirements through the purchase of goods or services from DBE's, including purchases or leaves of vehicles from DBE vendors. Excludes air carriers that provide passenger or freight-carrying services and other business that provide aeronautical activities at an airport from the ten percent goal. Revises the definition of an eligible "disadvantaged business enterprise" to raise the maximum average annual gross receipts permissible from $14,000,000 to $16,015,000. (2) a three-year projection of the number of air traffic controllers needed to operate such system to meet such standards; and (3) a detailed plan for employing such controllers, including projected budget requests. Directs the Administratorr of the FAA to develop and report to specified congressional committees on: (1) the cirteria used to determine the required number of aviation safety inspectors; and (2) a three-year project of the number of inspectors needed, plans for training them, and the support staff needed for the inspector workforce. Prohibits the FAA from entering into any contract on or before September 30, 1994, with a private person for the operation of an airport control tower at any airport which in FY 1990 had 5,500 or more air carrier operations and 40,000 or more air taxi operations unless the airport owner or operator first agrees to the FAA Administrator's entering into such contract. Directs the Administrator of the FAA to study and report to specified congressional committees on: (1) the social, economic, and health effects or airport noise on opulations within 65, 60, and 55 LDN noise areas to determine the actual level at which noise creates an adverse impact on populations; and (2) the effect of single event noise on populations. Directs the Administrator the FAA require, by regulation, procedures to improve safety of aircraft operations during winter conditions. Amends the Federal Aviation Act of 1958 to direct the Administrator of the FAA to update and arrange for publication of clearly defined routes for navigating under visual flight rules through a complex terminal airspace area, and to and from an airport located within such an area. Directs the Secretary to study and report to the Congress on: (1) whether the safety benefits derived from the reflectorization of runways and taxiways of all military airfields under Federal Specification TT-B-1325B should be extended to runways and taxiways of public use airports; (2) the purchase of land for development over five years after purchase (landbanking) and of options to purchase land for airport development, and whether such projects should be funded under the Airport Improvement Program; (3) the current Federal program for monitoring the installation and operation of lighting systems for aircraft obstructions and airport runways; (4) the economic benefits of carrying out airport development projects in "redevelopment areas" under the Public Works and Economic Development Act of 1965; and (5) the ability of airports which annually enplane .05 percent or less of total enplanements in the United States to finance the maintenance of runways, aprons, and taxiways constructed under the Airport Improvement Program. Amends the Airport and Airway Safety and Capacity Expansion Act of 1987 to revise conditions with respect to a release from certain terms and restrictions contained in a certain instrument conveying land on which Laredo International Airport is located to the city of Laredo, Texas. Allows Laredo to grant leases of up to 40 years (currently, 20 years) at below fair market value at the airport. Directs the Administrator of te FAA to study and report: (1) to specified congressional committees on the current and projected need for air traffic control and related services in the airspace around Tucson, Arizona; and (2) to the Congress on increased air traffic over Grand Canyon National Park. Directs the Secretary of Transportation to establish a Civil Tiltrotor Development Advisory Committee to evaluate the technical feasibility and economic viability of developing civil tiltrotor aircraft and a national system of infrastructure to support the incorporation of tiltrotor aircraft technology into the natinal transportation system. Amends the Airport Noise and Capacity Act of 1990 to make technical amendments relating to: (1) exemptions from certain conditions on agreements dealing with airport noise reduction and access restrictions on the operation of Stage 3 aircraft; and (2) purchase contract requirements for the operation of certain imported civil subsonic turbojet aircraft with a maximum weight of over 75,000 pounds. Requires as a condition precedent to approval of an airport development project: (1) public availability of any report of the airport budget; and (2) specified kinds of public participation in the project . traffic capacity at public-use airports. Directs the Secretary of Transportation to study and report to the Congress on whether a municipal solid waste facility located within a file-mile radius of the end of a runway may have the potential for attracting or sustaining bird movements (from feeding, watering, or roosting) that may pose a hazard across the runways or approach and departure patterns of aircraft. Establishes the National Commission to Ensure a Strong Competitive Airline Industry to investigate the financial condition of the airline industry, the adequacy of competition in it, and legal impediment to a financially strong and competitive airline industry. Requires the Commission to submit a specified report to the Congress. Requires the head of each Federal agency conducting procurements to Repeals the requirement for an annual report to the Congress on the national airways system. Includes Alaskan and Hawaiian airports in the coverage of the Act with respect to passengers enplaned on international flights. Amends the Aviation Safety and Capacity Expansion Act of 1990 to extend the prohibition against the fraudulent use of "Made in America" labels on products sold in or shipped to the United States, and against discrimination by foreign governments against U.S. products, to the award of Federal contracts or grants under a specified section of Federal transportation law or the Airport and Airway Improvement Act of 1982. Authorizes the Administrator of the FAA to make grants to up to four vocational technical institutions for acquisition or construction of facilities for the advanced training of maintenance technicians for air carrier aircraft. Sets forth grant eligibility requirements. Authorizes appropriations. Directs the Administrator of the FAA to develop and submit annually to specified congressional committees a report on: (1) the staffing standards used to determine the number of air traffic controllers needed to operate the air traffic control system of the United States; traffic controllers so as to make the controller work force not less than 18,128 on September 30, 1993. Directs the Administrator of the FAA to study and report to specified congressional committees on: (1) the social, economic, and health effects of airport noise on populations within 65, 60, and 55 LDN noise areas to determine the actual level at which noise creates an adverse impact on populations; and (2) the effect of single event noise on populations. Directs the Administrator of the FAA to: (1) increase the employment of aviation safety inspectors to a specified level by the end of FY 1995; (2) require, by regulation, procedures to improve safety of aircraft operations during winter conditions. Amends the Federal Aviation Act of 1958 to direct the Administrator of the FAA to update and arrange for publication of clearly defined routes for navigating under visual flight rules through a complex terminal airspace area, and to and from an airport located within such an area. Authorizes the Secretary to make grants under the Aviation Safety and Noise Abatement Act of 1979 for projects to soundproof residential buildings if specified conditions are met. (currently, 20 years) at below fair market value at the airport. Directs the Administrator of the FAA to study and report: (1) to specified congressional committees on the current and projected need for air traffic control and related services in the airspace around Tucson, Arizona; and (2) to the Congress on increased air traffic over Grand Canyon National Park. Title II: Federal Aviation Act Amendments - Amends the Federal Aviation Act of 1958 to authorize the Administrator of the FAA to enter into a contract, on a sole source basis, with a State or political subdivision to permit it to operate a level I visual flight rules airport traffic control tower if the Administrator determines that such State or political subdivision can comply with certain safety and subcontracting requirements. Authorizes, at the discretion of the Administrator of the FAA, the reimbursement of travel, transportation, and subsistence expenses for the security training of non-Federal domestic and foreign security personnel who contribute to civil aviation security. Requires all persons to give adequate public notice of the establishment or expansion, or the proposed establishment or expansion, of any structure or sanitary landfill where such notice will promote safety in air commerce and preserve the navigable airspace and airport Directs the Secretary of Transportation to study and report to the Congress on whether a municipal solid waste facility located within a five-mile radius of the end of a runaway may have the potential for attracting or sustaining bird movements (from feeding, water, or roosting) that may pose a hazard across the runways or approach and departure patterns of aircraft. Title III: Research, Engineering, and Development - Federal Aviation Administration Research, Engineering, and Development Authorization Act of 1992 - Amends the Airport and Airway Improvement Act of 1982 to authorize FY 1993 and 1994 appropriations for specified areas of airway improvement research, engineering and development, and demonstrations. Directs the Secretary to report to the Congress on the feasibility of requiring commercial airports and/or commercial airlines to employ portable equipment to deice commercial aircraft before takeoff by placing such equipment close to the departure end of the active runway. Requires the Secretary to research to develop new techniques and more efficient fluids and technologies for deicing. Requires the Administrators of the FAA and the National Aeronautics and Space Administration to jointly conduct a research program to develop new technologies for quieter subsonic jet aircraft engines and airframes by the year 2000. Prohibits a person from affixing "Made in America" labels to products that are not domestic products of the United States. Makes any person that violates such prohibition ineligible for the award of a Federal contract. comply with the requirements of the Buy American Act. Title IV: Aviation Insurance - Amends the Federal Aviation Act of 958 to authorize Federal agencies to purchase aviation insurance covering any aircraft engaged in intrastate, interstate, or overseas air commerce for any risk (including war risk) if the aircraft operation is in the performance of an agency contract or is for the transportation of military forces or material on behalf of the United States under an agreement between the United States and a foreign government. Extends the aviation insurance program from FY 1992 through FY 1997. Directs the Comptroller General to review and report to the Congress on the administration of the aviation insurance program during the Persian Gulf conflict in order to determine methods of improving efficiency by reducing the paperwork and time period required for providing such insurance. Title V: Extension of Airport and Airway Trust Fund - Amends the Internal Revenue Code to extend the authority of the Airport and Airway Trust Fund through October 1, 1995. Declares that, in the case of certain taxes imposed before January 1, 1993, the amounts to be appropriated to the Fund shall be determined without regard to any increase in a rate of tax enacted by the Revenue Reconciliation Act of 1990. Authorizes appropriations for FY 1993 and 1994 for: (1) airport development and planning projects; (2) air navigation facilities; (3) weather reporting services for the Federal Aviation Administration (FAA); and (4) FAA operations. Authorizes appropriations for FY 1994 to augment, if the Secretary of Transportation (Secretary) determines it is necessary, the Airway Capital Investment Plan, including a determination with respect to the establishment of more than 23 area control facilities. Amends the Federal Aviation Act of 1958 to revise the minimum Federal appropriation levels which permit imposition of local airport passenger facility fees on airline passengers. Amends the Airport and Airway Improvement Act of 1982 to increase the apportionment of airports which are served by aircraft providing only air cargo (including mail) transportation; and (2) primary airports. Reduces from 49.5 percent to 44 percent the ceiling on thetotal amount of all such apportionments in the event any Act of Congress has the effect of limiting or reducing the obligational ceiling for the airway improvement program. Extends the special apportionment treatment of Alaskan airports to those public airports in Alaska that received scheduled service as of September 3, 1982, but were not apportioned funds in FY 1980 because they were not under State or local public agency control. Requires not less than 2.25 percent of airport development and planning funds for FY 1993 through FY 1995 be set-aside for development of current and former military airports. Increases from eight to 12 the number of current or former military airports the Secretary must set-aside for development grants to improve the national air transportation system. Authorizes a specified amount of discretionary airport development and planning funds for FY 1993 through FY 1995 for construction, improvement, or repair of airport surface parking lots, fuel farms, and utilities at such airports. Requires the Administrator of the FAA, within 30 days after the Secretary of Defense recommends a list of military bases for closure or realignment, to report to the Congress on the effects of any recommendations involving military airbases on local civilian airports and airways, costs of conversion of civilian use, and air traffice control and radar coverage. Raises from 10 percent to 12.5 percent the minimum obligation of apportioned and discretionary funds for airport noise compatibility planning. Authorizes the maximum obligation of the United States for airport development and planning projects for FY 1993 to be increased for an airport (other than a primary airport) by a specified amount. Requires the Secretary to designate such airports for participation in such set-aside program. (Currently, the Secretary is required to designate not less than eight current or former military airports.) Authorizes a specified amount of discretionary airport development and planning funds for FY 1993 and 1994 for construction, improvement, or repair of airport surface parking lots, fuel farms, and utilities at such airports. Requires the Secretary to set-aside not less than an additional 2.5 percent of airport development and planning funds to primary airports for noise compatibility planning if the Secretary finds that one or more units of local government in the areas surrounding such airports have adopted noise control measures likely to ensure land use compatible with such airports. Authorizes the maximum obligation of the United States for airport development and planning projects for FY 1993 to be increased for an airport (other than a primary airport) by a specified amount. Revises the definition of an eligible "disadvantaged business enterprise" to raise the maximum average annual gross receipts permissible from $14,000,000 to $16,015,000. Authorizes the Secretary, in cases where a commercial service airport annually has .05 percent or less of the total enplanements in the United States, to approve, as allowable project costs of an airport development project at such airport, any terminal development in revenue-producing areas and construction, reconstruction, repair, and improvement of nonrevenue-producing parking lots if the Secretary finds that no project for needed airport development affecting safety, security, or capacity will be deferred by such approval. Includes as an "airport development" activity the: (1) relocation of an air traffic control tower if such relocation is necessary to carry out an approved project; and (2) construction, reconstruction, repair, or improvement of an airport (or any purchase of capital equipment for an airport) which is necessary for compliance with specified Federal laws, other than construction or purchase of capital equipment which would benefit a revenue producing area of the airport used by a nonaeronautical business. Authorizes the Administrator of the FAA to make grants to up to four vocational technical institutions for acquisition or construction of facilities for the advanced training of maintenance technicians for air carrier aircraft. Sets forth grant eligibility requirements. Authorizes appropriations. Directs the Administrator of the FAA to develop and submit annually to specified congressional committees a report on: (1) the staffing standards used to determine the number of air traffic control system of the United States; (2) a three-year projection of the number of air traffic controllers needed to operate such system to meet such standards; and (3) a detailed plan for employing such controllers, including projected budget requests. requires the Administrator of the FAA to hire additional air traffic controllers so as to make the controller work force not less than 18,128 on September 30, 1993. Title II: Federal Aviation Act Amendments - Amends the Federal Aviation Act of 1958 to authorize the Administrator of the FAA to enter into a contract, on a sole source basis, with a State or political subdivision to permit it to operate a level I visual flight rules airport traffic control tower if the Administrator determine that such State or political subdivision can comply with certain safety and subcontracting requirements. Authorizes, at the discretion of the Administrator of the FAA, the reimbursement of travel, transportation, and subsistence expenses for security training personnel who contribute to civil aviation security. Requires all persons to give adequate public notice of the establishment or expansion, of any structure or sanitary landfill where such notice will promote safety in air commerce and preserve the navigable airspace and airport traffic capacity at public-use airports. Airport and Airway Safety, Capacity, Noise Improvement and Intermodal Transportation Act of 1992 - Title I: Airport and Airway Improvement Act Amendments - Amends the Airport and Airway Improvement Act of 1982 to declare that it is a goal of the United States to develop a national intermodal transportation system.
