Education

Defense Workers Economic Reinvestment Act

United States · United States Congress · 3 June 1992

Defense Workers Economic Reinvestment Act - Title I: Economic Reinvestment Council - Establishes the Economic Reinvestment Council to: (1) administer the National Technology Infrastructure Goals Improvement and Consortia Creation program and the Fast Response State Technological Competitiveness Grant program, both established under this Act; and (2) be empowered to examine and approve or disapprove all other project and program selections made under this Act and funding decisions under this Act exceeding $500,000. Requires reviews of funding requests to be completed within 60 days. Directs the Council to advise the Secretary of Defense and the heads of other Federal agencies on the progress and success of the economic reinvestment programs established under this Act and under the Defense Economic Adjustment, Diversification, Conversion, and Stabilization Act of 1990 in alleviating the adverse economic and social effects of reductions in defense spending. Requires the Council to consult on a regular basis with Governors of States involved in reinvestment activities. Directs the Council: (1) upon receiving notification of the annual defense budget proposal of the Secretary, to commence a preliminary study of the potential adverse economic effects the proposal may have on qualified defense contractors and communities; and (2) to prepare and distribute an economic reinvestment progress report on an annual basis. Requires the latter report to be distributed to State governors, the heads of Federal departments and agencies, and any other interested persons. Authorizes appropriations. Title II: National Technology Infrastructure Goals Improvement and Consortia Creation - Directs the President, in order to exploit the potential of critical technologies that would benefit national infrastructure and create export opportunities, to develop and carry out a program to assist advanced technology projects. Includes the following areas within appropriate investments in advanced technology projects which are in the national interest: space exploration, transportation, environmental restoration, telecommunications, energy efficiency, health care, education, and ocean technology. Directs the Council to solicit, review, prioritize, and select advanced technology projects to benefit the national technology infrastructure. Requires the Council to prepare and disseminate guidelines for qualifying project proposals. Requires specified Federal department and agency heads to submit to the Council proposals for such projects. Allows other Federal departments and agencies to submit proposals. Provides that, once a project is selected, the Council shall review project plans and schedules, provide funds to the project through the Department of Defense (DOD), and oversee implementation of the project. Encourages joint ventures in such projects with combinations of industry, academic, and State and Federal Government partners. Authorizes appropriations to fund such project for FY 1993 through 1996. Directs the Council to coordinate and oversee the creation of one consortium matched to each project, focusing on the basic and applied research for such project. Requires at least 50 percent of the funding for a consortium to derive from non-Federal sources. Limits Federal funding for a consortium to $5,000,000 annually for a period of four years. Requires small business to receive a minimum of 20 percent of the consortium research funding. Requires the Council to solicit and evaluate other proposals for critical technology consortia and to select at least three proposals annually. Places identical limits on the length and amounts of Federal funding for such consortia. Requires activities conducted by such a consortium to include a significant defense component. Authorizes appropriations for FY 1993 through 1996. Directs the Secretary to reexamine existing procurement contracts to determine whether overly restrictive specifications on systems, supplies, and services that are also available commercially have been made. Directs the Secretary, for contracts exceeding $100,000 where DOD specifications preclude the purchase of commercial sector products, to justify the necessity for developing a different specification and the unsuitability of commercial specifications. Requires the Secretary to report to the Congress detailing such justifications for each contract. Requires each defense contract solicitation to include provisions which encourage the use of commercially available systems, supplies, and services. Title III: Relieving Labor Shortages in Selected Civilian Applications - Directs the Secretary to establish an Office of Training Oversight and Administration to coordinate and oversee retraining, placement, and other transition assistance activities for full-time employees of at least three years of a qualified defense contractor (a contractor deriving 30 percent of its annual income from, or using 30 percent of its work force on, defense contracts) who: (1) are directly involved with a DOD funded project which is canceled or which receives at least a 25 percent reduction in Federal funds; and (2) are terminated or likely to be terminated within one year as the result of such cancellation or reduction. Directs the Office to disseminate information concerning such retraining and placement assistance to all qualified contractors and eligible DOD employees. Directs the Office to maintain statistics on the effectiveness of the transition assistance program in order to aid the Council in required activities. Authorizes the Office, in cooperation with other Federal agencies, to enter into agreements for the provision to eligible DOD employees of such transition assistance in skills identified to be in short supply in the area in which the retraining program operates. Authorizes the Office to award one- and two-year scholarships to educational institutions, giving a priority in such scholarships to eligible employees who seek vocational training and for scholarships in certain critical occupations as determined by the Office. Limits the Federal contribution to a training program to 50 percent of its costs. Authorizes appropriations for FY 1993 through 1995. Requires a qualified defense contractor to make a good faith effort to identify as early as possible employees who meet the eligibility requirements of the program, to advise them on options, and to allow them to participate in retraining and other transition assistance programs. Allows certain employees previously terminated under similar conditions within one year before the enactment of this Act to be eligible for such program. Title IV: Commercialization Opportunities - Directs the Secretary of Commerce (Secretary, for purposes of this title) to establish a program to assist U.S. businesses in creating and applying the generic technology and research results necessary to commercialize significant new discoveries and technologies. Requires the program selection board to be modeled after the Advanced Technology Program of the National Institute of Standards and Technology. Directs the Secretary to inform the Council of the status of funded projects and on new selections for the Council's approval as required under title I. Authorizes the Secretary to enter into contracts and cooperative agreements with U.S. businesses for commercialization projects to demonstrate the feasibility of a particular technology or process up to the prototype stage, limiting the Federal funds to 33 percent of the project's costs, and limiting a single project to $1,000,000. Authorizes appropriations to the Secretary for FY 993 through 1996. Authorizes the Secretary to make loans to U.S. businesses of up to $3,000,000 for any one commercialization project. Prohibits more than three loans from being made to any single company or joint venture. Provides loan conditions and criteria. Authorizes appropriations for FY 1993. Directs the Secretary of Defense to: (1) encourage the creation of industrial parks or technology incubator centers to transfer and spin off technology from qualified defense contractors to small businesses; (2) use royalties earned from the licensing of certain patents to assist local technology transfer activities; and (3) create and administer an awards program (modeled after an awards program under the Stevenson-Wydler Technology Innovation Act of 1980) to foster and encourage innovation and redirection efforts by qualified defense contractors in the area of commercialization. Title V: Fast Response State Technological Competitiveness Grants - States as the purpose of this title to provide Federal assistance directly to States for defense reinvestment programs. Directs the Secretary to allocate amounts authorized for appropriation under this title under a specified funding formula as technological competitiveness grants to States whose defense reinvestment programs meet certain requirements. Directs the Council to develop and disseminate guidelines on State eligibility for such grants. Requires a State, prior to receiving such a grant, to provide the Council information about its defense reinvestment program. Directs each State to report annually to the Council on progress under its reinvestment program, as well as any other data analysis required by the Council for its duties. Directs the Secretary to withhold grant funds from a State if the Council concludes that such State's reinvestment program or its progress is unsatisfactory relative to the published guidelines. Allows a 90-day appeal period during which the State shall be permitted to submit a revised program for Council review. Authorizes appropriations for FY 1993 through 1995 for such grants.

Job Training 2000 Act

United States · United States Congress · 28 May 1992

Job Training 2000 Act - Establishes, as part of the Federal system of funding for vocational training programs: (1) a network of local skill centers to provide a common point of entry; (2) a certification system; and (3) a voucher system. Authorizes appropriations to the Secretary of Education for allocations to States and private industry councils to assist in carrying out title III of this Act, relating to certification of vocational training programs. Title I: General Provisions - Part A: Federal Responsibilities - Establishes the Federal Vocational Training Council (Federal Council), composed of the Secretaries of Labor, Education, Health and Human Services, Agriculture, and Veterans Affairs (or their designees) and such other agency heads as the President may designate. Includes among Federal Council functions: (1) advice and guidance on implementation of this Act to affected Federal, State, and local agencies and organizations; (2) ensuring application of consistent policies, practices, and procedures in Federal vocational training programs (including, through waiver authority, requiring common terms and performance standards, collection of common data, coordination and consolidation of timing and sequence, of State and local plans and reports); (3) serving as an information clearinghouse among Federal, State, and local officials; (4) evaluation of the this Act's effect on individuals, institutions, agencies, and labor markets; and (5) oversight of implementation and administration of this Act. Grants each member of the Federal Council limited waiver authority over regulations or provisions of law in their jurisdiction that would prevent application of consistent practices and procedures to the specified items. Terminates such authority three years after the effective date of this Act. Requires certain reports to the President by the Federal Council. Establishes a National Private Sector, Advisory Board on Vocational Training (Advisory Board), composed of 15 members appointed by the President. Allows the President to consider including: (1) representatives of the private sector, who shall be private sector owners or executives with substantial management or policy responsibility, to constitute a majority of the membership; (2) representatives of educational agencies, welfare and social service agencies, labor organizations, or community-based organizations; and (3) participants in vocational training programs and other individuals who have special knowledge and qualifications with respect to vocational training. Directs the Advisory Board to advise the Federal Council on carrying out its responsibilities, increasing private sector involvement in vocational training programs, and ways of ensuring that the Federal vocational training system meets labor market needs. Part B: State Human Resource Investment Council - Requires establishment of a single State human resource investment council (State Council) by each State that receives assistance under an applicable program (i.e. one under the Adult Education Act, Carl D. Perkins Vocational and Applied Technology Education Act, Job Training Partnership Act (JTPA), Rehabilitation Act of 1973, Wagner-Peyser Act, the JOBS program under AFDC provisions of the Social Security Act, specified employment and training provisions under the Food Stamp Act of 1977, specified student aid provisions for Pell Grants, Supplemental Grants, Stafford Guaranteed Loans, Work-Study Programs, and Perkins Direct Loans under the Higher Education Act of 1965, Veterans Vocational Training programs, and other programs designated by the Federal Council). Requires the State Council to advise the Governor on: (1) coordination methods, after reviewing provision of services and use of funds under applicable programs; and (2) developing, implementing, and coordinating State and local standards and measures relating to applicable programs. Requires each State Council to consist of members appointed by the Governor who are representatives of: (1) business and industry (including agriculture, where appropriate), who shall constitute a majority of the membership; (2) organized labor and community-based organizations; (3) the chief administrative office from each State agency primarily responsible for administering an applicable program; (4) the State legislature and appropriate State agencies and organizations; (5) local governments; (6) local educational agencies and postsecondary institutions; (7) local welfare and public housing agencies; and (8) individuals with special knowledge and qualifications with respect to education and career development needs of members of special populations, women, and minorities, including one individual representative of special education. Requires each State to certify to the Federal Council the establishment and membership of the State Council at least 90 days before the beginning of each period of two program years for which a Job Training 2000 plan is submitted. Part C: Additional State Responsibilities - Requires each Governor to biennially issue a statement of goals and objectives for the Job Training 2000 system established in the State pursuant to this Act, in order to assist the private industry councils prepare the Job Training 2000 Plan. Requires dissemination of such statement to private industry councils and other interested agencies, organizations, and individuals. Requires each Governor to report annually to the Federal Council on activities undertaken in the State pursuant to this Act, including specified information and additional imports as requested. Includes among each Governor's oversight responsibilities with respect to private industry councils: (1) monitoring compliance; (2) providing technical assistance; and (3) applying sanctions, including revocation of plan approval or imposition of a reorganization plan (which may be appealed to the Secretary of Labor). Part D: Local Plan and Report - Requires each private industry council (PIC) to submit to the Governor a Job Training 2000 plan for two-year periods. Requires PICs to prepare such plans in a specified manner, and in consultation with representatives of: (1) Federal vocational training programs and local public and private providers of service to such programs, including programs authorized under specified Federal laws and provisions; and (2) local business, labor, educational, and community-based organization and other interested individuals and organizations. Sets forth required contents of such plans, including provisions relating to the certification system and the voucher system under this Act. Sets forth provisions for review and approval of such plans by the Governor (with State Council advice), with opportunities for PIC plan modifications and appeals to the Secretary of Labor, and final review by such Secretary. Requires annual PIC reports to the Governor and State Council. Title II: Skill Centers - Requires each PIC, in accordance with specified consultation procedures, to designate a network of skill centers in each service delivery area (SDA) to: (1) improve individuals' access to vocational training by designating common entry points to programs; (2) better inform individuals to employment opportunities, local labor market conditions, and local vocational training programs' performance; (3) facilitate matching local employers with potential employees who meet hiring qualifications and workforce skill needs; and (4) encourage greater coordination and minimize duplication of services between federally funded vocational training programs. Allows any entity or consortium located in the SDA to apply to be designated as a skill center (including Employment Service offices, community colleges, community-based organizations, administrative entities under JTPA, and other interested organizations and entities). Sets forth skill center functions, including providing specified services in the following categories: (1) core services which each center is required to make available; (2) enhanced services which each center may make available; and (3) specialized employer services which each center may provide to employers on a fee-for-service basis (income from which must be used to expand or enhance the services such center provides). Requires that programs authorized under specified Federal provisions (under certain of the Federal laws listed as applicable programs under title I part B), participate in the operation of the skill centers. Allows other programs providing basic skills, literacy, or vocational training to participate in such center operation as a party to an agreement if the PIC and other participating programs approve. Sets forth requirements for skill center: (1) designation procedures (including publication of notice, consultation, selection criteria, and charter issuance); (2) participating programs agreements with PIC (including exceptions where a participating program may be allowed to provide specified core services in addition to center provision of such services); (3) performance standards (prescribed by the Secretary of Labor in consultation with the Federal Council, with adjustments and additions by each Governor, and with sanctions for noncompliance); and (4) incentive grants, to be awarded to skill centers by Governors from funds available under specified provisions of the Wagner-Peyser Act (Employment Service) and the JTPA. Title III: Certification System for Federal Vocational Training - Directs the Secretary of Education to allocate funds (appropriated pursuant to the authorization under this Act) to the States and PICs to assist in carrying out a certification system to: (1) ensure that only high quality vocational training programs are eligible to receive Federal funds; (2) establish performance standards to increase effectiveness of vocational training programs; and (3) promote the availability of information on the local level regarding performance of vocational training programs. Provides that such allocations shall be based on factors deemed appropriate by such Secretary, in consultation with the Federal Council. Requires a vocational training program provided by an institution or other service provider (except an on-the-job training program) to be certified in order to be eligible to receive Federal funds under specified covered programs (including those under certain of Federal laws and provisions listed as applicable programs under title I part B and mandatory participating programs under title II). Directs the Secretary of Education, in consultation with the Federal Council, to prescribe performance standards for vocational training programs provided by an institution or other service provider. Prohibits such standards from being revised more frequently than once every two years. Requires such standards to address: (1) the institution's financial responsibility; (2) program costs; (3) student withdrawal rates; (4) student loan default rate at the institution; (5) graduate licensure rates; and (6) graduate employment placement, retention, and earnings. Authorizes additional standards based on other measures of program effectiveness in meeting special needs of disadvantaged students and in preparing students for employment, including meeting relevant industry skill standards. Allows PICs to modify levels of successful performance under each such standard, if local conditions so justify and if State and Federal approval is given. Sets forth certification procedures, including: (1) designation of a single State agency to certify programs, collect data, issue guidelines, and determine information to be included in applications; (2) role of the PIC (in the SDA in which the program is located) in certifying, upon notification of the application, whether the program meets performance standards (in which role a PIC may use staff of skill centers or other entities or may establish a consortium with other PICs in the State); (4) State agency approval of applications (with requirements for recertification under specified conditions, and authority to suspend program certification on an emergency basis); (5) appeal procedures at State and Federal levels; (6) conflict-of-interest prohibitions; and (7) PIC dissemination of information on program performance to the skill centers. Title IV: Vocational Training Voucher System - Establishes a vocational training voucher system. Requires that vocational training and related services provided to individuals from funds under the following covered programs shall only be provided through such voucher system: (1) title II (Training Services for the the Disadvantaged) and title III (Employment and Training Assistance for Dislocated Workers) of JTPA; (2) specified employment and training provisions under the Food Stamp Act of 1977; and (3) the new Postsecondary Vocational Training program which this Act adds as part D of title II of the Carl D. Perkins Vocational and Applied Technology Education Act. Defines related services as those provided by a single service provider as part of a package of services which includes vocational training. Allows the covered program to provide, in addition to vocational training and related services, other services (which must be identified in the agreement) through such voucher system. Allows other Federal programs, in addition to the listed covered programs, to participate in the voucher system if such participation is consistent with the laws governing such programs and the PIC approves. Makes the PIC responsible for overseeing the establishment and operation of the voucher system. Directs the PIC, after consultation with local providers of vocational training, to enter into an agreement with the skill centers and the local agencies responsible for administering the covered programs and the additional programs. Requires such written agreement to specify: (1) common procedures for voucher issuance; (2) financial and management information systems to be used to administer the voucher system; (3) payment schedules relating to vouchers, including those for courses not completed by participants; and (4) conditions to ensure compliance with covered program requirements. Requires such vouchers to contain specified information and conditions, including an expiration date and the limitation that the voucher is only redeemable for certified programs. Requires at least 20 percent of the total payment to be withheld from the service provider until the participant has: (1) successfully completed the training; and (2) been employed and retained employment for a period of at least 90 days. Directs the Secretary of Labor, in consultation with the Federal Council, to issue regulations implementing such withholding requirements. Limits the total dollar amount of outstanding vouchers issued in an SDA by a covered program to not more than the amount of funds available to such program in such SDA. Sets forth special rules for vouchers issued for on-the-job training, including: (1) specification of a particular occupational area; (2) redemption only by employers with available positions approved by the covered program in that occupational area; and (3) inapplicability of the withholding requirement. Allows a contract for direct services, in lieu of a voucher, to be used for provision of vocational training and related services under a covered program if the PIC approves the program's request based on a finding of: (1) an insufficient number of providers in an SDA for a voucher system; or (2) programs in the SDA are unable to provide effective services to special participant populations, such as individuals with severe disabilities and substance abusers. Authorizes the Governor to direct a PIC to rescind such a contract upon determining that there was an insufficient basis for such findings. Title V: Conforming Amendments to Other Acts - Amends the Adult Education Act, Carl D. Perkins Vocational and Applied Technology Act, Job Training Partnership Act (JTPA), Rehabilitation Act of 1973, Wagner-Peyser Act, Social Security Act, and Food Stamp Act of 1977 to add requirements relating to duties of State human resources councils (as required by this Act) with respect to applicable programs under such Acts. Amends JTPA to add various program requirements (conforming to this Act) for certification of vocational training programs, participation in operation of skill centers, and vouchered services under JTPA title II (disadvantaged adults and youth programs) and title III (dislocated worker program). Revises JTPA provisions for the Job Corps to include specified arrangements with the skill centers, transfer of specified resources to skill centers, certification requirements for vocational training providers to be eligible for contracts with Job Corps Centers. Amends the Wagner-Peyser Act to include the skill centers under provisions for incentive grants. Requires the employment service to: (1) participate in operation of the skill centers; (2) ensure that core services and agreed-upon enhanced services are provided only through skill centers; and (3) transfer sufficient resources to the skill centers to provide such services to individuals who are authorized to receive services under the Wagner-Peyser Act and who are not participants in other participating programs under the agreement. Allows local employment service offices to apply to be designated as skill centers. Amends Federal law relating to Veterans Vocational Training programs to include references to skill centers. Requires participation in the operation of skill centers and transfer of sufficient resources to such centers to provide the core services and agreed-upon enhanced services to individuals participating under provisions for Veterans Vocational Training. Amends the Carl D. Perkins Vocational and Applied Technology Education Act to require certain grants for postsecondary and adult vocational education programs under title II of such Act to be used only to provide assistance to vocational training programs certified under this Act. Requires a vocational training program to be certified under this Act before it may provide secondary level training to students under the Tech-Prep Education program (part E of title III fo the Carl D. Perkins Vocational and Applied Technology Education Act). Amends the JOBS program under Aid to Families with Dependent Children (AFDC) provisions of the Social Security Act to require State agency participation in the operation of skill centers and transfers of sufficient resources to such centers to provide core services and agreed-upon enhanced services. Requires a vocational training program to be certified under this Act before it may receive funds under the JOBS program. Amends the Food Stamp Act of 1977 to require a vocational training program to be certified under this Act before it may receive funds under certain employment and training project provisions of such Act. Requires vocational training under such Act to be provided only through the voucher system established under this Act. Allows other additional services to be provided through such system. Requires State agencies to enter into agreements relating to administration of the voucher system. Requires State agencies to: (1) participate in operation of skill centers and transfer sufficient resources to such centers to enable them to be the sole providers of core services and agreed-upon enhanced services to food stamp program participants determined to need vocational training. Amends the Higher Education Act of 1965 to require certification for certain institutions that offer vocational education, for purposes of eligibility for certain student aid programs (including specified grant, loan, and work-study programs). Requires such institutions to provide for skill center referrals, prior to enrollment, for students receiving such aid. Amends the Rehabilitation Act of 1973, the Refugee Assistance Act program under specified Federal law, and the Trade Adjustment Assistance program under the Trade Act of 1974 to require certification of vocational training programs under this Act as a condition of eligibility for funding under such Acts. Title VI: Effective Date and Transition - Allows each member of the Federal Council, in consultation with such Council, to establish transition rules and procedures for programs under their jurisdiction, for purposes of this Act.

Emergency Nurse Shortage Relief Act of 1992

United States · United States Congress · 28 May 1992

Emergency Nurse Shortage Relief Act of 1992 - Amends title VIII (Nurse Education) of the Public Health Service Act to authorize the Secretary of Health and Human Services to make grants for programs to: (1) promote nursing as a career, including promotion in public secondary schools; (2) identify and provide internships to students in such schools who show an interest in health care; and (3) recruit nursing students from groups not traditionally well represented in the profession. Authorizes appropriations. Authorizes the Secretary to make grants for programs to: (1) encourage and assist non-practicing nurses to reenter the profession; (2) train nurses as nurse practitioners or nurse midwives or in areas of needed specialized nursing skills; and (3) provide tuition assistance to students in educational programs designed to facilitate reentry. Authorizes appropriations. Authorizes the Secretary to make grants for programs to: (1) increase the attractiveness of nursing as a career through changes in wage structures, employment options and benefits, and the role of nurses in health care facilities; and (2) demonstrate innovative methods of providing for career advancement and encourage nurses and nurse assistants to continue nursing education. Authorizes appropriations. Authorizes the Secretary, subject to appropriations, to establish a program to insure educational loans to individuals with a degree as a registered nurse for educational expenses related to training nurses as nurse practitioners or nurse midwives or in areas of needed specialized nursing skills. Makes provisions of the Federal Program of Insured Loans to Graduate Students in Health Professions Schools, established by current law in the Public Health Service Act, apply to this program except as inconsistent. Authorizes the Secretary, subject to appropriations, to enter into agreements with eligible individuals to assist in repaying specified amounts of their eligible educational loans. Sets forth criteria for an individual to be eligible to receive assistance, including a requirement that the individual agree to work full-time as a registered nurse in a nursing crisis area. Sets forth a schedule for loan repayment by the Secretary to the holder of the loans based on the number of years of work completed as agreed. Amends the Internal Revenue Code to allow C corporations a tax credit for 20 percent of the amount paid or incurred as qualified nursing scholarships.

Domestic Investment Economic Growth Act

United States · United States Congress · 28 May 1992

Domestic Investment Economic Growth Act - Amends the Internal Revenue Code to exclude from gross income gain on qualified investments in an enterprise zone business and a domestic business. Excludes 100 percent of such gain from investment in an enterprise zone business or an urban enterprise zone, and 50 percent of such gain from other qualified investments. Provides for the establishment of investment savings accounts. Allows an individual a reduction of 50 percent of the qualified contributions to an investment savings account. Sets forth the rules for computing such deduction if the individual is not less than 59 1/2 years of age. Limits the maximum annual deduction to $100,000. Defines qualified contributions as the lesser of the individual's qualified savings increase amount or the contributions made by the individual to the investment savings account. Provides a formula for determining the savings increase amount. Defines an investment savings account as a trust created for the exclusive benefit of an individual and the individual's beneficiaries if the account meets certain requirements including that the assets will be invested in: (1) eligible investments; (2) bonds issued by enterprise zone businesses and domestic businesses; and (3) loans to such businesses. Provides that any amount distributed out of such an account shall be included in the gross income of the distributee, except for amounts held in the account for at least ten years. Makes such accounts tax-exempt, except for the imposition of the tax on unrelated business income of charitable, etc., organizations. Disallows such exemption where the contributor engages in prohibited transactions. Imposes, in the case of a distribution from an investment savings account, an additional tax of ten percent of the amount of the distribution which is includible in the gross income of the distributee. Makes such tax inapplicable to distributions held in such accounts for at least five years if such distributions were made for: (1) home purchase expenses; (2) automobile purchase expenses; (3) education expenses; and (4) medical expenses. Makes such tax inapplicable if the distribution is made after the individual for whose benefit the account is established attains age 59 1/2 years or becomes disabled. Sets forth special rules and reporting requirements. Allows the deduction for contributions to investment savings accounts in computing adjusted gross income. Declares that such contributions are not subject to the gift tax. Subjects such accounts to the tax on excess contributions, the tax on prohibited transactions, and the penalty for failure to provide reports on individual retirement accounts or annuities. Imposes a penalty on any person who promotes a nonqualified investment as eligible under the provisions of this Act.