Law· HRH.R. 6167 (102nd)enacted
United States · United States Congress · 5 October 1992
Water Resources Development Act of 1992 - Title I: Water Resources Projects - Authorizes the Secretary of the Army (the Secretary) to carry out public works projects in the following locations for improvements to navigation, flood control, ecosystem restoration, and beach erosion control and hurricane protection: (1) Southeast Alaska Harbors of Refuge, Alaska; (2) Whiteman's Creek, Arkansas; (3) Morro Bay Harbor, California; (4) Sacramento Metro Area, California; (5) Rio Grande Alamosa, Colorado; (6) Delaware River Mainstem and Channel Deepening, Delaware, New Jersey, and Pennsylvania; (7) Canaveral Harbor, Florida; (8) Kissimmee River, Florida; (9) Port Everglades Harbor, Florida; (10) Savannah Harbor, Georgia and South Carolina; (11) Amite River and Tributaries, Louisiana; (12) Saugus River and Tributaries, Massachusetts; (13) Las Vegas Wash and Tributaries, Nevada; (14) Morehead City Harbor, North Carolina; (15) West Onslow and New River Inlet, North Carolina; (16) Lackawanna River at Olyphant and at Scranton, Pennsylvania; (17) Locks and Dams 2 and 3, Monongahela River, Pennsylvania; (18) Rio Grande De Loiza, Puerto Rico; (19) Sargent Beach, Texas; (20) Shoal Creek, Austin, Texas; and (21) Sandbridge Beach, Virginia Beach, Virginia. Modifies projects at the following locations with respect to wildlife mitigation, flood control, beach erosion control and hurricane protection, navigation, and other improvements: (1) Tennessee-Tombigbee Waterway, Alabama and Mississippi; (2) Goleta and vicinity, California; (3) Oceanside Harbor, California; (4) San Leandro Marina, California; (5) O'Hare system of the Chicagoland underflow plan, Illinois; (6) Illinois River, Illinois; (7) South Frankfort, Kentucky; (8) Locks and Dam 26, Mississippi River, Alton, Illinois and Missouri; (9) Lake Pontchartrain, Louisiana; (10) Parish Creek, Shady Side, Maryland; (11) Buffomville Lake, Massachusetts; (12) South Fork Zumbro River, Minnesota; (13) New Madrid Harbor, Missouri; (14) Papillion Creek and Tributaries Lakes, Nebraska; (15) Passaic River Main Stem, New Jersey and New York; (16) Raritan Bay and Sandy Hook Bay, New Jersey; (17) Sandy Hook to Barnegat Inlet, New Jersey; (18) Rio Grande Floodway, New Mexico; (19) Jones Inlet, New York; (20) Westhampton Beach, New York; (21) Broken Bow Lake, Red River Basin, Oklahoma; (22) Wyoming Valley, Pennsylvania; (23) Chetco River, Oregon; (24) Port Orford, Oregon; (25) Cliff Walk, Newport, Rhode Island; (26) Ray Roberts Lake, Elm Fork of the Trinity River, Texas; (27) Sims Bayou, Texas; (28) Virginia Beach, Virginia; (29) Lower Granite Lock and Dam, Washington; (30) Beech Fork Lake, West Virginia; (31) Bluestone Lake, Ohio River Basin, West Virginia; and (32) La Crosse and Shelby, Wisconsin. Amends the Water Resources Development Act of 1986 to authorize and direct the Secretary of the Interior to enter into a contract with the St. Johns River Water Management District and the Southwest Florida Water Management District of the State of Florida for the continued operation and maintenance by the Secretary of portions of the Cross Florida barge canal project, subject to specified requirements. Authorizes the Secretary (subject to specified requirements) to: (1) construct visitor centers at Melvin Price Lock and Dam, Alton, Illinois, and at Mt. Morris Dam, New York, and a Northeastern New Jersey Regional Flood Operations-Response, Engineering, and Visitor Center, and at the John Hammerschmidt Lake, Arkansas River, Arkansas; and (2) establish and operate the Lower Mississippi River Museum and Riverfront Interpretive Site, Vicksburg, Mississippi. Directs the Secretary to consult with the Secretary of the Smithsonian Institution in the planning and design of the museum and site and with the Secretary of the Interior and the Director of the National Park Service in the planning, design, and implementation of interpretive programs. Authorizes appropriations. Authorizes the Secretary to conduct studies and carry out small navigation projects at: (1) Calcasieu River, Louisiana; (2) Provincetown Harbor, Massachusetts; (3) Aunt Lydia's Cove, Chatham, Massachusetts; (4) Grand Marais, Minnesota; (5) Grand Portage, Minnesota; (6) Silver Bay, Minnesota; (7) Seaway Pier, Buffalo, New York; and (8) Tangier Island, Virginia. Authorizes the Secretary to conduct studies and, if the Secretary determines such projects to be feasible, to carry out small flood control projects at: (1) Blue River and Brock Creek, Salem, Indiana; (2) White River, Elnora, Indiana; (3) White River, Gibson County, Indiana; (4) White River, Petersburg, Indiana; (5) Wabash River, Knox County, Indiana; (6) Red River at Grand Marais Outlet, Minnesota; (7) Sullivan Run Creek, Butler, Pennsylvania; (8) Little Fossil Creek, Texas; and (9) Turpentine Run, St. Thomas, Virgin Islands. Modifies the project with respect to the maximum allotment and cost-sharing at St. Peters, St. Charles County, Missouri. Directs the Secretary to develop and carry out a Sonoma Baylands wetland demonstration project in the San Francisco Bay-Delta estuary, California. Sets forth project purposes and requirements. Authorizes appropriations. Sets forth limitations on amounts transferred and obligated pursuant to the Upper Mississippi River Management Program. Specifies that the costs of operation and maintenance of projects located on Federal lands or lands owned or operated by a State or local government shall be borne by the Federal, State, or local agency that is responsible for management activities for fish and wildlife on such lands. Directs the Secretary to construct a research and quarantine facility in Broward County, Florida, to be used in connection with efforts to control Melaleuca and other exotic plant species that threaten native ecosystems in Florida. Authorizes appropriations. Authorizes the Secretary to maintain navigation access to, and berthing areas at, all currently operating public and private commercial dock facilities associated with or having access to the Federal navigation project on the Columbia, Snake, and Clearwater Rivers from Bonneville Dam to and incuding Lewiston, Idaho, at a depth commensurate with the Federal navigation project. Exempts the Federal Government from liability resulting from such project. Authorizes the Secretary to construct such bulkheads along the Outer Harbor, Buffalo, New York, as may be necessary to protect the shoreline and reduce the flow of pollutants into Lake Erie. Directs the Secretary to: (1) conduct a study for a streambank and shoreline protection project for Walnut Canyon Creek, Anaheim, California, subject to specified requirements; and (2) proceed expeditiously with design, land acquisition, and construction of the Montgomery Point Lock and Dam on the White River, Arkansas. Sets forth provisions with respect to the costs of major rehabilitation from specified projects. Authorizes the Secretary to conduct a study for the purpose of determining whether there is contaminated ground water flowing downstream from the San Gabriel Valley Ground Water Basin to the Central Ground Water Basin in California through existing Federal facilities at Whittier Narrows Dam, Los Angeles County, California. Directs the Secretary: (1) to complete the general reevaluation study for the flood control project at Santa Paula Creek, California, and transmit to the Congress a report on the results of such study; (2) to complete and transmit to the Congress a feasibility study for enlargement of the flood control project for the Success Reservoir, Tule River, California; and (3) as part of the ongoing review of the Anacostia River Watershed in the District of Columbia and Maryland, to carry out a comprehensive assessment of adverse impacts to such watershed from Federal facilities, review current plans for reducing such adverse impacts, and carry out a feasibility study to identify and recommend measures for implementation to eliminate such adverse impacts. Authorizes appropriations. Directs the Secretary to: (1) expeditiously complete the general design memorandum for the sand transfer portion of the navigation project for Canaveral Harbor, Florida; (2) expeditiously complete that portion of the navigation study for Tampa Harbor, Alafia River and Big Bend, Florida, relating to the Alafia River; (3) complete the feasibility study for Cedar River and tributaries, Blackhawk, Iowa; (4) complete the study for Federal maintenance of the Port Fourchon Navigation Channel, Louisiana; (5) conduct a study of and report to the Congress on, the water supply, distribution, and transmission needs of Brockton, Massachusetts; the feasibility of providing additional water supply for Brockton and vicinity; and the water quality and quantity and related land resources of the Taunton River; (6) conduct a study on proposed uses of the seawall located in Haverhill, Massachusetts (7) conduct an economic reevaluation of proposed improvements at Grand Marais Harbor, Michigan; (8) conduct a review and evaluation of the recreational master plan for Yazoo Basin, Mississippi; (9) conduct a study of the project for flood control, Ramapo River, Oakland, New Jersey; (10) complete the feasibility study for Little River, Niagara Falls, New York; (11) complete the feasibility study of shoreline protection for Strawberry Island, New York (and take such interim emergency measures as necessary); (12) complete a study of the flood control project for Wister Lake, Oklahoma; (13) conduct independent studies to determine the Federal interest and feasibility of providing improvements to the Chesapeake Bay shoreline in Hampton and Poquoson, Virginia, for environmental protection and enhancement and protection against high tides and wave action; (14) conduct a study of the project for navigation, Corpus Christi Ship Channel, Texas to determine the feasibility of modifying the project to include maintenance of the Jewel Fulton Canal at a depth of 17 feet as a Federal responsibility; and (15) conduct a study to determine the feasibility of establishing a Tug Valley Greenway, West Virginia, for the purpose of utilizing the river environment for public recreation opportunities. Sets forth reporting requirements. Sets the Federal share (100 percent) of the cost of completion of the study for mitigation of shoreline damage attributable to the Federal navigation project at Salmon Harbor, Oregon. Continues the authorization for projects and studies (for flood control and other purposes) at the following locations: (1) Green Bay Levee District, Iowa; (2) Lake Pontchartrain, North Shore, Louisiana; (3) St. Johns Bayou and New Madrid Floodway, Missouri; (4) Deal Lake, Monmouth County, New Jersey; (5) Tyrone, Pennsylvania; and (6) Big Pine Lake, Texas. Sets forth limitations with respect to such projects and studies. Deauthorizes navigation projects at the following locations: (1) Boothbay Harbor, Maine; (2) Boston Inner Harbor Channel, Massachusetts; (3) Newburyport, Massachusetts; (4) Greilickville, Michigan; (5) South Haven Harbor, Michigan; and (6) Sag Harbor, New York. Deauthorizes a portion of the Canaveral Harbor project, Florida. Designates: (1) lock and dam 3, Arkansas River, Arkansas, as the "Joe Hardin Lock and Dam"; (2) the Greers Ferry Lake Visitors Center, Arkansas, as the "William Carl Garner Visitors Center"; (3) the reservoir created by the James W. Trimble Lock and Dam on the Arkansas River, Arkansas, as the "John Paul Hammerschmidt Lake"; (4) lock 5 on the Red River Waterway, Louisiana, as the "Joe D. Waggonner, Jr. Lock"; (5) the area for which environmental and other streambank restoration measures are authorized relating to the project for flood control, Passaic River Mainstem, New Jersey and New York, as the "Joseph G. Minish Passaic River Waterfront Park and Historic Area"; (6) the project for flood control, Buena Vista, Virginia, as the "James R. Olin Flood Control Project"; (7) the Gallipolis Locks and Dam, Ohio River, Ohio and West Virginia, as the "Robert C. Byrd Locks and Dam"; and (8) the Mill Creek Reservoir, Washington, as the "Virgil B. Bennington Lake." Title II: Generally Applicable Provisions - Amends the Water Resources Development Act of 1986 to modify requirements concerning the ability of non-Federal interests to pay under cost-sharing agreements. Directs the Secretary to: (1) review regulations on ability to pay in light of locally prevailing conditions such as those associated with specified projects; and (2) amend the regulations to the extent that the Secretary determines necessary to more appropriately take into account locally prevailing conditions which would limit the ability of local interests to participate as non-Federal project sponsors in accordance with established cost-sharing formulas. Prohibits project modifications for improvements of the environment without specific congressional authorization if the estimated cost exceeds $5 million. Authorizes appropriation of not to exceed $25 million (currently, $15 million) annually to carry out provisions related to such modifications. Authorizes the Secretary to: (1) accept contributions for environmental and recreation projects, with funds received to be deposited into a specified account in the Treasury; and (2) carry out projects for the protection, restoration, and creation of aquatic and ecologically related habitats in connection with dredging of an authorized navigation project. Sets forth provisions, in connection with the latter, regarding cooperative agreements, determination of construction costs, and authorization of appropriations. Sets forth provisions with respect to: (1) the definition of rehabilitation for inland waterway projects; (2) construction of shoreline protection projects by non-Federal interests; (3) cost-sharing for disposal of dredged material on beaches; and (4) fees for development of State water plans. Extends specified State safety and training, research, and dam inventory programs. Authorizes the Secretary to provide assistance to non-Federal interests for the repair, reconstruction, or other modification to Mussers Dam, Middle Creek, Snyder County, Pennsylvania, subject to specified limitations. Sets forth the Federal share. Authorizes appropriations. Specifies that all costs incurred in carrying out the project to correct seepage problems at Beaver Lake, Arkansas, shall be treated as costs incurred for a dam safety project, subject to cost-sharing requirements of the Water Resources Development Act of 1986. Authorizes the Secretary to procure materials necessary to promote the Corps safety program, for distribution to Corps employees, and to recognize outstanding safety performance by such employees. Authorizes appropriations. Directs the Secretary: (1) to the maximum extent practicable, to make use of private sector resources in carrying out surveying and mapping activities in the Corps' Civil Works Program; (2) to ensure that procurement with funds appropriated to carry out this Act are conducted in compliance with the "Buy American Act," with exceptions; (3) to report to specified congressional committees with specific recommendations on improving the equitable distribution of water resources development projects in rural areas; and (4) to conduct a comparative analysis with respect to the compensation of Corps and other similarly-situated Federal employees. Sets forth additional reporting requirements. Directs the Secretary to conduct a study on the need for changes in Federal law and policy with respect to dredged material disposal areas for the construction and maintenance of harbors and inland harbors by the Secretary. Sets forth reporting requirements. Authorizes the Secretary to provide assistance to non-Federal interests for carrying out specified projects for the beneficial reuse of waste water, including: (1) a Southern California Comprehensive Water reuse system; (2) San Diego area water reuse demonstration facilities; (3) Santa Rosa water reuse projects; and (4) a project to reduce salt water intrusion into aquifers in the vicinity of Castroville, California, improve the water quality of Monterey Bay and enhance the long-term water supply in the area. Sets forth certain restrictions regarding procurement of assistance from non-private sources. Sets the non-Federal share of the cost of projects for which assistance is provided at not less than 25 percent, with exceptions. Authorizes appropriations. Authorizes the Secretary to provide design and construction assistance to the Santa Clara Valley Water District and to the city of San Jose, California to demonstrate and field test for public use innovative processes which advance the technology of waste water reuse and treatment and which promote the use of treated waste water for critical water supply purposes and for the protection of fish and wildlife in the San Francisco Bay. Sets the Federal share for specified grants at 75 percent. Authorizes appropriations. Authorizes the Secretary to provide assistance to non-Federal interests to carry out water-related environmental infrastructure and resource protection and development projects relating to wastewater treatment and for other purposes at the following locations: (1) Washington, D.C. and Maryland; (2) Atlanta, Georgia; (3) Hazard, Kentucky; (4) Rouge River, Michigan; (5) Jackson County, Mississippi; (6) Epping, Manchester, and Rochester, New Hampshire; (7) Paterson and Passaic County, New Jersey; (8) State of New Jersey (including New Jersey Wastewater Treatment Trust); (9) Erie County, New York; (10) Otsego and Chenango Counties, New York; (11) Greensboro and Glassworks, Pennsylvania; (12) Lynchburg and Richmond, Virginia; and (13) along the U.S.-Mexican border. Authorizes appropriations. Authorizes the Secretary to provide design and construction assistance to: (1) appropriate non-Federal interests for a water transmission line from the northern part of Beaver Lake, Arkansas, into Benton and Washington Counties, Arkansas; (2) the Buffalo Sewer Authority, Buffalo, New York, for the development and implementation of best management practices to reduce pollution from the combined sewer system in the city; (3) the town of Amherst, New York, for a storm water control project; and (4) the city of Lewiston, New York, for construction of a storm water control project. Sets forth cost and cost-sharing provisions. Provides for the termination of the Board of Engineers for Rivers and Harbors. Authorizes the Secretary to develop and implement a program to share the cost of managing recreation facilities and natural resources at water resource development projects under the Secretary's jurisdiction. Requires the Secretary to debar persons convicted of intentionally affixing a label bearing a "Made in America" inscription to any product sold in or shipped to the United States which is not made in the United States and which is used in a civil works project of the Secretary from contracting with the Federal Government for a period of from three to five years. Title III: Miscellaneous Provisions - Extends the jurisdiction of the Mississippi River Commission. Directs the Secretary to: (1) develop a prevention monitoring program for zebra mussels throughout the New York City water supply system; (2) develop appropriate zebra mussel prevention and removal technologies for such system; and (3) provide technical assistance to the State and city of New York on alternative design and maintenance practices for such system in the event of zebra mussel infestation. Sets forth cost-sharing provisions. Authorizes appropriations. Amends the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 to direct the Secretary of the department in which the Coast Guard is operating to issue regulations to prevent the introduction and spread of aquatic nuisance species in the Great Lakes through ballast water carried on vessels that, after operating on the waters beyond the exclusive economic zone, enter a U.S. port on the Hudson River north of the George Washington Bridge. Authorizes the Secretary to enter into a cooperative agreement with the Earth Conservancy to develop, and carry out along the Susquehanna River between Wilkes-Barre and Sunbury, Pennsylvania, a wetlands demonstration project for the purposes of: (1) enhancing municipal waste water treatment in the region; (2) restoring and maintaining the physical, chemical, and biological integrity of the Susquehanna River and its tributaries as well as nearby lands; and (3) developing cleanup technologies which can be utilized for various environmental restoration initiatives. Authorizes appropriations. Directs the Secretary to enter into a cooperative agreement with non-Federal interests to develop and carry out along the Juniata River and its tributaries, Pennsylvania, a watershed reclamation and protection and wetlands creation and restoration project. Sets the Federal share at 75 percent. Authorizes appropriations. Authorizes: (1) the construction of boat ramps and docks at Clarks Hill Reservoir, Georgia, subject to specified requirements; and (2) the Secretary to construct trailhead facilities at specified projects in West Virginia. Authorizes the Secretary to design and construct projects to address water quality problems associated with: (1) storm water discharges from large storm events for the New Orleans, Louisiana, area; and (2) watershed areas of Onondaga County and Syracuse, New York; of the Penobscot River near Bangor, Maine, and the Casco Bay near Portland, Maine; and of Narragansett Bay near the Providence, Rhode Island Metropolitan area. Sets forth provisions regarding: (1) project design; and (2) cost-sharing. Authorizes appropriations. Directs the Secretary to conduct studies of Baltimore Harbor, Maryland, for the purpose of developing analytical procedures and criteria for contaminated dredged material in order to distinguish those materials which should be placed in containment sites from those which could be used in beneficial projects or placed in open waters without being chemically altered, and of determining the feasibility and necessity of decontaminating dredged materials and of dewatering and recycling such materials for use as marketable products. Sets forth reporting requirements. Authorizes appropriations. Directs the Secretary to review the report of the Chief of Engineers on the Ohio River and Tributaries and other pertinent reports to determine whether modifications of the report's recommendations are advisable at the present time. Authorizes appropriations. Requires the Secretary to conduct a study of the economic benefits of Federal and significant non-Federal shore protection activities in the Mid-Atlantic region from New York to Virginia. Sets forth reporting requirements. Authorizes the Secretary to: (1) enter into a memorandum of understanding with the Secretary of Agriculture for the purpose of studying problems associated with flooding in Harrison County, Mississippi, under which the Secretaries will jointly conduct a reconnaissance study of such County and of specified bodies of water and associated watersheds; and (2) conduct a study on the need for navigation improvements in Reynolds Channel and the connecting State Boat Channel between Captree Island and Oak Beach. Sets forth reporting requirements. Authorizes the Secretary to: (1) review the reports of the Chief of Engineers and other pertinent documents pertaining to Orchard Beach, Bronx, New York, and to make appropriate recommendations concerning storm damage prevention, recreation, environmental restoration, and other purposes; and (2) conduct a study on the need for erosion protection along the East River, New York, in the vicinity of Brooklyn, Queens, and Manhattan, with a view toward mitigating the deleterious effects of drift removal on protecting the adjacent shoreline from erosion. Authorizes appropriations. Authorizes the Secretary to conduct a reconnaisance and feasibility study: (1) of remediation of contaminated sediments in Lake Champlain and the Narrows of Lake Champlain, Vermont; (2) of providing additional boat access points on Lake Champlain, Vermont; and (2) on providing additional flood protection for Montpelier, Vermont. Sets forth funding provisions. Directs the Secretary, in studying the feasibility of Federal improvements to the St. John's River Channel, Florida, to examine the commercial and military uses of the channel in those areas traversed by both military and commercial vessels, and coordinate the Secretary's efforts with the Secretary of the Navy to utilize available studies and resources which project future military dredging needs in the St. John's River Channel. Requires the Chief of Engineers to review the report of the Chief of Engineers on central and southern Florida, and other pertinent reports, with a view to determining whether modifications to the existing project are advisable at the present time due to significantly changed physical, biological, demographic, or economic conditions. Directs the Secretary to: (1) conduct a study on whether or not to relieve the State of Illinois of the requirement to make annual payments for unused water supply storage in Rend Lake on the Big Muddy River, Illinois; and (2) report to the Congress. Requires such State, until six months after the date on which the Secretary transmits such report to the Congress, to make any payments under its contract with the United States for use of storage space for water supply in Rend Lake on such River. Amends the Water Resources Development Act of 1988 to authorize the Secretary to pay tuition expenses of suitable, English-taught primary and secondary education in Puerto Rico for the children of Federal employees who are employed (currently, temporarily residing and employed) in Puerto Rico for the construction of the Portuguese and Bucana Rivers, subject to specified requirements. Directs the Secretary to undertake such measures as necessary to compensate for damages caused to public and private property by the drawdown undertaken in March 1992 by the Corps at the Little Goose and Lower Granite projects in Washington. Specifies that the costs of such measures shall be considered project costs and shall be allocated in accordance with existing cost allocations for such projects. Authorizes appropriations. Requires the Secretary to establish a pilot program for providing environmental restoration infrastructure and resource protection development projects to non-Federal interests in south central Pennsylvania, subject to specified (including reporting) requirements. Authorizes the Secretary to make capital improvements to the Illinois and Michigan Canal. Directs the Secretary to enter into such arrangements as necessary to rehabilitate, renovate, preserve, and maintain the Illinois and Michigan Canal and its related facilities. Sets the Federal share of such improvements at 50 percent. Directs the Secretary to study the feasibility of establishing a transfer facility at the Leonard Ranch property adjacent to Port Sonoma-Marin, California, for the drying and rehandling of dredged material from San Francisco Bay for transport to an upland site for beneficial uses. Sets forth reporting requirements. Directs the Secretary to: (1) develop and implement a plan for modifying the channel bypass element of the Levisa Fork, Kentucky, project for water quality improvement in and restoration of Pikeville Lake, Kentucky (and authorizes appropriations); and (2) undertake a revision of the master plan for the Raystown Lake, Pennsylvania, project and submit to the Congress for approval any proposed changes that significantly change uses of the Lake, surrounding land resources, or any facilities located thereon. Authorizes the Secretary to: (1) study the feasibility of developing and preserving seasonal wetlands on the Santa Rosa plain, California, and provide technical assistance to the Sonoma County Vernal Pool Task Force in developing a plan for the development and preservation of such wetlands; and (2) participate in the study and construction of a water resources project in the vicinity of Phoenix, Arizona, for the purpose of providing flood control and improving water quality in the Tres Rios wetlands, Arizona, at a total cost of $6.5 million. Directs the Secretary to: (1) determine whether a design deficiency exists at the Klamath Glen levee, California (and, if so, correct the deficiency); and (2) cooperate with State and local officials in reviewing the water supply needs of the Mahoning Valley Sanitary District, Ohio. Redesignates a parcel of land