Used Oil Recycling Act of 1992

United States · United States Congress · 28 May 1992

Used Oil Recycling Act of 1992 - Amends the Solid Waste Disposal Act to prohibit the listing or identification of used oil destined for recycling, used oil to be burned for energy recovery, recycled oil, or affiliated material as hazardous wastes. Requires the Administrator of the Environmental Protection Agency to: (1) promulgate regulations for the management of used oil and to encourage recycling of such oil; and (2) take into account the effect of such regulatons on small businesses. Exempts from such regulations used oil generated, collected, or stored by an individual who removes oil from the engine of a motor vehicle, aircraft, household appliance, or item of domestic equipment if owned by such individual and used only for personal purposes. Sets forth regulation requirements for used oil generators, including to: (1) prohibit the storage of used oil in an underground tank unless it meets specified requirements of the Solid Waste Disposal Act; (2) prohibit the storage of used oil for more than 12 months; (3) make used oil in above ground tanks subject to the Spill Prevention and Countermeasure Control Plan requirements of the Federal Water Pollution Control Act; and (4) require owners or operators of such tanks or other used oil containers to notify the Administrator of releases of used oil in excess of 25 gallons and to clean up such releases and comply with closure or disposal requirements. Authorizes the transfer of used oil by generators only to: (1) a permitted used oil recycling facility or a burner of used oil for energy recovery that complies with specifed regulations; (2) a permitted hazardous waste management facility; or (3) a used oil transporter obligated by contract to deliver used oil to another such transporter or to one of the aforementioned facilities. Sets forth recordkeeping requirements for generators, transporters, and recyclers and requires records to be maintained for at least three years. Applies used oil storage and transfer requirements for generators to transporters, except permits transporters to store such oil for only 60 days before transferring it to another transporter or authorized facility. Requires transporters to: (1) comply with all requirements of the Secretary of Transportation for the shipping of used oil; (2) comply with financial responsibility requirements of the Hazardous Materials Transportation Act; and (3) have identification numbers provided by the Administrator. Sets forth regulation requirements for recyclers of used oil. Exempts from regulations used oil generated by: (1) petroleum refining or exploration, production or transportation facilities, or bulk terminals which is to be refined or processed along with normal process streams at a refining facility; and (2) a manufacturer or processor or by an electric or gas utility that is processed, reclaimed, or refined by such generator or its parent, subsidiary, or corporate affiliate, provided that the oil is reused by such entities and such activities meet certain storage, shipping, financial responsibility, contingency, and release detection requirements under this Act. Applies storage requirements similar to those for generators and transporters to recyclers, as well as requiring: (1) aboveground storage tanks and containers of used oil recyclers to comply with hazardous waste storage standards; (2) recyclers to maintain contingency plans to minimize unanticipated damage from used oil; (3) recyclers to comply with requirements for maintenance and operation of used oil recycling facilities and training of personnel; (4) detection of releases of used oil at recycling facilities and cleanup; (5) testing by recyclers, prior to processing, of all used oil received for levels of arsenic, cadmium, chromium, lead, halogens, polychlorinated biphenyls (PCBs), and other materials, as appropriate, and for the testing of fuel for such materials before it leaves the facility; (6) the separate storage of used oil contaminated with any hazardous waste for a specified time period; (7) financial responsibility equivalent to that required for hazardous waste facilities; and (8) class permits for recycling facilities. Requires the Administrator to conduct annual inspections of used oil recycling facilities to determine compliance with permit requirements. Makes a facility ineligible to apply for a permit if: (1) the facility has utilized any pit, pond, lagoon, or other surface impoundment for containing used oil; and (2) there has been a release from such impoundments which requires corrective action or is otherwise subject to post closure care requirements. Permits States to be authorized by the Administrator to carry out permit programs. Prohibits: (1) the placement of used oil in such impoundments or in any uncovered tank; (2) the mixing of used oil with a hazardous waste unless the mixture is managed as a hazardous waste; and (3) the use of used oil as a dust suppressant. Requires the Administrator to promulgate regulations for the closure of such impoundments and tanks containing used oil, to include requirements for: (1) corrective action or postclosure care; (2) allowable fuel specification levels for lead and halogens for the burning of used oil for energy recovery; and (3) lead levels for the burning of industrial specification used oil. Requires oil fuels failing to meet lead limitations to be burned in specified facilities. Directs the Administrator to implement education activities to inform the public about the hazards associated with the improper handling and disposal of used oil and the benefits derived from legitimate used oil recycling. Authorizes appropriations. Requires the Administrator to publish guidelines to assist State and local governments and other public service organizations in the development of used oil collection programs. Makes used oil generators who comply with this Act eligible for an exclusion from cost recovery authorities of the Comprehensive Environmental Response, Compensation and Liability Act. Directs the Administrator to propose regulations establishing guidelines for the procurement of used oil by Federal agencies and other governmental entities.

Designating the week commencing October 4, 1992, as "National Aviation Education Week".

United States · United States Congress · 28 May 1992

Designates the week beginning October 4, 1992, as National Aviation Education Week.

Designating July 2, 1992, as "National Literacy Day".

United States · United States Congress · 28 May 1992

Designates July 2, 1992, as National Literacy Day.

To provide grants to the Bureau of Justice Assistance to expand the capacity of correctional facilities in the States, increase programs for major offenders and parolees, and for other purposes.

United States · United States Congress · 27 May 1992

Title I: Targeting Habitual Repeat and Violent Criminal Offenders - Subtitle A: Expanding the Capacity of State Correctional Facilities - Authorizes the Director of the Bureau of Justice Assistance (the Director) to make grants to States to construct additional correctional facilities for the purpose of increasing prison capacity to make habitual and violent criminal offenders serve the full term of their sentences. Specifies that such construction should aim to provide sufficient capacity to incarcerate such offenders who exhibit a high risk for continued or violent criminal activity for such terms, including individuals: (1) with three or more arrests by age 18; (2) with a history of violent criminal offenses; and (3) exhibiting a pattern of crimes of premeditation and deliberation for whom a prison stay may have a significant deterrent value. Sets forth application requirements. Directs that each State application include a comprehensive plan containing: (1) a description of the correctional facility needs in the State, including relevant supporting data; (2) a description of the resources available to build additional correctional facility capacity, together with an account of the expenses involved that cannot be met with existing resources at the State and local levels; (3) an explanation of how the State will be able to sustain the increased operation and maintenance costs of expanded correctional facility capacity without Federal assistance in the long term; and (4) an evaluation component, including quantifiable data, that measures progress toward meeting the prison capacity goals under this subtitle. Sets forth provisions regarding: (1) fund allocation; (2) grant renewal and limitations; and (3) grant approval and disapproval procedures. Authorizes appropriations. Subtitle B: Major Offenders Programs - Authorizes the Director to make grants to States, for use by the States and units of local government, for purposes of developing and increasing the capacity and the effectiveness of major offenders programs that prioritize the arrest and prosecution of habitual and violent criminal offenders. Specifies that such programs shall include: (1) establishment or expansion of specialized major offender units in law enforcement and criminal prosecutor offices to identify, monitor, arrest, and prosecute major offenders; (2) establishment or expansion of a State crime information center computer database to include the complete arrest histories of major offenders and other relevant information for use by law enforcement officers and criminal prosecutors; and (3) create programs and pilot programs that foster cooperation between law enforcement and criminal prosecution offices in arresting and prosecuting major offenders. Sets forth application requirements. Directs that each State application include a comprehensive plan containing: (1) a description, with supporting data, of the crime problems attributable to major offenders that improved law enforcement and prosecution programs may be able to decrease; (2) a description of the resources available to implement or expand major offenders programs; and (3) an evaluation component. Sets forth provisions regarding: (1) local applications; (2) fund allocation; (3) grant renewal and limitations; and (4) grant approval and disapproval procedures. Authorizes appropriations. Title II: Reducing Criminal Recidivism - Subtitle A: Alternative Sentencing Program Grants: Targeting Nonviolent and Nonrepeat Criminal Offenders - Authorizes the Director to make grants to States, for use by States and units of local government, to develop and increase the capacity and the effectiveness of alternative programs that target the reform of nonviolent and nonrepeat criminal offenders. Directs that alternative methods ensure the certainty of punishment for such offenders who, in the assessment of the State and local courts, can be punished more effectively in an environment other than a traditional correctional facility, including: (1) correctional options, such as community-based incarceration, weekend incarceration, and electronic monitoring of offenders; (2) community service programs that provide work service placement for young offenders; and (3) innovative methods and pilot projects that address the problems of young offenders convicted of serious substance abuse and gang-related offenses, including technical assistance and training to counsel and treat such offenders. Sets forth application requirements. Directs each State application to include a comprehensive plan containing: (1) a description of the alternative programs needed to combat recividism and reduce prison overcrowing, as well as an assessment of the expected decrease in area crime problems due to the availability of alternative sentences, including relevant supporting data; (2) a description of the resources available to implement such programs; and (3) an evaluation component. Sets forth provisions regarding: (1) fund allocation; (2) grant renewal and limitations; and (3) grant approval and disapproval procedures. Authorizes appropriations. Subtitle B: Parole System Fortification - Authorizes the Director to make grants to States, for use by States and units of local government, to increase the capacity and effectiveness of parolee monitoring and drug testing. Specifies that grant applications should ensure the improved effectiveness of supervisory release programs in reducing recidivism, including programs that: (1) increase the number of parole officers, reducing the ratio of officers to parolees; (2) establishing or expanding a parolee release and information computer network; (3) establishing or expanding drug treatment, rehabilitation, and testing programs for parolees with a history of drug abuse and serious criminal activity; and (4) innovative methods or pilot projects that use parole officers as agents in the prevention of parolee recidivism and that increase cooperation between police and parole officers. Sets forth application requirements. Directs each State application to include a comprehensive plan containing: (1) a description of the parole system needs, and local crime problems attributable to the release of parolees, including relevant supporting data; (2) a description of the resources available to address parolee needs; and (3) an evaluation component. Sets forth provisions regarding: (1) local applications; (2) fund allocation; (3) grant renewal and limitations; and (4) grant approval and disapproval procedures. Authorizes appropriations. Title III: Ending the Double Victimization of Society - Subtitle A: Denial of Federal Benefits - Makes any individual who is convicted of three Federal or State felony offenses ineligible for any Federal benefits. Requires: (1) State and Federal courts to send information, as determined necessary by the Director of the Office of Justice Assistance, regarding the conviction of third-time felons to such Office in a timely manner; (2) such Office to maintain a computer listing of individuals convicted of a third Federal or State felony offense and update such list in a timely manner; (3) such Office to transfer the names of such individuals to the General Services Administration for inclusion in the publication "Lists of Parties Excluded from Federal Procurement or Nonprocurement Programs"; and (4) representatives of a Government agency that is responsible for the distribution of a Federal benefit to consult such publication before granting such benefit. Authorizes appropriations. Subtitle B: Prison Work Programs - Amends the Omnibus Crime Control and Safe Streets Act of 1968 to require a State, in order to avoid a reduction of available funds by 25 percent (for redistribution to other participating States), to implement or continue a prison workfare program that requires an inmate who is physically able (as determined by the State Director of Corrections) to work a portion of each day. Title IV: Community Policing Programs - Subtitle A: Community Policing - Authorizes the Director to make grants to States, for use by States and community groups, to develop or expand community policing and crime prevention programs. Sets forth provisions regarding: (1) State and local application requirements; and (2) grant renewal and limitations. Permits community group grant recipients to use such funds for the recruitment of new members, administrative expenses, equipment acquisitions, and community education programs. Authorizes appropriations. Subtitle B: Trust Fund for Community Policing - Amends the Internal Revenue Code to impose a tax, equal to 100 percent of the price for which sold, on taxable smoking paraphernalia manufactured in or imported into the United States. Increases the tax on cigarette papers. Establishes in the U.S. Treasury the Drug Prevention Trust Fund. Transfers to such Fund amounts equivalent to the net revenues received in the Treasury from such taxes. Specifies that amounts in the Fund shall be available, as provided in appropriation Acts, only for purposes of making expenditures to carry out the community policing program coordinated by the Director.

The following named persons to be Members of the Civil Liberties Public Education Fund Board of Directors for the terms indicated: For terms of two years: Bruce T. Kaji, of California Tomio Moriguchi, of Washington For terms of three years: Edwin C. Hiroto, of California William H. Marumoto, of Virginia S. Stephen Nakashima, of California George Shoichi Oki, Sr., of California Grant Masashi Ujifusa, of New York

United States · United States Senate · 21 May 1992

A bill to amend and authorize appropriations for the continued implementation of the Juvenile Justice and Delinquency Prevention Act of 1974.

United States · United States Congress · 21 May 1992

Amends the Juvenile Justice and Delinquency Prevention Act of 1974 (the Act) to revise provisions with respect to the operation of the Office of Juvenile Justice and Delinquency Prevention. Establishes a direct reporting relationship between the Administrator of the Office and the Attorney General. Makes the Administrator directly responsible to the Attorney General. Bars the Attorney General from delegating specified powers, duties, or functions. Repeals a provision directing the Administrator, in carrying out his functions, to consult with the Coordinating Council on Juvenile Justice and Delinquency Prevention. Directs the Administrator to: (1) assist Federal agencies that have direct responsibilities for the prevention and treatment of juvenile delinquency in the development and promulgation of regulations, guidelines, requirements, criteria, standards, procedures, and budget requests in accordance with the policies, priorities, and objectives that the Commission establishes; (2) conduct and support evaluations and studies of the performance and results achieved by Federal juvenile delinquency programs and activities and of the prospective performance and results that might be achieved by alternative programs and activities supplementary to or in place of those currently being administered; and (3) develop for each fiscal year, and publish annually in the Federal Register for public comment, a proposed comprehensive plan describing the particular activities that the Commission intends to carry out. Authorizes the Administrator to: (1) request a Federal department or agency that engages in activity involving any Federal juvenile delinquency prevention program to provide the Administrator with programmatic and other information, and the head of such department or agency to comply with such request; and (2) make grants and enter into contracts with public or private nonprofit agencies, organizations, institutions, and natural persons to carry out the Act. Directs the Administrator to review: (1) the programs and practices of Federal agencies and report to the President and the Congress on the degree to which Federal agency funds are used for purposes that are either consistent or inconsistent with provisions of the Act; and (2) the reasons why Federal agencies take juveniles into custody and make recommendations regarding how to improve Federal practices and facilities for holding juveniles in custody. Revises reporting requirements to cover specified activities, including a description of exemplary delinquency programs for which assistance is provided under the Act, with particular attention to community-based alternatives to juvenile incarceration that involve and assist families of juveniles. Authorizes the Administrator to make grants for State and local programs with public and private nonprofit agencies for the development of more effective programs of juvenile justice and delinquency prevention and treatment (currently, with public and private agencies for the development of more effective education, training, research, prevention, diversion, treatment, and rehabilitation programs in the area of juvenile delinquency and programs to improve the juvenile justice system (system)). Increases allocations for State formula grants. Revises provisions with respect to the composition and functions of the advisory group required under each State plan. Specifies that such advisory group shall consist of not more than 30 members: (1) who have training, experience, or special knowledge concerning the prevention and treatment of juvenile delinquency or the administration of juvenile justice; (2) including at least one locally elected official representing general purpose local government, representatives of law enforcement and juvenile agencies, public agencies concerned with delinquency prevention or treatment, private nonprofit organizations, volunteers who work with delinquents or potential delinquents, youth workers involved with programs that are alternatives to incarceration, persons with special experience and competence in addressing problems related to school violence, vandalism, and alternatives to suspension and expulsion, and in addressing problems related to learning disabilities, emotional difficulties, child abuse and neglect, and youth violence; (3) a majority of whom (including the chairperson) shall not be full-time employees of the Federal, State, or local government; (4) at least one-fifth of whom shall be under age 24 at the time of appointment; and (5) at least three of whom have been under the jurisdiction of the system at some time. Sets forth additional requirements with respect to such advisory group. Earmarks funds for programs and services such as: (1) community-based alternatives to incarceration and institutionalization, including specified programs and services for youth who can remain at home with assistance, need temporary placement, and need residential placement; (2) community-based programs and services to work with parents and other family members to strengthen families, including parent self-help groups, so that juveniles may be retained in their homes; (3) comprehensive juvenile justice and delinquency programs that meet the needs of youth through the collaboration of the many local systems before which a youth may appear, including schools, courts, and specified agencies and services; (4) educational programs or supportive services for delinquent or other youth, provided equitably regardless of sex, race, or family income, designed to encourage them to remain in school; (5) expanded use of home probation; (6) programs and projects designed to provide for the treatment of youths' dependence on or abuse of alcohol or other drugs; (7) law-related education programs and projects for delinquent and at-risk youth; and (8) programs for positive youth development that assist delinquent and other at-risk youth in obtaining a sense of safety and structure, of belonging, of self-worth, of independence and control over one's life, of closeness in interpersonal relationships, and of competence. Extends through 1997 (currently, 1993) the requirement that the Administrator promulgate regulations which make exceptions to a prohibition against the detention or confinement of juveniles in any jail or lockup for adults with respect to the detention of juveniles accused of non-status offenses who are awaiting an initial court appearance pursuant to an enforceable State law requiring such appearances within 24 hours after being taken into custody, subject to specified limitations. Requires State plans to provide assurance that youth in the system are treated equitably on the bais of gender, race, family income, and mentally, emotionally, or physically handicapping conditions. Provides for the reduction of funds by 25 percent for each paragraph with respect to which noncompliance with requirements of the Act occurs. Revises provisions with regard to ineligibility of such States to receive allotments. Includes among the purposes of the National Institute for Juvenile Justice and Delinquency Prevention to provide appropriate training for prosecutors and defense attorneys. Authorizes the Administrator to provide such training. Directs the Comptroller General, not later than one year after the date of enactment of this Act, to conduct studies with respect to: (1) juveniles waived to adult court; (2) admissions of juveniles for behavior disorders to private psychiatric hospitals and to other residential and nonresidential programs that serve such juveniles; (3) gender bias within State juvenile justice systems; (4) the Native American pass-through grant program that reviews the cost-effectiveness of the funding formula utilized; and (5) access to counsel in juvenile court proceedings. Sets forth reporting requirements. Requires the Administrator to provide for the establishment or support of programs and services that encourage the improvement of due process available to juveniles in the system and the quality of legal representation for such juveniles. Specifies that the competitive process regarding consideration of grant applications shall not be required if the Administrator makes a written determination that apply to programs to be carried out in areas with respect to which the President declares under the Robert T. Stafford Disaster Relief and Emergency Assistance Act that a major disaster or emergency exists (but repeals other exceptions, and reporting requirements related to such exceptions, to the competitive process). Directs the Administrator to establish and support programs and activities that involve families and communities in: (1) the prevention of youth gangs through programs that are designed to: target elementary school students, with the purpose of steering students away from gang involvement; provide individual and family crisis intervention and counseling to students and their families who are particularly at risk of gang involvement; develop and support community education about gangs and gang activity with the intent of involving the community in dealing with the problems associated with gangs; and include a special location within a school or housing project for program activities; and (2) crisis intervention and rehabilitation of youth gangs. Authorizes appropriations. Authorizes the Administrator to make grants, in the amount of ten percent of the amount of the State allocation, for challenge activities in which the State participates in such activities. Defines "challenge activity" as a program maintained for one of specified purposes, such as: (1) developing and adopting policies and programs to provide: basic health and appropriate education services for youth in the system as specified in standards developed by the National Advisory Committee for Juvenile Justice and Delinquency Prevention prior to October 12, 1984; access to counsel for all juveniles in the justice system to ensure that juveniles consult with counsel before waiving the right to counsel; and secure settings for the placement of violent juvenile offenders with capacities of no more than 50 youth with ratios of staff to youth great enough to ensure adequate supervision and treatment; (2) increasing community-based alternatives to incarceration by establishing programs and developing and adopting objective criteria for the appropriate placement of juveniles in detention and secure confinement; (3) developing and adopting policies to prohibit gender bias in placement and treatment, and establishing programs to ensure that female youth have access to the full range of health services, treatment for physical or sexual assault and abuse, education in parenting, education in general, and other training and vocational services; (4) establishing and operating a State ombudsman office for children, youth, and families to investigate and resolve complaints relating to action, inaction, or decisions of providers of out-of-home care to children and youth that may adversely affect the health, safety, welfare, or rights of resident children and youth; (5) developing and adopting policies and programs designed to remove, where appropriate, status offenders from the jurisdiction of the juvenile court; (6) developing and adopting policies and programs designed to serve as alternatives to suspension and expulsion from school; (7) increasing aftercare services for juveniles involved in the justice system; and (8) developing and adopting policies to establish a State administrative structure to coordinate program and fiscal policies for children who have emotional and behavioral problems and their families among the major child serving systems and a statewide case review system which meets specified requirements. Revises findings with respect to runaway and homeless youth. Specifies that runaway and homeless youth centers funded by grants under the Act shall serve as alternatives to the law enforcement, child welfare, mental health, and juvenile justice systems. Provides for increases in the allocation to a State or territory under such provisions. Repeals a provision authorizing the Secretary of Health and Human Services (HHS) to provide on-the-job training to local runaway and homeless youth center and other personnel in recognizing and providing for learning disabled and other handicapped juveniles. Modifies eligibility requirements with respect to such grants. Includes among such requirements that an applicant propose to establish, strengthen, or fund a locally controlled project (currently, facility) providing temporary shelter. Requires that, to qualify for such assistance, the applicant submit a plan to the Secretary including assurances that the applicant shall: (1) develop an adequate plan for assuring proper relations with health and mental health care personnel; and (2) keep adequate statistical records profiling the family members which it serves, including youth who are not referred to out-of-home shelter services. Authorizes appropriations for grants for a national communication system to assist runaway and homeless youth in communicating with their families and with service providers. Gives priority to grants smaller than $250,000 (currently, $150,000) for runaway and homeless youth centers. Requires applicants, to be eligible for transitional living grant assistance, to submit to the Secretary a plan in which such applicant agrees, as part of such project: (1) to provide services including training in money management, budgeting, consumer education, and use of credit to homeless youth; and (2) not to disclose records maintained on individual homeless youth without the consent of the individual youth (currently, and parent or legal guardian) to anyone other than an agency compiling statistical records or a government agency involved in the disposition of criminal charges against youth. Repeals provisions with respect to grants for technical assistance and training, authority to make grants to research, demonstration, and service projects, and coordination with the activities of health agencies in the Department of HHS. Authorizes the Secretary to make grants and provide technical assistance to public and nonprofit private entities (and combinations of such entities) to establish and operate street-based services to runaway, homeless, and other street youth. Requires an applicant, to be eligible for such assistance, to propose to establish, strengthen, or fund a street-based services project and submit to the Secretary a plan in which the applicant agrees, as part of the project, to: (1) identify and frequent areas in which such youth congregate, making contact and forming relationships with such youth; (2) assess the problems and service needs of such youth and provide appropriate services or information and referral for these services; (3) cause its staff to work in teams with on-street supervision or backup and off-street clinical supervision, develop referral relationships with agencies and organizations, and help integrate and coordinate such services for youth; (4) submit to the Secretary an annual report and an annual budget; (5) implement such accounting procedures and fiscal control devices as the Secretary may require; (6) keep adequate statistical records profiling the youth that it serves and not disclose the identity of individual street youth in documents based on such records; (7) not disclose records maintained on street youth without the consent of the individual youth to anyone; and (8) provide to the Secretary such other information as the Secretary may reasonably require. Directs the Secretary to: (1) give priority in selecting eligible applicants to entities that have experience in providing direct services to street youth; and (2) make grants to State, regional, and other nonprofit organizations (and combinations of such organizations) to provide technical assistance and training to eligible groups for the purpose of establishing and improving the operation of programs for street youth. Authorizes the Secretary to make grants to States, localities, and private entities (and combinations of such entities) to carry out research, demonstration, and service projects designed to increase knowledge concerning, and to improve services for, street youth. Requires the Secretary to give priority to applicants that have knowledge of or experience in working with runaway and homeless youth, and special consideration to proposed projects meeting specified criteria. Directs the Secretary, with respect to matters relating to health, education, employment, and housing, to coordinate the activities of health agencies in the Department of HHS with those of other divisions of that department and other public and private entities, and encourage coordination with other departments. Sets forth additional reporting requirements. Authorizes appropriations. Sets forth priorities in the use of appropriated funds. Authorizes appropriations for grants relating to locating missing children. Creates a new title V of the Act, which may be cited as the Incentive Grants for Local Delinquency Prevention Programs Act. Sets forth provisions regarding the duties and functions of the Commission. Authorizes the Commission to make grants to a State for delinquency prevention programs and activities for youth who have had, or who are likely to have, contact with the system, including the provision to children, youth, and families of recreation services, tutoring and remedial education, assistance in the development of work awareness skills, child and adolescent health and mental health services, alcohol and substance abuse prevention services, and leadership development activities. Sets forth requirements with respect to: (1) eligibility requirements; (2) priorities in considering grant applications; (3) innovative ways to involve the private nonprofit and business sector in delinquency prevention activities; and (4) developing or enhancing a statewide subsidy program to local governments that is dedicated to early intervention and delinquency prevention. Authorizes appropriations. Directs the General Accounting Office, after such program has been funded for two years, to prepare and submit to the Congress a study of the effects of the program in encouraging States and units of general local government to comply with requirements of the Act. Creates a new title VI of the Act, which may be cited as the Justice System Enhancement for Abused and Neglected Children Act. Directs the Administrator, subject to specified limitations, to: (1) issue such rules as are necessary or appropriate to carry out such title; (2) make such arrangements as necessary and appropriate to facilitate coordination and policy development among all civil and criminal justice system improvement activities funded through the Department of Justice, as well as with other Federal agencies (including the Inter-Agency Task Force on Child Abuse and Neglect), relating to abused and neglected children (including the preparation of an annual comprehensive plan for facilitating such coordination and policy development); and (3) provide adequate staff and agency resources necessary to properly carry out responsibilities pursuant to such title. Authorizes the Administrator to make grants to and enter into contracts with public agencies or privte nonprofit organizations (or combinations thereof) for research or demonstration and system improvement projects designed to: (1) identify effective approaches to the handling of child abuse and neglect cases in the criminal and civil justice systems so that such approaches can serve as models to other jurisdictions; (2) research issues concerning the legal system's reponse as a whole to child abuse and neglect; (3) improve the response of the criminal and civil justice systems to the special needs and sensitivities of children who have been abused or neglected; and (4) enhance coordination between the civil and criminal justice systems in child abuse and neglect cases (as well as coordination between these systems and the social services, mental health, health, and education systems that are also involved) and the availability of, and access to, child abuse and neglect prevention and treatment services for child victims, their family members, and the perpetrators. Directs the Assistant Attorney General, in considering grant applications, to give priority to applicants that demonstrate ability in: (1) conducting research and disseminating findings with respect to civil and criminal justice system cases involving child abuse, child neglect, or child maltreatment-related fatalities; (2) developing model approaches for responding to such cases; and (3) coordinating responses to such cases. Requires the Administrator, in considering grant and contract applications under such title, to endeavor to ensure that cases of child abuse and neglect in family settings, in the community, and within residential institutions are all given an adequate focus. Authorizes the Administrator to make grants and enter into contracts with public agencies or private nonprofit organizations (or combinations thereof) for training, technical assistance, and service programs designed to educate prosecutors and defense attorneys in the criminal justice system, judges in the civil and criminal justice systems, and practitioners in the civil justice system about the experiences of children who are abused or neglected and their families and improve skills and responses in handling child abuse and neglect cases. Sets forth priorities in considering applications for such grants. Directs the Administrator to establish annual priorities for making grants and contracts for research or demonstration and system improvement projects and criteria based on merit for making such grants and contracts, and to publish in the Federal Register for public comment a statement of such proposed priorities and criteria before establishing such priorities and criteria. Authorizes appropriations.

National Marine Sanctuaries Program Amendments Act of 1992

United States · United States Congress · 21 May 1992

National Marine Sanctuaries Program Amendments Act of 1992 - Amends the Marine Protection, Research, and Sanctuaries Act of 1972 to include the cost of long-term monitoring in the definition of "damages." Requires, in order to designate an area as a sanctuary, a determination that existing State and Federal authorities should be supplemented (currently, that such authorities are inadequate) to ensure coordinated and comprehensive conservation and management. Requires, when determining whether to designate an area, consideration of: (1) governmental as well as commercial or recreational resource uses; and (2) past, present, or proposed future disposal of materials in the area, including hazardous substances, hazardous wastes, or radioactive wastes. Modifies procedures for: (1) proposing designation of an area as a sanctuary; and (2) the taking effect of a designation. Makes Federal agency actions internal or external to a national marine sanctuary that are likely to injure any sanctuary resource or quality subject to review by and consultation with the Secretary. Mandates review of sanctuary management plans at least every five years. Requires title III (Marine Sanctuaries) of the Act and regulations under certain provisions of that title (currently, requires those regulations) to be applied in accordance with international law, treaties, and conventions to which the United States is a party. Includes the U.S. territorial sea and the U.S. Exclusive Economic Zone in the application of the Act and its regulations and permits. Mandates cooperation with other governments and international organizations in furtherance of the title. Replaces provisions mandating research and education programs with provisions making it unlawful to violate the Act or to refuse or interfere with searches or inspections. Increases the dollar limit on fines for violations. Declares that: (1) a civil penalty constitutes a maritime lien on the vessel used in the violation of the title and allows in rem recovery; and (2) the proceeds from forfeiture of a vessel or its equipment, stores, or cargo constitute a separate recovery in addition to any civil penalty. Allows penalties and forfeitures to be used for enforcement costs and the costs of any liens or mortgages against forfeited property. Replaces provisions mandating the promotion and coordination of research with provisions directing the Secretary of Commerce to: (1) conduct research, monitoring, evaluation, and education to carry out the title; and (2) promote and coordinate research, monitoring, and education. Replaces provisions mandating cooperative agreements with provisions authorizing cooperative agreements, grants, contracts, or other agreements to carry out the title. Authorizes solicitation and acceptance of donations to carry out the title. Declares that nothing in a specified Federal law relating to the liability of a vessel owner shall limit liability under this Act. Allows the defense (to liability for harm to a sanctuary resource) that the activity was specifically authorized by Federal or State law only if the activity was conducted in compliance with the terms of any required permit or license. Removes provisions allowing the defense to such liability that the harm was negligible. Requires recovery, with interest, of administrative costs and expenses in connection with damage assessment and restoration planning, any restoration, replacement, or acquisition, and actions to recover damages. Removes provisions regulating the use of civil penalties. Requires amounts recovered with respect to sanctuary resources under State jurisdiction to be used in accordance with the court decree or settlement agreement as well as with an agreement entered into by the Secretary and the Governor of that State, provided the agreement involving the Governor is entered into by a certain period after recovery of the amounts. Authorizes appropriations to carry out the title. Authorizes establishment of advisory councils with regard to the designation or management of one or more national marine sanctuaries.

A bill to establish a boot camp program for juvenile delinquents, provide grants for State and local law enforcement, and authorize additional appropriations for the Head Start Program.

United States · United States Congress · 21 May 1992

Authorizes the Attorney General, through the Administrator of the Office of Juvenile Justice and Delinquency Prevention, to make grants to appropriate State agencies for the purpose of establishing up to ten military-style boot camps for juvenile delinquents. Specifies that such camps shall be located on existing or closed military installations on sites to be chosen by the agencies in one or more States, or in other facilities designated by the agencies on such sites. Directs the Administrator to: (1) try to achieve equitable geographic distribution in approving camp sites; and (2) give priority to grants where more than one State enters into formal cooperative arrangements to jointly administer a camp. Specifies that such camps shall: (1) provide a highly regimented schedule of strict discipline, physical training, work, drill, and ceremony characteristic of military basic training, and remedial and vocational education and treatment for substance abuse (where appropriate); and (2) be designed to accommodate between 200 and 300 juveniles for such time as the agency deems appropriate. Makes a person eligible for assignment to a camp if he or she: (1) is considered to be a juvenile under the laws of the State of jurisdiction; and (2) has been adjudicated delinquent in such State or, upon court approval, voluntarily agrees to the assignment in lieu of an adjudication of delinquency. Specifies that, to the maximum extent possible, camps shall be operated and maintained by active or reserve military personnel, under the supervision of the agency. Requires a State that seeks to establish, or participate in the joint administration of, a camp to submit to the Administrator a plan setting forth the provisions that the State will make for the continued supervision of juveniles following release, and for educational and vocational training, drug or other counseling and treatment (where appropriate), and other support services. Authorizes appropriations. Authorizes the Attorney General to make grants to State and local law enforcement agencies to combat drug-related and other violent crimes, subject to specified limitations. Provides for the allocation of funds. Authorizes appropriations. Expresses the sense of the Congress that there should be appropriated for FY 1993 specified additional funds for carrying out the Head Start Act and the Follow Through Act. Bars the United States from obligating any funds for the superconducting super collider project until funds have been appropriated as specified in this Act, subject to specified requirements.

National Marine Sanctuaries Program Amendments of 1992

United States · United States Congress · 21 May 1992

National Marine Sanctuaries Program Amendments of 1992 - Amends the Marine Protection, Research, and Sanctuaries Act of 1972 to include the cost of long-term monitoring in the definition of "damages." Requires, in order to designate an area as a sanctuary, a determination that existing State and Federal authorities should be supplemented (currently, that such authorities are inadequate) to ensure coordinated and comprehensive conservation and management. Modifies procedures for: (1) proposing designation of an area as a sanctuary; and (2) the taking effect of a designation. Requires title III (Marine Sanctuaries) of the Act and regulations under certain provisions of that title (currently, requires those regulations) to be applied in accordance with international law, treaties, and conventions to which the United States is a party. Includes the U.S. territorial sea and the U.S. Exclusive Economic Zone in the application of the Act and its regulations and permits. Replaces provisions mandating research and education programs with provisions making it unlawful to violate the Act or to refuse or interfere with searches or inspections. Increases the dollar limit on fines for violations. Declares that: (1) a civil penalty constitutes a maritime lien on the vessel used in the violation of the title and allows in rem recovery; and (2) the proceeds from forfeiture of a vessel or its equipment, stores, or cargo constitute a separate recovery in addition to any civil penalty. Allows penalties and forfeitures to be used for enforcement costs and the costs of any liens or mortgages against forfeited property. Replaces provisions mandating the promotion and coordination of research with provisions directing the Secretary of Commerce to: (1) conduct research, monitoring, evaluation, and education to carry out the title; and (2) promote and coordinate research, monitoring, and education. Replaces provisions mandating cooperative agreements with provisions authorizing cooperative agreements, grants, contracts, or other agreements to carry out the title. Authorizes solicitation and acceptance of donations to carry out the title. Declares that nothing in a specified Federal law relating to the liability of a vessel owner shall limit liability under this Act. Allows the defense (to liability for harm to a sanctuary resource) that the activity was specifically authorized by Federal or State law only if the activity was conducted in compliance with the terms of any required permit or license. Requires recovery, with interest, of administrative costs and expenses in connection with damage assessment and restoration planning, any restoration, replacement, or acquisition, and actions to recover damages. Requires amounts recovered with respect to sanctuary resources under State jurisdiction to be used in accordance with the court decree or settlement agreement as well as with an agreement entered into by the Secretary and the Governor of that State, provided the agreement involving the Governor is entered into by a certain period after recovery of the amounts. Requires any amounts remaining after disposition under certain provisions to be deposited in the General Fund of the Treasury. Authorizes appropriations to carry out the title. Authorizes establishment of advisory councils with regard to the designation or management of one or more national marine sanctuaries. Requires protection and management of any historical resource located in a sanctuary consistent with the title. Makes any shipwreck abandoned or otherwise in a national marine sanctuary subject to the Secretary's authority to protect and manage the sanctuary and its resources.

Self-Sufficiency Opportunities Act of 1992

United States · United States Congress · 21 May 1992

Self-Sufficiency Opportunities Act of 1992 - Amends part A (Aid to Families with Dependent Children) (AFDC) of title IV of the Social Security Act to disregard for purposes of AFDC eligibility any savings from a child's earned income placed in a qualified education account. Allows States to permit certain self-employment program participants a one-time election to purchase capital equipment for a small business. Treats: (1) such purchases as business expenses and prohibits their depreciation for income tax purposes; and (2) repayments of the principal portion of small business loans and cash retained by small businesses for future uses as business expenses for purposes of AFDC eligibility. Authorizes grants to States for public-private parterships for technical assistance for AFDC recipients seeking to become self-employed. Authorizes appropriations.

American Technology and Competitiveness Act

United States · United States Congress · 21 May 1992

American Technology and Competitiveness Act - Title I: General Provisions - Sets forth the purposes and goals of this Act. Title II: Manufacturing - Manufacturing Technology and Extension Act of 1992 - Amends the Stevenson-Wydler Technology Innovation Act of 1980 to designate the Department of Commerce as the lead civilian Federal agency to work with U.S. industry, State and local governments, and private entities to enhance U.S. manufacturing capabilities. Establishes the Nationwide Network of Manufacturing Outreach Centers to assist U.S. manufacturers, especially small and medium-sized firms, to expand the use of technology and modern manufacturing processes. Provides for a related communications infrastructure and information clearinghouse. Authorizes appropriations. Establishes the Advanced Manufacturing Systems and Networking Projects program to create technology development programs to create advanced computer-integrated, electronically-networked manufacturing technologies and associated applications. Authorizes appropriations. Requires the Director of the National Science Foundation (NSF) to expand the Engineering Research Centers program with emphasis on advanced manufacturing. Authorizes the establishment of up to five new Centers for such purpose. Authorizes appropriations. Title III: Critical Technologies - Subtitle A: Miscellaneous - Requires the Secretary of Commerce (Secretary) to report annually to the appropriate congressional committees regarding any executive branch international trade negotiations which might affect Federal research and development programs. Subtitle B: Council on Technology and Competitiveness - Establishes within the Executive Office of the President a Council on Technology and Competitiveness. Authorizes appropriations. Subtitle C: Advanced Technology Program - Directs the Secretary to submit to the Congress an expansion plan for the Advanced Technology program. Requires the establishment of at least two new critical technologies consortia. Authorizes appropriations. Subtitle D: Technology Commercialization Loans - Authorizes the Secretary to make technology commercialization loans. Authorizes appropriations. Subtitle E: Critical Technologies Development-Part I: General Provisions - Critical Technologies Development Act of 1992 - Directs the Under Secretary of Commerce for Technology (Under Secretary) to establish a critical technologies development advisory committee. Part II: Program Structure and Operation - Establishes a program of financing qualified business concerns through federally assisted licensees. Part III: Enforcement - Provides for licensee enforcement. Part IV: Miscellaneous - Authorizes the Under Secretary to issue and guarantee trust certificates for licensee preferred securities. Authorizes appropriations. Title IV: International Standardization - Amends the American Technology Preeminence Act of 1991 to expand the standards pilot program to promote the dissemination of U.S. technical standards abroad. Authorizes appropriations. Directs the Secretary to report to the Congress with regard to the appropriate Federal role in developing and promulgating domestic and global product and quality standards. Title V: Miscellaneous Provisions - Authorizes appropriations for: (1) the Office of the Under Secretary; (2) technology policy; (3) Japanese technical literature; (4) National Technical Information Service modernization, including a facilities study; and (5) specified activities within the National Institute of Standards and Technology. Prohibits the fraudulent use of "Made in America" labels. Provides for compliance with the Buy American Act. Prohibits the making of a Malcolm Baldrige National Quality Award within a category or subcategory if there are no qualifying enterprises in that category or subcategory. Title VI: Competitiveness Research, Data Collection, and Evaluation - Directs the Secretary to conduct a competitiveness research program. Authorizes appropriations. Title VII: Education and Workforce Training - Subtitle A: American Industrial Quality and Training - American Industrial Quality and Training Act of 1992 - Authorizes the Secretary to make grants for workforce quality training partnerships. Authorizes appropriations. Authorizes the Secretary of Labor to make grants for youth technical apprenticeship programs. Directs such Secretary to establish a program information clearinghouse. Authorizes appropriations. Authorizes the Secretary of Education to make grants for statewide systems of technical training. Authorizes appropriations. Requires reports on U.S. industry worker training and on the applicability of total quality management to education. Authorizes appropriations. Subtitle B: Scientific and Technical Education - Scientific and Technical Education Act of 1992 - Requires NSF to: (1) carry out a program to assist associate-degree-granting colleges to provide education in advanced technology fields, with emphasis on the needs of nontraditional students; (2) establish up to ten scientific and technical education centers of excellence; (3) make grants to eligible college partnerships to assist associate students in mathematics, science, engineering, or technology make the transition to bachelor-degree-granting institutions; and (4) make grants to strengthen the relationships between associate-degree-colleges and secondary schools. Authorizes appropriations. Authorizes NSF to make grants for technology education teacher training. Authorizes appropriations. Subtitle C: Miscellaneous - Amends the Stevenson-Wydler Technology Innovation Act of 1980 to require the Secretary to report to the Congress on establishment of a Malcolm Baldrige National Quality Award for educational institutions. Directs the Secretary to establish in the Technology Administration the American Industrial Quality Foundation to further U.S. industrial competitiveness in the international marketplace. Authorizes appropriations. Amends the Academic Research Facilities Modernization Act of 1988 to authorize appropriations for the Academic Research Facilities Modernization program. Directs the Secretaries of Agriculture, of Defense, and of Energy, the Administrator of the National Aeronautics and Space Administration (NASA) and the Director of the National Institutes of Aeronautics and Space Health to each establish academic research facilities awards programs. Authorizes appropriations. Authorizes NASA, NSF, and the Department of Energy to establish a joint awards program in support of science and technology instructional equipment and facilities. Authorizes appropriations. Amends the National Science Foundation Act of 1950 to authorize NSF to foster the development of high performance computing. Amends the Excellence in Mathematics, Science, and Engineering Act of 1990 to authorize appropriations for grants to educational agencies for systematic reform of mathematics and science education. Title VIII: Tax and Investment Incentives - Investment Incentives Act of 1992 - Subtitle A: Tax and Investment Incentives - Part I: Research and Experimentation Tax Credit Made Permanent - Amends the Internal Revenue Service Code to make the research tax credit permanent. Part II: Capital Gain Provisions - Provides for: (1) the indexing of certain assets acquired on or after February 1, 1992, for purposes of determining gain; and (2) a 50 percent exclusion for gain of individuals from certain small business stock. Part III: Temporary Investment Incentives - Provides for: (1) a temporary expensing increase for small businesses; and (2) a special depreciation allowance for certain equipment acquired in 1992. Subtitle B: Revenue Provisions - Makes the high-income personal exemption phaseout permanent. Disallows the deduction for: (1) certain employee remuneration in excess of $1 million; and (2) club membership dues. Requires specified identifying information with regard to certain seller-provided financing. Extends temporarily the overall limitation on high-income taxpayer itemized deductions. Sets forth a mark-to-market accounting method for securities dealers. Increases the base tax rate on ozone-depleting chemicals. Title IX: National Security Reinvestment - Subtitle A: Advanced Manufacturing Equipment Leasing Corporations - Provides for the establishment of a pilot Advanced Manufacturing Equipment Leasing Corporation which shall: (1) expand the commercial market for advanced manufacturing equipment produced by eligible Department of Defense (DOD) contractors; and (2) provide such equipment through lease or sale to small and medium commercial businesses at less than market rates. Authorizes appropriations. Subtitle B: Science and Mathematics Educational Reinstatement - Directs NSF to establish and administer a fellowship program for teaching certification in science and mathematics for qualifying displaced or retiring military and defense support personnel. Funds the program through DOD. Authorizes appropriations. Subtitle C: National Security Retraining Fellowships - Directs NSF to establish and administer a fellowship program for retraining qualifying displaced or nonretiring military and defense support personnel with specialized defense-related expertise in science or engineering. Funds the program through DOD. Provides for the establishment of a related Engineer Reinvestment Panel. Authorizes appropriations. Subtitle D: Multiprogram Laboratory Conversion - Requires that within five years of enactment of this Act, ten percent of all Federal funding for research and development at (the Department of Energy) multiprogram laboratories shall be used for joint projects with private industry, including specified priority projects. Subtitle E: Research and Development Spending - Expresses the sense of the Congress that: (1) any budget reductions in DOD research and development should be balanced by equal increases in civilian research and development spending; and (2) defense and civilian research and development spending should be made approximately equal as soon as practicable. Subtitle F: Manufacturing Extension and Critical Technologies - Authorizes DOD appropriations for: (1) manufacturing extension programs; and (2) critical technology application centers.

Fundamental Competitiveness Act of 1992

United States · United States Congress · 21 May 1992

Fundamental Competitiveness Act of 1992 - Title I: Public Debt Reduction - Allows individual taxpayers to designate a portion of tax liability (not to exceed ten percent) on their tax returns to reduce the public debt. Establishes the Public Debt Reduction Trust Fund consisting of amounts so designated. Amends the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) to provide for a sequestration of revenues equivalent to the estimated aggregate amount so designated. Specifies accounts exempted from such sequestration and establishes reporting requirements with respect to budget procedures. Title II: Capital Formation - Establishes a method of computing the credit for increasing research activities based on aggregate research expenses, as an alternative to the method based on qualified research expenses. Establishes a variable capital gains deduction whose formulas on a sliding scale range from ten percent for assets held for one year up to 100 percent for assets held for ten years. Allows a deduction of 50 percent of the capital gain from stock investments by non-corporate taxpayers in start-up companies where initial stock offerings are held for two years. Requires indexing, based on the gross national product deflator, of the adjusted basis of certain assets (corporate stock and tangle property that is a capital asset of property used in a trade or business) that have been held for more than one year at the time of sale or other disposition, solely for the purpose of determining gain or loss. Permits an income tax deduction in the amount of dividends paid by domestic corporations, except S corporations, regulated investment companies, real estate investment trusts, and personal holding companies. Repeals the income tax deductions currently permitted in connection with: (1) dividends received by a corporation; (2) dividends received by a corporation on the preferred stock of a public utility; and (3) dividends paid by a public utility on its preferred stock. Increases the deductible percentage of amounts received by a corporation from a qualified ten-percent owned foreign corporation. Allows a charitable deduction for corporate contributions of employee volunteer services to an educational organization. Establishes an investment tax credit for manufacturing and other productive equipment. Provides for determining the applicable percentage of such credit, which includes an efficiency improvement percentage. Increases the limitation based on the amount of tax for purposes of the general business credit. Provides for the treatment of losses on stock in manufacturing companies as ordinary (as opposed to capital) losses. Allows a partial exclusion of dividends or interest received by an individual. Provides for ordinary-loss treatment for losses on investments in a qualified startup company. Describes such company as one which: (1) manufacture tangible personal property in the United States; (2) does not involve a business acquired from another person; and (3) has not been in existence for more than one taxable year at the time it issued stock. Title III: Antitrust - Amends the Clayton Act to bar the acquisition by one corporation of stock of another, subject to specified conditions, where there is a significant probability that such acquisition will substantially increase the ability to exercise market power (currently, where the effect of such acquisition may be to substantially lessen competition or to tend to create a monopoly). Defines the ability to exercise market power for purposes of such provision as the ability of one or more firms profitably to maintain prices above competitive levels for a significant period of time. Directs the court, in determining whether there is a significant probability that any acquisition will substantially increase the ability to exercise market power, to consider all economic factors relevant to the effect of the acquisition in the affected markets, including: (1) the number and size distribution of firms and the effect of the acquisition thereon; (2) the ease or difficulty of entry by foreign or domestic firms; (3) the ability of smaller firms in the market to increase production in response to an attempt to exercise market power; (4) the nature of the product and terms of sale; (5) conduct of firms in the market; (6) efficiencies deriving from the acquisition; and (7) any other evidence indicating whether the acquisition will or will not substantially increase the ability, unilaterally or collectively, to exercise market power. Amends the National Cooperative Research Act of 1984 to include a joint production venture within the scope of such Act as an activity that shall not be deemed illegal per se under the antitrust laws. Changes the short title of such Act to the National Cooperative Research, Development, and Production Act. Title IV: Business Liability - Subtitle A: Findings - Makes findings with respect to the increasing amount of litigation in our society and the desirability of encouraging alternative dispute mechanisms and providing uniform legal standards in the areas of professional and product liability. Subtitle B: Professionals' Liability Reform - Professionals' Liability Reform Act of 1992 - Establishes certain limitations and procedures regarding professional liability actions. Preempts certain State laws. Provides that nothing in this Act shall prohibit any State from developing or implementing alternative procedures for: (1) expediting the adjudication of professional liability claims; (2) resolving professional liability disputes; or (3) compensating for harm caused by professional services. Requires professional liability actions to be brought within three years after the claimant discovered, or should have discovered, the harm. Requires the claimant, in any professional liability action, to establish: (1) that the professional negligently rendered professional services and that such negligence was the proximate cause of the harm; or (2) in a claim for economic injury, that the professional negligently rendered professional services to and for the direct and intended benefit of the claimant, and such services were the proximate cause of the harm. Requires the claimant to establish that, at the time such services were provided, knowledge of the circumstances that caused the harm and a practical means to eliminate such circumstances were reasonably available. States that a professional shall not be liable in a professional liability action in which: (1) the professional's services were rendered to an agency of the Federal or State government; (2) Federal or State contract specifications existed which were material to the claim; and (3) the services rendered conformed to such specifications. Permits future damage awards exceeding $100,000 to be made by periodic payments. Requires that damage awards be offset by any amount received as compensation for the same injury. Establishes a contingency fee schedule for plaintiffs' attorneys. States that the principles of comparative liability shall apply unless persons engaged in concerted action which proximately caused the harm. Permits the awarding of punitive damages only where the conduct of the defendant: (1) manifested a malicious and reckless disregard for safety; and (2) constituted an extreme departure from accepted standards of safety. States that punitive damages may not be awarded in the absence of a compensatory award, or for the negligent provision of professional services. Requires the trier of fact, at the request of the professional, to consider in a separate proceeding whether punitive damages are to be awarded. Limits the claimant's actual recovery of punitive damages to three times the amount of compensatory damages. States that excess punitive damages shall be paid to the State or Federal government. Makes any attorney who files a frivolous claim subject to pecuniary sanctions by the court. Requires each State to encourage professional organizations to form risk management programs. Subtitle C: Product Liability Fairness - Part I: General Provisions - Product Liability Fairness Act - Declares that this Act governs any product liability action brought against a manufacturer or product seller, on any theory, for harm caused by a product. States that a civil action brought against a manufacturer or product seller for loss or damage to a product itself or commercial loss shall be governed by applicable commercial or contract law. Supersedes any inconsistent State law regarding recovery in such actions. Lists specific laws not superseded, including: (1) defense of sovereign immunity asserted by any State or by the United States; (2) any Federal law (except the Federal Employees Compensation Act and the Longshore and Harbor Workers' Compensation Act); (3) the Foreign Sovereign Immunities Act of 1976; (4) State choice-of-law rules; (5) the right of any court to transfer venue or to apply the law of a foreign nation or to dismiss a claim of a foreign nation or citizen on the ground of inconvenient forum; and (6) any statutory or common law cause of action, including an action to abate a nuisance, that authorizes a State or person to institute an action for civil damages or civil penalties, clean up costs, injunctions, restitution, cost recovery, punitive damages, or any other form of relief from contamination or pollution of the environment or the threat of it. Declares that U.S. district courts shall not have jurisdiction over any civil action under this Act, based on specified provisions of Federal law relating to district court jurisdiction. Declares that, if any provision of this Act would shorten the period during which a manufacturer or seller would otherwise be exposed to liability, the claimant may, notwithstanding that period, bring any civil action under this Act within one year after the effective date of this Act. Part II: Out of Court Procedures - Allows any claimant to bring a civil action for damages against a person for harm caused by a product under applicable State law, except to the extent such law is superseded by this title. Sets forth expedited settlement measures, including: (1) an option to include an offer of settlement, for a specific dollar amount, by the plaintiff in the complaint and by the defendant in a responsive pleading; and (2) awarding attorney's fees and costs, in certain circumstances, to the prevailing party if the other party does not accept the settlement offer. Sets forth alternative dispute resolution procedures, including: (1) an option, in lieu of or in addition to a settlement offer, for a claimant or a defendant to offer to proceed under any voluntary alternative dispute resolution procedure established or recognized under the law of the State in which the action is brought or maintained; and (2) awarding of attorney's fees and costs to the offering party if the court determines that a refusal to so proceed was unreasonable or not in good faith. Creates a rebuttable presumption that a refusal to so proceed was unreasonable, or not in good faith, if a verdict is rendered in favor of the offeror. Part III: Court Procedures - Allows a person seeking to recover for harm caused by a product to bring a civil action against the manufacturer or seller under applicable State or Federal law, except to the extent such law is superseded by this Act. Establishes a standard of product seller liability for proximate causes of harm, established by a preponderance of the evidence, which fall under the categories of negligence or express warranty. Allows the trier of fact, in a negligence action, to consider the conduct of the seller with respect to: (1) the construction, inspection, or condition of the product; and (2) failure to pass on warnings or instructions from the manufacturer. Deems the seller not liable for failure to provide warnings or instructions unless the claimant establishes that the seller failed to: (1) provide warnings or instructions received while the product was in the seller's possession and control; or (2) make reasonable efforts to provide users with warnings and instructions which it received after the product left its possession and control. Deems a seller not liable except for breach of warranty where there was no opportunity to inspect the product in a manner which would or should, in the exercise of reasonable care, have revealed the aspect which allegedly caused the harm. Declares that the seller shall be treated as the manufacturer and be liable for harm caused by a product as if it were the manufacturer if: (1) the manufacturer is not subject to service of process in any State in which the action might have been brought; or (2) the court determines that the claimant would be unable to enforce a judgment against the manufacturer. Allows punitive damages, if otherwise permitted by applicable law, to be awarded in any civil action under this title to any claimant who establishes by clear and convincing evidence that the harm suffered was the result of conduct manifesting a manufacturer's or product seller's conscious, flagrant indifference to the safety of those persons who might be harmed by a product. Declares that a failure to exercise reasonable care in choosing among alternative product designs, formulations, instructions, or warnings is not of itself such conduct. Prohibits awarding punitive damages in the absence of a compensatory award, subject to exception. Prohibits punitive damages against a manufacturer or seller of a drug or medical device where: (1) the drug or device was subject to pre-market approval by the Food and Drug Administration (FDA); or (2) the drug is generally recognized as safe and effective under conditions established by the FDA. Prohibits punitive damages against a manufacturer of an aircraft where: (1) the aircraft was subject to pre-market certification by the Federal Aviation Administration (FAA); and (2) the manufacturer complied, after delivery, with FAA requirements and obligations with respect to continuing airworthiness. Provides for separate proceedings, if requested by the manufacturer or seller, with regard to punitive damages. Lists factors the trier of fact is allowed to consider in determining the amount of punitive damages. Bars any civil action under this title: (1) unless filed within two years after the claimant discovered or should have discovered the harm and its cause, subject to exception; and (2) if the product involved is a capital good that is alleged to have caused harm which is not a toxic harm unless filed within twenty-five years after delivery of the product, provided the claimant has received or would be eligible for State or Federal workers' compensation. Excludes a motor vehicle, vessel, aircraft, or railroad used primarily to transport passengers for hire from these time limitations. States that nothing in these provisions affects the right of any person who is subject to liability under this Act to obtain contribution or indemnity from any other person who is responsible for the harm. Requires reduction in the damages awarded by the sum of all State or Federal workers' compensation benefits to which the employee is or would be entitled. Requires a claimant in a civil action under this title who is or may be eligible to receive State or Federal workers' compensation to notify the claimant's employer of the civil action. Requires an action to be stayed, at the sole discretion of the claimant, until a final determination is made on the amount payable as workers' compensation benefits. Declares that, unless the manufacturer or seller has expressly agreed to indemnify or hold an employer harmless, neither the employer nor the workers' compensation insurance carrier shall have a right of subrogation, contribution, or implied indemnity against the manufacturer or seller or a lien against the claimant's recovery, except if the claimant's harm was not in any way caused by the fault of the claimant's employer or co-employees. Allows the employer or workers' compensation insurer to intervene in the action to prove that fact. Prohibits a third party tortfeasor, where workers' compensation is involved, from maintaining any action for implied indemnity or contribution against the employer, any coemployee, or the exclusive representative of the injured person. Prohibits, for a person who is or would have been entitled to receive workers' compensation, any other action, unless a State or Federal workers' compensation law permits recovery based on a claim of an intentional tort. Makes these provisions inapplicable and declares that applicable State law shall control if the employer or the workers' compensation insurer asserts a right of subrogation, contribution, or implied indemnity against the manufacturer or seller or a lien against the claimant's recovery. Declares that, in any product liability action, the liability of each defendant for noneconomic damages shall be several and not joint. Requires the trier of fact to determine the proportion of responsibility of each party for the claimant's harm. Establishes a complete defense, in any civil action under this Act in which all defendants are manufacturers or sellers, that the claimant was under the influence of alcohol or any drug and that, as a result, the claimant was more than 50 percent responsible for the event which resulted in the harm. Defines "drug" to mean any non-over-the-counter drug which has not been prescribed by a physician. Title V: Long-Term Investment - Long-Term Investment Promotion Act of 1992 - Amends the Securities Exchange Act of 1934 to eliminate the requirement that publicly-held corporations report their financial status on a quarterly basis. Title VI: Competitiveness Risk Assessment - Declares that no agency shall propose or promulgate a regulation without first analyzing its direct and indirect effects on the health and safety of consumers and workers, including effects due to wage and job losses, price increases, product restrictions, technological delays, and substitution effects. Title VII: Department of Manufacturing And Commerce - Department of Manufacturing and Commerce Act of 1992 - Renames the Department of Commerce as the Department of Manufacturing and Commerce. Requires the President to establish a Manufacturing Advisory Commission to examine Federal agencies, programs, and offices responsible for manufacturing-related research and development, technology transfer, education, and trade in order to prepare a report for the Congress on the feasibility of consolidating such agencies, programs, and offices into a single Office of Manufacturing within the Department of Manufacturing and Commerce. Title VIII: Amendments to the Stevenson-Wydler Technology Innovation Act of 1980 - Amends the Stevenson-Wydler Technology Innovation Act of 1980 to change from discretionary to mandatory a Federal agency's authority to permit the director of any of its laboratories to enter into cooperative research and development agreements on its behalf. Authorizes each Federal agency to copyright on behalf of the United States any computer software prepared in whole or in part by Government employees involved in cooperative research and development agreements. Includes software royalties in the current distribution format (agency, laboratory, author, and Treasury) under such Act.