to be conveyed by the Secretary to the Commandant of the Coast Guard, and the building located thereon, for use as a clubhouse for the local American Legion Post of Sault Sainte Marie, Michigan. Authorizes the Secretary to provide assistance to the Hackensack Meadowlands Development Commission of the State of New Jersey for the development of the Phase I Environmental Improvement Program of the Special Area Management Plan for the Hackensack Meadowlands area, New Jersey. Sets forth cost-sharing provisions. Authorizes appropriations. Authorizes the Secretary to initiate a program to exchange certain lands at Allatoona Lake, Georgia. Requires the Secretary to: (1) study a hydro-environmental monitoring and information system in the New York Bight and Harbor, subject to specified requirements; and (2) conduct a national study on information that is currently available on contaminated sediments, and compile information obtained in such study for the purpose of identifying the location and nature of contaminated sediments in the nation. Sets forth reporting requirements. Authorizes the Secretary to cooperate with non-Federal interests in the completion of a study on contaminated sediments in Milwaukee Harbor, Wisconsin, and surrounding areas. Authorizes appropriations. Directs: (1) the Secretary to complete planning, design, and construction of a project for navigation, Arthur Kill, New York and New Jersey after entering into appropriate agreements with non-Federal interests for completion of such planning and design; and (2) the President to transmit to specified congressional committees a report on expenditures from and deposits into the Harbor Maintenance Trust Fund. Authorizes the Secretary to: (1) conduct investigations and surveys of the watersheds of the rivers in the Conemaugh River Basin, Pennsylvania; and (2) develop and implement restoration projects for abatement and mitigation of water quality degradation caused by abandoned mines and mining activity in such basin. Authorizes the Secretary to transfer to the State of Wisconsin the locks and appurtenant features of the navigation portion of the Fox River System, Wisconsin. Amends the Water Resources Development Act of 1986 to include costs of lands, easements, rights-of-way, and relocations among specified costs to be allocated to mitigate damages to fish and wildlife. Authorizes the Secretary to conduct a study on environmentally beneficial ways to expand or supplement existing placement options and sites serving channel dredging operations of the Port of Baltimore. Specifies that such study shall enhance an ongoing long-term management study for the Chesapeake Bay area being conducted by the State of Maryland and the Secretary. Sets forth reporting requirements. Authorizes appropriations. Declares portions of Cuyahoga County, Ohio, to be non-navigable waters of the United States, subject to specified limitations. Directs the Secretary to carry out an exchange rate demonstration project at the Eastern Channel of the Lockwoods Folly River, Brunswick County, North Carolina. Authorizes appropriations. Directs the Secretary to review the construction performed by non-Federal interests at the project for navigation, Port Everglades, Florida. Authorizes the Secretary to reimburse such interests, subject to specified requirements. Authorizes the Secretary to: (1) use available resources to support the logistical and minor construction needs of the local organizing committee of the 1993 World University Games in western New York; and (2) undertake a program to control nuisance aquatic vegetation for the purpose of preserving the recreational uses of the waters of Lake Gaston, Virginia and North Carolina (and authorizes appropriations). Directs the Secretary to establish a pilot program for providing water-related environmental assistance to non-Federal interests in southern West Virginia, subject to specified (including reporting) requirements. Authorizes appropriations. Authorizes the Tennessee Valley Authority (TVA) to establish the Tennessee River Heritage Museum and Education Facility to encourage science and technology as it relates to developing, managing, and preserving rivers as a nationally significant resource. Directs TVA to cooperate with the Tennessee Valley Exhibit Commission of Alabama to establish an exhibit in Florence, Alabama, on research and development in the area of inland navigation, tributary development, and related activities. Authorizes TVA to accept contributions from private sources in carrying out such provision. Requires the Comptroller General to conduct a study to review the operation of the project for flood control, Red Rock Dam and Lake, Iowa, authorized by the Flood Control Act of June 28, 1938. Sets forth reporting requirements. Directs the Secretary, in carrying out modifications (under the Water Resources Development Act of 1986) in the structures and operations of the project for flood control, Sacramento River, California, for the purpose of improving the quality of the environment in the public interest, to: (1) credit the value of all lands, easements, and rights-of-way provided by non-Federal interests for such modifications to the non-Federal share of the cost of such modifications; (2) include the one-time construction of the operation and maintenance facilities as part of project costs for cost-sharing purposes; and (3) in addition to the plan contained in the Yolo Basin Wetlands Project Modification Report dated April 1992, plan, design, and construct as part of such modifications historical wetlands at an alternative site located contiguous to the Yolo Bypass. Requires the Secretary to complete a project modification report by September 30, 1993. Requires the Secretary to conduct a study on bank stabilization and marsh creation by construction of a system of retaining dikes and by beneficial use of dredged material along the Calcasieu River Ship Canal, Louisiana, at critical locations. Sets forth reporting requirements. Directs the Secretary, subject to the cost-sharing provisions of the Water Resources Development Act of 1986, to investigate and carry out saltmarsh restoration projects along the coastline of the State of Connecticut. Directs the Secretary to provide technical assistance to the towns of Winfield, Buffalo, and Eleanor, West Virginia, to assist residents in analyzing and understanding the remedial options available for dealing with substances posing a risk to the environment at the Corps lock and dam construction site in the vicinity of Winfield, West Virginia. Authorizes appropriations. Authorizes the Secretary to: (1) convey to the city of Fort Smith, Arkansas, all right, title, and interest of the United States (with exceptions) in and to a tract of real property located adjacent to the city, subject to specified requirements; and (2) conduct a study on flooding problems along the Rahway River, New Jersey, and implement such measures as the Secretary determines feasible. Authorizes the Secretary to participate as an active Federal member in the Memorandum of Understanding for the Interagency Ecological Study Program for implementation of the monitoring requirements in the San Francisco Bay-Delta Estuary, California. Amends the Water Resource Development Act of 1988 to authorize the Secretary to design and implement a comprehensive flood warning and response system to serve communities and flood prone areas along the Juniata River and its tributaries in Pennsylvania (as under current law) at full Federal expense (currently, consistent with the cost sharing policies of the Water Resources Development Act of 1986). Deletes provisions of specified Acts authorizing and directing the Secretary to use funds for activities authorized by the Follow Through Act to develop, at full Federal expense, detailed plans and specifications and to construct measures in Tarrant County, Texas, to eliminate flood damage in the historical stockyards area along Tony's Creek and Marine Creek. Authorizes and directs the Tennessee Valley Authority to grant a release from the restriction and covenant which requires that certain property located in Decatur, Alabama, be used solely for the purpose of erecting docks and buildings for shipbuilding purposes or for the manufacture or storage of products for the purpose of trading or shipping in transportation. Authorizes the Secretary to construct, establish, equip, maintain, and operate (or assist in doing so) an interagency child care facility at Fort Point, Galveston, Texas, to provide child care services for children of Federal employees. Sets forth provisions regarding the establishment of fees for such services, transfers of funds from Federal agencies in connection with such facility, and the Secretary's authority to accept donations. Authorizes appropriations. Authorizes and directs the Secretary to offer technical assistance to the National Park Service (NPS) on infrastructure repairs and improvements at the Presidio of San Francisco, California, during the transition period from Army to NPS management and after its inclusion into the Golden Gate National Recreation Area. Requires the Secretary to assist the NPS in identifying opportunities at the Presidio for demonstration and education programs of environmentally suitable and innovative technologies, and make available a liaison from its Construction Engineering Research Laboratory for such purpose. Directs the Secretary to develop a comprehensive five- and 20-year sediment management strategy for the Maumee River, Toledo Harbor, which may include a combination of several sediment disposal alternatives and shall emphasize innovative, environmentally benign alternatives, including reuse and recycling for wetland restoration. Authorizes the Secretary to conduct the engineering and construction activities necessary to implement the five-year sediment management strategy. Authorizes appropriations. Amends the Water Resources Development Act of 1990 to repeal an authorization of appropriations for the relocation of the Southeast Light on Block Island, Rhode Island. Sets forth cost-sharing provisions. Authorizes the Secretary to reconstruct the Allendale Dam in North Providence, Rhode Island, subject to specified cost, cost-sharing, and other requirements. Directs the Secretary to execute a water supply contract with the Ouachita River Water District for withdrawals from Lake DeGray, Arkansas, as provided in the agreement forwarded by the Vicksburg District Corps of Engineers dated March 1992. Authorizes the Secretary (subject to specified requirements) to: (1) remove a sunken barge from waters off the shore of the Narragansett Town Beach in Narragansett, Rhode Island; (2) construct two elevated water storage towers at Quonset Point-Davisville, Rhode Island, and to relocate 6,000 linear feet of sewer lines to West Davisville, Rhode Island; and (3) undertake the repair and reconstruction of a flood wall system at Stillwater, Minnesota, including an extension of such system to prevent the continuous eroding of the riverfront. Amends the Federal Water Pollution Control Act to provide that: (1) prior to October 1, 1994 (currently, 1992) the Administrator of the Environmental Protection Agency or the State shall not require a permit for stormwater discharges; and (2) not later than October 1, 1993 (currently, 1992) the Administrator shall issue regulations which designate certain stormwater discharges to be regulated to protect water quality and establish a comprehensive program to regulate such designated sources. Title IV: Infrastructure Technology, Research and Development - Authorizes the Secretary to engage in activities to inform the U.S. maritime industry and port authorities of technological innovations abroad that could significantly improve waterborne transportation in the United States. Sets forth funding provisions. Authorizes the Secretary to conduct such studies as necessary to provide a report to the Congress on the dredging needs of the national ports and harbors of the United States. Authorizes appropriations. Deauthorizes the responsibility of the Federal Government to maintain and operate a 1,400-foot eathen dike constructed by local interests in lieu of a 1,400-foot steel sheetpile breakwater authorized as part of the Flushing Bay and Creek, New York, project by the River and Harbor Act of 1962. Authorizes and directs the Secretary to develop a data collection and monitoring program of coastal processes for the Atlantic Coast of New York, from Coney Island to Montauk Point, with a view toward providing information necessary to develop a program for addressing post-storm actions and long-term shoreline erosion control. Directs the Secretary to provide an initial plan for data collection and monitoring to specified congressional committees within 12 months. Authorizes appropriations. Directs the Administrator and the Secretary: (1) within a year, based upon a review of decontamination technologies identified pursuant to the Water Resources Development Act of 1990, to jointly select removal, pretreatment, post-treatment, and decontamination technologies for contaminated marine sediments for a decontamination project in the New York/New Jersey Harbor; and (2) upon selection of technologies, to jointly recommend a program of selected technologies to assess their effectiveness in rendering sediments acceptable for unrestricted ocean disposal or beneficial reuse, or both. Authorizes appropriations. Title V: Contaminated Sediment and Ocean Dumping - National Contaminated Sediment Assessment and Management Act - Establishes a National Contaminated Sediment Task Force. Sets forth provisions regarding the duties and compensation of the Task Force. Sets forth reporting requirements. Directs the Administrator to: (1) conduct a comprehensive national survey of data regarding aquatic sediment quality in the United States; and (2) compile all existing information on the quantity, chemical and physical composition, and geographic location of pollutants in aquatic sediment, including the probable source of such pollutants and identification of contaminated sediments. Sets forth reporting requirements. Requires the Administrator to conduct a comprehensive and continuing program to assess aquatic sediment quality. Sets forth reporting requirements. Amends the Marine Protection, Research, and Sanctuaries Act of 1972 to revise provisions regarding: (1) ocean dumping requirements (including the addition of a requirement that the Secretary, prior to issuing a permit, obtain the concurrence by the Administrator and the establishment of related procedures); (2) restrictions on States' rights to adopt or enforce requirements respecting ocean dumping (eases such restrictions under specified circumstances); (3) the designation of sites for dumping; (4) permit conditions; and (5) ocean dumping penalties. Extends the authorization of appropriations under such Act through 1997. Authorizes appropriations to the Administrator for the Task Force and for sediment survey and monitoring. Requires the annual ocean dumping reports required to be submitted to the Congress under such Act to include: (1) a description of the number of permits issued (including the number of permits issued by the Secretary with the concurrence of the Administrator); (2) any actions taken involving waiver of requirements under the dumping permit program for dredged material; and (3) for each permit, the site receiving the material, the volume and characteristics of material dumped (including the extent and nature of pollutants in such material), and the management practices implemented in connection with each disposal activity.
Law· HRH.R. 6133 (102nd)enacted
United States · United States Congress · 5 October 1992
Land Remote Sensing Policy Act of 1992 - Repeals the Land Remote-Sensing Commercialization Act of 1984. Title I: Landsat - Makes the Administrator of the National Aeronautics and Space Administration (NASA Administrator) and the Secretary of Defense jointly responsible for management of the Landsat program. (Currently such program is managed by the National Oceanic and Atmospheric Administration of the Department of Commerce.) Requires establishment of an integrated program management structure for the Landsat system. Directs the NASA Administrator, the Secretary of Defense, and any other Federal official the President designates as responsible for part of the Landsat system, to establish through a management plan the roles, responsibilities, and funding expectations for the Landsat program of the appropriate Federal agencies. Requires the management plan to specify that the fundamental goal of Landsat Program Management (LPM) is continuity of unenhanced Landsat data through acquisition and opearation of a Landsat 7 satellite, as quickly as possible, which is at least functionally equivalent to the Landsat 6 satellite, with the addition of a tracking and data relay satellite communications capability. Requires the management plan to include a baseline funding profile and to specify that any improvements over Landsat 6 capability be funded by a specific sponsoring agency if the required funding exceeds such profile. Requires the plan to provide for a technology demonstration program. Sets forth LPM responsibilities for various functions, including authority to contract. Establishes a Landsat advisory process and LPM reporting requirements. Requires LPM to contract expeditiously with a U.S. private sector entity to develop and deliver Landsat 7 (subject to appropriations and only under the existing contract authority of the Federal Agencies that compose LPM). Sets forth development and delivery considerations for LPM in negotiating such contract. Requires LPM to notify the Congress promptly of any significant cost or schedule changes. Requires LPM to take into account the location of operations, assets, personnel, and other such factors in defining "U.S. private sector entities." Directs LPM to negotiate with the Landsat 6 contractor to formalize a specified arrangement and provide for a phased transition to a data policy consistent with Landsat 7 data policy. Requires a report to the Congress if there is failure to reach an agreement, by September 30, 1993. Transfers to LPM the responsibilities of the Secretary of Commerce with respect to Landsat 6, as agreed to by such Secretary and LPM. Directs LPM to develop a data policy for Landsat 7 which ensures: (1) availability of unenhanced data to all users at the cost of fulfilling user requests; (2) timely and dependable delivery of unenhanced data to the full spectrum of civilian, national security, commercial, and foreign users and the National Satellite Land Remote Sensing Data Archive; (3) U.S. retention of ownership of all unenhanced data generated by Landsat 7; (4) support for developing the commercial market for remote sensing data; (5) retention of commercial value-added services based on remote sensing data as an exclusively private sector function; and (6) compatibility, as much as possible, of the Landsat 7 data distribution system with the Earth Observing System Data and Information System. Allows such data policy also to provide for: (1) U.S. private sector entity operation of ground receiving stations in the United States for Landsat 7 data; (2) other means for direct access by private sector entities to unenhanced data from Landsat 7; and (3) the charging of U.S. Government fees to entities operating ground receiving stations or distributing Landsat 7 data. Requires LPM to report to the Congress a Landsat 7 Data Policy Plan by July 15, 1994. Title II: Licensing of Private Remote Sensing Space Systems - Authorizes the Secretary of Commerce (the Secretary, for purposes of this title) to license private sector parties to operate private remote sensing space systems for such period as the Secretary may specify. Limits the Secretary's authority under this title to remote sensing operations only of any private space systems used for those and other purposes. Requires, before a license may be granted, the Secretary to determine in writing that the applicant will comply with requirements of and regulations under this Act, and any applicable U.S. international obligations and national security concerns. Sets deadlines for the Secretary's actions on applications. Prohibits the Secretary from denying a license in order to protect any existing licensee from competition. Directs the Secretary to designate in the licence any unenhanced data which the licensee is required to provide. Requires such licenses for operation of any private remote sensing space system by any persons subject to U.S. jurisdiction or control or by their subsidiaries or affiliates. Provides that such licenses require a licensee to comply with this Act and with specified requirements relating to national security, international obligations, availability of unenhanced data (both to governments with respect to their territory and to users on a nondiscriminatory basis), disposition of satellites, information on orbit and data collection and deviation, and notification about any intended agreement involving foreign nations or entities. Sets forth additional licensing requirements for Landsat 6 contractors, including notification and compliance plans with respect to any value added activities. Sets forth the administrative authority and the regulatory authority of the Secretary with respect to this title. Provides for licensing private entities to operate private remote sensing space systems which use, on a space-available basis, civilian U.S. Government space satellites or vehicles as platforms. Authorizes the Secretary to license such system if: (1) the operator agrees to reimburse the Government for all related costs, including a share of fixed, platform, data transmission, and launch costs; and (2) the use would not interfere with or compromise intended civilian Government missions. Title III: Research, Development and Demonstration - Directs the NASA Administrator and the Secretary of Defense to continue and enhance remote sensing research and development programs. Authorizes the NASA Administrator to conduct experimental space remote sensing programs. Authorizes the Secretaries of Agriculture and of the Interior to research and develop applications of remote sensing to the management and use of renewable and nonrenewable resources of the United States. Requires all unenhanced land remote sensing data gathered and owned by the U.S. Government to be made available to users in a timely fashion. Directs the President to seek to ensure that unenhanced data gathered under the technology demonstration program are made available on terms that would not adversely affect the commercial market for unenhanced data gathered by the Landsat 6 spacecraft. Directs the President to establish a technology demonstration program, through appropriate U.S. Government agencies, as a fundamental component of a national land remote sensing strategy. Requires such program to seek to launch advanced land remote sensing system components within five years after enactment of this Act and to demonstrate, within such period: (1) advanced sensor capabilities suitable for use in the anticipated land remote sensing program; and (2) an advanced land remote system design that could be less expensive to procure and operate than the Landsat system projected to be in operation through the year 2000. Directs the President, in executing such program, to seek to apply intelligence gathering technologies to the extent that they are appropriate for the technology demonstration and can be declassified without harm to national security. Requires such program to be designed to be responsive to the broad civilian, national security, commercial, and foreign policy needs of the United States. Allows such program to be carried out in part with private funding. Requires LPM to have a coordinating role in such program. Directs the President to assess the program's progress and report to the Congress within two years after enactment of this Act. Title IV: Assessing Options for Successor Land Remote Sensing System - Directs LPM to assess and report to the Congress on the options for a successor land remote sensing system to Landsat 7. Requires the report to fully assess advantages and disadvantages of funding and management of a successor system by: (1) the private sector; (2) an international consortium; (3) the U.S. Government; and (4) a cooperative effort by the U.S. Government and the private sector. States that preference should be given to private sector system development, without competition from the U.S. Government, if a successor land remote sensing system to Landsat 7 can be funded and managed by the private sector while still achieving specified goals and without jeopardizing U.S. domestic, national security, and foreign policy interests. Title V: General Provisions - Provides for nondiscriminatory availability of data. Requires that any unenhanced data generated by the Landsat system, or by any other land remote sensing system funded and owned by the U.S. Government, be made available, with specified exceptions, to all users on a nondiscriminatory basis. Declares it to be in the public interest for the U.S. Government to maintain an archive of land remote sensing data for historical, scientific, and technical purposes. Directs the Secretary of the Interior to provide for such data's storage, maintenance, and upgrading. Allows the sale of unenhanced data distributed by any licensee only on condition that it will not be reproduced or disseminated by the purchaser for commerical purposes. Authorizes the NASA Administrator, the Secretary of Defense, and other U.S. Government agency heads to provide assistance to land remote sensing system operators under this Act. Requires such operators to reimburse the Government for such assistance, except as otherwise provided by law. Authorizes LPM, by a competitive process, to allow a licensee or any other private party to acquire use of equipment from the Landsat system when it is no longer needed to operate, or sell data from, the system. Requires the filing of an application with the Federal Communications Commission (FCC) for any radio facilities involved with commercial remote sensing space systems licensed under this Act. States that FCC authority shall not be required for development and construction of any U.S. land remote sensing space system (or component), other than radio transmitting facilities or components, while any licensing determination is being made. Directs the Secretary of Commerce and LPM to consult with: (1) the Secretary of Defense on all matters under this Act affecting national security; and (2) the Secretary of State on all matters under this Act affecting international obligations. Directs the Secretary of State to report to the Secretary of Commerce and LPM any instances outside the United States of discriminatory distribution of Landsat data. Requires LPM to report to the Congress on Landsat system operations, including timely notification of decisions relating to national security concerns and international obligations. Authorizes the Secretary of Commerce to require Federal agencies which request imposition of technical modifications on a licensee for national security reasons to reimburse the licensee for certain additional or past development costs (but not for anticipated profits or costs ordinarily associated with doing business abroad). Directs the Secretary of Commerce, in collaboration with the private sector entities responsible for marketing and distributing Landsat system unenhanced data, to develop and implement an enforcement system to ensure that such data received solely for noncommercial purposes are not used for any commercial purpose, in the event that such data are made available for noncommercial purposes at a different price than for other purposes. Provides for the Secretary's enforcement authority, enforcement mechanisms, and procedures and regulations. Title VI: Prohibition of Commercialization of Weather Satellites - Prohibits the President and any other U.S. Government official from making any effort to lease, sell, or transfer to the private sector, or commercialize, any portion of the weather satellite systems operated by the Department of Commerce or any successor agency. Prohibits any such action regardless of any change in circumstances subsequent to enactment of this Act and even if such change makes such commercialization appear to be in the national interest, unless this title has first been repealed.
Bill· HRH.R. 6136 (102nd)referred
United States · United States Congress · 5 October 1992
Provides for the withdrawal of nondiscriminatory treatment (most-favored-nation treatment) with respect to products imported from the Republic of Turkey. Authorizes the President to restore nondiscriminarty treatment to Turkish goods 30 days after certifying to the Congress that Turkey has: (1) released and accounted for the Americans abducted by Turkish forces during the invasion of Cyprus in 1974 and the Greek Cypriots who have been missing since that invasion; (2) restored to original condition for Christian worship churches that were converted to mosques; (3) withdrawn from Cyprus all Turkish military forces in excess of those permitted by the 1960 Treaty of Alliance and all Turkish colonists; (4) returned the area of Famagusta/Varosha to Cyprus; (5) returned property of U.S. citizens that was illegally taken by Turkish forces and the Denktash Turkish Cypriot regime; (6) undertaken negotiations that have resulted in progress toward establishing democracy in Cyprus; (7) halted its violations of the human rights of its Kurdish citizens; and (8) complied with the United Nations Charter, specified United Nations resolutions, and the North Atlantic Treaty, and is not engaged in human rights violations or ethnic cleansing.
Bill· HRH.R. 6158 (102nd)referred
United States · United States Congress · 5 October 1992
Amends the Indian Gaming Regulatory Act (the Act) to revise conditions under which a tribe may receive certification for certain types of gaming activities on Indian lands. Allow a State the option to consent to enter into negotiations with a tribe to enter into a class III gaming certification compact. (Current law requires such negotiations.) Allows a tribe to apply to the National Indian Gaming Commission (the Commission) for a class III gaming certificate if a State fails to consent to Federal court jurisdiction or raises a defense against such jurisdiction, or the Federal court finds it lacks such jurisdiction, for any reason not curable by the tribe. Directs the Commission to approve the application if such gaming will be conducted in accordance with a tribal ordinance or resolution and will be located in a State that permits such gaming for any purpose, by any person, organization, or entity. Authorizes the Commission to add regulatory or licensing provisions as a condition of such approval and to impose annual fees to defray reasonable costs of regulation. Declares that this Act shall not impair the validity of any tribal-State compact entered into under specified provisions of the Act.
Bill· HRH.R. 6150 (102nd)referred
United States · United States Congress · 5 October 1992
Foreign Aid Reduction and Reform Act of 1992 - Declares the policy of the Congress that: (1) humanitarian aid to foreign nations should continue to be provided in the form of grants; (2) foreign aid to military and economic development purposes should be converted to loans, rather than grants; and (3) the conversion should be implemented over a reasonable period of time, in recognition of prior commitments and managerial efficiency. Title I: Foreign Operations, Export Financing, and Related Programs - Rescinds FY 1993 funds made available to the President for the Agency for International Development for: (1) population, development assistance; (2) operating expenses; (3) the housing guaranty program account; (4) the economic support fund; (5) the international fund for Ireland; (6) Philippines assistance; (7) assistance for Eastern Europe and the Baltic States; and (8) assistance for Russia and emerging Eurasian democracies. Rescinds funds made available to the African Development Foundation and the Inter-American Foundation. Provides supplemental FY 1993 funds to the: (1) Overseas Private Investment Corporation Program account; (2) the Peace Corps; and (3) the Department of State for international narcotics control and anti-terrorism assistance. Rescinds funds made available to the President for international military education and training and the foreign military financing program. Provides supplemental FY 1993 funds to the President for direct loans under the foreign military financing program, peacekeeping operations, the subsidy appropriation, and administrative expenses. Title II: Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies - Rescinds FY 1993 funds made available to the Department of State for: (1) the administration of foreign affairs; (2) the Office of Inspector General; (3) representation allowances; (4) protection of foreign missions and officials; (5) acquisition and maintenance of buildings abroad; (6) emergencies in the diplomatic and consular service; (7) the repatriation loans program account; (8) payment to the American Institute in Taiwan; and (9) international organizations and conferences. Rescinds FY 1993 funds made available to: (1) certain international commissions; (2) payment to the Asia Foundation; (3) the Board for International Broadcasting; (4) the Commission for the Preservation of America's Heritage Abroad; (5) the International Trade Commission; (6) the Japan-United States Friendship Commission; and (7) the United States Information Agency.
Bill· HRH.R. 6145 (102nd)referred
United States · United States Congress · 5 October 1992
Amends the Department of Defense Authorization Act, 1987 to require at least five percent of the total funds obligated for Department of Defense procurement contracts to be used for contracts entered into with small disadvantaged business concerns, historically Black colleges and universities, and certain minority institutions. (Currently, such percentage is a goal under such Act as opposed to a requirement.)
Bill· HRH.R. 6141 (102nd)referred
United States · United States Congress · 5 October 1992
Oxbow National Wildlife Refuge Expansion Act of 1992 - Directs the Secretary of the Army and the Secretary of the Interior to enter into a memorandum of understanding to provide for the transfer of certain jurisdictional rights over a portion of the Fort Devens Military Reservation in Massachusetts to the Secretary of the Interior for inclusion in the Oxbow National Wildlife Refuge. Excludes certain property and facilities from such transfer. Provides for the continuation of the Secretary of the Army's responsibility and liability for environmental cleanup with respect to the area transferred above. Directs the Secretary of the Interior to transfer to the Town of Lancaster, Massachusetts, certain real property at the Reservation.
Bill· HRH.R. 6160 (102nd)referred
United States · United States Congress · 5 October 1992
Amends the Federal criminal code to delete the $250 cap on the maximum fine for the unauthorized wearing, manufacturing, or selling of military decorations or medals. Specifies that if the decoration or medal involved in the offense is a Congressional Medal of Honor the offender shall be fined or imprisoned for not more than one year, or both. Includes as sales, with respect to a Congressional Medal of Honor, trades, barters, or exchanges for anything of value.
Bill· HRH.R. 6152 (102nd)referred
United States · United States Congress · 5 October 1992
Establishes the position of Director of Criminal Investigations to be appointed by the Secretary of Defense from among civilians who have significant experience in criminal investigations. Requires the Director to report directly to the Secretary. Requires the Director to obtain, compile, store, monitor, and report information on each allegation of sexual misconduct of a member of the armed forces (or a dependent) against another member of the armed forces or a dependent of such member. Requires such Director to: (1) make such information available to the Secretary, the Secretaries of the military departments, the Congress, and any law enforcement agency or court concerned; (2) investigate each allegation made directly, or referred, to the Director; and (3) monitor the conduct of such investigations by units, offices, agencies, and other organizations within the Department of Defense (DOD) regarding allegations of sexual misconduct. Authorizes the Director to inspect and report to the Secretary on any other investigation being conducted within DOD. Authorizes the Director to refer for prosecution any case of sexual misconduct. Requires the Director to report each such referral to the Secretary. Requires each member of the armed forces and employee of DOD who receives an allegation of sexual misconduct to notify the Director. Directs the Secretary to report to the Congress annually on the number and disposition of cases of sexual misconduct by members of the armed forces and employees of DOD. Amends the Federal criminal code to provide criminal penalties for each member of the armed forces or DOD employee who fails to undertake an investigation (if so required) or who receives an allegation of sexual misconduct and fails to notify the Director. Provides lesser penalties for the failure of such members or employees to act on an allegation of civil sexual misconduct. Directs the Secretary to require that the commitment of an employee of DOD or a member of the armed forces to the elimination of sexual harassment in their place of work or duty and at other DOD installations and facilities be one of the factors considered in the preparation of performance evaluations and the determination of the appropriateness of promotions or selection for the receipt of financial performance awards. Requires the Secretary to report annually to the Congress on the implementation of such regulations. Prohibits the Secretary and the Secretary of the military department concerned from approving for a financial award or promotion any DOD employee or member of an armed force who: (1) has been convicted of a criminal offense involving sexual misconduct; or (2) has received any other disciplinary or adverse personnel action on the basis of having engaged in sexual misconduct. Directs the Secretary to prescribe regulations that prohibit officers and employees of DOD from retaliating or taking an adverse personnel action against any other officer or employee for reporting sexual misconduct by an officer or employee of DOD or member of the armed forces or for providing information in an investigation or other action relating to an allegation of sexual misconduct. Requires the Secretary of each military department to prescribe similar regulations prohibiting such retaliatory measures by members under their respective armed force. Makes violations of such regulations punishable under applicable provisions of the Uniform Code of Military Justice.
Bill· HRH.R. 6144 (102nd)referred
United States · United States Congress · 5 October 1992
Directs the Secretary of Defense to establish a program to assist eligible members of the armed forces after their separation from active duty to: (1) obtain certification in the occupations of the allied health professions, nursing, and social work; and (2) fill employment vacancies in such occupations existing in community health centers that serve medically underserved populations, other nonprofit community health centers, and nursing homes that participate in State Medicaid (title XIX of the Social Security Act) programs (underprivileged and Medicaid health services). Directs the Secretary to: (1) conduct a survey to identify those States with alternative certification requirements for allied health professionals, nursing professionals, or social workers; and (2) periodically request information from such States to identify underprivileged and Medicaid health services that are experiencing a shortage of allied health professionals, nursing professionals, or social workers. Makes eligible for the program members of the armed forces who: (1) during the five-year period beginning on October 1, 1992, are discharged or released from active duty under honorable conditions after two or more years of continuous active-duty service immediately before such discharge; (2) have received a minimum of a high school diploma or its equivalent; and (3) are certified as allied health professionals, nursing professionals, or social workers or are determined by the Secretary as likely to obtain such certification within a reasonable time after discharge or release. Authorizes the Secretary to accept program applications from members discharged or released during the period between October 1, 1990, and October 1, 1992, if other eligibility conditions are met. Outlines application requirements. Requires the Secretary to give priority to members who have educational or military experience related to health care or social work or in another subject area identified by the Secretary as important for national health care objectives. Requires sufficient appropriated funds before program operation. Requires members chosen for the program to enter into an agreement with the Secretary in which the member agrees to either obtain certification as a health or nursing professional or social worker within a reasonable time period or, within such time period, to obtain full-time employment within the underprivileged and Medicaid health services. Directs the Secretary to pay a stipend to participating members during their period of obtaining certification or while seeking employment. Requires stipend reimbursement upon failure to meet program agreement conditions, with exceptions. Sets forth similar provisions requiring the Secretary to establish a program to assist eligible civilian employees of the Departments of Defense and Energy to either obtain certification in such fields or to obtain employment in the underprivileged and Medicaid health services. Makes eligible for such program employees who were terminated (no two-year minimum service requirement necessary) from such employment as a result of reductions in defense spending or the closure or realignment of a military installation. Provides similar provisions as under the armed forces program with respect to applications, participant selections, priorities in employment, required appropriations, agreement conditions, and stipend payments.
Resolution· HRESH.Res. 602 (102nd)passed
United States · United States Congress · 5 October 1992
Waives all points of order against the consideration of the conference report on H.R. 5504 (armed forces funding).
Resolution· HCONRESH.Con.Res. 379 (102nd)open
United States · United States Congress · 5 October 1992
Makes technical corrections in the enrollment of H.R. 5006 (defense authorization for FY 1993).
Resolution· HCONRESH.Con.Res. 375 (102nd)referred
United States · United States Congress · 4 October 1992
Commends the designation by Central High School in Chattanooga, Tennessee, of its: (1) football stadium as Central Memorial Stadium in honor of the men and women who attended the school and died during wartime while serving with the U.S. armed forces; and (2) football field as Etter-Farmer Field in honor of E.B. "Red" Etter and Stan Farmer (former football coaches at the school).
Bill· HRH.R. 6115 (102nd)referred
United States · United States Congress · 3 October 1992
Names the nuclear-powered aircraft carrier designated as CVN-76 the U.S.S. Harry S Truman.
Resolution· HRESH.Res. 598 (102nd)referred
United States · United States Congress · 3 October 1992
Expresses the sense of the House of Representatives that: (1) the United States should be on the side of the victims, of democracy, and of independence and freedom with respect to the crisis in the former Yugoslavia; (2) the most constructive role that United Nations (UN) forces can play is on the border of Serbia and Bosnia-Hercegovina; (3) funding for radio broadcasting to Serbia and Montenegro should be authorized for Radio Free Europe through the Board for International Broadcasting; (4) until human rights are completely respected, the current Federal Republic of Yugoslavia should not regain its seat at the UN and Yugoslavia's preferential trade status with the United States should be withdrawn; (5) a war crimes forum should be convened in conjunction with the UN Human Rights Commission and Helsinki Watch and a central office for collecting information on human rights abuses, initiating cases, and pressing charges with respect to the crisis should be established and supported; (6) the actions by Serbia to purposely mislead the United States and the UN by hiding its heavy military weapons from UN inspection teams and by using such weapons against a civilian population should be considered a specific war crime and should be stopped immediately; and (7) the United States should immediately close its embassy in Belgrade and break all diplomatic ties with Serbia and Montenegro, the current Federal Republic of Yugoslavia.
Bill· SS. 3302 (102nd)referred
United States · United States Congress · 2 October 1992
Women in the Armed Forces Commemorative Coins Act - Directs the Secretary of the Treasury to: (1) mint and issue coins to commemorate the women who have served in the armed forces of the United States; and (2) transfer the surcharges received from coin sales to the Women in Military Service for America Memorial Foundation to be used to create, endow, and dedicate the Women in the Armed Forces Memorial.