Revitalization of Health and Education in Rural America Act of 1992

United States · United States Congress · 21 May 1992

Revitalization of Health and Education in Rural America Act of 1992 - Amends the Food, Agriculture, Conservation, and Trade Act of 1990 to direct the Administrator of the Rural Electrification Administration to establish a program for providing grants to qualified consortia to assist them in obtaining access to modern interactive telecommunications systems through the public switched network. Sets forth: (1) application requirements; (2) review and comment procedures (by a State agency); (3) criteria for selection of grantees (giving priority to applications demonstrating the greatest likelihood of successfully and efficiently carrying out specified activities, the participation of the local telephone exchange carrier in providing and operating the telecommunications transmission facilities required by a State plan for upgrading rural telecommunications infrastructure, and unconditional financial support from the local community, and ensuring (to the extent possible) that various regions of the United States benefit from the use of the grants); and (4) limits on the maximum grant amount and the period of disbursement of grants. Specifies that grants under this Act may be used to support the costs of activities involving the sending and receiving of information to improve health care or educational services in rural areas. Sets limitations with respect to: (1) the use of grant funds for the acquisition of interactive telecommunications equipment; (2) the use of such funds to employ consultants; and (3) the authorization of appropriations. Bars the use of funds under this Act to establish or operate a telecommunications network or telecommuncations service for hire. Amends the Rural Electrification Act of 1936 (REA) to: (1) provide for a reduction in the interest rate on insured telephone loans for borrowers from States with plans for upgrading rural telecommunications infrastructure; and (2) eliminate a preference for rural telephone bank loans for borrowers located in such States. Modifies the definition of "rural area" for purposes of telephone loans to mean specified areas not included within the boundaries of an area having a population in excess of 10,000 (currently, 1,500) inhabitants. Expresses the sense of the Congress that persons eligible for telephone loans under the REA who are interested in upgrading telecommunications in rural areas should obtain financial assistance under such Act through a subsidiary in order to limit the assets subject to the lien requirements of such Act. Directs the Administrator of the Rural Electrification Administration and the Governor of the Rural Telephone Bank to prescribe such regulations as necessary to carry out this Act.

National Youth Apprenticeship Act of 1992

United States · United States Congress · 20 May 1992

National Youth Apprenticeship Act of 1992 - Sets forth Federal, State, and local responsibilities in establishing the means for employers, local education agencies, labor organizations, and other appropriate entities to develop and implement youth apprenticeship programs under the national youth apprenticeship criteria (the criteria) established by this Act. Establishes an interagency committee, composed of the Secretaries of Labor, of Education, and of Commerce, to: (1) establish procedures for submission and review of plans by States; and (2) determine if such plans meet the criteria. Directs the Secretary of Labor (the Secretary) to perform specified functions under this Act in consultation with the committee, including providing for criteria and safeguards compliance determination procedures, monitoring data collection, evaluation, review of fund use, policy guidance, resources and technical assistance, recognition and dissemination of outstanding programs, and research and demonstration activities. Directs the Governor of a participating State to submit to the Secretary a biennial State plan for youth apprenticeship programs which meets specified requirements. Directs the Governor also to designate the appropriate State authority to: (1) develop certain program guidelines for designating local entities and for including long-term employment possibilities; (2) certify that local programs meet the criteria, safeguards, and other appropriate standards; (3) provide technical assistance and other support to local entities and employers; and (4) provide for data collection, monitoring, and program evaluation. Requires local entities to ensure programs meet the criteria, safeguards, and other applicable standards. Requires participating schools to provide for career exploration and academic development to meet program entry and participation requirements. Requires local employers (in collaboration with labor organizations where appropriate) to: (1) employ youth apprentices; (2) assist participating schools in ensuring that curriculum content is relevant to the workplace; (3) take primary responsibility for ensuring success of worksite learning and work experience; and (4) inform local schools of each youth apprentice's performance. Requires local private industry councils to review and approve local youth apprenticeship programs to ensure that such programs: (1) meet local labor market demands; and (2) provide apprentices with broad-based competencies and transferable skills that facilitate career progression within the industries or trades in which the student is trained and employed. Sets forth the national youth apprenticeship criteria for programs, including criteria with respect to: (1) academic instruction; (2) work-based learning; (3) worksite learning and experience; (4) agreement commitment by youth apprentices, parents or guardians, employers (in collaboration with labor organizations where appropriate), and local educational agencies; (5) agreement provisions for educational outcomes and for wages and hours; and (6) information and guidance. Allows local entities to design programs using alternative program components, including specified models for tech-prep education and vocational education, and providing for formal coordination with other tech-prep programs and postsecondary education and training. Requires specified safeguards to apply to youth apprenticeship programs under this Act, including safeguards against: (1) displacement of currently employed workers (or those undergoing temporary layoffs, or those terminated by the employer with the intention of filling the vacancies with the youth apprentices; (2) impairment of existing contracts for services or collective bargaining agreements; (3) an unsafe or unhealthful workplace; (4) discrimination; and (5) conflict of interests by private industry council members. Sets forth the relationship of youth apprenticeship programs under this Act to other laws, including: (1) special lower minimum wages and student-learner requirements under the Fair Labor Standards Act of 1938; and (2) specified programs under the Carl D. Perkins Vocational and Applied Technology Act, the Job Training Partnership Act, and the Elementary and Secondary Education Act of 1965. Directs the Secretary to conduct studies to: (1) evaluate activities under this Act and other appropriate issues; and (2) examine State and local use, in support of this Act, of funds under specified Federal laws and of any other Federal, State, local, or private resources. Directs the Secretary to submit an initial report to the President on the results of such studies within two years after enactment of this Act. Authorizes appropriations.

A bill to authorize certain uses of real property acquired by the Architect of the Capitol for use by the Librarian of Congress and for other purposes.

United States · United States Congress · 20 May 1992

Makes the special facilities center (previously authorized to be acquired by the Architect of the Capitol) available for use by the Librarian of Congress for: (1) external training; (2) general assembly and education programs of the Library; (3) temporary living quarters and common areas for visiting scholars using the Library's collection or participating in its programs; and (4) such other purposes as may be directed by the Librarian, subject to the approval of the Joint Committee on the Library. Authorizes the Librarian of Congress to establish equitable rates and accept payment for the use of the center by visiting scholars and others authorized under this Act. Establishes in the Treasury a special deposit account in the name of the Librarian of Congress for the deposit of such fees and other appropriated amounts.

Program for Greater Stability and Support (PROGRESS) for the Independent States of the Former Soviet Union Act of 1992

United States · United States Congress · 20 May 1992

Program for Greater Stability and Support (PROGRESS) for the Independent States of the Former Soviet Union Act of 1992 - Sets forth policies on the provision of trade benefits and other assistance to the independent states of the former Soviet Union (members of the Commonwealth of Independent States), including prohibitions on assistance to Communist party organizations. Makes an independent state eligible for such assistance only if the President reports to the Congress that the state is taking steps toward: (1) political pluralism; (2) economic reform and a market economy; (3) respect for human rights; and (4) building a friendly relationship with the United States. Declares that the United States, in providing such assistance, should: (1) avoid equating the amount of funds used for assistance with success; (2) encourage and facilitate technical advice on establishing free market economies; and (3) encourage cultural and educational exchanges between U.S. nongovernmental organizations and nongovernmental organizations in the independent states that are committed to democracy and free market economies. States that the President should consider property rights, business regulations, the informal sector, wage and price controls, taxation, trade policy, restrictions on investment and capital flows, the size of the state sector, and the banking sector, in determining whether such assistance should be provided. Declares that the United States should encourage U.S. companies to bid on contracts to improve infrastructure in the independent states and assist companies in applying for such contracts. Amends the Internal Revenue Code to include eligible independent states of the former Soviet Union within the definition of a beneficiary country for purposes of permitting tax deductions for conventions held in such states. Increases the tax exclusion for income earned in the independent states. Encourages the President to: (1) negotiate with the independent states to establish tax sparing treaties; and (2) reduce trade barriers with such states wherever possible. Amends the Foreign Assistance Act of 1961 to provide that Overseas Private Investment Corporation programs shall not be prohibited in the independent states. Directs the program coordinator of U.S. assistance for the independent states to establish a Business Information Center System to serve as a central clearinghouse and data resource service for U.S. businesses and businesses in the independent states by providing information relating to: (1) business conditions in the independent states; (2) legal and regulatory information needed by U.S. companies seeking to do business in such states; (3) investment and trade opportunities for U.S. companies; and (4) voluntary assistance efforts to the independent states. Requires information to be made available to local enterprises in the independent states seeking trade or investment with the United States through trade information centers. Authorizes appropriations. Sets forth a matching requirement for U.S. businesses receiving such funding. Requires the Director of the U.S. Information Agency to establish a Center for Political Education for the Former Soviet Union to provide training and experience for leaders in the independent states with the Congress, in U.S. political campaigns, and with U.S. media and businesses, by awarding Congressional Gift of Democracy Fellowships. Sets forth a matching requirement for nongovernmental organizations chosen to award such fellowships. Limits fellowships to a five-month period. Authorizes appropriations. Directs the Administrator of the Small Business Administration to develop a management training program for business people and government officials from the independent states. Makes Small Business Development Center Program and Senior Corps of Retired Executives funds available to carry out this program. Commends the Peace Corps and the Small Business Administration for developing the Business to Business Program to teach buiness and management skills to the independent states. Directs the Administrator of the Agency for International Development (AID) to establish a task force to review, and recommend revisions to, AID's regulations governing the application process for private voluntary organizations and businesses to receive AID funding for activities relating to the independent states.

National Youth Apprenticeship Act of 1992

United States · United States Congress · 20 May 1992

National Youth Apprenticeship Act of 1992 - Sets forth Federal, State, and local responsibilities in establishing the means for employers, local education agencies, labor organizations, and other appropriate entities to develop and implement youth apprenticeship programs under the national youth apprenticeship criteria (the criteria) established by this Act. Establishes an interagency committee, composed of the Secretaries of Labor, of Education, and of Commerce, to: (1) establish procedures for submission and review of plans by States; and (2) determine if such plans meet the criteria. Directs the Secretary of Labor (the Secretary) to perform specified functions under this Act in consultation with the committee, including providing for criteria and safeguards compliance determination procedures, monitoring data collection, evaluation, review of fund use, policy guidance, resources and technical assistance, recognition and dissemination of outstanding programs, and research and demonstration activities. Directs the Governor of a participating State to submit to the Secretary a biennial State plan for youth apprenticeship programs which meets specified requirements. Directs the Governor also to designate the appropriate State authority to: (1) develop certain program guidelines for designating local entities and for including long-term employment possibilities; (2) certify that local programs meet the criteria, safeguards, and other appropriate standards; (3) provide technical assistance and other support to local entities and employers; and (4) provide for data collection, monitoring, and program evaluation. Requires local entities to ensure programs meet the criteria, safeguards, and other applicable standards. Requires participating schools to provide for career exploration and academic development to meet program entry and participation requirements. Requires local employers (in collaboration with labor organizations where appropriate) to: (1) employ youth apprentices; (2) assist participating schools in ensuring that curriculum content is relevant to the workplace; (3) take primary responsibility for ensuring success of worksite learning and work experience; and (4) inform local schools of each youth apprentice's performance. Requires local private industry councils to review and approve local youth apprenticeship programs to ensure that such programs: (1) meet local labor market demands; and (2) provide apprentices with broad-based competencies and transferable skills that facilitate career progression within the industries or trades in which the student is trained and employed. Sets forth the national youth apprenticeship criteria for programs, including criteria with respect to: (1) academic instruction; (2) work-based learning; (3) worksite learning and experience; (4) agreement commitment by youth apprentices, parents or guardians, employers (in collaboration with labor organizations where appropriate), and local educational agencies; (5) agreement provisions for educational outcomes and for wages and hours; and (6) information and guidance. Allows local entities to design programs using alternative program components, including specified models for tech-prep education and vocational education, and providing for formal coordination with other tech-prep programs and postsecondary education and training. Requires specified safeguards to apply to youth apprenticeship programs under this Act, including safeguards against: (1) displacement of currently employed workers (or those undergoing temporary layoffs, or those terminated by the employer with the intention of filling the vacancies with the youth apprentices; (2) impairment of existing contracts for services or collective bargaining agreements; (3) an unsafe or unhealthful workplace; (4) discrimination; and (5) conflict of interests by private industry council members. Sets forth the relationship of youth apprenticeship programs under this Act to other laws, including: (1) special lower minimum wages and student-learner requirements under the Fair Labor Standards Act of 1938; and (2) specified programs under the Carl D. Perkins Vocational and Applied Technology Act, the Job Training Partnership Act, and the Elementary and Secondary Education Act of 1965. Directs the Secretary to conduct studies to: (1) evaluate activities under this Act and other appropriate issues; and (2) examine State and local use, in support of this Act, of funds under specified Federal laws and of any other Federal, State, local, or private resources. Directs the Secretary to submit an initial report to the President on the results of such studies within two years after enactment of this Act. Authorizes appropriations.

A bill to establish a national research program to improve the production and marketing of sweetpotatoes and increase the consumption and use of sweetpotatoes by domestic and foreign consumers.

United States · United States Congress · 19 May 1992

Authorizes the Secretary of Agriculture, through the Agricultural Research Service, to make sweet potato research grants to land-grant colleges and universities. Authorizes appropriations.

Veterans Preventive Health Act of 1992

United States · United States Congress · 19 May 1992

Veterans Preventive Health Act of 1992 - Changes the definition of "preventive health care services" furnished by the Department of Veterans Affairs to include: (1) screening for high blood pressure, glaucoma, high cholesterol, and colorectal and gender-specific cancers; and (2) patient health education in stress management, physical fitness, and stopping smoking. Repeals provisions of Federal law with respect to a preventive health-care service pilot program. Requires the Chief Medical Director (CMD) to establish and operate a National Center for Preventive Health in the Veterans Health Administration (VHA). Designates the Director of Preventive Health as the head of the Center. Requires the Center to: (1) provide a central office for monitoring and encouraging the activities of VHA with respect to the provision, evaluation, and improvement of preventive health services; and (2) promote the expansion and improvement of clinical, research, and educational activities of VHA with respect to such services. Requires the Center to report annually on the programs, activities, and findings of the Department on preventive health services to health-care professionals and organizations that have an interest in the provisions of such services. Authorizes appropriations for the Center. Directs the Secretary to establish a Preventive Health Services Advisory Committee to: (1) advise and make recommendations to the Secretary on means of enhancing and continuing preventive health services by the Department; and (2) identify appropriate preventive health services for particular groups of veterans and areas of inquiry regarding such services that are suitable for additional research by the Department. Requires the Secretary to report annually to specified congressional committees on: (1) a description of the programs and activities of the Department with respect to preventive health services during the preceding 12-month period; (2) a specific description of research activities on preventive health services carried out during that period using employees and various support services of the Department; (3) the work and recommendations of the Advisory Committee and a description of any activities of the Department to carry out such recommendations; and (4) expenditures of the Center.

Youth Skills Training and Education Partnerships Act

United States · United States Congress · 19 May 1992

Youth Skills Training and Education Partnerships Act - Title I: Standards of Excellence in Workforce Training - Amends the Wagner-Peyser Act to add a title II, Workforce Training, including: (1) subtitle A, Professional and Technical Standards for Workforce Training, to establish a voluntary system of occupational certification; and (2) subtitle B, Youth Skills Training and Education Programs, to encourage the formation of youth skills training and education partnerships by allowing certain business contributions to such programs to qualify for specified tax exemptions and augmented deductions. (Provides that the current provisions of the Wagner-Peyser Act shall be under a title I, Federal Employment Service.) Establishes a National Board for Professional and Technical Standards (the National Board). Directs the National Board to establish advisory committees for each major industry and for major occupations that involve more than one industry. Requires the National Board to: (1) by December 1, 1993, identify at least 30 industrial or occupational categories and develop proficiency standards, curricula, and assessments for such industries or occupations; and (2) develop a program to ensure that proficiency standards, curricula, and assessments for all remaining identified industrial or occupational categories are completed by January 1, 1997. Requires that such proficiency standards be applied so that their attainment is likely to meet requirements for transferable credit and enable students to continue their education and training. Requires that such proficiency standards, curricula, and assessments for an industry or occupation be made available for voluntary use by postsecondary education institutions offering professional and technical education, labor organizations, trade and technical associations, employers and labor-management organizations providing formalized training, and other organizations. Authorizes appropriations for the National Board's activities. Sets forth requirements under which youth skills training and education programs, as defined under the Wagner-Peyser Act provisions added by this Act, shall qualify for purposes of specified tax exemptions and deductions for business contributions under the Internal Revenue Code. Requires such a program to: (1) give students in grades 11 and 12 the opportunity to voluntarily enter into such programs that integrate academic and workplace instruction leading to a high school diploma and qualifying the student for further education or an advanced technical or professional training program; (2) provide each student, upon program completion, with assistance in seeking post-program employment and further education and training in the student's program field; and (3) be certified by a State or local educational agency as meeting its educational standards; and (4) be certified by a State agency for occupational training as meeting specified requirements relating to training standards, school coordinator, written training agreement, review and evaluation, labor standards, nondiscrimination, nondisplacement, nonduplication, and qualified use of contributions. Title II: Youth Skills Training and Education Partnerships - Amends the Internal Revenue Code to provide for: (1) a tax exemption for youth skills training and education partnerships (which meet program qualifications under the Wagner-Peyser Act); and (2) an augmented deduction for contributions by businesses to such partnerships. Title III: Study - Directs the Secretaries of Labor, of Education, and of the Treasury, or their delegates, to jointly study the effects of the amendments made by this Act and report results and recommendations to specified congressional committees.

Veterans' Educational Assistance Improvements Act of 1992

United States · United States Congress · 19 May 1992

Veterans' Educational Assistance Improvements Act of 1992 - Amends Federal provisions with respect to a temporary program for trial work periods and vocational rehabilitation for certain veterans with total disability ratings to: (1) reduce from 12 to six months the work period of a totally disabled veteran engaged in a work program during which the total disability rating will not be reduced due to such employment; and (2) make such trial work program permanent (currently ends January 31, 1992). Revises provisions concerning a temporary program of vocational training for veterans under age 45 who are awarded a veteran's pension to: (1) delete the current January 31, 1992, termination date of such program; (2) make voluntary between the veteran and the Secretary of Veterans Affairs (currently, required) an evaluation as to whether such veteran could reasonably achieve a vocational goal; (3) make unnecessary (currently, required) a personal interview by a Department of Veterans Affairs counselor as part of such evaluation when such interview is not practical or necessary for the goal-achievement determination; and (4) protect for three years such veteran's health-care eligibility without regard to when the veteran's entitlement to pension is terminated due to income from work or training. Authorizes the Secretary, during the three-year period beginning on October 1, 1992, to conduct a pilot program for using any public or private entity or employer to provide on-job training as part of a veteran's vocational rehabilitation program. Requires on-site monitoring of such training to insure that it is in the best interest of the veteran and the Federal Government. Prohibits the Secretary from approving or entering into a contract, agreement, or cooperative arrangement for such an on-job training program which commences after the later of: (1) September 30, 1995; or (2) if a written vocational rehabilitation plan for such training is executed before such date, within a reasonable period of time, not to exceed six months, after the execution of such plan. Amends the Montgomery GI Bill educational assistance program to provide that active duty service shall not be considered broken, for purposes of educational assistance entitlement, by any period during which an individual is assigned by the armed forces to a civilian institution full time for a course of education which is substantially the same as established courses offered to civilians. Entitles to educational assistance under the Montgomery GI Bill program an individual who originally made an election not to participate in the program but who, before completing his or her obligated period of service, is discharged or released due to a physical or mental condition not characterized as a disability but which did not result from the individual's willful misconduct and did interfere with the performance of duty.

Rehabilitation Act Amendments of 1992

United States · United States Congress · 19 May 1992

Rehabilitation Act Amendments of 1992 - Amends the Rehabilitation Act of 1973 (the Act) to extend the authorization of appropriations and revise various provisions for vocational rehabilitation services for individuals with disabilities. Title I: Terminology - Revises terminology under the Act. Changes "individuals with handicaps" to "individuals with a vocational disability." Changes "the blind" (or "the deaf") to "persons who are blind (or deaf)." Changes references to "rehabilitation engineering services" to "assistive technology devices and services," (and defines such term). Refers to the Architectural and Transportation Barriers Compliance Board as the Access Board. Title II: Program Amendments - Decreases the Federal share of program costs under the basic State vocational rehabilitation grant. Includes, under State plan requirements, specific plans for coordination with educational agencies in the provision of transition services specified in the individual education programs of students with disabilities. Includes services to students to assist in the transition from school to employment among authorized vocational and other training services. Makes discretionary (rather than mandatory) the program of demonstration grants for model statewide transitional planning services. Requires, as part of client participation in the development of the individualized written rehabilitation program (IWRP), that each IWRP include the views of the individual with a vocational disability, or, if appropriate, such individual's parents or guardians, along with documentation of the individual's involvement in selecting a vocational objective and the services to be provided to attain that objective. Requires development and implementation of evaluation standards and performance indicators for the vocational rehabilitation program under title I of the Act, in accordance with specified procedures. Requires annual State reports to the Commissioner of the Rehabilitation Services Administration (the Commissioner) on the extent of State compliance with such standards and indicators. Directs the Commissioner and any State whose performance is below established standards to jointly develop a program improvement plan. Directs the Commissioner biannually to review such State's program improvement efforts, request further revisions where necessary, and continue such review until satisfactory performance is sustained for more than one year. Requires reductions or terminations of payments to any State failing to enter into or comply with a necessary performance improvement plan. Directs the Commissioner in the annual report to the Congress, an analysis of program performance, with relative State performance, based on such standards and indicators. Revises provisions relating to State allotments and State maintenance of efforts. Adds client assistance information requirements. Requires all programs, projects, and facilities that provide services to individuals under the Act to advise such individuals or their guardians or legal representatives of the availability and purposes of the client assistance program, including information on how to seek assistance under it. Revises provisions for supported employment. Revises an assessment of an individual's potential for supported employment to determine whether it may be reasonably expected that the individual can benefit in terms of employability. Requires that provision of certain authorized on-going support services by a designated State unit be limited in duration to a period of time prescribed by the Commissioner. Requires that extended on-going support be provided by other State agencies and private organizations or any other available source. Repeals outdated provisions relating to a study of the needs of American Indians with disabilities. Revises provisions relating to use of funds under title II (Research and Training) of the Act by the Director of the National Institute on Disability and Rehabilitation Research. Revises provisions for discretionary grants for Rehabilitation Technology (currently Engineering) Research Centers and for Rehabilitation Research and Training Centers. Requires that both such types of centers be operated in affiliation with institutions of higher education. Requires any project or demonstration assisted by a discretionary grant for spinal cord injury research to: (1) establish on an appropriate regional basis, multidisciplinary system of providing vocational and other rehabilitation services specifically designed to meet the special needs of individuals with spinal cord injuries, including acute care as well as periodic inpatient and outpatient followup and services; and (2) demonstrate and evaluate benefits and costs of such system, improved methods and equipment essential for individuals, and methods of community outreach for such individuals and community education in connection with their problems. Revises service work requirements for recipients of personnel training scholarships. Adds provisions for discretionary grants by the Commissioner for demonstration projects to increase client choice in the rehabilitation process, including the choice of providers of vocational rehabilitation services, under title III (Special Federal Responsibilities) of the Act. Revises provisions for special recreational programs. Includes vocational skills development under authorized activities of such programs. Sets a maximum grant period of three years. Requires grant applicants to describe how they will continue the service program after Federal assistance ends. Sets forth requirements for maintenance of service levels during the three-year project period. Sets the Federal share at 80, 60, and 40 percent, respectively, during the first, second, and third year. Includes the Department of Commerce among the agencies represented on the Architectural and Transportation Barriers Compliance Board, and increases the number of Board members by one. Revises Board terms of office, functions, investigations, interagency arrangements, reports, and acceptance of gifts. Revises electronic and information technology accessibility guidelines. Revises provisions for Projects With Industry Program grants, under title VI (Employment Opportunities for Individuals with Disabilities) of the Act. Revises title VII of the Act, Comprehensive Services for Independent Living. Establishes a State Independent Living Council in each State receiving title VII assistance. Requires recipients of title VII grant programs assistance to provide for: (1) individual written independent living rehabilitation plans for each individual with a severe disability eligible for title VII independent living services; (2) due process protection providing opportunity for review of determinations made concerning the provision or denial of title VII services; and (3) affirmative action employment of individuals with a severe disability by State rehabilitation agencies and facilities and under Federal contracts and subcontracts. Gives priority of services under title VII to individuals not served by other provisions of the Act. Extends the authorization of appropriations for various programs under the Act. Title III: Amendments to the Helen Keller National Center Act - Amends the Helen Keller National Center and to extend its authorization of appropriations. Provides for training family members of individuals who are deaf-blind, at the Center or elsewhere, to assist them to provide and obtain appropriate services for the individual. Includes under the definition of an individual who is deaf-blind one who is determined to be so through functional and performance assessment, even if no accurate measure of hearing and vision loss can be obtained due to cognitive or behavioral constraints. Title IV: Amendments to the Individuals with Disabilities Education Act - Amends the Individuals with Disabilities Education Act to authorize the Secretary of Education, in making specified grants, to provide for training or retraining of regular education teachers who instruct individuals who are deaf, but are not certified as teachers of such individuals, in order to meet the communication needs of such individuals. Title V: Amendments to the Technology - Related Assistance for Individuals with Disabilities Act of 1988 - Amends the Technology-Related Assistance for Individuals with Disabilities Act of 1988 to make certain changes in language with respect to public or private agencies and organizations, including institutions of higher education. Title VI: Other Amendments - Amends the Rehabilitation Act of 1973 (the Act) with respect to provisions relating to employment under Federal contracts. Provides that standards applied under title I of the Act and employment provisions of title V of the Americans with Disabilities Act (ADA) shall be the same as those applied to complaints alleging non-affirmative action employment discrimination which would also be actionable under title I of ADA. Provides that, for employment under Federal contracts, homosexuality and bisexuality are not impairments and therefore are not disabilities, and the term disability does not include: (1) various sexual behavior disorders; (2) compulsive gambling, kleptomania, or pyromania; or (3) psychoactive substance use disorders resulting from current illegal use of drugs. Applies various provisions for nondiscrimination against and employment of individuals with disabilities to the Congress, White House Office, and Office of the Vice President. Provides for parity of rights and remedies. Title VII: Effective Date - Sets forth the effective date of this Act.

Designating September 10, 1992, as "National D.A.R.E. Day".

United States · United States Congress · 19 May 1992

Designates September 10, 1992, as National DARE (Drug Abuse Resistance Education) Day.

Incentive Grants for Local Delinquency Prevention Programs Act

United States · United States Congress · 18 May 1992

Juvenile Justice and Delinquency Prevention Amendments of 1992 - Title I: Amendments to the Juvenile Justice and Delinquency Prevention Act of 1974 - Amends the Juvenile Justice and Delinquency Prevention Act of 1974 (JJDPA) to include within the policy enunciated under such Act to: (1) encourage parental involvement in treatment and alternative disposition programs; and (2) provide for coordination of services between State, local, and community-based agencies, and promote interagency cooperation in providing such services. Revises the definition of "valid court order" to mean a court order given by a juvenile court judge to a juvenile: (1) who was brought before the court and made subject to such order (as under current law); (2) who received, before the issuance of such order, the full due process rights guaranteed to such juvenile by the Constitution; and (3) with respect to whom an appropriate public agency (other than a court or law enforcement agency), before the issuance of such order, reviewed the behavior of the juvenile and circumstances under which the juvenile was brought before the court and made subject to such order, determined the reasons for such behavior, determined that all dispositions (including treatment), other than placement in a secure detention or correctional facility had been exhausted or were clearly inappropriate, and submitted to the court a written report stating the results of the review and the determinations made. Specifies that there shall be a direct reporting relationship between the Administrator of the Office of Juvenile Justice and Delinquency Prevention and the Attorney General, that the Administrator shall be directly responsible to the Attorney General, and that the Attorney General may not delegate specified powers, duties, or functions. (Under current law, the Administrator reports to the Attorney General through the Assistant Attorney General who heads the Office of Justice Programs under the Omnibus Crime Control and Safe Streets Act of 1968.) Directs the Administrator to develop objectives, priorities, and a long-term plan, and implement overall policy and a strategy to carry out such plan (currently, to implement overall policy and develop objectives and priorities). Specifies that such plan shall: (1) contain specific goals and criteria for making grants and contracts, conducting research, and carrying out other activities under such Act; and (2) provide for coordinating the administration of programs and activities under such Act with the administration of all other Federal juvenile delinquency programs and activities. Requires the Administrator to review such plan annually, revise it as appropriate, and publish it in the Federal Register. Repeals certain provisions with respect to: (1) the transfer of funds to other agencies; and (2) grants and contracts to other agencies, institutions, and individuals. Revises provisions with respect to the composition, functions, and administration of the Coordinating Council on Juvenile Justice and Delinquency Prevention. Provides for the appointment of specified numbers of members appointed from among individuals who are practitioners in the field of juvenile justice who are not officers or employees of the United States, from members selected by the Congress, and from members appointed by the President. Directs the Council to examine how the separate programs can be coordinated among Federal, State, and local governments to better serve at-risk children and juveniles. Specifies that, in addition to performing their functions as members of the Council, members shall collectively: (1) make recommendations regarding the development of the objectives, priorities, and long-term plan, and the implementation of overall policy and strategy to carry out such plan; and (2) submit recommendations to the Administrator and the chairmen of specified congressional committees. Requires the Administrator's annual report to include a summary and analysis of: (1) the types of facilities used to hold juveniles treated as adults for purposes of prosecution; and (2) the educational status of juveniles. Makes a portion of any State allotment under such Act available to pay for one full-time staff position. Revises State plan requirements to provide for: (1) representation by recreation departments on the advisory group appointed by the chief executive of the State; (2) an assessment of educational needs as part of the analysis of juvenile justice and delinquency prevention needs; (3) coordination and maximum utilization of existing juvenile-related recreation programs within the State; (4) home-based alternative services; (5) community-based programs and services designed to work with juveniles during their incarceration, and with their families, to ensure the safe return of such juveniles to their homes and to strengthen the family unit; (6) enhanced coordination with the local schools such juveniles would otherwise attend to ensure that the instruction such juveniles receive outside, is closely aligned with the instruction provided in, such schools, and that information regarding any learning problems identified in such alternative learning situations are communicated to such schools; (7) juvenile initiated programs and outreach programs to assist juveniles with limited English-speaking ability; (8) special emphasis on involving parents with limited English-speaking ability; (9) programs relating to juveniles who have educational problems; (10) programs (including referral to literacy and social service programs) to assist families with limited English-speaking ability that include delinquent juveniles to overcome language and cultural barriers that may prevent the complete treatment of such juveniles and the preservation of the family unit; (11) programs designed to prevent and reduce hate crimes committed by juveniles; (12) a prohibition on detention or confinement in institutions in which juveniles alleged or found to be delinquent have contact (currently, regular contact) with adult convicts or with adults awaiting trial on criminal charges, or with the security staff or direct-care staff of a jail or lockup for adults; (13) elimination of an exception to the requirement that no juvenile be detained or confined in any jail or lockup for adults; (14) family counseling during the incarceration of juvenile family members and coordination of family services when appropriate and feasible; and (15) an assurance that any specified excess funds received by the State shall be expended through or for programs that are part of a comprehensive and coordinated community system of services. Directs that such State plans contain an analysis of services available, and a plan for providing needed services, with respect to: (1) gender-specific services for the prevention and treatment of juvenile delinquency; (2) services for the prevention and treatment of juvenile delinquency in rural areas; and (3) mental health services available to juveniles in the juvenile justice system (including an assessment of the appropriateness of the particular placements of juveniles in order to receive such services) and of barriers to access to such services. Revises provisions with respect to the approval of State plans and the lack of a State plan. Provides for a reduction or termination of funds for noncompliance, subject to specified limitations. Specifies that the National Institute for Juvenile Justice and Delinquency Prevention (the Institute) shall serve as a clearinghouse for information regarding juvenile delinquency, including State and local juvenile delinquency prevention and treatment programs (as under current law), and including drug and alcohol programs and gender-specific programs. Authorizes the Administrator to: (1) support research related to achieving a better understanding of the commission, and designed to identify educational programs best suited to prevent and reduce the incidence, of hate crimes by juveniles; and (2) develop, conduct, and provide training programs for persons working with juveniles and their families (as under current law), including juveniles who commit hate crimes. Requires the Administrator to include within the Institute's training program methods and techniques specifically designed to prevent and reduce such incidence. Directs the Administrator to conduct a study of the incidence of violence committed by or against juveniles in urban areas of the United States. Sets forth study objectives, including: (1) identifying characteristics and patterns of behavior of juveniles who are at risk of becoming violent or victims of homicide, factors particularly indigenous to such areas that contribute to violence committed by or against juveniles, and existing and new diversion, prevention, and control programs to ameliorate conditions causing any increase in such violence; (2) determining the accessibility and use of firearms, and the conditions that cause any increase in violence committed, by or against juveniles; (3) using data available from Federal and State law enforcement agencies to make specified assessments with respect to hate crimes; (4) improving current systems to prevent and control violence by or against juveniles; and (5) developing a plan to assist State and local governments to establish viable ways to reduce homicide committed by or against juveniles. Sets forth reporting requirements. Directs the Administrator, in making grants and contracts under Special Emphasis Prevention and Treatment Programs, to include: (1) home-based treatment programs in establishing or maintaining community-based alternatives to traditional forms of institutionalization of juvenile offenders; (2) self-help programs for parents in developing or supporting model programs to strengthen and maintain the family unit; (3) programs that work with families during the incarceration of juvenile family members and which take into consideration the special needs of families with limited English-speaking ability; (4) targeting juveniles who have had, or are likely to have, contact with the juvenile justice system in disseminating information regarding model, innovative, law-related education programs; and (5) establishing or supporting programs designed to prevent and reduce the incidence of hate crimes committed by juveniles, including model educational programs (designed to reduce such incidence by means such as addressing the specific prejudicial attitude of each offender, developing an awareness in such offender of the effect of the hate crime on the victim, and educating such offender about the importance of tolerance in our society) and sentencing programs (designed specifically for juveniles who commit hate crimes and that provide alternatives to incarceration). Authorizes the Administrator, in making such grants and contracts, to assist in identifying learning disabilities in developing and implementing model programs and methods to keep students in elementary and secondary schools, and in encouraging new approaches with respect to prevention of school violence and vandalism. Bars the Administrator from making any such grant or contract to the Department of Justice (DOJ) or to any administrative unit or other entity that is part of DOJ. Modifies provisions regarding the competitive process (and related reporting requirements) in approving applications for such grants or contracts. Specifies that such process shall not apply to programs to be carried out in areas with respect to which the President declares (under the Robert T. Stafford Disaster Relief and Emergency Assistance Act) that a major disaster or emergency exists. Revises provisions with respect to prevention and treatment programs relating to juvenile gangs and drug abuse and trafficking. Directs the Administrator to make grants to or enter into contracts with public agencies (including local educational agencies) and private nonprofit agencies, organizations, and institutions to establish and support programs and activities that involve families and communities that are designed to carry out specified purposes, including to: (1) prevent and reduce the participation of juveniles in the activities of gangs that commit crimes (which may include individual, peer, family, and group counseling, education and social services designed to address the social and developmental needs of juveniles, the organization of neighborhood and community groups, and training and assistance to adults who have significant relationships with juveniles who are or may become members of gangs, in providing constructive alternatives to participating in gang activities); (2) promote and support the development of policies and activities in public elementary and secondary schools which will assist such schools in maintaining a safe environment conducive to learning; (3) assist juveniles who are or may become gang members to obtain appropriate educational instruction, in or outside a regular school program, including the provision of counseling and other services; (4) expand the availability of prevention and treatment services relating to the illegal use of controlled substances and controlled substance analogues by juveniles; (5) provide services to prevent juveniles from coming into contact with the juvenile justice system again as a result of gang-related activity; and (6) support activities to inform juveniles of the availability of treatment and services for which financial assistance is available. Authorizes the Administrator to make grants and enter into contracts with public agencies and private nonprofit agencies, organizations, and institutions to: (1) conduct research on issues related to juvenile gangs; (2) evaluate the effectiveness of programs and activities funded under these provisions; and (3) increase the knowledge of the public by disseminating information on research and on effective programs and activities. Sets forth application requirements, including that applications: (1) provide an assurance that the proposed program or activity will supplement, not supplant, similar programs and activities already available in the community; (2) describe how such program or activity is coordinated with other specified programs, activities, and services available locally; and (3) certify that the applicant has requested the State planning agency (currently, any designated local agency) to review and comment on such application, and summarize the responses of such State planning agency to the request). Directs the Administrator, in reviewing applications, to give priority to specified applications, including those: (1) submitted by, or substantially involving, local educational agencies; and (2) for assistance for programs and activities that are broadly supported by public and private nonprofit agencies, organizations, and institutions in the geographical area in which the applicants propose to carry out the programs and activities, and that will substantially involve the families of juvenile gang members in carrying out such programs or activities. Sets forth new provisions with respect to community-based gang intervention. Directs the Administrator to make grants to, or enter into contracts with, public and private nonprofit agencies, organizations, and institutions to carry out programs and activities to: (1) reduce the participation of juveniles in illegal gang activities; (2) develop regional task forces involving State, local, and community-based organizations to coordinate enforcement, intervention, and treatment efforts for juvenile gang members and to curtail interstate gang activities; and (3) facilitate coordination and cooperation among local education, juvenile justice, employment, and social service agencies, and community-based programs with a proven record of effectively providing intervention services to juvenile gang members for the purpose of reducing the participation of juveniles in illegal gang activities. Authorizes appropriations. Title II: Amendments to the Runaway and Homeless Youth Act - Amends the Runaway and Homeless Youth Act (RHYA) to direct the Secretary of Health and Human Services to make grants to provide services to deal with the immediate needs of homeless youth and their families (as under current law) in a manner which is outside the law enforcement, child welfare, mental health, and juvenile justice systems (current law specifies outside the law enforcement structure and juvenile justice system). Increases the allotment of grant funds. Amends the JJDPA to: (1) delete a provision authorizing the Secretary to provide on-the-job training to local runaway and homeless youth center personnel and coordinated networks of local law enforcement, social service, and welfare personnel to assist such personnel in recognizing and providing for learning disabled and other handicapped juveniles; and (2) authorize the Secretary, subject to specified appropriations-related limitations, to make grants to establish and operate street-based service projects for runaway, homeless, and street youth, and home-based service projects for families that are separated (or at risk of separation) as a result of the physical absence of a runaway youth or youth at risk of family separation. Amends the RHYA to provide that, to be eligible for assistance under the Runaway and Homeless Youth Grant Program, an applicant shall propose to establish, strengthen, or fund specified centers and services and a locally controlled facility providing temporary shelter (as under current law), including a family host home. Specifies that, to qualify for such assistance, the applicant shall submit a plan to the Secretary including assurances that such applicant shall: (1) use such assistance with respect to a facility that has a maximum capacity of not more than 25 youths (currently, not more than 25 children); (2) develop an adequate plan for assuring proper relations with law enforcement, social service, school system, and welfare personnel (as under current law), and health care personnel, as well as coordination with personnel of the schools to which runaway and homeless youth will return, to assist such youth to stay current with the curricula of such schools; (3) develop an adequate plan for providing counseling and aftercare services to such youth, and for encouraging the involvement of their parents or legal guardians in counseling (current law specifies aftercare counseling involving such youth and their families within the State in which the runaway and homeless youth center is located); (4) keep adequate statistical records profiling the children and parents which it serves, except that records maintained on individual youth shall not be disclosed without consent of the individual youth and family members (as under current law) whom it serves, including youth who are not referred to out-of-home shelter services; and (5) develop an adequate plan for establishing outreach programs designed to attract individuals (including minorities and those with limited English-speaking ability) who are eligible to receive services for which a grant may be expended. Amends the JJDPA to provide that, to be eligible for street-based services assistance, an applicant shall propose to establish, strengthen, or fund a street-based service project for runaway and homeless youth and street youth, and shall submit to the Secretary a plan in which such applicant agrees, as part of such project: (1) to provide qualified supervision of staff, backup personnel for on-street staff, informational and health educational material to runaway and homeless youth and street youth in need of services, and initial and periodic training of staff who provide services under such project; (2) to carry out outreach activities for, and collect statistical information on, such youth; (3) to develop referral relationships with agencies and organizations that provide services or assistance to such youth; (4) to submit to the Secretary an annual report, an annual budget, and such other information as the Secretary may reasonably require; (5) to implement such accounting procedures and fiscal control devices as the Secretary may require; (6) to keep adequate statistical records that profile such youth whom it serves and not disclose their identity in reports or other documents based on such records; and (7) not to disclose records maintained on individual youth without their consent to anyone other than an agency compiling statistical records. Requires an applicant, to be eligible for home-based services assistance, to propose to establish, strengthen, or fund a home-based service project for runaway youth or youth at risk of family separation and submit to the Secretary a plan in which the applicant agrees, as part of such project: (1) to provide counseling and information services needed by runaway youth, youth at risk of family separation, and the family (including unrelated individuals in the family household) of such youth, 24-hour service to respond to family crises (including immediate access to temporary shelter for such youth affected by family crises), informational and health educational material to such youth in need of services, and initial and periodic training of staff who provide services under such project; (2) to establish in partnership with the families of such youth objectives and measures of success to be achieved as a result of participating in such project; (3) to carry out outreach activities for, and collect statistical information on, such youth; (4) to ensure that caseloads remain sufficiently low to allow for intensive involvement with each family participating in, and that qualified supervision will be provided to staff who provide services under, such project; (5) to submit to the Secretary an annual report, an annual budget, and such other information as the Secretary may reasonably require; (6) to implement such accounting procedures and fiscal control devices as the Secretary may require; (7) to keep adequate statistical records that profile such youth whom it serves and not disclose the identity of such youth in reports or other documents based on such records; and (8) not to disclose records maintained on individual youth without their consent to anyone other than an agency compiling statistical records. Makes conforming amendments with respect to grants to private entities and approval by the Secretary of specified grant funds. Gives priority to grants smaller than $200,000 (currently, $150,000). Provides that, to be eligible for assistance under the Transitional Living Grant Program, an applicant must agree not to disclose records maintained on individual homeless youth without the consent of such individual (current law also requires consent of a parent or legal guardian) to anyone other than an agency compiling statistical records or a government agency involved in the disposition of criminal charges against youth. Directs the Secretary to include in its annual report to the Congress a summary of the results of Federal evaluation of the programs, projects, and activities carried out under the RHYA, and a description of the training provided to the individuals who carry out such evaluation. Specifies that, as part of such evaluation, the Secretary shall require such individuals to visit each grantee on-site not less frequently than at three-year intervals. Authorizes appropriations for the Runaway and Homeless Youth Grant Program and the Transitional Living Grant Program. Directs the Secretary to: (1) give priority to grant applicants (with respect to grants, as provided for under current law, for a national communication system to assist runaway and homeless youth in communicating with their families and with service providers) that have experience in providing telephone services to such youth; (2) coordinate the activities of agencies of the Department of Health and Human Services with those of other Federal and eligible non-Federal entities (currently, with respect to matters relating to communicable diseases); and (3) make grants to statewide and regional nonprofit organizations to provide technical assistance and training to eligible public and private entities (as under current law) for the purpose of carrying out the programs, projects, or activities for which such grants are made pursuant to this Act. Sets forth additional criteria for the Secretary to use in selecting applicants with respect to grants (provided for under current law) to States, localities, and private entities to carry out research, demonstration, and service projects designed to increase knowledge concerning, and to improve services for, runaway and homeless youth. Title III: Amendment to the Missing Children's Assistance Act - Amends the Missing Children's Assistance Act to authorize appropriations. Title IV: General Provisions - Sets forth effective dates of this Act.

Veterans Health-Care Amendments of 1992

United States · United States Congress · 18 May 1992

Veterans Health-Care Amendments of 1992 - Extends permanently (currently expires September 30, 1992) the authority of the Secretary of Veterans Affairs to furnish respite care to veterans eligible for hospital, nursing home, and domiciliary care. Extends through: (1) FY 1996 the authorization of appropriations for the construction of State home facilities; and (2) FY 1994 the Department of Veterans Affairs Health Professional Scholarship Program. Expands the list of matters which may not be considered by the Secretary as a basis for the denial or discontinuance of a rating of total disability for purposes of compensation or pension received by a veteran and based on such veteran's inability to secure or follow substantially gainful employment to include a veteran's participation in activities, or receipt of a distribution of funds, related to therapeutic and rehabilitative services and programs. Includes a veteran's eligible survivor or dependent as a person for whom the United States has the right to recover from a third party (the person's insurer) the cost of care provided to such person by the Department that otherwise would have been provided or paid by the third party. Provides that, in the case of a health-plan contract that is a Medicare supplemental insurance policy: (1) Department facilities and personnel shall be deemed to be Medicare-participating providers; (2) medical services covered by such policy and furnished by the Department shall be deemed to be Medicare-covered services; and (3) the person to whom the services were provided shall be deemed to have a legal obligation to the United States to pay for the services. Allows funds recovered for the furnishing of such sevices to be used for the procurement of needed medical equipment for Department medical facilities, earmarking 20 percent of such procurement directly to the medical facilities that provided such care. Provides a September 30, 1996, delimiting date for the recovery of the cost of furnishing general care and services from veterans and eligible beneficiaries and a September 30, 1993, delimiting date for the recovery of cost of services provided under the medical suplemental insurance policy. Directs the Assistant Chief Medical Director of the Department in charge of geriatrics to estabish a panel to assess the scientific and clinical merit of proposals submitted to the Secretary for the establishment of new geriatric research, education, and clinical centers in the United States. Provides a new Assistant Director grade in the nurse pay grade schedule in the Department. Authorizes the Secretary to increase up to a specified limit the rate of basic pay for a nurse serving in a chief nurse position at a Department facility. Authorizes the Secretary to pay a nurse transferred to another facility at the request of the Secretary up to the applicable rate paid to such employee before such transfer for one year if necessary to fill the position. Directs the Secretary to conduct a review of the qualification standards applicable to nursing personnel at Department health-care facilities and the relationship between such standards and the pay compression of nursing personnel in the intermediate and senior pay grades. Requires a revision of such qualification standards after such review by either April 1, 1993, or six months after enactment of this Act, whichever is later. Directs the Secretary to submit a report on the review's findings to the Senate and House Veterans' Affairs Committees (veterans' committees). Directs the Secretary to conduct a review of the process used for determining the rate of basic pay applicable to the Chief Nurse position at Department facilities and to report to the veterans' committees the results of such review. Requires the Secretary to include in a certain report to the veterans' committees: (1) the number of nurses per facility who are on pay retention or in the top step of any grade; and (2) whether extensions of such pay grades were sought and granted.