Bill· HRH.R. 6100 (102nd)referred
United States · United States Congress · 2 October 1992
American Consumers Health Care Reform Act of 1992 - Title I: Immediate Health Care Reforms - Subtitle A: Expansion of Medicaid Program - Amends title XIX (Medicaid) of the Social Security Act to mandate Medicaid eligibility for all residents of a State: (1) who are U.S. citizens or nationals or lawful resident aliens; (2) whose income does not exceed specified percentages of the poverty level, increasing those percentages between the first and second effective fiscal years; and (3) whose resources do not exceed the limits set by title XVI (Supplemental Security Income) of the Social Security Act. Terminates, two years after this Act becomes effective, payments to States (and State obligations to provide assistance) under Medicaid, except for outpatient prescription drugs and biologicals, home health care, nursing facility services, community supported living, home and community-based services, and other items and services that relate to long-term care and are not covered under Medicaid provisions added by this Act. Includes in the assistance made available under this Act assistance for the same amount, duration, and scope as under certain Medicaid provisions relating to medical assistance, except for nursing facility or home health care services. Regulates cost-sharing: (1) prohibiting it for services related to pregnancy, preventive services, or services to children under 19; (2) limiting it for individuals whose income is under 50 percent of the poverty level; (3) specifying copayment amounts for other services and individuals; and (4) limiting total cost-sharing per year. Phases in an increased Federal medical assistance percentage (FMAP) for acute care services and a modified FMAP for items and services other than acute care services. Prohibits assistance under these provisions and the increased FMAP unless the State continues to provide home health care and nursing facility services. Directs the Secretary of Health and Human Services to develop standards for State long-term care plans under existing Medicaid provisions at the end of a specified transition period. Mandates a report on the impact on States of the FMAP decrease for outpatient prescription drugs. Amends Medicaid provisions to establish a Federal medical assistance program regarding acute care services for poor individuals and certain assistance for Medicare (title XVIII of the Social Security Act) cost-sharing for certain Medicare beneficiaries. Authorizes appropriations to carry out the provisions relating to the new program and such Medicare assistance. Mandates payment for items and services furnished to: (1) U.S. citizens, nationals, or lawful resident aliens; (2) whose incomes do not exceed specified percentages of the poverty level, increasing those percentages in the third through fifth effective fiscal years; and (3) whose resources do not exceed a specified level. Mandates payment for Medicare cost-sharing for: (1) Medicare beneficiaries; (2) disabled and working individuals, as defined in specified provisions; and (3) individuals who would be Medicare beneficiaries but for their income being between 100 and 120 percent of the poverty line. Specifies covered services, including certain: (1) inpatient and outpatient hospital services; (2) consistent with State law, rural health clinic services; (3) other laboratory and X-ray services; (4) screening, diagnostic, and treatment services; (5) family planning services and supplies; (6) physician's services; (7) medical and surgical services furnished by a dentist; (8) nurse-midwife services; and (9) pediatric or family nurse practitioner services. Excludes certain nursing facility and home health care services. Prohibits fixed limitations on the amount, duration, and scope of medically necessary services. Phases in, over two years, a requirement that payment rates for such services be the same under Medicaid as under Medicare. Mandates adjustment of such payment rates for demographic and geographic characteristics. Limits payments for such services based on Medicare participation conditions and agreements. Regulates cost-sharing: (1) prohibiting it for services related to pregnancy, preventive services, or services to children under 19; (2) limiting it for individuals whose income is under 50 percent of the poverty level; (3) specifying copayment amounts for other services and individuals; and (4) limiting total cost-sharing per year. Requires: (1) eligibility for these services to be determined by the same entity in a State that determines eligibility for benefits under title XVI (Supplemental Security Income) of the Social Security Act; and (2) payment to providers to be made through the same entity or entities that make provider payments under Medicare, as amended by this Act. Mandates encouragement of the development and application of managed care arrangements to the provision of such services, including primary care case-management arrangements, health maintenance organizations, and competitive medical plans. Requires comprehensive managed care arrangements to include capitation payments at a level equivalent to payments that would be made for individuals not enrolled in such an arrangement. Requires State maintenance of effort, phasing in over nine years an increased Federal percentage and phasing out over the same period the FMAP for services not covered. Mandates a study on the effect of the State maintenance of effort requirements on different States and on the relation of the total amount of maintenance of effort to the long-term care needs in each State. Subtitle B: Medicare Reform - Directs the Secretary of Health and Human Services to take steps to consolidate the administration of Medicare parts A (Hospital Insurance) and B (Supplementary Medical Insurance) over a five-year period, contracting with a single entity that combines the intermediary and carrier functions in each area, except where special regional or national contracts are appropriate. Mandates development of payment proposals that eliminate inconsistent incentives under Medicare. Subtitle C: Health Benefit Plan Reform - Part 1: Preemption of State Mandatory Benefit Laws and Anti-Managed Care Laws - Preempts State laws, as applied to a qualified small employer (not over 100 employees) purchasing group (having at least 100 employer members per State): (1) requiring the offering, by an employer member, of any health benefit plan services, category of care, or services of any class or type of provider; or (2) prohibiting a group of employers from purchasing health insurance with respect to member employers or their employees. Preempts State laws: (1) restricting carriers from negotiating provider reimbursement rates or contracting selectively with one provider or a limited number of providers; (2) limiting the financial incentives a health benefit plan may require a beneficiary to pay when a non-plan provider is used on a non-emergency basis; or (3) restricting utilization review in certain ways. Requires the Comptroller General to study the benefits and cost effectiveness of the use of managed care in the delivery of services. Ends the preemptions mandated by this paragraph five years after enactment of this Act. Part 2: Restriction on Pre-Existing Condition Provisions for Employer Health Insurance - Prohibits a carrier from imposing certain preexisting condition limitations or exclusions. Requires carriers to waive a preexisting condition waiting period in certain circumstances. Part 3: Small Employer Insurance Market Reforms - Requires a carrier that offers a small employer health plan in a State to offer the same plan to any other small employer in the State. Allows refusal to issue or renew (or termination of) such a plan only for nonpayment of premiums, fraud, or misrepresentation. Requires, after a minimum benefit package is established under provisions of this Act, that each such carrier make available a plan that only provides for such minimum benefits. Declares that a plan offered through an association composed exclusively of employers (which may include self-employed individuals) and formed for purposes other than obtaining health insurance need not be offered to individuals who are not employees of employer members or self-employed members. Allows health maintenance organizations to have geographic and size limits. Requires: (1) a single cohesive rating system applied consistently for all small employers and actuarially certified annually; and (2) the reference premium rate charged for a small employer health plan with similar benefits in a community for a type of family enrollment to be the same for all small employers. Allows limited reference premium rate adjustment based on the age and gender of covered individuals. Requires each small employer health plan to permit enrollment of three classes: (1) one adult; (2) a married couple without children; and (3) a married couple with one or more children or one adult with one or more children. Part 4: Establishment of Standards; Enforcement; General Definitions - Mandates development of standards to carry out parts 2 and 3 of this subtitle. Requires each State to report to the Secretary on the enforcement of the standards. Permits more stringent State standards. Directs the Secretary to provide for enforcement if a State fails to do so and with respect to plans not subject to State regulation. Amends the Internal Revenue Code to impose a tax on the failure of any carrier to comply with part 2 standards or of any small employer carrier to comply with part 3 standards. Subtitle D: Medical Malpractice Reform - Part 1: General Provisions - Applies this subtitle to any medical malpractice liability action in any State or Federal court, except regarding: (1) a vaccine-related injury or death covered by certain provisions of the Public Health Service Act; or (2) injuries allegedly arising solely from the use of a medical product. Preempts inconsistent State laws. Part 2: Uniform Standards for Medical Malpractice Liability Actions - Sets forth time limits for bringing medical malpractice liability claims. Prohibits bringing such a claim in a State court unless the claim has been initially resolved under an alternative dispute resolution system (ADR) certified by the Secretary under this Act. Gives an ADR decision the same status, for purposes of court enforcement, as the verdict of a medical malpractice action adjudicated in a State or Federal trial court. Provides for the treatment of an ADR decision regarding going forward with the action and the burden of proof. Amends Federal law relating to judicial procedure to require each Federal agency to use an alternative means of dispute resolution to settle a medical malpractice claim against the United States. Mandates a pretrial settlement conference. Limits: (1) noneconomic damages to a specified dollar amount; and (2) punitive damages to twice the damages awarded to the plaintiff and the plaintiff's family. Requires any punitive damages to be paid to the State in which the action is brought. Requires that State to use such amounts to carry out activities to assure the safety and quality of health care services, including: (1) licensing health care providers; (2) operating ADRs; (3) operating public education programs; and (4) carrying out programs to reduce malpractice-related costs for providers volunteering services in medically underserved areas. Mandates periodic payment for future losses, if over a specified amount. Limits contingent plaintiff's attorney's fees. Mandates awarding attorney's fees, expert fees, and certain other litigation expenses to the contesting party if the court upholds an ADR ruling. Makes medical malpractice liability several only and not joint, with each defendant being liable only for their percentage of the responsibility. Prohibits a finding of negligence in a medical malpractice liability action unless the conduct at the time of providing the services was not reasonable. Declares it to be a complete defense that the defendant followed the appropriate practice guideline, provided the Secretary has sanctioned the use of the guideline for purposes of an affirmative defense. Sets forth a sanctioning process. Declares that a prima facie case of negligence is not presented solely by showing that the defendant failed to follow the appropriate practice guideline. Prohibits a finding of malpractice relating to services during labor or delivery if the defendant did not previously treat the plaintiff for the pregnancy unless the malpractice is proven by clear and convincing evidence. Specifies the ways and extent to which this part supersedes State laws. Part 3: Requirements for State Alternative Dispute Resolution System (ADR) - Lists requirements for State ADRs, including that they: (1) apply to all medical malpractice claims under the State courts; and (2) transmit findings of malpractice to the State agency responsible for monitoring or disciplining providers. Requires application of the provisions of part 2 to claims under a State's ADR as such provisions apply to actions brought in the State. Provides for certification of State ADRs. Mandates a report to the Congress describing and evaluating State ADRs. Part 4: Other Requirements and Programs - Amends the Social Security Act to authorize appropriations (and modify existing authorizations of appropriations) to carry out provisions regarding research on outcomes of health care services and procedures, earmarking funds for sanctioning practice guidelines for an affirmative defense in medical malpractice liability actions. Directs the Secretary, in order to facilitate the research, to conduct and support data collection on medical malpractice actions. Mandates: (1) development of a standard reporting form for State ADRs regarding resolved disputes; and (2) a study on the effect of the malpractice guidelines developed by the Administrator for Health Care Policy and Research on malpractice incidence and costs. Allows, notwithstanding any other provision of State or Federal law, a State agency responsible for disciplinary actions for a type of health care practitioner to enter into agreements with State or county professional societies to participate in the licensing of such practitioner and the review of any malpractice action or allegation or other information concerning the practice patterns of the practitioner. Requires each State to require: (1) each health care professional and provider to participate in a risk management program to prevent and provide early warning of practices which may endanger patients; and (2) each malpractice insurance provider to establish risk management programs and require those maintaining insurance to participate. Mandates grants: (1) for the conduct of basic research on the prevention of and compensation for injuries resulting from health care professional or provider malpractice and research on the outcomes of health care procedures; (2) to States to improve each State's ability to license and discipline health care professionals; (3) for public education on appropriate health care use and realistic expectations; (4) for public education on the resources and role of health professional licensing and disciplinary boards; and (5) for developing faculty training and curricula for educating health professionals in quality assurance, risk management, and medical injury prevention. Authorizes appropriations. Mandates a study on the factors preventing or discouraging physicians from volunteering to provide services in medically underserved areas. Subtitle E: Medical Education Reform - Amends Medicare provisions to require that, ten years after enactment of this Act, half of: (1) direct graduate medical education cost payments be made for residency training in primary care fields; and (2) indirect medical education cost payments be made for physicians in primary care fields. Amends the Public Health Service Act to require that, ten years after enactment of this Act, half of all new insured loans to and installments on lines of credit for graduate students in health professions schools be made for students in primary care fields. Requires each State to develop a comprehensive plan to identify the health personnel needs of its residents. Subtitle F: Public Delivery System - Mandates development of national standards to identify medically underserved populations. Requires each State to develop a comprehensive plan for addressing the needs of such populations under such standards. Authorizes appropriations for additional grants to migrant and community health centers and programs for health services for the homeless to provide for at least one publicly-funded health center in each such identified area. Directs the Secretary to promote individual responsibility in personal health care and in the use of health care resources. Declares that it is the sense of the Congress that the amounts appropriated under provisions relating to the general authority of the Secretary regarding health information and health promotion should be increased sufficiently to permit the Office of Disease Prevention and Health Promotion to carry out specified activities. Directs the President to provide for the coordination and, to the extent appropriate, consolidation of all Federal nutrition activities. Requires establishment of at least four demonstration projects to test alternative ways of promoting informed decision making by providers and patients on the appropriate utilization of expensive life-sustaining technology. Specifies four projects which must be included. Authorizes appropriations. Mandates: (1) development of an action plan for reducing the U.S. incidence of specified health risk factors such as smoking, overweight, sedentary lifestyle, and failure to use seat belts; and (2) identification of Federal policies that may hinder attainment of the plan goals. Subtitle G: Public Disclosure - Directs the Secretary to establish standards for the collection and disclosure of health care data under this subtitle, including a computerized system, a uniform claims format, a mechanism to avoid duplicating Medicare and Medicaid services reporting and to coordinate data collected for such services with other health care services, and a quality- and effectiveness-measuring methodology. Allows the collection and disclosure requirements of this subtitle to be implemented by a State or by the Secretary. Authorizes appropriations. Requires the implementing entity to collect, and data sources to submit, specified data. Mandates publication of specified data, including on at least the most frequent 65 percent of services and payments and including comparisons among providers regarding payments and service effectiveness. Provides for special reports from raw data and for a means for computer-to-computer access to any purchaser. Provides for public access to the data. Prohibits release of specified types of information and imposes criminal penalties. Sets forth procedures for access by purchasers and other parties. Subtitle H: Tax Incentives to Provide Only Minimum Benefits - Amends the Internal Revenue Code to disallow a trade or business expense deduction for health care benefits exceeding the minimum benefits package under title II of this Act. Excludes from an employee's gross income employer-provided health coverage, but only up to the minimum benefit package. Removes provisions ending, on a specified date, the deductibility of a specified percentage of the health insurance expenses of self-employed individuals. Makes the cost of the minimum benefit package coverage fully deductible for such individuals. Title II: National Health Care Reform Proposals - Subtitle A: National Health Care Reform Commission - Establishes the National Health Care Reform Commission, requiring it to: (1) develop national health care goals to improve access to health care, safeguard and improve quality, and control costs; and (2) advise the Secretary on subtitle B demonstration projects and make related evaluations and recommendations. Requires the Commission to submit to the Congress a legislative proposal specifying a minimum benefit package to be used for a demonstration project under this title. Declares that the package, if approved by enactment of a joint resolution, shall also be used for implementing subtitle C (Health Benefit Plan Reform) of title I and determining the tax treatment of employer-paid employee health benefits in excess of the minimum package. Requires: (1) coverage of medically appropriate and cost effective preventive, diagnostic, and therapeutic services; and (2) cost-sharing providing an incentive to avoid unnecessary care while avoiding excessive cost-sharing by individuals with catastrophic illnesses. Sets forth rules, changeable as any other rules of the House of Representatives or the Senate, for the consideration of such a joint resolution. Subtitle B: Demonstration Projects on Alternative Financing and Delivery Systems - Mandates establishment of such demonstration projects as necessary to test alternative methods for organizing the structure of the U.S. health care financing and delivery system. Authorizes the Secretary to initiate projects and seek applications from States. Prohibits projects from increasing Medicare and Medicaid expenditures. Authorizes waivers, as necessary, of requirements of Medicare, Medicaid, the Employee Retirement Income Security Act of 1974, and specified antitrust laws. Requires the Secretary to provide for the transfer from the Federal Hospital Insurance Trust Fund of sums as necessary to provide for evaluations of the projects.
Bill· HRH.R. 6093 (102nd)referred
United States · United States Congress · 2 October 1992
Airport and Airway Safety, Capacity, Noise Improvement and Intermodal Transportation Act of 1992 - Title I: Airport and Airway Improvement Act Amendments - Amends the Airport and Airway Improvement Act of 1982 to declare that it is a goal of the United States to develop a national intermodal transportation system. Authorizes appropriations for FY 1993 through 1995 for: (1) airport development and planning projects; (2) air navigation facilities; (3) weather reporting services for the Federal Aviation Administration (FAA); (4) FAA operations; and (5) expenses incurred in joint financing of air navigation services and in maintaining air navigation facilities. Authorizes appropriations for FY 1994 to augment the Airway Capital Investment Plan, if the Secretary of Transportation (Secretary) determines it is necessary (including a determination with respect to the establishment of more than 23 area control facilities). Amends the Federal Aviation Act of 1958 to revise the minimum Federal appropriation levels which permit imposition of local airport passenger facility fees on airline passengers. Amends the Airport and Airport Improvement Act of 1982 to increase the apportionment of airport development and planning funds for: (1) airports which are served by aircraft providing only air cargo (including mail) transportation; and (2) primary airports. Reduces from 49.5 percent to 44 percent the ceiling on the total amount of all such apportionments in the event any Act of Congress has the effect of limiting or reducing the obligational ceiling for the airway improvement program. Extends the special apportionment treatment of Alaskan airports to those public airports in Alaska that received scheduled service as of September 3, 1982, but were not apportioned funds in FY 1980 because they were not under State or local public agency control. Requires not less than 2.25 percent of airport development and planning funds for FY 1993 through FY 1995 be set-aside for development of current and former military airports. Requires the Secretary to designate such airports for participation in such set-aside program. (Currently, the Secretary is required to designate not less than eight current or former military airports.) Authorizes a specified amount of discretionary airport development and planning funds for FY 1993 through FY 1995 for construction, improvement, or repair of airport surface parking lots, fuel farms, and utilities at such airports. Raises from 10 percent to 15 percent the minimum obligation of apportioned and discretionary funds for airport noise compatibility planning, but reduces it to 12.5 percent in FY 1994 and 1995 if the airway improvement program funds available are less than specified amounts. Authorizes the maximum obligation of the United States for airport development and planning projects for FY 1993 to be increased for an airport (other than a primary airport) by a specified amount. Authorizes the Secretary, in cases where a commercial service airport annually has .05 percent or less of the total enplanements in the United States, to approve, as allowable project costs of an airport development project at such airport, any terminal development in revenue-producing areas and construction, reconstruction, repair, and improvement of nonrevenue-producing parking lots if the sponsor certifies that no project for needed airport development affecting safety, security, or capacity will be deferred by such approval. Sets the Federal share of allowable costs for terminal development at such an airport at 85 percent. Prohibits letters of intent issued by the Secretary from conditioning the obligation of funds for airport development projects on the imposition of a passenger facility charge. Includes as an "airport development" activity the: (1) acquisition or installation at or by a public -use airport of aircraft deicing equipment and structures (other than aircraft deicing fluids and storage facilities for such equipment and fluids); (2) relocation of an air traffic control tower and any navigational aid (including radar) if such relocation is necessary to carry out an approved project; (3) construction, reconstruction, repair, or improvement of an airport (or any purchase of capital equipment for an airport) which is necessary for compliance with specified Federal laws, other than construction or purchase of capital equipment which would benefit a revenue-producing area of the airport used by a nonaeronautical business; and (4) acquisition of land for, or work necessary to construct, a pad for deicing aircraft before takeoff at a commercial service airport, including construction or reconstruction of paved areas, drainage collection structures, treatment and discharge systems, appropriate lighting, and paved access for deicing vehicles and aircraft (but excluding acquisition of aircraft deicing equipment and fluids and construction and reconstruction of storage facilities for such equipment and fluids). Requires as a condition precedent to approval of an airport development project: (1) public availability of any report of the airport budget; and (2) specified kinds of public participation in the project. Repeals the requirement for an annual report to the Congress on the national airways system. Includes Alaskan and Hawaiian airports in the coverage of the Act with respect to passengers enplaned on international flights. Extends the State block grant pilot program for airports through FY 1996. Authorizes the Secretary to designate up to seven (currently, three) qualified States (including Illinois, Missouri, and North Carolina) for participation in such program. Amends the Aviation Safety and Capacity Expansion Act of 1990 to extend the prohibition against the fraudulent use of "Made in America" labels on products sold in or shipped to the United States, and against discrimination by foreign governments against U.S. products, to the award of Federal contracts or grants under a specified section of Federal transportation law or the Airport and Airway Improvement Act of 1982. Authorizes the Administrator of the FAA to make grants to up to four vocational technical institutions for acquisition or construction of facilities for the advanced training of maintenance technicians for air carrier aircraft. Sets forth grant eligibility requirements. Authorizes appropriations. Directs the Administrator of the FAA to develop and submit annually to specified congressional committees a report on: (1) the staffing standards used to determine the number of air traffic controllers needed to operate the air traffic control system of the United States; (2) a three-year projection of the number of air traffic controllers needed to operate such system to meet such standards; and (3) a detailed plan for employing such controllers, including projected budget requests. Requires the Administrator of the FAA to hire additional air traffic controllers so as to make the controller work force not less than 18,128 on September 30, 1993. Prohibits the FAA from entering into any contract on or before September 30, 1994, with a private person for the operation of an airport control tower at any airport which in FY 1990 had 5,500 or more air carrier operations and 40,000 or more air taxi operations unless the airport owner or operator first agrees to the FAA Administrator's entering into such contract. Directs the Administrator of the FAA to study and report to specified congressional committees on: (1) the social, economic, and health effects of airport noise on populations within 65, 60, and 55 LDN noise areas to determine the actual level at which noise creates an adverse impact on populations; and (2) the effect of single event noise on populations. Directs the Administrator of the FAA to: (1) increase the employment of aviation safety inspectors to a specified level by the end of FY 1995; and (2) require, by regulation, procedures to improve safety of aircraft operations during winter conditions. Amends the Federal Aviation Act of 1958 to direct the Administrator of the FAA to update and arrange for publication of clearly defined routes for navigating under visual flight rules through a complex terminal airspace area, and to and from an airport located within such an area. Directs the Secretary to study and report to the Congress on: (1) whether the safety benefits derived from the reflectorization of runways and taxiways of all military airfields under Federal Specification TT-B-1325B should be extended to runways and taxiways of public use airports; (2) the purchase of land for development over five years after purchase (landbanking) and of options to purchase land for airport development, and whether such projects should be funded under the Airport Improvement Program; (3) the current Federal program for monitoring the installation and operation of lighting systems for aircraft obstructions and airport runways; (4) the economic benefits of carrying out airport development projects in "redevelopment areas" under the Public Works and Economic Development Act of 1965; and (5) the ability of airports which annually enplane .05 percent or less of total enplanements in the United States to finance the maintenance of runways, aprons, and taxiways constructed under the Airport Improvement Program. Authorizes the Secretary to make grants under the Aviation Safety and Noise Abatement Act of 1979 for projects to soundproof residential buildings if specified conditions are met. Amends the Airport and Airway Safety and Capacity Expansion Act of 1987 to revise conditions with respect to a release from certain terms and restrictions contained in a certain instrument conveying land on which Laredo International Airport is located to the city of Laredo, Texas. Allows Laredo to grant leases of up to 40 years (currently, 20 years) at below fair market value at the airport. Directs the Administrator of the FAA to study and report: (1) to specified congressional committees on the current and projected need for air traffic control and related services in the airspace around Tucson, Arizona; and (2) to the Congress on increased air traffic over Grand Canyon National Park. Title II: Federal Aviation Act Amendments - Amends the Federal Aviation Act of 1958 to authorize the Administrator of the FAA to enter into a contract, on a sole source basis, with a State or political subdivision to permit it to operate a level I visual flight rules airport traffic control tower if the Administrator determines that such State or political subdivision can comply with certain safety and subcontracting requirements. Authorizes, at the discretion of the Administrator of the FAA, the reimbursement of travel, transportation, and subsistence expenses for the security training of non-Federal domestic and foreign security personnel who contribute to civil aviation security. Requires all persons to give adequate public notice of the establishment or expansion, or the proposed establishment or expansion, of any structure or sanitary landfill where such notice will promote safety in air commerce and preserve the navigable airspace and airport traffic capacity at public-use airports. Directs the Secretary of Transportation to study and report to the Congress on whether a municipal solid waste facility located within a five-mile radius of the end of a runaway may have the potential for attracting or sustaining bird movements (from feeding, water, or roosting) that may pose a hazard across the runways or approach and departure patterns of aircraft. Establishes the National Commission to Ensure a Strong Competitive Airline Industry to investigate the financial condition of the airline industry, the adequacy of competition in it, and legal impediment to a financially strong and competitive airline industry. Requires the Commission to submit a specified report to the Congress. Title III: Research, Engineering, and Development - Federal Aviation Administration Research, Engineering, and Development Authorization Act of 1992 - Amends the Airport and Airway Improvement Act of 1982 to authorize FY 1993 and 1994 appropriations for specified areas of airway improvement research, engineering and development, and demonstrations. Directs the Secretary to report to the Congress on the feasibility of requiring commercial airports and/or commercial airlines to employ portable equipment to deice commercial aircraft before takeoff by placing such equipment close to the departure end of the active runway. Requires the Secretary to research to develop new techniques and more efficient fluids and technologies for deicing. Requires the Administrators of the FAA and the National Aeronautics and Space Administration to jointly conduct a research program to develop new technologies for quieter subsonic jet aircraft engines and airframes by the year 2000. Prohibits a person from affixing "Made in America" labels to products that are not domestic products of the United States. Makes any person that violates such prohibition ineligible for the award of a Federal contract. Requires the head of each Federal agency conducting procurements to comply with the requirements of the Buy American Act. Title IV: Aviation Insurance - Amends the Federal Aviation Act of 958 to authorize Federal agencies to purchase aviation insurance covering any aircraft engaged in intrastate, interstate, or overseas air commerce for any risk (including war risk) if the aircraft operation is in the performance of an agency contract or is for the transportation of military forces or material on behalf of the United States under an agreement between the United States and a foreign government. Extends the aviation insurance program from FY 1992 through FY 1997. Directs the Comptroller General to review and report to the Congress on the administration of the aviation insurance program during the Persian Gulf conflict in order to determine methods of improving efficiency by reducing the paperwork and time period required for providing such insurance. Title V: Extension of Airport and Airway Trust Fund - Amends the Internal Revenue Code to extend the authority of the Airport and Airway Trust Fund through October 1, 1995. Declares that, in the case of certain taxes imposed before January 1, 1993, the amounts to be appropriated to the Fund shall be determined without regard to any increase in a rate of tax enacted by the Revenue Reconciliation Act of 1990.
Bill· HRH.R. 6097 (102nd)referred
United States · United States Congress · 2 October 1992
Native American Veterans' Home Loan Equity Act of 1992 - Directs the Secretary of Veterans Affairs to establish and implement a pilot program under which the Secretary may make direct housing loans to aid Native American (Indian, Alaska or Hawaii native, or Pacific Islander) veterans in purchasing, constructing, or improving dwellings on trust land. Requires such loans to be made in a variety of geographic areas and in areas experiencing a variety of economic circumstances. Prohibits any such loans from being made after the end of FY 1997. Authorizes the Secretary to make such a direct housing loan to a Native American if: (1) the Secretary has entered into a memorandum of understanding with respect to such loans with the tribal organization having jurisdiction over such veteran; and (2) the memorandum is in effect when the loan is made. Outlines provisions to be included in each such memorandum. Prohibits entering into any such memorandum unless the Secretary determines that it provides standards and procedures necessary for the reasonable protection of the financial interests of the United States. Limits to $80,000 the principal amount of any such loan, but authorizes the Secretary to exceed such amount in a geographic area in which housing costs are significantly higher than average housing costs nationwide. Sets forth provisions concerning loan interest rates and credit underwriting standards. Directs the Secretary to determine the reasonable value of the interest in property that will serve as security for a loan made under this Act and to establish procedures for appraisals upon which to base such determinations. Directs the Secretary to: (1) establish minimum requirements for planning, construction or improvement, and general acceptability relating to any direct loan; and (2) establish credit underwriting standards to be used in evaluating such loans. Requires loans to be repaid in monthly installments. Authorizes the Secretary to: (1) make advances to provide for repairs, alterations, and improvements and to meet incidental expenses of the loan transaction; and (2) take any other actions and make any necessary determinations with respect to expenses, rules and regulations, and the use of persons, organizations, or departments or agencies to carry out his functions. Directs the Secretary to carry out an outreach program to inform tribal organizations and Native American veterans of the pilot program and the availability of direct housing loans for Native American veterans residing on trust lands. Establishes in the Treasury the Native American Veteran Housing Loan Program Account to carry out financial activities relating to the making of loans under this Act. Directs the Secretary, in carrying out the pilot program, to consider the views and recommendations of the Advisory Committee on Native-American Veterans established under the Veteran's Health-Care Amendments of 1986. Directs the Secretary to report annually in 1994 through 1998 to the Senate and House Veterans' Affairs Committees on: (1) the pilot program and recommendations for legislation regarding the program; (2) the exercise of authority to exceed the maximum loan limit; and (3) the real property appraisals performed for the Secretary during such year. Allows new direct loan obligations for Native American veteran housing loans under this Act to be incurred only to the extent that appropriations to cover their anticipated cost are made in advance. Authorizes appropriations for such loans for FY 1993.
Bill· HJRESH.J.Res. 559 (102nd)referred
United States · United States Congress · 2 October 1992
Recognizes the dedication, honor, and sacrifice that women have brought to serving our Nation in every phase of Coast Guard history.
Resolution· HCONRESH.Con.Res. 373 (102nd)referred
United States · United States Congress · 2 October 1992
Expresses the sense of the Congress that: (1) the acquisition by a foreign person of Allison Transmission, a division of General Motors Corporation that is the sole provider of high technology transmissions equipment for the M1 tank program, would threaten to impair the national security; and (2) the President should prohibit such acquisition under the Defense Production Act of 1950.
Bill· SS. 3295 (102nd)referred
United States · United States Congress · 1 October 1992
Establishes the position of Director of Criminal Investigations to be appointed by the Secretary of Defense from among civilians who have significant experience in criminal investigations. Requires the Director to report directly to the Secretary. Requires the Director to obtain, compile, store, monitor, and report information on each allegation of sexual misconduct of a member of the armed forces (or a dependent) against another member of the armed forces or a dependent of such member. Requires such Director to: (1) make such information available to the Secretary, the Secretaries of the military departments, the Congress, and any law enforcement agency or court concerned; (2) investigate each allegation made directly, or referred, to the Director; and (3) monitor the conduct of such investigations by units, offices, agencies, and other organizations within the Department of Defense (DOD) regarding allegations of sexual misconduct. Authorizes the Director to inspect and report to the Secretary on any other investigation being conducted within DOD. Authorizes the Director to refer for prosecution any case of sexual misconduct. Requires the Director to report each such referral to the Secretary. Requires each member of the armed forces and employee of DOD who receives an allegation of sexual misconduct to notify the Director. Directs the Secretary to report to the Congress annually on the number and disposition of cases of sexual misconduct by members of the armed forces and employees of DOD. Amends the Federal criminal code to provide criminal penalties for each member of the armed forces or DOD employee who fails to undertake an investigation (if so required) or who receives an allegation of sexual misconduct and fails to notify the Director. Provides lesser penalties for the failure of such members or employees to act on an allegation of civil sexual misconduct. Directs the Secretary to require that the commitment of an employee of DOD or a member of the armed forces to the elimination of sexual harassment in their place of work or duty and at other DOD installations and facilities be one of the factors considered in the preparation of performance evaluations and the determination of the appropriateness of promotions or selection for the receipt of financial performance awards. Requires the Secretary to report annually to the Congress on the implementation of such regulations. Prohibits the Secretary and the Secretary of the military department concerned from approving for a financial award or promotion any DOD employee or member of an armed force who: (1) has been convicted of a criminal offense involving sexual misconduct; or (2) has received any other disciplinary or adverse personnel action on the basis of having engaged in sexual misconduct. Directs the Secretary to prescribe regulations that prohibit officers and employees of DOD from retaliating or taking an adverse personnel action against any other officer or employee for reporting sexual misconduct by an officer or employee of DOD or member of the armed forces or for providing information in an investigation or other action relating to an allegation of sexual misconduct. Requires the Secretary of each military department to prescribe similar regulations prohibiting such retaliatory measures by members under their respective armed force. Makes violations of such regulations punishable under applicable provisions of the Uniform Code of Military Justice.
Bill· SS. 3291 (102nd)referred
United States · United States Congress · 1 October 1992
Interstate Child Support Enforcement Act - Title I: Locate and Case Tracking - Amends part D (Child Support and Establishment of Paternity) of title IV of the Social Security Act (SSA) to allow the Federal Parent Locator System (FPLS) to be used for the purposes of parentage establishment, child support establishment, modification, and enforcement, and child visitation enforcement provided that safeguards are in place to prevent release of information when it may jeopardize the safety of the children or either parent. Requires the Secretary of the Treasury to enter into an agreement to provide the Secretary of Health and Human Services (HHS) with access to the quarterly estimated Federal income tax returns filed by individuals with the Internal Revenue Service (IRS). Requires States to have in place procedures under which the State agency responsible for child support enforcement shall: (1) have access to data base information regarding residential addresses, employers and employer addresses, income and assets, and medical insurance benefits of absent parents; and (2) maintain child support order registries. Expresses the sense of the Congress that the HHS Secretary should investigate accessing certain Federal data banks not already linked to FPLS. Requires the HHS Secretary to expand FPLS to provide a national network to State agencies and courts for locate and case tracking. Requires that private attorneys and pro se obligees be allowed access to State locate resources and other public enforcement techniques for the limited purpose of establishing, modifying, and enforcing child support and other orders. Requires the Secretary of the Treasury to: (1) establish a system for reporting new employees and information on their W-4 forms to the appropriate State employment security agency; and (2) modify the W-4 form completed by new employees to include child support and health insurance information. Amends the Internal Revenue Code to require employers to withhold from employee wages amounts owed for child support. Amends SSA title IV part D to establish procedures for verification of child support information by the State and for the imposition of monetary penalties on: (1) employees who fail to report to their employers amounts owed for child support; and (2) employers who fail to withhold such amounts and properly disburse them. Requires States to: (1) notify the employer in cases where the employee has not correctly reported information regarding his or her child support obligations on the W-4 form; (2) broadcast over FPLS to other States information based on the W-4 form that has been sent to the State employment security agency; and (3) notify an individual owed child support when there is a match between W-4 related information and information on file relating to support orders. Requires the heads of the National Criminal Information Center, the National Law Enforcement Telecommunications Network, and any other national or regional systems for tracking individuals to allow access to information to Federal, State and local child support agencies. Requires States to broadcast on their local and State crime information systems failure-to-appear warrants, capiases, and bench warrants issued by courts in civil and criminal parentage and chid support proceedings. Provides that if a defendant posts security after being arrested, the State shall remit any subsequent forfeiture to the individual owed the child support to the extent of any child support arrearage. Title II: Establishment - Amends SSA title IV part D to require States to pass long-arm statutes which provide for jurisdiction over a non-resident in an action to establish, enforce, or modify a child support order, or determine parentage if certain conditions are met. Requires States to promulgate procedures under which they shall treat out-of-State service of process in child support and parentage actions in the same manner as in-State service of process. Expresses the sense of the Congress that the courts of a State may, consistent with due process, exercise personal jurisdiction over a nonresident who is the parent or presumed parent of a resident child in order to establish, enforce, or modify a child support order or determine parentage. Requires States to recognize and enforce parentage and child support orders of other States where jurisdiction was properly asserted. Specifies the conditions under which a State court has personal jurisdiction over a nonresident contestant. Requires State courts to maintain continuing, exclusive jurisdiction over a child support order for as long as the State remains the child's State or the residence of any contestant, unless another State court has modified such order. Specifies the conditions under which a State court may modify a parentage or child support order made by another State court. Provides that a court in a State shall not exercise jurisdiction in a parentage or child support proceeding during the pendency of a proceeding in a court of another Stte which has jurisdiction, except under certain circumstances. Requires State courts to apply the law of the forum State in a proceeding to adjudicate parentage or to establish a child support order except: (1) when they interpret an order issued by a court of another State; or (2) in permitting an action to collect child support arrearages, when the statute of limitations of the forum State would preclude the action but the statute of limitations of the issuing State would permit the action. Sets forth provisions regarding service of process on Federal employees and members of the armed forces relating to child support, alimony, and parentage obligations. Requires that parents' identification and locate information be filed with the State court adjudicating parentage and child support actions. Requires safeguards on such information where there is a court order for the physical protection of the child or one parent entered against the other parent. Requires State child support agencies to timely notify any individual owed child support of all hearings in which such support might be established, modified, or enforced, and promptly provided copies of any such orders. Requires States to allow parties seeking both parentage adjudication and child support establishment in a judicial proceeding to bring a joint action in a single cause of action. Sets forth guidelines for uniform State procedures regarding jurisdiction, venue, and Federal employee residential status. Amends the Consumer Credit Protection Act to allow State child support agencies to use credit reporting agencies for the purposes of obtaining information relevant to the setting of an initial or modified child support award, without the necessity of obtaining a court order. Creates a National Child Support Guidelines Commission to: (1) study and report to the President and the Congress on the desirability of national child support guidelines; and (2) if such guidelines are advisable, develop them for congressional consideration. Amends SSA title IV part D to specify certain principles to be included in State child support guidelines. Requires States to provide for a continuing support obligation by one or both parents until a child reaches age 18 or graduates from or is no longer enrolled in secondary school or its equivalent, whichever is later. Provides that a support order shall also cease when a child marries or is otherwise emancipated by a court. Requires States to give their courts with child support jurisdiction discretionary power to order: (1) child support payable at least up to age 22 for a child who is a student in good standing in an accredited post-secondary or vocational school or college; and (2) either or both parents to pay for post-secondary school support based on each parent's financial ability to pay. Requires States to provide for the continuation of child support beyond the child's age of majority provided the child is disabled, unable to be self-supportive, and the disability arose during the child's minority. Requires the Office of Child Support Enforcement (designated under title VI of this Act) to draft and distribute a national subpoena duces tecum for local and State child support agencies to use to reach income information pertaining to all private, Federal, State, and local government employees. Requires States to establish procedures with respect to out-of-State orders, decrees, or judgments related to parentage or child support, and other evidentiary documents. Requires HHS to develop a uniform abstract of a child support order for use by all State courts. Requires States to: (1) list on marriage licenses the applicants' social security numbers; and (2) use procedures that require individuals who have been issued subpoenas to produce and deliver documents to or to appear at a court or administrative agency on a certain date. Title III: Parentage - Amends SSA title IV part D to require States to provide for hospital-based paternity establishment and the establishment of paternity outreach programs. Provides for 90 percent Federal matching for State paternity outreach programs. Requires States to adopt various specified procedures for establishment of parentage. Title IV: Enforcement - Amends several anti-assignment provisions under SSA title IV part D to make it possible for child support to be withheld from certain governmental sources, including veterans' disability, military disability, railroad workers' disability and retirement, long shore and harbor workers' benefits, black lung benefits, and Federal health benefits. Requires States to mandate that any individual or entity engaged in commerce, as a condition of doing business in that State, honor income withholding notices or others issued by a court of any other State. Requires the HHS Secretary to develop a uniform withholding notice to be used in all income withholding cases. Requires State procedures setting the priority for applying proceeds withheld from income in the following manner: (1) payments on current support obligations; (2) payments of premiums for health insurance for dependent children; and (3) payments on past-due child support obligations and unreimbursed health-care expenses. Allows workers' compensation income to be subject to income withholding. Amends the Consumer Credit Protection Act with respect to State laws and garnishments for the purpose of securing child support. Requires that Federal debts receive a lower priority than child support debts when the obligor's disposable income cannot satisfy both debts through withholding. Prohibits employers from discharging any employee whose earnings are subject to garnishment for additional indebtedness arising from a child support order. Requires States to: (1) provide that the election of remedies prohibition does not apply in child support cases; and (2) establish procedures for refusing issuance or renewal of the professional, occupational, or business licenses of noncustodial parents who are the subjects of outstanding failure-to-appear warrants, capiases, and bench warrants related to child support. Requires the Federal Government to withhold issuance or renewal of the professional, occupational, or business license of a delinquent child support obligor until the pro se obligee, the obligee's attorney, or State prosecutor involved in the case against the obligor consents to renewal, a court responsible for the enforcement of the child support order orders the release of the hold on the license, or an expedited inquiry and review is completed while the obligor is granted a temporary license. Requires States to develop procedures under which motor vehicle departments may not issue or renew, or may suspend, driver's licenses or vehicle registrations of noncustodial parents who are the subject of outstanding failure to appear warrants, capiases, or bench warrants related to a child support proceeding. Requires States to provide for the use of temporary licenses or registrations by the subjects of such warrants pending a specified show cause hearing or the removal of such warrants, whichever occurs firsts. Requires States to: (1) establish procedures for placing liens on vehicle titles for child support arrearages; (2) authorize post-judgment seizure of bank accounts in child support cases without the need to obtain a separate court attachment order; (3) establish procedures under which liens can be imposed against lottery or gambler's winnings, insurance settlements or policy payouts, awards, judgments or settlements resulting from lawsuits, and property seized or forfeited to the State if the beneficiary owes past-due child support; and (4) establish procedures that provide for badges of fraud creating a prima facie case that an obligor transferred income or property to avoid paying a child support creditor. Expresses the sense of the Congress that the Commissioner of Internal Revenue should instruct Internal Revenue Service field officers and agents to give a high priority to requests for the use of full collection in child support arrearage cases. Requires the Secretary of Treasury to simplify the full collection process and reduce the amount of child support arrearage needed before an individual may apply for full collection. Requires States to develop procedures which allow the posting of a cash bond, security deposit, or personal undertaking with the State child enforcement agency in order to provide for timely child support payments. Makes it possible for individuals who are owed past-due child support, and do not receive assistance under SSA title IV part A (Aid to Families with Dependent Children) (AFDC), to use Federal and State tax refund procedures to collect past-due child support, regardless of the child's age. Requires States to: (1) establish procedures under which a child support obligor may attach lump sum funds invested by the obligor or the employer of the obligor in public and private retirement funds; (2) mandate reporting to credit bureaus of overdue support equaling one month's child support payment; and (3) enact laws that provide for criminal penalties for non-support. Amends the Federal criminal code to make it illegal for individuals who owe child support arrearages to leave the State in which such arrearages are owed in order to avoid payment. Amends SSA title IV part D to require States to: (1) permit the enforcement of any child support order until at least the child's 30th birthday; (2) enact procedures to assess and collect interest on all child support judgments; and (3) provide for health care insurance for the child. Amends the Federal bankruptcy code to: (1) allow parentage and child support case establishment, modification, and enforcement to proceed without interruption after the filing of a bankruptcy petition; (2) treat the debt owed to child support creditors as debt outside chapter 11, 12, or 13 plans, except as specified; and (3) provide that a claim for payment of a debt for child support may be asserted by the filing in court of a claim form that describes the debt. Sets forth requirements applicable to parentage establishment with respect to child support obligations of military personnel. Requires that each State adopt verbatim the officially approved version of the Uniform Interstate Family Support Act. Title V: Collection and Distribution - Amends SSA title IV part D to set priorities for State distribution of child support collections. Authorizes the Comptroller General to analyze the existing child support distribution system and authorize, under certain circumstances, pilot projects for the distribution of arrearages in a specified manner. Amends the Internal Revenue Code to revise the Federal income tax refund offset mechanism. Amends SSA title IV part D to require States to enact laws limiting any claims they may have against a noncustodial parent for reimbursement of the child's portion of AFDC assistance to the amount specified as child support under a court or administrative order. Allows States to assess charges above the application fee for non-AFDC child support services against persons other than the custodial parent. Requires States to provide either one central, statewide collection, accounting, and disbursement point for child support cases, or several local or regional collection and disbursement points throughout the State for all cases. Title VI: Federal Role - Amends SSA title IV part D to: (1) designate the separate organizational unit charged under current law with various child support and parentage responsibilities as the Office of Child Support Enforcement (OCSE); and (2) change OCSE's organizational structure. Requires HHS to provide: (1) training assistance to the States; and (2) conduct staffing studies of each State's child support enforcement program. Requires the Comptroller General to study and report to the Congress on the incentive formula operating with respect to State child support agencies. Defines "child support" to include periodic and lump sum payments for current and past-due economic support, payments of premiums for health insurance for children, payments for or provisions of child care, and payments for educational services. Requires the HHS Secretary to: (1) contract for a study of and report to the Congress on the audit process of OCSE to improve the criteria and methodology for auditing State child support enforcement agencies; and (2) provide for demonstration projects to determine the feasibility and utility of a child support assurance program. Amends the Internal Revenue Code to establish in the Treasury a Children's Trust Fund (Fund) funded by voluntary contributions of taxpayers as indicated on their Federal tax returns. Requires that Fund amounts be dedicated to programs regarding child support and parentage establishment. Title VII: State Role - Amends SSA title IV part D to require that States not deny establishment, enforcement, or modification services to applicants because of nonresidency. Makes it the mission of every State administrative agency to promote the greatest economic security possible for children, within the obligor's ability to pay. Requires such agencies to provide all custodial parents with certain information. Expresses the sense of the Congress that State and local child support enforcement agencies should provide: (1) offices in easily accessible locations near public transportation; (2) office hours that allow parents to meet with attorneys and caseworkers without taking time off from work; and (3) office environments conductive to discussion of legal and personal matters in privacy. Requires States to develop preocedures under which a change in child support payee does not require a court hearing or order to take effect and may be done administratively, as long as a statement by an official is included in the court or administrative file documenting the change. Title VIII: Effective Date - Sets forth the effective date of this Act.