Water Resources Development Act of 1992

United States · United States Congress · 15 May 1992

Water Resources Development Act of 1992 - Title I: Project Authorization - Authorizes the Secretary of the Army (the Secretary) to carry out public works projects in the following locations for improvements to navigation, flood control, and ecosystem restoration: (1) Southeast Alaska Harbors of Refuge, Alaska; (2) Whiteman's Creek, Arkansas; (3) American River Watershed, California; (4) Morro Bay Harbor, California; (5) Sacramento Metro Area, California; (6) Rio Grande Alamosa, Colorado; (7) Delaware River Mainstem and Channel Deepening, Delaware, New Jersey, and Pennsylvania; (8) Canaveral Harbor, Florida; (9) Kissimee River, Florida; (10) Port Everglades Harbor, Florida; (11) Savannah Harbor, Georgia and South Carolina; (12) Kentucky Lock Addition, Kentucky; (13) Amite River and Tributaries, Louisiana; (14) Saugus River and Tributaries, Massachusetts; (15) Las Vegas Wash and Tributaries, Nevada; (16) Morehead City Harbor, North Carolina; (17) West Onslow and New River Inlet, North Carolina; (18) Lackawanna River at Scranton, Pennsylvania; (19) Locks and Dams 2, 3, and 4 Monongahela River, Pennsylvania; (20) Rio Grande De Loiza, Puerto Rico; (21) Sargent Beach, Texas; and (22) Shoal Creek, Austin, Texas. Modifies projects at the following locations with respect to coastal storm protection, storm water collection, flood control beach erosion control and hurricane protection, navigation, and water quality improvement: (1) Virginia Beach, Virginia; (2) South Fork of the Zumbro River, Rochester, Minnesota; (3) Moorefield and Petersburg, West Virginia; (4) Buena Vista, Virginia; (5) Westhampton Beach, New York; (6) Jones inlet, New York; (7) Buffomville Lake, Massachusetts; (8) French River, Connecticut and Massachusetts; and (9) Clear Creek, Texas. Reauthorizes the project for flood control at: (1) Perry Creek, Sioux City, Iowa; and (2) Green Bay Levee District, Iowa. Title II: Project Related Provisions - Authorizes the Secretary to 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. Authorizes appropriations. Bars the Secretary from proceeding with the divestiture of locks and dams five through 14 on the Kentucky River, Kentucky, until the Secretary has complied with the terms of a specified Memorandum of Understanding. Authorizes and directs the Secretary to: (1) develop a comprehensive five-year and 20-year sediment management strategy for the Toledo River (and authorizes the Secretary to conduct the engineering and construction activities necessary to implement the five-year strategy); and (2) establish the William B. Hoyt II Visitor Center at Mount Morris Dam, Mount Morris, New York. Authorizes appropriations. Directs the Secretary to proceed with the project for the Richmond, Virginia, Filtration Plant. Authorizes the Secretary to: (1) 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 including Lewiston, Idaho, at a depth commensurate with the Federal navigation project; (2) complete the shore protection measures on Cliff Walk, Newport, Rhode Island; and (3) reconstruct the Allendale Dam in North Providence, Rhode Island. Amends the Water Resources Development Act of 1990 to make specified modifications with respect to the effective date of the local cooperation agreement with the City of Virginia Beach, Virginia and reimbursement for the Federal share of beach nourishment at the Virginia Beach periodic nourishment project. Authorizes and directs the Secretary to correct the design deficiency associated with the project for flood control at Ellenville, New York. Authorizes the Secretary to: (1) undertake an environmental restoration project along the banks of the White River in Indianapolis, Indiana; and (2) design and construct projects for combined sewer overflow (CSO) prevention for specified areas across the country. Sets forth provisions regarding project design and costs for the latter. Authorizes appropriations. Authorizes the Secretary to maintain the authorized Federal navigation channel at Port Orford, Oregon. Title III: General Provisions - Amends the Water Resources Development Act of: (1) 1986 to authorize appropriations for dam safety; and (2) 1974 to provide that up to half the non-Federal contribution for the cost-sharing program may be made by the provision of in-kind services, and to define "State" to include Indian tribes. Authorizes the Secretary to: (1) 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; (2) enter into cooperative agreements with non-Federal public and private entities to provide for operation and management of recreation facilities and natural resources at civil works projects under the Secretary's jurisdiction where such facilities and resources are being maintained at complete Federal expense; and (3) accept contributions of funds, materials, and services from such entities for purposes of this provision. Amends the Flood Control Act of 1968 to authorize the Secretary to charge fees (to be deposited into the special Treasury account for the Corps of Engineers) for the use of developed recreation sites and facilities, but not for the use or provision of drinking water, way side exhibits, general purpose roads, overlook sites, toilet facilities, or general visitor information. Amends the Land and Water Conservation Fund Act of 1965 to repeal a provision barring a Federal agency, at each lake or reservoir under the jurisdiction of the Corps of Engineers where camping is permitted, from charging a user fee for providing at least one primitive campground containing designated campsites, sanitary facilities, and vehicular access. Authorizes the Secretary to carry out projects for the protection, restoration, and creation of aquatic and ecologically-related habitats, including wetlands, in connection with dredging for construction, operation, or maintenance of an authorized navigation project. Specifies that such projects shall be undertaken, subject to appropriations and Federal cost-sharing limitations, in any case where the Secretary finds that: (1) the environmental, economic, and social benefits of the project justify the cost; and (2) such project will not result in any further environmental degradation. Specifies that any such project shall be initiated only after non-Federal interests have entered into a cooperative agreement, according to specified provisions of the Flood Control Act of 1970, under which such interests agree to: (1) provide 25 percent of the cost associated with the project, including provision of all lands, easements, rights-of-way, and necessary relocations; and (2) pay 100 percent of the cost of operation, maintenance, replacement, and rehabilitation costs associated with the project. Authorizes appropriations. Sets limits on the Federal share of the cost of each project. Amends the Water Resources Development Act of 1976 to revise provisions with respect to cost-sharing for disposal of dredged sand on beaches. Requires the Secretary to give consideration to the schedule of the State or political subdivision in providing its share of funds for the placing of such sand on the beaches of such State or subdivision and, to the maximum extent practicable, to accommodate such schedule. Makes the political subdivision responsible for providing payments required under such Act in lieu of the State. Specifies that amounts recovered under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 for any response action taken by the Secretary in support of the Army Civil Works Program shall be credited to the principal appropriation from which the costs of such action has been paid or will be charged. Authorizes the Secretary, in accomplishing the maintenance, rehabilitation, and modernization of hydroelectric power generating facilities at water resources projects under the jurisdiction of the Department of the Army, to increase the efficiency of energy production or the capacity of these facilities if, after consulting with other appropriate Federal agencies, the Secretary determines that such uprating: (1) is economically justified and financially feasible; (2) will not result in significant adverse environmental impacts or effects on the purposes for which the project is authorized; and (3) will not involve major structural or operational changes in the project. Authorizes the Secretary, at a water resources project where the non-Federal interest is responsible for performing the operation, maintenance, replacement, and rehabilitation of the project and the Government is responsible for paying a portion of such costs, to: (1) provide a payment of the estimated total Federal share of such costs (based on a specified formula) to the non-Federal interest after completion of project construction; and (2) make a payment only if the non-Federal interest has entered into a binding agreement with the Secretary to perform the operation, maintenance, replacement, and rehabilitation of the project, subject to specified requirements. Authorizes the Secretary to accept contributions of cash, funds, materials, and services from nonprofit private and non-Federal public entities for environmental protection and restoration. Extends the jurisdiction of the Mississippi River Commission to include Terrebonne Parish, Louisiana. Authorizes the Secretary to remove a sunken barge from waters off the shore of the Narragansett Town Beach in Narragansett, Rhode Island, subject to specified requirements. Authorizes the Director of the U.S. Fish and Wildlife Service to provide financial assistance to: (1) pay the costs of construction and equipment for an Upper Mississippi River Environmental Education Center to be located in Winona, Minnesota; and (2) share the costs of planning, engineering design, construction, and equipment for the North American Wildlife and Prairie Wetlands Interpretive Center to be constructed near Medina, North Dakota. Sets forth additional requirements. Authorizes appropriations. Authorizes the use of flood emergency funds to repair and restore protective beaches damaged or destroyed by wind, wave, or water action other than of an ordinary nature when such repair and restoration is necessary to provide a level of protection equivalent to that provided prior to such damage or destruction and when requested by the Governor. Amends the Water Resources Development Act of 1986 to require that credits for project lands, easements, relocations, and rights-of-way include full value of foregone royalties on subsurface minerals, such as sand, where State royalty schedules have been established on the commercial mining of such resources. Limits design and construction costs assigned to projects under such Act for purposes of cost-sharing by non-Federal interests to the direct costs of such projects (and excludes any departmental overhead or general and administrative overhead costs). Makes this provision applicable to projects authorized in this or subsequent Acts and to cost-sharing agreements for projects not specifically authorized by the Congress entered into after the date of enactment of this Act. Directs the Secretary and the Assistant Administrator for Research and Development at the Environmental Protection Agency (EPA) to coordinate an annual review of the environmental research activities conducted at their respective research facilities. Extends the time of transfer of lands and management responsibilities with respect to specified portions of the Cross Florida Barge Canal project. Authorizes and directs the Secretary to investigate and carry out saltmarsh restoration projects along the coastline of the State of Connecticut, subject to specified cost-sharing requirements. Directs the Secretary, for purposes of formulating, evaluating, and displaying the benefits and costs of any water resources project that involves beach renourishment, or that involves inlet dredging or other navigation improvements that are likely to affect erosion patterns on beaches adjacent to such project, to address: (1) economic costs to the State of not placing beach-quality sand on eroded or eroding beaches; and (2) cost savings, if any, that may be achieved by restoring or renourishing eroded or eroding beaches during a dredging or other navigation project as compared to performing such restoration or renourishment at a later date as a separate project. Specifies that the Secretary shall consider the protection of coastal resources through placement of beach quality sand on beaches as being in the public interest whenever such sand would otherwise be disposed of offshore. Requires the Secretary to establish by regulation a process for development of long-range plans for financing and execution of projects for beach nourishment and inlet management within each affected State. Sets forth minimum requirements with respect to such process and the amendment or termination of such plans. Authorizes appropriations. Title IV: Infrastructure Technology, Research and Development - Authorizes the Secretary to: (1) engage in research, development, and technology transfer activities with respect to water and related land resources and water transportation, and test, develop, or assist non-Federal entities in development of new technology; (2) 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, both inland and deep draft; and (3) coordinate water resources-related research efforts with those national centers and institutes focused on the development of new technology and solutions to the problems associated with the nation's infrastructure. Directs the Secretary to: (1) establish a cooperative agreement with the National Center for Infrastructure Studies, Columbia University, New York City, and its consortium of universities, to accelerate the development of new technology in infrastructure; and (2) contract with the National Center for implementation of such a cooperative agreement. Specifies that: (1) such cooperation between the National Center, the Army Corps of Engineers, and its research facilities shall focus on the development of solutions to national water and waterway related infrastructure problems, including the disposal of dredged material; and (2) cooperative activities shall include an assessment of high-speed commercial water transportation, vessels, and infrastructure needs, and that in addition to general cargo carriers, high-speed water passenger transport at and in the vicinity of congested coastal urban areas shall be included. Authorizes appropriations. Authorizes the Secretary to conduct such studies as necessary to provide a report to the Congress on the state of the National Ports and Harbors system of the United States. Authorizes appropriations. Directs the Administrator of the EPA and the Secretary: (1) based upon a review of specified decontamination technologies, to jointly select removal, pre- and post-treatment and decontamination technologies for contaminated marine sediments for a decontamination project in the New York/New Jersey Harbor; and (2) upon selection, to jointly implement a four-year program of selected technologies to assess their effectiveness in rendering sediments acceptable for unrestricted ocean disposal, beneficial reuse, or both. Provides for continuous review and evaluation of selected technologies, the joint development of an outyear management program, and reevaluation and updating of the program each year in light of the findings of the Administrator and Secretary and the comments of an advisory panel (established pursuant to this Act). Requires the Administrator and the Secretary to jointly recommend three additional sites and select appropriate technologies for marine sediment decontamination projects to be implemented on the Gulf of Mexico, the Great Lakes, and the West Coasts during FY 1995 through 1997. Provides for the establishment of an advisory panel (comprised of academic and agency scientists) for each decontamination project to advise the Administrator and the Secretary on technology review, technology selection, and decontamination program implementation. Sets forth reporting requirements. Authorizes appropriations. Title V: Environmental Infrastructure Facilities for Economically Distressed Areas - Environmental Infrastructure Assistance Act - Directs the Secretary to establish an Office of Community Environmental Infrastructure Assistance (the Office) within the Directorate of Civil Works of the Office of the Chief of Engineers, Department of the Army, to: (1) manage projects pursuant to this title; and (2) provide information and guidance to communities in economically distressed areas with respect to financial analysis and planning, assessment of feasibility of eligible projects under this title, and such economic and organizational issues as regionalization of environmental infrastructure facilities, reform of existing rate structures, and operation of special management districts (and, in cooperation with the Administrator, provide information and guidance to communities on issues related to construction, operation, maintenance, and rehabilitation of environmental infrastructure facilities). Directs the Secretary to: (1) establish an environmental infrastructure assistance program administered through the Office; (2) use funds under this title for the construction of wastewater treatment works, public water systems, and solid waste management facilities; and (3) use funds under this title for an eligible project only if the project is publicly owned. Specifies that funds provided for the implementation of this title shall be available only for environmental infrastructure projects located in an economically distressed area serving a population of less than 25,000. Authorizes the Governor of any State to submit to the Secretary a State priority project plan, which shall include a list of: (1) economically distressed areas in the State, other than a Federal Indian reservation, including such information qualifying such areas as the Secretary deems necessary and appropriate; (2) specific projects eligible for financial assistance and information concerning the nature, benefits, costs, and expected long-term operations of the projects; and (3) eligible projects ranked in priority order for the fiscal year with respect to which assistance is sought. Requires: (1) the Administrator to submit to the Secretary a priority project plan for eligible projects on Federal Indian reservations; and (2) the Secretary to establish by regulation such additional requirements for a State priority project plan as appropriate. Directs the Secretary to develop and submit to the Congress a national economically distressed area environmental infrastructure assistance plan, which shall include: (1) for any plan that is not an initial plan, a description of the efforts of the Secretary to implement the provisions of this title in the preceding year; (2) a list of all State environmental infrastructure priority projects; (3) such list, ranked in an order which, in the judgment of the Secretary, gives highest priority to projects with the greatest public health and environmental benefits, serving communities facing the greatest financial hardships associated with the project, and ranked highest by the Governor; and (4) a status report of any projects in progress or under construction. Bars the Secretary from listing such a project if, in the judgment of the Secretary, the project does not meet the eligibility requirements of this title. Requires the Secretary, subject to the availability of funds, to enter into local cooperation agreements with appropriate local governments for the planning, design, and construction of such environmental infrastructure projects. Sets forth requirements with respect to such agreements, project priorities, project management, and consistency with planning requirements. Directs the Administrator to publish guidelines for the design of wastewater treatment works, public water systems, and solid waste disposal facilities which: (1) describe the basic design standards to be applied in the planning of environmental infrastructure facilities; (2) identify appropriate engineering specifications for construction of environmental infrastructure facilities based on an expected operational life of 20 years; (3) establish such minimum standards of planning, engineering, design, and construction as are considered appropriate by the Administrator; and (4) assure that any facility constructed will comply with all applicable Federal and State environmental laws. Requires the Administrator to periodically review and revise the guidelines. Authorizes appropriations. Title VI: Contaminated Sediment and Ocean Dumping - National Contaminated Sediment Assessment and Management Act - Establishes a National Contaminated Sediment Task Force. Directs the Administrator to conduct: (1) a comprehensive national survey of data regarding aquatic sediment quality in the United States, including compilation of all existing information on the quantity, chemical and physical composition, and geographic location of pollutants in aquatic sediment; and (2) a comprehensive and continuing program to assess aquatic sediment quality. Sets forth reporting requirements. Amends the Marine Protection, Research, and Sanctuaries Act (MPRSA) to: (1) include a declaration by the Congress that it is the goal of the United States to eliminate the dumping of dredged materials containing contaminants in excess of marine water or sediment standards under the Federal Water Pollution Control Act (FWPCA) into ocean waters; and (2) specify that no permit or dumping authorization shall be issued for a dumping of material that, in the case of a dump site located in the territorial sea, will violate water quality standards or contains contaminants in quantities in excess of sediment quality standards adopted pursuant to the FWPCA, or, in the case of any other dump site, will violate water quality criteria or contains contaminants in quantities in excess of sediment quality criteria published pursuant to the FWPCA. (Current law states that no permit shall be issued for a dumping of material which will violate applicable water quality standards.) Specifies that: (1) in any case in which the Administrator disagrees with the Secretary's determination as to compliance with the criteria or restrictions (currently, criteria) established pursuant to the MPRSA relating to the effects of the dumping or specified restrictions relating to critical areas and site management plans (currently, critical areas), the determination of the Administrator shall prevail; and (2) if the Secretary finds that, in the disposition of dredged material, there is no economically feasible method or site available other than a dumping site the utilization of which would result in noncompliance with such criteria or restrictions (currently, criteria), he shall so certify and request a special permit from the Administrator (currently, a waiver of the specific requirements involved). Requires the Administrator: (1) within 90 (currently, 30) days of the receipt of the special permit (currently, waiver) request, to grant such permit (currently, waiver), subject to specified conditions; and (2) in reviewing a request for such a permit, to provide for public notice and comment. Authorizes States to adopt only such criteria, standards, rules, or regulations (to be transmitted to the Administrator and Secretary, who shall assure compliance) relating to the dumping of materials into ocean waters within the jurisdiction of the State which are more stringent and protective of such waters and sediment than those adopted under the MPRSA. (Under current law, no State shall adopt or enforce any rule or regulation relating to such activity, but may propose to the Administrator criteria related to ocean dumping, which the Administrator may adopt if not inconsistent with such Act, subject to specified requirements.) Directs the Administrator: (1) to designate sites or time periods for dumping that will mitigate the adverse impact on the environment to the greatest extent practicable (current law authorizes the Secretary to designate recommended sites or times); and (2) in any case where the Administrator determines that, with respect to certain materials, it is necessary to prohibit dumping at a site or during a time period, to prohibit the dumping during such time period (under current law, when necessary to protect critical areas, sites or times within which certain materials may not be dumped). Specifies that this prohibition shall apply to any dumping at the site or during such time period. Requires the Administrator to develop and implement a site management plan for each site designated, including: (1) baseline assessment of environmental conditions at the site and in adjacent areas that may be affected by the dumping activity as if dumping had never occurred; (2) special management conditions or practices to be implemented at each site that are necessary for the protection of the environment; (3) a program of monitoring for each site; (4) the anticipated use and management of the site over the 20-year period following the date of preparation of the plan; (5) a schedule of review and revision of the plan; and (6) such other requirements and conditions as the Administrator considers necessary. Specifies that: (1) after January 1, 1993, no site shall receive a final designation unless a management plan has been developed pursuant to the MPRSA; and (2) beginning on January 1, 1995, no permit or authorization for dumping shall be issued for a site designated pursuant to such Act unless a site management plan has been adopted for such site. Directs the Administrator to: (1) develop a site management plan for any site designated prior to January 1, 1993, as expeditiously as practicable, giving consideration to development plans for designated sites that are considered to have the greatest impact on the environment; and (2) provide for public review and comment on site designation actions, and hold a public hearing on any proposed designation or management plan development, revision, or redesignation in the region in which the site that is the subject of the management plan is located. Requires that permits issued with respect to the dumping permit program for dredged material: (1) designate and include such requirements, limitations, or conditions as necessary to assure consistency with any site management plan approved pursuant to the MPRSA (currently, the length of time for which the permits are valid and their expiration date), and special provisions that the Administrator or the Secretary determines to be reasonable and necessary to control and prevent pollution of waters and sediment in the area of the dredging project from on-shore and related facilities subject to the control of the entity seeking a permit; and (2) be issued for a period of up to three years. Specifies that any person who: (1) knowingly violates any provision of, or regulation promulgated or permit issued under, this title shall be fined under the Federal criminal code, imprisoned for not more than five years, or both (currently, fined up to $50,000, imprisoned for up to one year, or both); and (2) is convicted of such a violation shall forfeit to the United States any property constituting or derived from any proceeds that the person obtained as a result of such violation, and any of the property of the person which was used, or intended to be used, to commit or facilitate the commission of the violation. Provides that any vessel used to commit an act for which such a penalty is imposed under the MPRSA shall be subject to seizure and forfeiture to the United States under procedures established for seizure and forfeiture of conveyances under the Controlled Substances Act, with exceptions. Authorizes appropriations. Title VII: Studies - Authorizes and 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 recommendations contained therein are advisable at the present time, with particular reference to improvements for water and related land resource needs. Authorizes appropriations. Directs 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, assessing: (1) the public investment in such activities; (2) damage incurred by such shore protection activities by the coastal storms of October 1991 and January 1992; (3) the prevention of damage by such storms to coastal and upland resources as a result of such shore protection activities; and (4) the extent to which the prevention of damage to coastal and upland resources is considered in benefit-cost ratios for shore protection activities. Sets forth reporting requirements. Authorizes the Secretary to enter into a memorandum of understanding with the Secretary of Agriculture to study problems associated with flooding in Harrison County, Mississippi. Specifies that such Secretaries shall jointly conduct a reconnaissance study of such county and specified bodies of water and associated watersheds. Sets forth reporting requirements. Authorizes the Secretary to study 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 review the reports of the Chief of Engineers and other pertinent documents pertaining to Orchard Beach, Bronx, New York, and to make recommendations concerning storm damage prevention, recreation, environmental restoration, and other purposes. Authorizes appropriations. Authorizes the Secretary to study 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 reconnaissance and feasibility study of remediation of contaminated sediments in Lake Champlain and the Narrows of Lake Champlain. Specifies that: (1) such activities shall be coordinated with the State of Vermont and the Water Resources Research Center at the University of Vermont; and (2) funds previously expended by such State and the Water Resources Research Institute in investigating sediment contamination shall be considered toward any joint funding requirements. Authorizes the Secretary to conduct a reconnaissance and feasibility study of providing additional: (1) boat access points on Lake Champlain; and (2) flood protection for Montpelier, Vermont. Directs the Board of Engineers to conduct an evaluation of long-term coastal dredged material disposal needs along the Maine and New Hampshire coasts. Specifies that, beginning in 1995, any dredged material resulting from a project proposed as a result of this study shall be disposed of at a site permanently designated by the EPA pursuant to the MPRSA. Authorizes funds to conduct this study. Authorizes and directs the Secretary, in studying the feasibility of Federal improvements to the St. John's River Channel, to: (1) examine the commercial and military uses of the Channel in those areas traversed by both military and commercial vessels; and (2) coordinate their efforts with the Department of the Navy to utilize available studies and resources which project future military dredging needs in the Channel. Requests the Chief of Engineers to review his report 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.

Weed and Seed Implementation Act of 1992

United States · United States Congress · 14 May 1992

Weed and Seed Implementation Act of 1992 - Directs the Attorney General, in cooperation with other Federal agencies, to: (1) provide local communities with weed and seed program technical assistance; and (2) enter into weed and seed agreements with State, local, and private nonprofit entities to promote neighborhood revitalization. Directs the Attorney General to establish a Weed and Seed Council which shall: (1) review submitted weed and seed plans; (2) coordinate funding, services, and technical assistance; and (3) evaluate program impact in designated communities. Authorizes appropriations for: (1) intergovernmental weed and seed agreements; and (2) specified programs under the authority of the Secretary of Education. Obligates specified funds for weed and seed plans under the authority of: (1) the Department of Housing and Urban Development; (2) the Departments of Labor and of Health and Human Services; (3) the Special Supplemental Food Program for Women, Infants and Children (WIC); and (4) other Federal law. Authorizes permanent appropriations for weed and seed programs beginning with FY 1994. Obligates specified funds for weed and seed programs in enterprise and nonenterprise zones.

Mathematics and Science Teacher Recruitment and Retention Act

United States · United States Congress · 14 May 1992

Mathematics and Science Teacher Recruitment and Retention Act - Amends the Internal Revenue Code to allow a tax credit of $1,000 for certain full-time, public elementary and secondary school teachers who complete at an institution of higher education six credit hours in mathematics, science, or any other subject area for which the Secretary of Education determines there is a critical national need for additional teachers. Allows qualified science, mathematics, and critical-need teachers a deduction for education expenses at institutions of higher education relating to their certification. Directs the Secretary of Education to make grants available to any State for the purpose of conducting a mathematics or science secondary school feasibility study (to examine the costs and benefits of establishing a secondary school dedicated to the instruction of mathematics or science) if such State provides funds or other support in an amount of at least twice the amount of grant funds. Authorizes appropriations.

Emergency Short Term Assistance for American Youth Act of 1992

United States · United States Congress · 14 May 1992

Emergency Short Term Assistance for American Youth Act of 1992 - Designates the amounts described in this Act as emergency requirements for all purposes of the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act). Makes emergency supplemental appropriations to provide short-term assistance for the following programs for children and youth: (1) Head Start Act services, during the summer months (including services through family literacy projects); (2) compensatory education for disadvantaged students, during the summer months, under chapter 1 of title I of the elementary and Secondary Education Act of 1965 (including projects related to arts and drama, academic subjects, literacy, recreation, conflict management, and dropout prevention); (3) summer youth employment and training programs, under part B of title II of the Job Training Partnership Act; and (4) the Operation Weed and Seed demonstration program carried out by the Department of Justice and other Federal entities. Sets forth requirements and formulas for the allocation of such funds.