Bill· SJRESS.J.Res. 344 (102nd)referred
United States · United States Congress · 1 October 1992
Prohibits the proposed sale to Saudi Arabia of 72 F-15XP jet aircraft and related defense and construction services described in the certification submitted to the Congress on September 14, 1992 (transmittal number 92-42), from taking effect before March 1, 1993.
Bill· HRH.R. 6091 (102nd)referred
United States · United States Congress · 1 October 1992
Interstate Child Support Enforcement Act - Title I: Locate and Case Tracking - Amends part D (Child Support and Establishment of Paternity) of title IV of the Social Security Act (SSA) to allow the Federal Parent Locator System (FPLS) to be used for the purposes of parentage establishment, child support establishment, modification, and enforcement, and child visitation enforcement provided that safeguards are in place to prevent release of information when it may jeopardize the safety of the children or either parent. Requires the Secretary of the Treasury to enter into an agreement to provide the Secretary of Health and Human Services (HHS) with access to the quarterly estimated Federal income tax returns filed by individuals with the Internal Revenue Service (IRS). Requires States to have in place procedures under which the State agency responsible for child support enforcement shall: (1) have access to data base information regarding residential addresses, employers and employer addresses, income and assets, and medical insurance benefits of absent parents; and (2) maintain child support order registries. Expresses the sense of the Congress that the HHS Secretary should investigate accessing certain Federal data banks not already linked to FPLS. Requires the HHS Secretary to expand FPLS to provide a national network to State agencies and courts for locate and case tracking. Requires that private attorneys and pro se obligees be allowed access to State locate resources and other public enforcement techniques for the limited purpose of establishing, modifying, and enforcing child support and other orders. Requires the Secretary of the Treasury to: (1) establish a system for reporting new employees and information on their W-4 forms to the appropriate State employment security agency; and (2) modify the W-4 form completed by new employees to include child support and health insurance information. Amends the Internal Revenue Code to require employers to withhold from employee wages amounts owed for child support. Amends SSA title IV part D to establish procedures for verification of child support information by the State and for the imposition of monetary penalties on: (1) employees who fail to report to their employers amounts owed for child support; and (2) employers who fail to withhold such amounts and properly disburse them. Requires States to: (1) notify the employer in cases where the employee has not correctly reported information regarding his or her child support obligations on the W-4 form; (2) broadcast over FPLS to other States information based on the W-4 form that has been sent to the State employment security agency; and (3) notify an individual owed child support when there is a match between W-4 related information and information on file relating to support orders. Requires the heads of the National Criminal Information Center, the National Law Enforcement Telecommunications Network, and any other national or regional systems for tracking individuals to allow access to information to Federal, State and local child support agencies. Requires States to broadcast on their local and State crime information systems failure-to-appear warrants, capiases, and bench warrants issued by courts in civil and criminal parentage and chid support proceedings. Provides that if a defendant posts security after being arrested, the State shall remit any subsequent forfeiture to the individual owed the child support to the extent of any child support arrearage. Title II: Establishment - Amends SSA title IV part D to require States to pass long-arm statutes which provide for jurisdiction over a non-resident in an action to establish, enforce, or modify a child support order, or determine parentage if certain conditions are met. Requires States to promulgate procedures under which they shall treat out-of-State service of process in child support and parentage actions in the same manner as in-State service of process. Expresses the sense of the Congress that the courts of a State may, consistent with due process, exercise personal jurisdiction over a nonresident who is the parent or presumed parent of a resident child in order to establish, enforce, or modify a child support order or determine parentage. Requires States to recognize and enforce parentage and child support orders of other States where jurisdiction was properly asserted Specifies the conditions under which a State court has personal jurisdiction over a nonresident contestant. Requires State courts to maintain continuing, exclusive jurisdiction over a child support order for as long as the State remains the child's State or the residence of any contestant, unless another State court has modified such order. Specifies the conditions under which a State court may modify a parentage or child support order made by another State court. Provides that a court in a State shall not exercise jurisdiction in a parentage or child support proceeding during the pendency of a proceeding in a court of another Stte which has jurisdiction, except under certain circumstances. Requires State courts to apply the law of the forum State in a proceeding to adjudicate parentage or to establish a child support order except: (1) when they interpret an order issued by a court of another State; or (2) in permitting an action to collect child support arrearages, when the statute of limitations of the forum State would preclude the action but the statute of limitations of the issuing State would permit the action. Sets forth provisions regarding service of process on Federal employees and members of the armed forces relating to child support, alimony, and parentage obligations. Requires that parents' identification and locate information be filed with the State court adjudicating parentage and child support actions. Requires safeguards on such information where there is a court order for the physical protection of the child or one parent entered against the other parent. Requires State child support agencies to timely notify any individual owed child support of all hearings in which such support might be established, modified, or enforced, and promptly provided copies of any such orders. Requires States to allow parties seeking both parentage adjudication and child support establishment in a judicial proceeding to bring a joint action in a single cause of action. Sets forth guidelines for uniform State procedures regarding jurisdiction, venue, and Federal employee residential status. Amends the Consumer Credit Protection Act to allow State child support agencies to use credit reporting agencies for the purposes of obtaining information relevant to the setting of an initial or modified child support award, without the necessity of obtaining a court order. Creates a National Child Support Guidelines Commission to: (1) study and report to the President and the Congress on the desirability of national child support guidelines; and (2) if such guidelines are advisable, develop them for congressional consideration. Amends SSA title IV part D to specify certain principles to be included in State child support guidelines. Requires States to provide for a continuing support obligation by one or both parents until a child reaches age 18 or graduates from or is no longer enrolled in secondary school or its equivalent, whichever is later. Provides that a support order shall also cease when a child marries or is otherwise emancipated by a court. Requires States to give their courts with child support jurisdiction discretionary power to order: (1) child support payable at least up to age 22 for a child who is a student in good standing in an accredited post-secondary or vocational school or college; and (2) either or both parents to pay for post-secondary school support based on each parent's financial ability to pay. Requires States to provide for the continuation of child support beyond the child's age of majority provided the child is disabled, unable to be self-supportive, and the disability arose during the child's minority. Requires the Office of Child Support Enforcement (designated under title VI of this Act) to draft and distribute a national subpoena duces tecum for local and State child support agencies to use to reach income information pertaining to all private, Federal, State, and local government employees. Requires States to establish procedures with respect to out-of-State orders, decrees, or judgments related to parentage or child support, and other evidentiary documents. Requires HHS to develop a uniform abstract of a child support order for use by all State courts. Requires States to: (1) list on marriage licenses the applicants' social security numbers; and (2) use procedures that require individuals who have been issued subpoenas to produce and deliver documents to or to appear at a court or administrative agency on a certain date. Title III: Parentage - Amends SSA title IV part D to require States to provide for hospital-based paternity establishment and the establishment of paternity outreach programs. Provides for 90 percent Federal matching for State paternity outreach programs. Requires States to adopt various specified procedures for establishment of parentage. Title IV: Enforcement - Amends several anti-assignment provisions under SSA title IV part D to make it possible for child support to be withheld from certain governmental sources, including veterans' disability, military disability, railroad workers' disability and retirement, long shore and harbor workers' benefits, black lung benefits, and Federal health benefits. Requires States to mandate that any individual or entity engaged in commerce, as a condition of doing business in that State, honor income withholding notices or others issued by a court of any other State. Requires the HHS Secretary to develop a uniform withholding notice to be used in all income withholding cases. Requires State procedures setting the priority for applying proceeds withheld from income in the following manner: (1) payments on current support obligations; (2) payments of premiums for health insurance for dependent children; and (3) payments on past-due child support obligations and unreimbursed health-care expenses. Allows worker's compensation income to be subject to income withholding. Amends the Consumer Credit Protection Act with respect to State laws and garnishments for the purpose of securing child support. Requires that Federal debts receive a lower priority than child support debts when the obligor's disposable income cannot satisfy both debts through withholding. Prohibits employers from discharging any employee whose earnings are subject to garnishment for additional indebtedness arising from a child support order. Requires States to: (1) provide that the election of remedies prohibition does not apply in child support cases; and (2) establish procedures for refusing issuance or renewal of the professional, occupational, or business licenses of noncustodial parents who are the subjects of outstanding failure-to-appear warrants, capiases, and bench warrants related to child support. Requires the Federal Government to withhold issuance or renewal of the professional, occupational, or business license of a delinquent child support obligor until the pro se obligee, the obligee's attorney, or State prosecutor involved in the case against the obligor consents to renewal, a court responsible for the enforcement of the child support order orders the release of the hold on the license, or an expedited inquiry and review is completed while the obligor is granted a temporary license. Requires States to develop procedures under which motor vehicle departments may not issue or renew, or may suspend, driver's licenses or vehicle registrations of noncustodial parents who are the subject of outstanding failure to appear warrants, capiases, or bench warrants related to a child support proceeding. Requires States to provide for the use of temporary licenses or registrations by the subjects of such warrants pending a specified show cause hearing or the removal of such warrants, whichever occurs firsts. Requires States to: (1) establish procedures for placing liens on vehicle titles for child support arrearages; (2) authorize post-judgment seizure of bank accounts in child support cases without the need to obtain a separate court attachment order; (3) establish procedures under which liens can be imposed against lottery or gambler's winnings, insurance settlements or policy payouts, awards, judgments or settlements resulting from lawsuits, and property seized or forfeited to the State if the beneficiary owes past-due child support; and (4) establish procedures that provide for badges of fraud creating a prima facie case that an obligor transferred income or property to avoid paying a child support creditor. Expresses the sense of the Congress that the Commissioner of Internal Revenue should instruct Internal Revenue Service field officers and agents to give a high priority to requests for the use of full collection in child support arrearage cases. Requires the Secretary of Treasury to simplify the full collection process and reduce the amount of child support arrearage needed before an individual may apply for full collection. Requires States to develop procedures which allow the posting of a cash bond, security deposit, or personal undertaking with the State child enforcement agency in order to provide for timely child support payments. Makes it possible for individuals who are owed past-due child support, and do not receive assistance under SSA title IV part A (Aid to Families with Dependent Children) (AFDC), to use Federal and State tax refund procedures to collect past-due child support, regardless of the child's age. Requires States to: (1) establish procedures under which a child support obligor may attach lump sum funds invested by the obligor or the employer of the obligor in public and private retirement funds; (2) mandate reporting to credit bureaus of overdue support equaling one month's child support payment; and (3) enact laws that provide for criminal penalties for non-support. Amends the Federal criminal code to make it illegal for individuals who owe child support arrearages to leave the State in which such arrearages are owed in order to avoid payment. Amends SSA title IV part D to require States to: (1) permit the enforcement of any child support order until at least the child's 30th birthday; (2) enact procedures to assess and collect interest on all child support judgments; and (3) provide for health care insurance for the child. Amends the Federal bankruptcy code to: (1) allow parentage and child support case establishment, modification, and enforcement to proceed without interruption after the filing of a bankruptcy petition; (2) treat the debt owed to child support creditors as debt outside chapter 11, 12, or 13 plans, except as specified; and (3) provide that a claim for payment of a debt for child support may be asserted by the filing in court of a claim form that describes the debt. Sets forth requirements applicable to parentage establishment with respect to child support obligations of military personnel. Requires that each State adopt verbatim the officially approved version of the Uniform Interstate Family Support Act. Title V: Collection and Distribution - Amends SSA title IV part D to set priorities for State distribution of child support collections. Authorizes the Comptroller General to analyze the existing child support distribution system and authorize, under certain circumstances, pilot projects for the distribution of arrearages in a specified manner. Amends the Internal Revenue Code to revise the Federal income tax refund offset mechanism. Amends SSA title IV part D to require States to enact laws limiting any claims they may have against a noncustodial parent for reimbursement of the child's portion of AFDC assistance to the amount specified as child support under a court or administrative order. Allows States to assess charges above the application fee for non-AFDC child support services against persons other than the custodial parent. Requires States to provide either one central, statewide collection, accounting, and disbursement point for child support cases, or several local or regional collection and disbursement points throughout the State for all cases. Title VI: Federal Role - Amends SSA title IV part D to: (1) designate the separate organizational unit charged under current law with various child support and parentage responsibilities as the Office of Child Support Enforcement (OCSE); and (2) change OCSE's organizational structure. Requires HHS to provide: (1) training assistance to the States; and (2) conduct staffing studies of each State's child support enforcement program. Requires the Comptroller General to study and report to the Congress on the incentive formula operating with respect to State child support agencies. Defines "child support" to include periodic and lump sum payments for current and past-due economic support, payments of premiums for health insurance for children, payments for or provisions of child care, and payments for educational services. Requires the HHS Secretary to: (1) contract for a study of and report to the Congress on the audit process of OCSE to improve the criteria and methodology for auditing State child support enforcement agencies; and (2) provide for demonstration projects to determine the feasibility and utility of a child support assurance program. Amends the Internal Revenue Code to establish in the Treasury a Children's Trust Fund (Fund) funded by voluntary contributions of taxpayers as indicated on their Federal tax returns. Requires that Fund amounts be dedicated to programs regarding child support and parentage establishment. Title VII: State Role - Amends SSA title IV part D to require that States not deny establishment, enforcement, or modification services to applicants because of nonresidency. Makes it the mission of every State administrative agency to promote the greatest economic security possible for children, within the obligor's ability to pay. Requires such agencies to provide all custodial parents with certain information. Expresses the sense of the Congress that State and local child support enforcement agencies should provide: (1) offices in easily accessible locations near public transportation; (2) office hours that allow parents to meet with attorneys and caseworkers without taking time off from work; and (3) office environments conductive to discussion of legal and personal matters in privacy. Requires States to develop preocedures under which a change in child support payee does not require a court hearing or order to take effect and may be done administratively, as long as a statement by an official is included in the court or administrative file documenting the change. Title VIII: Effective Date - Sets forth the effective date of this Act.
Bill· HRH.R. 6078 (102nd)referred
United States · United States Congress · 1 October 1992
Requires bids made by public and private shipyards for defense contracts for the overhaul of naval vessels to include a cost realism analysis (an analysis of whether the work can be accomplished at the estimated cost).
Resolution· HRESH.Res. 589 (102nd)passed
United States · United States Congress · 1 October 1992
Sets forth the rule for the consideration of S. 3144 (armed forces health care).
Resolution· HRESH.Res. 588 (102nd)passed
United States · United States Congress · 1 October 1992
Waives points of order against the consideration of the conference report on H.R. 5006 (armed forces funding).
Bill· HRH.R. 6059 (102nd)referred
United States · United States Congress · 30 September 1992
Authorizes the Secretary of Veterans Affairs to construct or acquire facilities for the following new Department of Veterans Affairs medical facilities: (1) a hospital and a new nursing in Viera in Brevard County, Florida; and (2) a full-service outpatient clinic and a nursing home in Orange County, Florida. Allows members of the armed forces assigned to Patrici Air Force Base and their dependents to use the Brevard County facilities. Permits the Secretary to enter into a sharing agreement with the Secretary of the Navy to provide for the treatment of veterans at the Orlando Naval Hospital in Orlando, Florida. Authorizes appropriations.