BasiCare Health Access and Cost Control Act

United States · United States Congress · 14 May 1992

BasiCare Health Access and Cost Control Act - Title I: Immediate Reforms - Subtitle A: Small Employer Health Insurance Market Reform - Regulates accident and health insurance issued to small employers (defined as having fewer than 51 employees) regarding: (1) price; (2) sales practices; (3) guaranteed issue; (4) core benefits (requiring the same benefits as title XVIII (Medicare) of the Social Security Act); (5) deductibles, out-of-pocket expenses, and copayments; and (6) preventive benefits for children under 23. Preempts inconsistent State and local laws. Regulates: (1) guaranteed eligibility; (2) limited exclusion of preexisting conditions; (3) guaranteed renewability; (4) waiting periods; and (5) rating requirements. Allows the Secretary of Health and Human Services to agree with a State to apply the standards set by that State's laws instead of these requirements, provided the core benefits and sales practices requirements are met. Amends the Internal Revenue Code (IRC) to prohibit tax deductions for the tax imposed by title II, subtitle E, of this Act on insurers offering plans that do not qualify as BasiCare plans. Subtitle B: Community Health Services Expansion - Amends the Public Health Service Act (PHSA) to establish a program of allotments to States for grants for community-based primary health services to low-income or medically underserved populations regarding infant mortality and referrals for the health management of infants and pregnant women. Links the amount of the allotment to population and need. Describes the services to be included. Earmarks for the allotments specified percentages of appropriations under certain provisions added by this Act. Mandates grants to federally qualified health centers (FQHCs) and other entities for providing access to services, as described in specified provisions of title XIX (Medicaid) of the Social Security Act, for medically underserved populations or in high impact areas not currently being served by a FQHC. Authorizes appropriations. Subtitle C: Expansion of Tax Incentives for Self-Employed Individuals - Amends the IRC to increase to 100 percent (currently 25 percent) the portion of health insurance costs self-employed individuals may deduct. Removes provisions ending the deduction on a specified date. Subtitle D: Expanding the Supply of Health Professionals in Rural Areas - Amends the PHSA to authorize appropriations to carry out provisions relating to the National Health Service Corps scholarship and loan repayment program. Earmarks certain portions to carry out provisions of this Act relating to FQHCs. Amends the IRC to allow a tax credit for service by a physician, physician assistant, or nurse practitioner who: (1) provides primary health services to individuals in a rural health professional shortage area; and (2) is not receiving a National Health Service Corps scholarship or loan repayment and not fulfilling service obligations under such programs. Excludes National Health Service Corps loan repayments from gross income. Allows, with regard to elections to expense depreciable business assets, a higher aggregate cost to be taken into account for rural health care property in a rural health professional shortage area. Allows a deduction for a limited amount of the interest paid on medical education loans by an individual performing services under an agreement with an applicable rural community to perform professional services in the community. Authorizes use of the deduction in computing adjusted gross income. Subtitle E: Malpractice Reform - Part I: Definitions - Sets forth definitions for purposes of this subtitle. Part II: Tort Reform of Health Care Liability Actions - Declares that this part applies to any health care liability action brought in any Federal or State court. Limits the dollar amount of: (1) recovery by an individual and the individual's family members in a health care liability action, regardless of the number of providers or the number of actions; and (2) single payments which may be required. Requires offset for damages paid by a collateral source. Prohibits punitive damages from exceeding the sum of economic and non-economic damages. Regulates the award of attorney's fees and joint and several liability. Sets forth time limits on initiation of actions. Preempts State laws in certain circumstances. Subtitle F: Joint Ventures - Amends provisions of the National Cooperative Research Act of 1984 allowing, notwithstanding antitrust laws, certain cooperative research agreements to add references to joint health care provider ventures, defined as a group of activities by two or more hospitals for the provision or delivery of health care services. Title II: Long-Term Reforms - Subtitle A: Establishment of Commission and Advisory Board - Establishes the Commission on National Health Care Access and Reform and the National Advisory Board. Authorizes appropriations. Subtitle B: Reform and Standardization of Private Insurance - Requires the Commission to submit to the Congress a legislative proposal with specified elements, including: (1) a uniform national health benefits package (BasiCare); (2) a national health care insurance reform plan applicable to all carriers of health insurance in the United States; (3) self-insured plan requirements; and (4) a program to assist low-income individuals in the transfer from coverage under title XIX (Medicaid) of the Social Security Act to BasiCare coverage and financial assistance in obtaining BasiCare coverage. Sets forth the continuing duties and responsibilities of the Commission, including: (1) submission of a new legislative proposal annually for the next two years if the Congress does not approve the Commission's recommendation; (2) annual review and revision, subject to congressional recision, of benefits and premiums; (3) oversight of provider participation and billing; (4) oversight of the supplemental health insurance market; (5) submission to the Congress of plans for the long-term disposition of Medicaid benefits not covered or subsumed by BasiCare and assimilation of Medicare (title XVIII of the Social Security Act), the Civilian Health and Medical Program of the Uniformed Services (CHAMPUS), and the Federal employees' health benefits program into the BasiCare system; and (6) submission to the Congress of a legislative proposal for affordable and easy access to prescription drugs. Includes in BasiCare coverage basic hospitalization, basic outpatient services, prescription drugs, protection against catastrophic out-of-pocket costs, coverage against extraordinary long-term care costs, and coverage for preventive care. Requires each carrier to offer BasiCare. Preempts inconsistent State and local laws. Prohibits duplication, in whole or part, of BasiCare benefits. Prohibits discrimination based on health status, including preexisting conditions. Requires guaranteed issue, a minimum plan period, guaranteed renewability, and community-wide ratings. Applies these standards to reinsurance policies. Regulates premiums. Prohibits employment-related BasiCare plans from imposing waiting periods. Requires: (1) such plans to apply equally to employees of all income levels; and (2) total contributions for an employer for low-income employees to equal or exceed the total for other employees. Regulates self-insured plans. Mandates development of recommended managed care plan standards regarding benefits, coverage, and delivery systems. Establishes the Managed Care Advisory Committee. Preempts certain State laws regarding managed care plans. Subtitle C: Low-Income Assistance - Requires the Commission to provide for the termination of Medicaid program coverage which duplicates BasiCare. Terminates, after five years, any remaining Medicaid benefits. Mandates financial assistance, through a voucher system, to low-income individuals for BasiCare premiums, deductibles, and other cost-sharing. Subtitle D: Congressional Consideration of Commission Recommendation - Declares that these provisions are enacted as an exercise of the rulemaking power of the House of Representatives and the Senate with recognition of the right of either House to change the rules as any other rule of that House. Provides for the introduction and consideration of a joint resolution approving of the Commission's legislative proposal under subtitle B of this title. Subtitle E: Enforcement Provisions - Amends the Internal Revenue Code to remove provisions relating to a tax on any employer or employee organization that contributes to a group health plan or large group health plan that does not comply with certain Medicare provisions. Imposes a tax on: (1) insurers offering plans that do not qualify as BasiCare plans; (2) the failure of any service provider under a BasiCare plan to comply with specified provisions of this Act; and (3) the failure of any person to comply with provisions of this Act relating to employer responsibilities and self-insured plan requirements under this Act. Disallows personal exemptions unless the individual's BasiCare policy number is included in the individual's tax return. Subtitle F: Financial Provisions - Creates the BasiCare Trust Fund and transfers to the Fund: (1) a specified percentage of wages and self-employment income; (2) all of the taxes imposed by this Act; (3) additional revenues received as the result of amendments made by this Act; (4) the State's Medicaid share; and (5) all unobligated amounts in the Federal Hospital Insurance Trust Fund and the Federal Supplementary Medical Insurance Trust Fund. Appropriates to the Fund: (1) the Federal Medicaid share; and (2) amounts equal to appropriations for CHAMPUS and the Federal employees' health benefits program. Authorizes appropriations for additional sums as required to make expenditures under specified provisions of this act. Amends title II (Old-Age, Survivors, and Disability Insurance) of the Social Security Act to exclude amounts under certain provisions of this Act from appropriation to the Federal Old-Age and Survivors Insurance Trust Fund. Amends the Internal Revenue Code to: (1) exclude from gross income employer-provided coverage under a BasiCare plan (currently, under an accident or health plan); (2) prohibit deductions for employer expenses for a group health plan unless the plan qualifies as a BasiCare plan; and (3) include amounts paid for a BasiCare plan (currently, for insurance) in the definition of "medical care" for provisions relating to medical and dental expenses. Subtitle G: Definitions - Defines various terms as used in this Act.

To improve educational effectiveness by establishing a flexibility demonstration program.

United States · United States Congress · 14 May 1992

Flexibility for Educational Effectiveness Act of 1992 - Amends the Elementary and Secondary Education Act of 1965 (ESEA) to establish a Flexibility Demonstration Program (Program), as a new title VIII, in order to demonstrate the effectiveness, in several States and schools, of granting waivers of Federal and State laws and regulations so that services can be more effectively provided to disadvantaged children. Establishes a Committee on Services to Children (the Committee), composed of the Secretaries of Education, of Agriculture, of Labor, and of Health and Human Services, to coordinate certain activities of their departments to facilitate demonstration projects that waive specified requirements of Federal laws and regulations they administer. Requires the Committee, within 60 days after its establishment, to publish a notice and description of programs providing health, mental health, social services, or substance abuse prevention and treatment for which waivers of requirements are available under other Federal laws, in order to encourage coordination of such programs with programs included under this Act. Directs the Committee to: (1) review applications from States for demonstration projects; and (2) approve applications of up to 15 States involving not more than 20 schools in each State. Prohibits the Committee from exercising authority over the development of or specific provisions of a State application. Authorizes the Committee to carry out the Program by waiving certain requirements in up to 15 States involving not more than 20 schools in each State for demonstration purposes to find more flexible ways to provide education and services to disadvantaged students. Allows the demonstration projects to include simplification, coordination, and combination of some of the requirements in the categories of: (1) related Federal and State preschool and early childhood development for disadvantaged children; (2) related Federal and State programs for disadvantaged students in elementary and secondary schools; (3) Federal and State educational programs for disadvantaged children and social, health, and nutrition programs targeted at such children; and (4) the administration of Federal and State School lunch and school breakfast programs. Sets forth program eligibility and application requirements and priorities for State and local educational agencies. Requires local application development to involve a local reform committee. Allows a State educational agency (SEA) to request waivers of Federal requirements relating to uses of funds for programs serving disadvantaged students in the regular classroom. Requires such programs to include those under chapter 1 of title I ESEA for education of disadvantaged children at preschool, elementary, and secondary levels. Allows such programs also to include those under specified Federal laws relating to such levels. Allows an SEA also to request waivers of Federal requirements for operation of: (1) programs to improve the social, health, and nutritional condition of disadvantaged children; and (2) school lunch and school breakfast programs (but with certain restrictions on the scope of such waivers). Sets forth restrictions on all such waivers with respect to Federal requirements involving civil rights and discrimination, private usage of funds, maintenance of effort or comparability of services, supplementation of non-Federal funds, equitable participation of private school students, certain General Education Provisions Act requirements, fund distribution, and prohibitions against use of funds for construction, renovation, or repair of facilities. Provides for early termination of a waiver granted to a State or school when: (1) the school has not demonstrated adequate progress toward meeting the goals outlined in the local educational agency application; or (2) a State or school has been found to have violated any restriction on the waiver authority. Terminates the Committee's authority to grant waivers on September 30, 1997. Allows a school to decline, at any time, to participate in a project under this Act. Requires annual reports to the Committee by any SEA selected for a demonstration project, and annual reports by the Committee to specified congressional committee on the progress of each participating school in meeting application goals. Directs the Secretary of Education to contract with the National Academy of Education to evaluate and report to specified congressional committees on the demonstration projects with respect to: (1) accuracy of information received under State reporting requirements; (2) effectiveness in raising disadvantaged student achievement levels and improving efficiency at each school; and (3) effectiveness of coordinated service agreements at State and local levels in delivering comprehensive services to disadvantaged children. Suspends, until July 1, 1993, the effectiveness of a specified final rule issued to carry out a unified compliance system under the National School Lunch Act, as well as that of any subsequent rule issued by the Secretary of Agriculture to carry out such system (but does not suspend further planning and development activities for implementation of such system, or any other requirements for local food service authorities under such Act). Authorizes appropriations for SEA and Committee reports.

Gang-Free Schools and Communities Act of 1992

United States · United States Congress · 14 May 1992

Gang-Free Schools and Communities Act of 1992 - Amends the Juvenile Justice and Delinquency Prevention Act of 1974 to establish a program of assistance to achieve gang-free schools and communities. Directs the Administrator of the Office of Juvenile Justice and Delinquency Prevention to make grants to or contract with public agencies (including local educational agencies) and private nonprofit entities to establish family and community programs and activities designed to carry out any of specified purposes, including: (1) prevention and reduction of juvenile participation in gangs that commit crime, through various methods; (2) innovations within juvenile adjudicatory and correctional systems; (3) treatment for juvenile gang members; (4) involvement of juveniles in lawful activities in areas of gang-crime; (5) policies and activities in schools to maintain a safe learning environment; (6) counseling and other instructional services for at-risk juveniles, in or outside a regular school program; (7) drug abuse prevention and treatment services; and (8) services to prevent repeat offenses. Authorizes grants and contracts for research, evaluation, and public information on issues relating to the program and juvenile gangs. Sets forth requirements for application review and approval. Defines juvenile as an individual under 22 years old. Authorizes appropriations.

To reduce the amounts appropriated to the Department of Education to increase grants to State and local educational agencies and to reduce the Federal budget deficit.

United States · United States Congress · 14 May 1992

Directs the Secretary of Education to decrease Department of Education personnel costs by ten percent from amounts appropriated for FY 1993 and 1994. Requires that: (1) 90 percent of the savings from such reduction be transferred to local education agencies in accordance with State aid distribution formulas; and (2) the remaining ten percent be used to reduce the Federal budget deficit. Provides that nothing in this Act shall be construed to replace or reduce State and local government funding for education programs.

A bill to authorize appropriations for fiscal year 1993 for the Maritime Administration, and for other purposes.

United States · United States Congress · 13 May 1992

Authorizes appropriations for the Maritime Administration for: (1) operating-differential subsidies; (2) manpower, education, and training; (3) operating programs; (4) national security support capabilities; and (5) the Ready Reserve Force. Amends the Merchant Ship Sales Act of 1946 to read as though a specified provision had not been repealed. (The provision in question authorized certain uses of vessels in the National Defense Reserve Fleet.)

Defense Industry Conversion Tax Incentives Act of 1992

United States · United States Congress · 13 May 1992

Defense Industry Conversion Tax Incentives Act of 1992 - Title I: Job Creation - Allows the use of the targeted jobs credit for hiring a long-term unemployed defense industry or aerospace worker. Describes such worker as an individual certified by the designated local agency as having been unemployed in such industry who: (1) has been receiving unemployment compensation at all times during the six-month period prior to the hiring date; or (2) has been receiving unemployment compensation but has exhausted all rights to such compensation and has remained unemployed beginning on the date such rights were exhausted and ending on the date before the hiring date. Requires the individual to be employed by the employer for at least 120 days and the employer to certify that: (1) the individual was hired after the employer took reasonable actions to specifically recruit such workers; and (2) the individual was not hired to replace an employee who was involuntarily separated from employment by the employer without cause. Allows an investment tax credit for nondefense production and manufacturing equipment of ten percent of the aggregate bases of such properties placed in service during the taxable year. Allows any qualified defense facility to establish an industrial diversification account for the purpose of providing qualified plant and equipment in the United States or the retraining of employees in order to diversify qualified defense facilities from predominantly relying on defense contracts to nondefense lines of business. Restricts deposits to such accounts to the average of the sum of: (1) depreciation allowances with respect to eligible plant and equipment; (2) net proceeds from the sale or other disposition of such plant and equipment, or insurance or indemnity attributable to such plant and equipment; and (3) receipts from investment of amounts in such accounts. Restricts deposits after the fifth taxable year to receipts from investments. Provides for the nontaxability of earnings deposited into such accounts. Allows withdrawals over a ten-year period for: (1) acquisition, construction, or reconstruction of qualified plant and equipment; (2) the payment of principal or indebtedness incurred in connection with plant and equipment acquisition, construction, or reconstruction; or (3) the retraining or continued education of employees. Provides for taxation of nonqualified withdrawals. Requires the Secretary of the Treasury to report to the Secretary of Defense annually on such accounts. Provides for computing the alternative minimum tax on earnings deposited in such accounts. Makes the credit for increasing research activities permanent law. Title II: Capital Formation - Allows a deduction for gain on investments in new small business stock (seed capital) held for at least five years. Establishes special rules for such investments. Provides for determining the maximum capital gains rate for small business net capital gain or seed capital gain. Treats capital gains on the sale of such stock as a preference item for purposes of the minimum tax. Allows penalty-free withdrawals from retirement plans by individuals who are involuntarily unemployed. Excludes from gross income interest received during a taxable year up to $2,500 ($5,000 in the case of a joint return). Makes such exclusion applicable to distributions from regulated investment companies and real estate investment trusts. Makes certain nonresident aliens ineligible for such exclusion.

Earth Summit Leadership Act of 1992

United States · United States Congress · 13 May 1992

Earth Summit Leadership Act of 1992 - Title I: Foundation for Sustainable Development - Establishes the Foundation for Sustainable Development to: (1) encourage the growth of development institutions indigenous to developing countries which respond to the needs of the poor and promote environmental protection and conservation of natural resources; (2) support efforts to increase the productivity of the poor; (3) support self-help activities at the local level to enlarge opportunities for community development; (4) support efforts at community-based, environmentally sustainable management of natural resources; (5) stimulate and assist the process of people participating in the processes that affect their lives; (6) replicate successful projects promoting sustainable and equitable development funded by specified foundations; and (7) disseminate insights gained in the Foundation's work to the American public and citizens in developing countries. Authorizes the Foundation to provide grant assistance to indigenous organizations in developing countries or entities working in partnership with such organizations to carry out it purposes. Limits the total amount of assistance for a single project. Authorizes appropriations. Title II: Regional Development Foundations - Amends the Foreign Assistance Act of 1969 to increase the authorization amount for the Inter-American Foundation for FY 1993 and to authorize appropriations for FY 1994. Amends the African Development Foundation Act to authorize appropriations for the African Development Foundation for FY 1993 and 1994. Makes available an additional amount of economic support fund assistance under the Foreign Assistance Act of 1961 for Appropriate Technology International to enable it to emphasize large-scale replication of successful projects and partnerships with major development and financial institutions. Title III: Reduction in International Security Assistance - Places a ceiling on the total amount of international security assistance provided by the United States for FY 1993 and 1994. Expresses the sense of the Congress that international security assistance for FY 1995 and 1996 should be further reduced to promote global demilitarization and make available additional resources for sustainable development programs. Title IV: Multilateral Organizations - Requires the Secretary of the Treasury to instruct the U.S. executive directors of specified multilateral development banks to promote the following actions: (1) to make available to the public information on physical, institutional, and economic details and the environmental, public health, and sociocultural impacts of proposed bank operations; (2) to ensure that poverty reduction becomes a higher priority, including increases for lending for health care and basic education to at least five percent of the bank's lending; (3) to ensure that all structural adjustment loans after July 1993 are presented with documentation on how such loans will affect incomes of the poor, the diversification of industrial and agricultural production, the delivery to low-income people of essential social and technical services, and the integrity of the natural resource base; (4) to ensure the development of sustainable energy systems by ensuring that all energy sector loans are based on end-use efficiency and renewable energy applications; (5) to establish a comprehensive water resource policy that will require a least-cost approach to planning for and investing in water resource development projects; and (6) to purchase commercial debt obligations of developing countries on the secondary market and forgive those debts in return for adoption of sustainable development policies. Expresses the sense of the Congress that the President should follow up U.S. participation in the United Nations Conference on Environment and Development (UNCED) by taking an active role during the General Assembly session to ensure full implementation of UNCED recommendations on institutional reform issues. Title V: Domestic Environmental Policies - Expresses the sense of the Congress that: (1) all budgetary subsidies and tax advantages for unsustainable exploitation of natural resources should be eliminated as long as adequate provision is made to retrain displaced individuals and to assist poor people who are least able to bear the cost implied by such eliminations; (2) the director of the Office of Management and Budget should identify all current budgetary subsidies and tax advantages for the exploitation of nonrenewable energy, forest, and water resources and should estimate their cost to taxpayers as the basis for future congressional action to eliminate them; and (3) each Federal agency should conduct a survey of cost-effective renewable energy technologies which it could adopt for the conduct of its work and should begin conversion to those technologies as soon as possible. Directs the President to: (1) design a plan for reducing, by 2005, U.S. emissions of carbon dioxide to a level no greater than 80 percent of the 1990 level; and (2) formulate a national strategy for sustainable development.

National Breast Cancer Strategy Act of 1992

United States · United States Congress · 13 May 1992

National Breast Cancer Strategy Act of 1992 - Title I: Establishment of Office of Breast Cancer and National Breast Cancer Commission - Amends the Public Health Service Act to establish: (1) the Office of Breast Cancer in the Office of the Assistant Secretary for Health; and (2) the National Breast Cancer Commission to study public and private breast cancer prevention, early detection, treatment, education, and research. Title II: Duties of Director of the National Cancer Institute Relating to Breast Cancer - Authorizes appropriations for conducting and supporting breast cancer research. Adds biomedical and behavioral research, training, and dissemination of information regarding breast cancer to the duties of the National Cancer Institute Director. Establishes the Rose Kushner Scholarship Program of scholarships in exchange for completing post-graduate clinical oncology training and serving as National Institutes of Health (NIH) employees carrying out breast cancer programs. Establishes a program of educational loan repayments in exchange for breast cancer activities as NIH employees. Authorizes appropriations for at least ten programs for research on breast, lung, and prostate cancer under designated Specialized Programs of Research Excellence.

Defense Worker Dislocation Act

United States · United States Congress · 12 May 1992

Defense Worker Dislocation Act - Amends the Job Training Partnership Act (JTPA) to revise eligibility requirements for the Defense Conversion Adjustment Program (program). Authorizes the Secretary of Labor (the Secretary) to make program grants to specified types of eligible entities in any State in which: (1) the Governor has received a notification regarding a closure, cancellation, or reduction under the Defense Economic Adjustment, Diversification, Conversion, and Stabilization Act of 1990; and (2) eligible employees have received a notification of warning from their employer regarding such closure, cancellation, or reduction. Requires grant applications to contained specified information. Requires the Secretary to approve or deny the application by the later of: (1) 15 days after the date on which the eligible employees will lose employment; or (2) 30 days after submission of the application. Allows program grant funds to be used to provide specified retraining or to update existing skills with respect to an eligible dislocated worker, including an employee of an eligible defense contractor or subcontractor, who has been terminated or laid off, or received notice of termination or layoff, as a consequence of reductions in U.S. expenditures for defense or by closures of U.S. military facilities. Allows program grant funds also to be used to pay for the Federal share (75 percent) of such retraining with respect to an employee of eligible defense contractors or subcontractors if: (1) the employee is currently involved in defense work; (2) the retraining is designed to enable the employee to achieve placement and retention in unsubsidized employment that involves nondefense work and in which the employee has not been previously engaged; and (3) the employer certifies that the employee would have become an eligible dislocated worker without such retraining. Revises program administration provisions to require the Secretary to make available 50 percent of the grant amount to the entity within 15 days after application approval and the remainder upon submission of a report on eligible employees participating in the program and their current education skill levels and occupational abilities. Allows program grants to be used to reimburse an entity for funds expended under title III (Employment and Training Assistance for Dislocated Workers) of JTPA. Provides that program grants shall be: (1) in addition to assistance under any other title III provision; and (2) made without regard to whether the entity has expended funds available under such other provision. Deems to be an eligible employee (for purposes of JTPA title I general program requirements) a person who can benefit from, and is most in need of, program services. Directs the Secretary to prescribe program performance standards solely on the basis of placement and retention in unsubsidized employment (notwithstanding other JTPA provisions for performance standards). Presumes program services provided to eligible employees to be in compliance with such standards unless any person demonstrates their noncompliance.

A joint resolution designating July 2, 1992, as "National Literacy Day".

United States · United States Congress · 12 May 1992

Designates July 2, 1992, as National Literacy Day.

A joint resolution to designate the week commencing October 4, 1992, as "National Aviation Education Week".

United States · United States Congress · 12 May 1992

Designates the week beginning October 4, 1992, as National Aviation Education Week.

A bill to provide assistance to communities to improve drug abuse resistance education programs, and for other purposes.

United States · United States Congress · 7 May 1992

Amends the Omnibus Crime Control and Safe Streets Act of 1968 to authorize the Director of the Bureau of Justice Assistance to award grants to communities to pay the operating expenses associated with the costs and salaries incurred in the assignment of individuals within such communities as drug abuse resistance officers. Sets forth provisions regarding: (1) application requirements; (2) the allocation and distribution of grants; and (3) matching requirements (that the community provide one dollar for each three dollars of Federal funds provided). Authorizes appropriations. Amends the Drug-Free Schools and Communities Act of 1986 to provide that specified funds shall be used for grants to local educational agencies to provide drug abuse resistance education to students in grades kindergarten through 12 and to parent training programs. (Current law makes such funds available with respect to students in grades kindergarten through six.)

Economic Equity Act

United States · United States Congress · 7 May 1992

Economic Equity Act - Title I: Employment Opportunities - Subtitle A: Women in Apprenticeship Occupations and Nontraditional Occupations Act - Women in Apprenticeship Occupations and Nontraditional Occupations Act - Mandates: (1) a program to provide technical assistance to employers and labor unions to assist in preparing the workplace to employ women in apprenticeable occupations and other nontraditional occupations. Authorizes grants to community-based organizations to deliver the technical assistance; and (2) an outreach program to employers to inform employers of the availability of the technical assistance. Mandates a report to the appropriate congressional committees on the participation of women in apprenticeable and nontraditional occupations. Authorizes appropriations. Subtitle B: Commission on the Advancement of Women in the Science and Engineering Work Forces Act - Commission on the Advancement of Women in the Science and Engineering Work Forces Act - Establishes the Commission on the Advancement of Women in the Science and Engineering Work Forces. Subtitle C: Women and Minorities in Science and Mathematics - Women and Minorities in Science and Mathematics Act of 1992 - Amends the Higher Education Act of 1965 with regard to women and minorities who are underrepresented in science and mathematics to mandate grants and contracts for education programs. Modifies existing provisions regarding: (1) off-campus programs; (2) adult and continuing education staff development; (3) research and research application in adult and continuing education; (4) the "talent search" and "upward bound" programs; (5) midcareer teacher retraining; (6) school, college, and university partnerships; (7) professional development resource centers; (8) congressional teacher scholarships; (9) model and cooperative education; (10) graduate education program; (11) Harris fellowships; (12) graduate assistance in areas of national needs; (13) the Minority Science Improvement Program; and (14) science and engineering access programs. Subtitle D: Worker Retraining - Worker Retraining Act of 1992 - Mandates grants to not more than ten States to plan, establish, and operate retraining initiatives to allow low-income individuals to advance from low skill to higher skill positions. Authorizes appropriations. Title II: Women in Business - Subtitle A: Act for Microenterprise - Act for Microenterprise - Amends the Social Security Act to exclude business assets from consideration in determining: (1) eligibility for aid and services to needy families with children (AFDC); and (2) income and resources in connection with provisions relating to supplemental security income (SSI). Excludes income from a business with five or fewer employees, during the first year of the business, from consideration in determining the amount of aid under AFDC and SSI. Amends the Internal Revenue Code (IRC) to require approval of any State law making unemployment compensation payable to individuals starting microenterprises. Requires State law to entitle an individual performing services in a microenterprise to receive regular or extended unemployment compensation. Amends the Housing and Community Development Act of 1974 to allow assistance under certain provisions of the Act to be used for: (1) loans to commercial enterprises with five or fewer employees, one or more of whom own the enterprise; and (2) counseling, technical assistance, educational programs, planning, and training to facilitate such commercial enterprises. Amends the Small Business Act to set forth congressional findings regarding microenterprises and implementation of loan programs under specified provisions of the Small Business Act and the Small Business Investment Act of 1958. Amends the Home Owners' Loan Act to add references to microenterprise loans to provisions defining "qualified thrift investments." Requires each appropriate Federal banking agency to establish a division to be known as the Microenterprise Technical and Operations Office to offer technical assistance, training, outreach, and other support. Subtitle B: Microlend for the Future Act - Microlend for the Future Act - Authorizes the Administrator of the Small Business Administration to make loans and grants to community-based organizations for the startup and expansion of microenterprises, with the organizations using the loans to make loans and the grants to provide technical assistance to microenterprises. Authorizes appropriations. Subtitle C: Women's Business Procurement Assistance Act of 1992 - Women's Business Procurement Assistance Act of 1992 - Amends the Small Business Act to add references to small businesses owned and controlled by women to provisions concerning: (1) Government-wide goals for participation of small businesses in procurement; (2) U.S. policy on small business participation in Federal procurement and on timely payment by prime contractors to small business subcontractors; and (3) a clause required to be included in Federal agency contracts. Requires that each Federal agency having procurement powers: (1) designate a specialist responsible for programs to assist small businesses owned and controlled by women; and (2) engage in affirmative efforts to identify and solicit offers from such businesses and from small businesses owned and controlled by socially and economically disadvantaged individuals. Establishes in the Small Business Administration the Office of Women's Business Ownership. Subtitle D: Equal Surety Bond Opportunity Act - Equal Surety Bond Opportunity Act of 1992 - Prohibits the Secretary of the Treasury from approving a company as a surety unless it complies with the requirements of Federal law, as amended by this subtitle. Requires a surety company to notify a bond applicant of the reasons for an adverse action on the application. Prohibits discrimination against applicants: (1) on the basis of race, color, religion, national origin, sex, marital status, disability, or age; (2) because the applicant exercised any right under Federal law relating to sureties and surety bonds; or (3) because the applicant previously obtained a bond through specified means. Provides for civil penalties. Subtitle E: Small Business Access to Surety Bonding Survey Act of 1992 - Small Business Access to Surety Bonding Survey Act of 1992 - Requires the Comptroller General to conduct a survey and report to specified congressional committees on the experiences of businesses, especially small businesses, in obtaining surety bonds from corporate surety firms. Title III: Economic Justice - Subtitle A: Pay Equity Technical Assistance Act - Pay Equity Technical Assistance Act - Directs the Secretary of Labor to carry out a continuing program regarding reducing or eliminating, conducting research on, and providing technical assistance concerning wage disparities based on sex, race, or national origin. Subtitle B: Legislative Pay Equity Study - Declares that it is congressional policy that persons employed in the legislative branch shall receive equal pay for comparable work. Establishes the Commission on Employment Discrimination in the Legislative Branch. Subtitle C: Federal Council on Women Act - Federal Council on Women Act - Establishes in the legislative branch the Federal Council on Women to make recommendations on a wide range of issues and concerns relating to women. Subtitle D: Assured Minimum Child Support Projects - Child Support Assurance Act of 1992 - Directs the Secretary of Health and Human Services to make grants to not more than six States to establish or improve a system of assured minimum child support payments. Requires the custodial parent to have, or be in the process of obtaining, a child support award, or to have "good cause" in order to qualify for the program. Authorizes appropriations. Subtitle E: Social Services Block Grants - Social Services Block Grant Restoration Act of 1992 - Amends title XX (Block Grants to States for Social Services) of the Social Security Act to authorize increased appropriations under such title. Title IV: Retirement Equity - Subtitle A: Military Retired Pay - Amends the National Defense Authorization Act for Fiscal Year 1991 to apply amendments relating to retired pay to any divorces, dissolutions of marriage, annulments, and legal separations (currently, to any such events that occur more than 90 days after enactment of this Act). Subtitle B: Social Security Equity - Social Security Equity Act of 1992 - Amends title II (Old Age, Survivors, and Disability Insurance) (OASDI) of the Social Security Act to require, subject to certain requirements, that the combined earnings of an individual and his or her spouse, during their marriage, be divided equally for determining OASDI benefits. Title V: Equal Remedies Act of 1992 - Equal Remedies Act of 1992 - Amends Federal law relating to damages in cases of intentional employment discrimination to remove provisions limiting certain compensatory damages.

A bill to amend title 38, United States Code, to improve benefits in certain education and employment programs for veterans, and for other purposes.

United States · United States Congress · 7 May 1992

Increases the amount of basic monthly educational assistance to be paid to members of the all-volunteer force who serve in excess of two years of active duty from $300 to $500 and from $250 to $400 for members serving an initial period of two years of active duty. Makes similar increases in the amount of basic monthly educational assistance paid to members of the Selected Reserve pursuing programs of education on a full-time, three-quarter time, or half-time basis. Requires amounts currently required to be paid from the Defense Cooperation Account for veterans' and armed forces' educational assistance benefits under the Persian Gulf Conflict Supplemental Authorization and Personnel Benefits Act of 1991 to continue to be paid from such Account after the date of enactment of this Act. Extends through FY 1995 (currently, 1993) the authorization of appropriations to the Departments of Labor and Veterans Affairs to carry out programs of employment assistance, job training assistance, and other transitional services to members of the armed forces (and their spouses) who are being separated from active duty. Increases the amount currently authorized for such programs for FY 1992 and 1993. Directs the Secretary of Veterans Affairs (Secretary) and, to the extent provided in this Act, the Secretary of Labor to carry out a program to assist eligible veterans in obtaining, through training, employment in stable and permanent positions that involve significant training. Requires the program to pay employers who employ and train eligible veterans in such jobs for the costs of such training. Directs the Secretary of Labor to carry out his required responsibilities through the Assistant Secretary of Labor for Veterans' Employment and Training. Makes eligible for such job training and employment program any veteran who was discharged on or after August 2, 1990, and who either: (1) served on active duty for more than 90 days; (2) served on active duty and is entitled to veterans' disability compensation for a disability rated at 30 percent or more; or (3) was discharged or released from active duty because of a service-connected disability. Requires such veteran to: (1) be unemployed at the time of application to the program; (2) have been so unemployed for at least ten of the 15 weeks immediately preceding the date of application; and (3) submit an application within four years of the date of discharge or date of enactment of this Act, whichever is later. Outlines application requirements and requires the Secretary to issue certificates of eligibility to veterans meeting such requirements. Provides maximum periods of training for which assistance may be provided under the program. Requires a job training program, in order to be approved, to provide training for at least 12 months in an occupation in a growth industry or one requiring the use of new technological skills. Allows training programs of at least six months in duration to be approved by the Secretary if the purposes of this Act would be met. Allows an employer to be paid for job training provided to a veteran under an approved program unless the Secretary determines that the employer's application does not contain proper certifications or that the withholding of approval is otherwise warranted. Prohibits the Secretary from approving a program of job training: (1) for seasonal, intermittent, or temporary employment; (2) for employment under which commissions are the primary sources of income; (3) for employment involving political or religious activities; (4) for employment with the Federal Government; or (5) if the training will not be carried out in a State. Outlines employer application requirements for program approval, including certification that the employment of a veteran under the program will not result in the displacement of currently employed workers or workers laid off from the same or a substantially equivalent job. Authorizes the Secretary to withhold approval of an employer's proposed job training program until the end of an investigation compliance with application requirements. Provides that an approved program of apprenticeship or other on-job training for purposes of veterans' educational assistance benefits shall be considered to meet all program requirements established under this Act. Provides for quarterly payments to employers for approved job training programs, with a limit of $12,000 for any participating veterans. Allows the Secretary to make such payments monthly in order to relieve financial burdens on businesses with relatively few employees. Requires, before any such employer payments are made, receipt by the Secretary: (1) from the veteran, of a certification that the veteran was employed full-time by the employer in a program of job training during the applicable period; and (2) from the employer, of a certification that the veteran was employed during such period and performed satisfactorily, and of the number of hours worked by the veteran during the period. Requires all requests for payment to be made within two years after the training ends. Requires repayment by an employer of any amount overpaid or when non-compliance with program requirements occurs. Authorizes the Secretary to withhold or deny approval of a veteran's entry into an approved job training program if funds are not available to make payments to an employer on behalf of a veteran. Requires the employer to notify the Secretary of the employer's intention to employ the veteran after completion of the job training program. Authorizes an employer to enter into an agreement with an educational institution approved for the enrollment of veterans under which the institution provides the program of job training. Requires the employer's program approval application to state its intention to enter into such an agreement. Authorizes the Secretary to immediately disapprove further participation of a veteran in an approved program if the Secretary finds that such program thereafter fails to meet any requirements. Requires the Secretary to provide the employer and the affected veteran a statement of reasons for such disapproval, together with an opportunity for a hearing. Allows the Secretary to disapprove participation of veterans in a program if the rate of veterans' successful completion of the program is disproportionately low because of program quality deficiencies. Requires certain data to be taken into account when determining whether a success rate is disproportionately low. Requires such disapproval to remain in effect until adequate remedial measures have been taken. Requires employer records and books to be made available with respect to an approved program. Authorizes the Secretary to monitor employers and veterans and to investigate any matter considered necessary in order to determine compliance with applicable requirements. Authorizes the Secretary to administer such inspection, investigation, and monitoring functions in conjunction with the Secretary of Labor. Requires coordination of benefits paid under an approved program with other similar Federal programs and benefits. Prohibits payments to employers receiving certain other types of Federal assistance. Authorizes the Secretary and the Secretary of Labor to provide employment counseling services to assist any veteran eligible to participate in a job training program under this Act in selecting a suitable job training program. Directs the Secretary to provide a program of job-readiness skills development and counseling services to assist such veterans in finding, applying for, and successfully participating in a suitable job training program. Requires coordination of such activities with the veterans' readjustment counseling program. Directs the Secretary of Labor to provide for a program under which: (1) a disabled veteran's outreach specialist (specialist) is assigned as a case manager for each veteran participating in a job training program; (2) the veteran has an interview with the case manager within 60 days after entering the program; and (3) at least monthly contact is maintained with such veteran for purposes aimed at facilitating the veteran's successful completion of the program. Waives the assignment of a specialist case manager in specified circumstances. Directs the Secretary and the Secretary of Labor to provide a program of counseling and other services designed to resolve difficulties that may be encountered by veterans during their training under this Act. Directs the Secretary and the Secretary of Labor to jointly provide for an outreach and public information program to inform: (1) veterans about the employment and job training opportunities available under this Act; and (2) private industry and business concerns and all appropriate organizations, institutions, and associations about the job training opportunities available under, and the advantages of participating in, the program established under this Act. Directs the Secretary of Labor to promote the development of employment and job training opportunities for veterans by encouraging potential employers to make job training programs available for eligible veterans, by advising other Federal departments and agencies of the program, and by advising employers of applicable responsibilities under such program with respect to veterans. Requires such outreach and public information program to be coordinated with other programs offered under Federal provisions and by public agencies and organizations. Requires the Secretary of Labor, in carrying out responsibilities under these provisions, to use the services and resources of various directors, specialists, employees, and resources (including those available under title IV of the Job Training Partnership Act (JTPA)). Directs: (1) the Secretary of Labor to request and obtain from the Administrator of the Small Business Administration a list of small business concerns, and to update such list on a regular basis, in order to promote possible training and employment opportunities for veterans; (2) the Secretary and the Secretary of Labor to assist veterans and employers desiring to participate in the job training program with application and certification requirements; and (3) the Secretary of Labor, at least quarterly, to collect and compile information from State employment services and directors of State veterans' employment and training services the on the number of veterans receiving counseling services who are referred to employers, who participate in a job training program, and who complete such programs, or the reasons for noncompletion. Authorizes appropriations to the Department of Veterans Affairs for FY 1993 through 1995 for making payments to employers under this Act. Allows up to two percent of such funds to be used for administrative purposes. Prohibits assistance from being paid to an employer under this Act: (1) on behalf of a veteran who initially applies for a job training program after September 30, 1995; or (2) for any such program which begins after March 31, 1996. Amends the JTPA to require each job training plan under such Act to provide a preference in the provision of such employment and training opportunities to disabled veterans with service-connected disabilities, recently separated veterans, and homeless veterans. Amends the Stewart B. McKinney Homeless Assistance Act to provide that, beginning in FY 1993, 25 percent of the funds authorized for homeless assistance under such Act shall be available only to carry out projects which attempt to reintegrate homeless veterans into the labor force. Amends the veterans' home loan guaranty program to waive the collection of the home loan origination fee in the case of a veteran who: (1) is involuntarily separated before October 1, 1995; (2) prior to obtaining such guaranteed home loan, has not obtained housing loan benefits under the veterans' housing and small business loan provisions; and (3) has never held a present ownership interest in his or her principal residence. Waives the minimum active-duty service requirement, for purposes of eligibility for certain veterans' benefits, in the case of individuals who were on active duty or full-time duty with the National Guard on September 30, 1990, and after such date were involuntarily discharged or released under other than adverse conditions.

Utah Schools and Lands Improvement Act of 1992

United States · United States Congress · 7 May 1992

Utah Federal Lands Exchange Act of 1992 - Declares certain lands in Utah to be part of the Navajo Indian Reservation upon the completion of the conveyance and acceptance of title by the United States and the State of Utah pursuant to this Act. Authorizes and directs the Secretary of the Interior to acquire such lands through exchange of Federal lands. Directs the Secretary to send a list of lands to be offered for exchange to San Juan County, Utah. Prohibits such land from being offset against State lands exchanged pursuant to this Act. Bars the Secretary from offering any Federal lands or interests within the boundaries of designated wilderness areas, units of the National Park System, Indian reservations, Department of Defense withdrawals, areas under consideration for wilderness designation, or other Federal mineral interests withdrawn from mineral leasing. Prohibits the use of land acquired by the County for the dumping or storage of nuclear or hazardous waste. Declares certain lands in Utah to be part of the Goshute Indian Reservation. Authorizes and directs the Secretary to acquire such lands through exchange of Federal lands. Transfers lands under this Act without cost to the Navajo Nation, the State of Utah, and the Goshute Tribe. Directs the Secretary to offer to exchange Federal mineral interests in Utah for certain school trust lands owned by the State within units of the National Forest System. Incorporates such lands into national forests. Directs the Secretary to determine the value of interests to be offered and to deduct the percentage of mineral revenues allocated to Utah pursuant to the Mineral Leasing Act of 1920 from the appraised value of mineral interests. Recognizes revenues received by Utah from Federal mineral leasing as a matter of equity and not as a legal property right. Authorizes the Secretary to acquire all school and institutional trust lands within established units of the National Park System in Utah. Provides that trust lands located within the boundaries of the Glen Canyon Recreation Area shall be administered as a part of such recreation area. Directs the Secretary of the Treasury, upon conveyance of the trust lands by the State of Utah and acceptance of title by the Secretary of the Interior, to pay to certain funds an additional 25 percent of royalties, sales, bonuses, interest charges, penalties, and rentals collected pursuant to the Mineral Leasing Act for such period of time until the fair market value of such lands has been fully paid. Authorizes appropriations.

To amend title 38, United States Code, to improve benefits in certain education and employment programs for veterans, and for other purposes.

United States · United States Congress · 7 May 1992

Increases the amount of basic monthly educational assistance to be paid to members of the all-volunteer force who serve in excess of two years of active duty from $300 to $500 and from $250 to $400 for members serving an initial period of two years of active duty. Makes similar increases in the amount of basic monthly educational assistance paid to members of the Selected Reserve pursuing programs of education on a full-time, three-quarter time, or half-time basis. Requires amounts currently required to be paid from the Defense Cooperation Account for veterans' and armed forces' educational assistance benefits under the Persian Gulf Conflict Supplemental Authorization and Personnel Benefits Act of 1991 to continue to be paid from such Account after the date of enactment of this Act. Extends through FY 1995 (currently, 1993) the authorization of appropriations to the Departments of Labor and Veterans Affairs to carry out programs of employment assistance, job training assistance, and other transitional services to members of the armed forces (and their spouses) who are being separated from active duty. Increases the amount currently authorized for such programs for FY 1992 and 1993. Directs the Secretary of Veterans Affairs (Secretary) and, to the extent provided in this Act, the Secretary of Labor to carry out a program to assist eligible veterans in obtaining, through training, employment in stable and permanent positions that involve significant training. Requires the program to pay employers who employ and train eligible veterans in such jobs for the costs of such training. Directs the Secretary of Labor to carry out his required responsibilities through the Assistant Secretary of Labor for Veterans' Employment and Training. Makes eligible for such job training and employment program any veteran who was discharged on or after August 2, 1990, and who either: (1) served on active duty for more than 90 days; (2) served on active duty and is entitled to veterans' disability compensation for a disability rated at 30 percent or more; or (3) was discharged or released from active duty because of a service-connected disability. Requires such veteran to: (1) be unemployed at the time of application to the program; (2) have been so unemployed for at least ten of the 15 weeks immediately preceding the date of application; and (3) submit an application within four years of the date of discharge or date of enactment of this Act, whichever is later. Outlines application requirements and requires the Secretary to issue certificates of eligibility to veterans meeting such requirements. Provides maximum periods of training for which assistance may be provided under the program. Requires a job training program, in order to be approved, to provide training for at least 12 months in an occupation in a growth industry or one requiring the use of new technological skills. Allows training programs of at least six months in duration to be approved by the Secretary if the purposes of this Act would be met. Allows an employer to be paid for job training provided to a veteran under an approved program unless the Secretary determines that the employer's application does not contain proper certifications or that the withholding of approval is otherwise warranted. Prohibits the Secretary from approving a program of job training: (1) for seasonal, intermittent, or temporary employment; (2) for employment under which commissions are the primary sources of income; (3) for employment involving political or religious activities; (4) for employment with the Federal Government; or (5) if the training will not be carried out in a State. Outlines employer application requirements for program approval, including certification that the employment of a veteran under the program will not result in the displacement of currently employed workers or workers laid off from the same or a substantially equivalent job. Authorizes the Secretary to withhold approval of an employer's proposed job training program until the end of an investigation of compliance with application requirements. Provides that an approved program of apprenticeship or other on-job training for purposes of veterans' educational assistance benefits shall be considered to meet all program requirements established under this Act. Provides for quarterly payments to employers for approved job training programs, with a limit of $12,000 for any participating veterans. Allows the Secretary to make such payments monthly in order to relieve financial burdens on businesses with relatively few employees. Requires, before any such employer payments are made, receipt by the Secretary: (1) from the veteran of a certification that the veteran was employed full-time by the employer in a program of job training during the applicable period; and (2) from the employer, of a certification that the veteran was employed during such period and performed satisfactorily, and of the number of hours worked by the veteran during the period. Requires all requests for payment to be made within two years after the training ends. Requires repayment by an employer of any amount overpaid or when non-compliance with program requirements occurs. Authorizes the Secretary to withhold or deny approval of a veteran's entry into an approved job training program if funds are not available to make payments to an employer on behalf of a veteran. Requires the employer to notify the Secretary of the employer's intention to employ the veteran after completion of the job training program. Authorizes an employer to enter into an agreement with an educational institution approved for the enrollment of veterans under which the institution provides the program of job training. Requires the employer's program approval application to state its intention to enter into such an agreement. Authorizes the Secretary to immediately disapprove further participation of a veteran in an approved program if the Secretary finds that such program thereafter fails to meet any requirements. Requires the Secretary to provide the employer and the affected veteran a statement of reasons for such disapproval, together with an opportunity for a hearing. Allows the Secretary to disapprove participation of veterans in a program if the rate of veterans' successful completion of the program is disproportionately low because of program quality deficiencies. Requires certain data to be taken into account when determining whether a success rate is disproportionately low. Requires such disapproval to remain in effect until adequate remedial measures have been taken. Requires employer records and books to be made available with respect to an approved program. Authorizes the Secretary to monitor employers and veterans and to investigate any matter considered necessary in order to determine compliance with applicable requirements. Authorizes the Secretary to administer such inspection, investigation, and monitoring functions in conjunction with the Secretary of Labor. Requires coordination of benefits paid under an approved program with other similar Federal programs and benefits. Prohibits payments to employers receiving certain other types of Federal assistance. Authorizes the Secretary and the Secretary of Labor to provide employment counseling services to assist any veteran eligible to participate in a job training program under this Act in selecting a suitable job training program. Directs the Secretary to provide a program of job-readiness skills development and counseling services to assist such veterans in finding, applying for, and successfully participating in a suitable job training program. Requires coordination of such activities with the veterans' readjustment counseling program. Directs the Secretary of Labor to provide for a program under which: (1) a disabled veteran's outreach specialist (specialist) is assigned as a case manager for each veteran participating in a job training program; (2) the veteran has an interview with the case manager within 60 days after entering the program; and (3) at least monthly contact is maintained with such veteran for purposes aimed at facilitating the veteran's successful completion of the program. Waives the assignment of a specialist case manager in specified circumstances. Directs the Secretary and the Secretary of Labor to provide a program of counseling and other services designed to resolve difficulties that may be encountered by veterans during their training under this Act. Directs the Secretary and the Secretary of Labor to jointly provide for an outreach and public information program to inform: (1) veterans about the employment and job training opportunities available under this Act; and (2) private industry and business concerns and all appropriate organizations, institutions, and associations about the job training opportunities available under, and the advantages of participating in, the program established under this Act. Directs the Secretary of Labor to promote the development of employment and job training opportunities for veterans by encouraging potential employers to make job training programs available for eligible veterans, by advising other Federal departments and agencies of the program, and by advising employers of applicable responsibilities under such program with respect to veterans. Requires such outreach and public information program to be coordinated with other programs offered under Federal provisions and by public agencies and organizations. Requires the Secretary of Labor, in carrying out responsibilities under these provisions, to use the services and resources of various directors, specialists, employees, and resources (including those available under title IV of the Job Training Partnership Act (JTPA)). Directs: (1) the Secretary of Labor to request and obtain from the Administrator of the Small Business Administration a list of small business concerns, and to update such list on a regular basis, in order to promote possible training and employment opportunities for veterans; (2) the Secretary and the Secretary of Labor to assist veterans and employers desiring to participate in the job training program with application and certification requirements; and (3) the Secretary of Labor, at least quarterly, to collect and compile information from State employment services and directors of State veterans' employment and training services on the number of veterans receiving counseling services who are referred to employers, who participate in a job training program, and who complete such programs, or the reasons for noncompletion. Authorizes appropriations to the Department of Veterans Affairs for FY 1993 through 1995 for making payments to employers under this Act. Allows up to two percent of such funds to be used for administrative purposes. Prohibits assistance from being paid to an employer under this Act: (1) on behalf of a veteran who initially applies for a job training program after September 30, 1995; or (2) for any such program which begins after March 31, 1996. Amends the JTPA to require each job training plan under such Act to provide a preference in the provision of such employment and training opportunities to disabled veterans with service-connected disabilities, recently separated veterans, and homeless veterans. Amends the Stewart B. McKinney Homeless Assistance Act to provide that, beginning in FY 1993, 25 percent of the funds authorized for homeless assistance under such Act shall be available only to carry out projects which attempt to reintegrate homeless veterans into the labor force. Amends the veterans' home loan guaranty program to waive the collection of the home loan origination fee in the case of a veteran who: (1) is involuntarily separated before October 1, 1995; (2) prior to obtaining such guaranteed home loan, has not obtained housing loan benefits under the veterans' housing and small business loan provisions; and (3) has never held a present ownership interest in his or her principal residence. Waives the minimum active-duty service requirement, for purposes of eligibility for certain veterans' benefits, in the case of individuals who were on active duty or full-time duty with the National Guard on September 30, 1990, and after such date were involuntarily discharged or released under other than adverse conditions.

To amend title 10, United States Code, to allow members of the Selected Reserve to use educational assistance for graduate programs.

United States · United States Congress · 7 May 1992

Amends the Montgomery GI Bill educational assistance program to allow members of the Selected Reserve to use such assistance for the pursuit of graduate programs. (Currently, the use of such assistance is prohibited for pursuit of a program of education beyond the baccalaureate level.)