Bill· SS. 3282 (102nd)open
United States · United States Congress · 28 September 1992
Brady Handgun Violence Prevention Act - Specifies that, beginning 90 days after the enactment of this Act and ending on the day before the date that the Attorney General certifies that the national instant criminal background check system (System) is established (pursuant to this Act), it shall be unlawful for any licensed importer, manufacturer, or dealer to sell, deliver, or transfer a handgun to an unlicensed individual unless: (1) after the most recent proposal of such transfer by the individual, the transferor has received a statement of eligibility from the individual, verified the identity of such individual by examining the identification document presented, provided notice of the contents, and transmitted a copy of the statement to the chief law enforcement officer (chief) of the place of residence of the individual within one day after the individual furnishes the statement; and five business days have elapsed from the date the transferor furnished notice of the contents of the statement to the chief, during which period the transferor has not received information from the chief that receipt or possession of the handgun by the individual would be in violation of Federal, State, or local law, or has received notice from the chief that the chief has no information indicating that such receipt or possession would violate Federal, State, or local law; (2) the individual has presented to the transferor a statement from the chief, issued in the past ten days, stating that the individual requires a handgun because of a threat to such individual or such individual's family; (3) the individual has presented to the transferor a permit to possess a handgun that has been issued in the past five years by the State in which the transfer is to take place under a State law which requires law enforcement verification of the individual's legal qualification to possess a handgun; (4) State law requires that an authorized government official verifies that the information available to such official does not indicate that possession of a handgun by the purchaser would be unlawful, with exceptions; (5) the Secretary of the Treasury has approved the transfer under provisions of the Internal Revenue Code (IRC); or (6) the Secretary has certified, on application of the transferor, that compliance with the notice requirement is impracticable for specified reasons. Requires a chief to whom a transferor has provided notice to make a reasonable effort to ascertain within five business days whether the individual has a criminal record or whether there is any other legal impediment to the individual's receiving a handgun, including research in whatever State and local record-keeping systems are available and in a national system designated by the Attorney General. Requires the statement of eligibility to include a statement that the individual: (1) is not under indictment for and has not been convicted of a crime punishable by imprisonment for a term exceeding one year; (2) is not a fugitive; (3) is not an unlawful user of, or addicted to, a controlled substance; (4) has not been adjudicated as a mental defective or committed to a mental institution; (5) is not an alien who is illegally in the United States; (6) has not been dishonorably discharged from the armed forces; and (7) is not a person who has renounced U.S. citizenship. Requires any transferor who, after a transfer, receives a report from such officer that receipt or possession of the handgun by the individual violates the law, to: (1) furnish information about the transfer and the individual to the chief of the transferor's place of business and the individual's place of residence; and (2) keep confidential any information received which is not otherwise available to the public, with exceptions. Requires a transferor to retain a copy of the individual's statement and retain evidence of compliance with the requirement under this Act with respect to the furnishing of notice of the contents and a copy of the statement to the chief of the place of residence of the individual within one day after furnishing such statement. Requires: (1) the chief, within 20 business days after the date the individual made the statement on the basis of which the notice was provided, to destroy the statement and any record containing information derived from the statement; and (2) that the information contained in the statement not be conveyed to any person not having a need to know and not be used for any purpose other than to carry out this subtitle. Specifies that a chief or other person responsible for providing criminal history background information pursuant to this Act shall not be liable in an action at law for damages for failure to prevent the sale or transfer of a handgun to a person whose receipt or possession of the handgun is unlawful under this subtitle, or for preventing such a sale or transfer to a person who may lawfully receive or possess a handgun. Directs the Secretary to take necessary actions to ensure that the provisions of this subtitle are published and disseminated to licensed dealers, law enforcement officials, and the public. Specifies that, beginning on the date that the Attorney General certifies that the System is established, a licensed importer, manufacturer, or dealer shall not transfer a firearm to another person who is not such a licensee unless: (1) before the completion of the transfer, the licensee contacts the System; (2) the System notifies the licensee that it has located any record that demonstrates that the receipt of a firearm by such person would violate this subtitle or any State or local law; and (3) the transferor has verified the identity of the individual by examining a valid identification document of the individual containing a photograph of such individual. Makes such provision inapplicable to a firearm transfer between a licensee and another person if: (1) such other person has presented to the licensee a permit that allows such other person to possess a firearm and was issued not more than five years earlier by the State in which the transfer is to take place, and the law of the State provides that such a permit is to be issued only after an authorized government official has verified that the information available to such official does not indicate that possession of a firearm by such other person would be a violation of law; (2) the Secretary has approved the transfer under provisions of the IRC; or (3) the Secretary has certified, on application of the transferor, that compliance is impracticable for specified reasons. Specifies that: (1) if the System notifies the licensee that the information available to the System does not demonstrate that the receipt of a firearm by such other person would violate this subtitle and the licensee transfers a firearm to such person, the licensee shall include in the record of the transfer the unique identification number provided by the System with respect to the transfer; and (2) neither a Federal, State, or local government employee responsible for providing information to the System shall be liable in an action at law for damages for failure to prevent the sale or transfer of a handgun to a person whose receipt or possession of the handgun is unlawful under this subtitle, or for preventing such a sale or transfer to a person who may lawfully receive or possess a handgun. Authorizes the Secretary to suspend for up to six months or revoke the license of, and impose a civil fine of up to $5,000 upon, a licensee who knowingly transfers a firearm to another person and fails to comply with the transfer requirements of this subtitle, subject to specified limitations. Provides that whoever knowingly violates the provisions of this subtitle shall be fined up to $1,000, imprisoned for not more than one year, or both. Directs the Attorney General to: (1) establish the System; and (2) expedite the upgrading and indexing of State criminal history records in the Federal criminal records system maintained by the Federal Bureau of Investigation (FBI), the development of hardware and software systems to link State criminal history check systems into the System, and the current revitalization initiatives by the FBI for technologically advanced fingerprint and criminal records identification. Requires the Attorney General, within six months, to: (1) determine the type of computer hardware and software that will be used to operate the System and the means by which State criminal records systems will communicate with the System; (2) investigate the criminal records system of each State and determine for each a timetable by which the State should be able to provide criminal records on an on-line capacity basis to the System; and (3) notify each State of the determinations made pursuant to such provisions. Directs the Attorney General to require as part of the State timetable that the State achieve, within five years, at least 80 percent currency of case dispositions in computerized criminal history files for all cases in which there has been an event of activity within the last five years and continue to maintain such a system. Directs the Attorney General, within 30 months and at any time thereafter, to determine whether the System has achieved at least 80 percent currency of case dispositions in computerized criminal history files for all cases in which there has been an event of activity within the last five years on a national average basis and whether the States are in compliance with the timetable and, if so, certify that the System is established. Sets forth provisions with respect to: (1) State noncompliance with the timetable; (2) notification of licensees and chiefs of each State of the existence, purpose, and means of using the System; (3) authority of the Attorney General; and (4) correction of erroneous System information. Directs the Attorney General, after 90 days' notice to the public and an opportunity for hearing by interested parties, to prescribe regulations to ensure the privacy and security of System information. Bars any department, agency, officer, or employee of the United States from: (1) requiring that any record or portion thereof maintained by the System be recorded at or transferred to a facility owned, managed, or controlled by the United States or any State or political subdivision thereof; or (2) use the System to establish any system for the registration of firearms, firearm owners, or firearm transactions or dispositions, except with respect to persons prohibited from receiving a firearm. Amends the Omnibus Crime Control and Safe Streets Act of 1968 to authorize the use of justice system improvement formula grants for the improvement of State record systems and the sharing with the Attorney General of specified records for the purpose of implementing this Act. Directs the Attorney General, subject to appropriations and with preference to States that as of the date of enactment of this Act have the lowest percent currency of case dispositions in computerized criminal history files, to make a grant to each State to be used: (1) for the creation of a computerized criminal history record system or improvement of an existing system; (2) to improve accessibility to the System; and (3) upon establishment of the System to assist the State in the transmittal of criminal records to the System. Authorizes appropriations. Sets forth provisions with respect to the withholding of State and Department of Justice funds.
Bill· SS. 3271 (102nd)referred
United States · United States Congress · 25 September 1992
Sexual Assault Prevention Act of 1992 - Title I: Sexual Violence - Subtitle A: Penalties and Remedies - Amends the Federal criminal code to provide for pretrial detention in sex offense cases. Makes murder a Class A felony, mandating the death sentence, when done in the course of certain sex offenses, sexual assault, or child molestation, or when the defendant has previously been convicted of sexual assault or child molestation, subject to specified mitigating factors. Requires instructing the jury not to: (1) be influenced by prejudice or bias relating to the race, color, religion, national origin, or sex of the defendant or any victim; and (2) recommend a death sentence unless it concludes that it would recommend such sentence regardless of such factors. Requires each juror to sign a certification to that effect. Prohibits: (1) carrying out a death sentence on a woman while she is pregnant; and (2) requiring any employee of, or any person under contract to provide services to, a State corrections department, the Federal Bureau of Prisons, or the U.S. Marshals Service, to attend or participate in any execution. Sets forth provisions regarding: (1) the appointment of counsel for indigent capital defendants; (2) representation after finality of judgment; (3) standards for competence of counsel; (4) claims of ineffectiveness of counsel in collateral proceedings; (5) time limits for collateral attack on a death sentence; (6) stays of execution; and (7) finality of the decision on review. Increases penalties for: (1) recidivist sex offenders; and (2) sex offenses against victims under age 16. Directs the U.S. Sentencing Commission: (1) to amend the sentencing guidelines to increase by at least four levels the base level for offenses relating to sexual, and aggravated sexual, abuse; (2) to consider whether any other changes applicable to such offenses are warranted; (3) in amending the guidelines in conformity with this provision, to review the appropriateness and adequacy of existing offense characteristics and adjustments applicable to such offenses; and (4) in any subsequent amendment to the guidelines, to maintain minimum guideline sentences for such offenses which are at least equal to those required by this provision. Amends the Federal criminal code to require that a person charged with an offense under provisions relating to sexual abuse be tested for the human immunodeficiency virus: (1) before release pending trial; and (2) six months and twelve months after the initial test. Requires results to be provided to the judicial officer or court and disclosed only to the victim, the attorney for the Government, and the person tested. Requires the U.S. Sentencing Commission to amend the sentencing guidelines to enhance the sentence of an offender who had reason to know that he was infected, except where the offender did not engage or attempt to engage in conduct creating a risk of transmission. Amends: (1) the Victims' Rights and Restitution Act of 1990 to require a governmental department or agency to pay for up to two tests for a sexual assult victim in the twelve months following the assault and a counseling session regarding the tests and the risk of transmission as the result of the assault; and (2) the Controlled Substances Act to provide for increased penalties for distribution of a controlled substance to a woman while she is pregnant. Amends the Federal criminal code to authorize the restitution of victims of sex offenses, including reimbursement for lost income and necessary child care, transportation, and other expenses related to participation in the investigation or prosecution of, or attendance at proceedings related to, the offense. Requires the court to issue an order requiring restitution of the full amount of the victims's losses and expenses for which restitution is authorized in imposing sentence, unless the Government and the victim do not request such restitution. Provides for the enforcement of restitution orders through the suspension of Federal benefits. Provides that whoever, in violation of the Constitution or laws of the United States, engages in sexual violence against another, shall be liable to the injured party in a civil action. Includes among the relief available compensatory and punitive damages and any appropriate equitable or declaratory relief. Amends the Civil Rights Attorney's Fees Award Act of 1976 to include such provision with respect to payment of attorney fees. Subtitle B: Rules of Evidence, Practice, and Procedure - Amends the Federal Rules of Evidence to allow evidence of similar offenses in criminal or civil sexual assault and child molestation cases. Revises Federal Rule of Evidence 412 (rape victim shield law), including: (1) making inadmissible reputation or opinion evidence of the past sexual behavior of an alleged victim of a sex offense, and evidence of a victim's past sexual behavior other than reputation or opinion evidence (with exceptions), in a civil case (current law applies only to criminal cases); and (2) requiring any order admitting such evidence to explain the reasoning leading to the finding of relevance and the basis of the finding that its probative value outweighs the danger of unfair prejudice notwithstanding the potential of the evidence to humiliate and embarass the alleged victim and to result in unfair or biased inferences. Amends the Federal criminal code to provide that an appeal by the United States before trial shall lie to a court of appeals from an order of a district court admitting evidence of an alleged victim's past sexual behavior in a criminal case in which the defendant is charged with a sex offense, whether or not the conduct occurred in the special maritime and territorial jurisdiction of the United States or in a Federal prison. Adds a Federal Rule of evidence that, in a criminal case in which a person is accused of a sex offense, evidence is not admissible to show that the alleged victim invited or provoked the commission of the offense. Enacts rules to be known as the Rules of Professional Conduct for Lawyers in Federal Practice and includes them as an appendix to provisions of the U.S. Code relating to the judiciary and judicial procedure. Applies the rules to proceedings before a U.S. court or a Federal agency that carries out adjudicatory or quasi-adjudicatory functions. Includes rules relating to: (1) litigation abuse (including conduct to increase litigation expenses or with no substantial purpose other than to distress another person); (2) a duty of enquiry in relation to the client (including attempting to elicit from the client a materially complete account of the alleged criminal activity or civil wrong if the client acknowledges involvement in such activity or wrong), and to elicit the material facts relevant to a defense of alibi if the client denies such involvement; (3) a duty to expedite litigation (including not attempting to delay or prolong proceedings for specified reasons); and (4) a duty to prevent the commission of a crime (including allowing or requiring disclosure of information). Amends the Federal Rules of Criminal Procedure to provide that: (1) if the offense charged is punishable by imprisonment for more than one year, each side is entitled to six peremptory challenges (currently, six for the Government and ten for the defendant or defendants jointly); and (2) if sentence is to be imposed for a crime of violence or sexual abuse, the court shall (before imposing sentence) address the victim personally if the victim is present at the sentencing hearing, and determine if the victim wishes to make a statement and present any information in relation to the sentence (which statement may be made in camera under specified circumstances). Expresses the sense of the Congress that news media, law enforcement personnel, and other persons should exercise restraint and respect a rape victim's privacy by not disclosing the victim's identity to the general public or facilitating such disclosure without the victim's consent. Subtitle C: Safe Campuses - Requires the Attorney General to: (1) provide for a national baseline study to examine the scope of the problem of campus sexual assaults and the effectiveness of institutional and legal policies in addressing such crimes and protecting victims; and (2) submit a report to the Congress by September 1, 1995. Authorizes appropriations. Amends: (1) the General Education Provisions Act to provide for the disclosure of arrest records by campus police; and (2) the Higher Education Act of 1965 to add sexual assault to the list of offenses regarding which certain institutions are required to collect and disclose statistics. Subtitle D: Assistance to States and Localities - Authorizes the Attorney General to make grants to support projects and programs relating to sexual violence. Sets forth provisions regarding: (1) formula and discretionary grant allotments; (2) application requirements for formula grants; (3) conditions on grants; (4) program evaluation (by the National Institute of Justice); (5) coordination of grant administration; and (6) reporting requirements. Authorizes appropriations. Authorizes the Attorney General to make supplementary grants to States adopting laws that exceed or are reasonably comparable to Federal provisions relating to sexual violence in certain respects. Authorizes appropriations. Title II: Domestic Violence and Offenses Against the Family - Amends the Federal criminal code to establish penaties (including madatory penalties if the offense involves the infliction of bodily injury on, or the commission of sexual abuse against, the victim) for interstate travel to commit spouse abuse or to violate a protective order, subject to specified requirements. Provides for mandatory restitution and pretrial detention for victims of such offense. Includes as an aggravating factor, for purposes of death penalty provisions under this Act, that a killing occurred in the course of such offense. Establishes penalties (including restitution) for noncompliance with child support obligations in interstate cases. Makes compliance with any court or administrative order under State law requiring payments for the support of a child, or of a child and the parent with whom the child is living, a condition of probation. Provides for full faith and credit of protective orders among the States. Expresses the sense of the Congress that, for purposes of determining child custody, evidence establishing that a parent engages in physical abuse of a spouse should create a statutory presumption that it is detrimental to the child to be placed in the custody of the abusive spouse. Directs the Attorney General to: (1) prepare a report on the status of battered women's syndrome as a medical and psychological condition and on its effect in criminal trials; (2) conduct a study of the means by which abusive spouses may obtain information concerning the addresses or locations of estranged or former spouses; (3) complete a study of problems of recordkeeping of criminal complaints involving domestic violence; and (4) evaluate, develop, prepare and disseminate to State authorities, and make recommendations concerning anti-stalking legislation. Sets forth reporting requirements. Authorizes the Attorney General to make grants to support projects and programs relating to domestic violence and other criminal and unlawful acts that particularly affect women. Sets forth provisions regarding: (1) formula and discretionary grant allotments; (2) application requirements for formula grants; (3) conditions on grants; (4) program evaluation; (5) coordination of grant administration; and (6) reporting requirements. Authorizes appropriations. Title III: National Task Force on Violence Against Women - Establishes the National Task Force on Violence Against Women to develop a uniform Federal, State, and local law enforcement strategy aimed at protecting women against violent crimes, punishing persons who commit such crimes, and enhancing the rights of the victims. Sets forth administrative and reporting requirements. Authorizes appropriations.
Bill· HRH.R. 6018 (102nd)referred
United States · United States Congress · 24 September 1992
International Narcotics Control Act of 1992 - Amends the Foreign Assistance Act of 1961 to authorize appropriations for international narcotics control for FY 1993 through 1995. Exempts maritime law enforcement operations in archipelagic waters from a prohibition on U.S. participation in foreign police actions. Makes a prohibition on the use of narcotics control funds for the procurement of weapons or ammunition inapplicable (subject to congressional notification requirements) to: (1) weapons or ammunition for the defensive arming of aircraft used for narcotics control purposes; or (2) firearms and related ammunition provided to Department of State employees for narcotics control activities. Requires the President (currently, the Secretary of State) to maintain records on aircraft use under this title. Authorizes foreign military financing assistance under the Arms Export Control Act to be made available to finance the leasing of aircraft. Permits the use of narcotics control assistance to acquire land or real property for foreign military or law enforcement forces through leases of up to three years. (Current law prohibits the use of such assistance for such acquisitions by any means.) Prohibits the use of such funds (over a specified amount) for construction of facilities for use by such forces unless the President notifies the appropriate congressional committees. Revises congressional reporting and certification requirements with respect to international narcotics control. Amends the International Narcotics Control Act of 1989 to make certain dollar limitations on law enforcement assistance for Bolivia, Colombia, and Peru inapplicable on this Act's enactment date. Repeals obsolete provisions of specified Acts. Makes prohibitions on the provision of assistance to foreign law enforcement agencies inapplicable, during FY 1993 through 1995, to: (1) transfers of defense articles and services for counternarcotics purposes; and (2) foreign military financing and international military education and training for narcotics-related purposes. Makes provisions of law that restrict assistance to countries inapplicable with respect to narcotics-related assistance, provided that the President notifies the appropriate congressional committees. Authorizes the transfer of excess defense articles to major drug-transit countries. Prohibits the transfer of excess defense articles for conservation and wildlife management purposes or for modernization of military capability to any major illicit drug producing country or drug-transit country in Latin America or the Caribbean. Excludes construction equipment from the definition of "excess defense articles" for purposes of restricting the transfer of such equipment to foreign countries. Authorizes military education and training for civilian personnel from other than ministries of defense if such education and training would contribute to cooperation between military and law enforcement personnel with respect to counternarcotics law enforcement. Amends the Export-Import Bank Act of 1945 to prohibit the Bank from guaranteeing, insuring, or participating in an extension of credit in connection with sales of defense articles or services to any country (currently, countries designated under a section of the Internal Revenue Code as economically less developed countries). Exempts from such prohibition articles or services sold before September 30, 1997. Adds to the list of criteria required for approval of such financing that the President determines that the purchasing country has complied with restrictions concerning end use of such articles or services and has not used them to engage in human rights violations.
Bill· HRH.R. 6029 (102nd)referred
United States · United States Congress · 24 September 1992
Amends the Civilian Health and Medical Program of the Uniformed Services (CHAMPUS) to include under such coverage otherwise eligible persons who are also entitled to Medicare benefits. Prohibits a benefit from being paid under CHAMPUS to the extent that it is also a covered benefit for such individual under title XVIII (Medicare) of the Social Security Act.
Bill· HRH.R. 6021 (102nd)referred
United States · United States Congress · 24 September 1992
Designates the Department of Veterans Affairs Medical Center in Augusta, Georgia, as the Doug Barnard, Jr., Department of Veterans Affairs Medical Center.