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Bill· HRH.R. 4465 (102nd)referred
United States · United States Congress · 12 March 1992
Amends the Solid Waste Disposal Act to revise provisions concerning standards for the location of hazardous waste treatment, storage, and disposal facilities. Requires such standards to include requirements related to adverse geologic settings, unstable terrain, ecological resources, proximity to residences, schools, hospitals, churches, and synagogues, complex hydrogeology, and vulnerable groundwater resources. Prohibits, unless the Administrator of the Environmental Protection Agency promulgates such standards by a specified deadline, the construction of a new treatment or disposal facility: (1) within one-half mile of a residence, school, hospital, church, or synagogue; (2) over or in a complex hydrogeology; or (3) over or in a recharge zone of an aquifer that is an actual or potential source of drinking water.
Bill· HRH.R. 4455 (102nd)referred
United States · United States Congress · 12 March 1992
Environmental Education Clearinghouse Act of 1992 - Amends the National Environmental Education Act to require the Director of the Office of Environmental Education to establish an Environmental Education Clearinghouse Division within such Office. Requires such Division to establish a program to collect environmental information and make it available to educational institutions in the United States for free and to other interested persons at a fee equal to reasonable costs of providing and mailing computer discs and publications. Authorizes appropriations.
Resolution· HCONRESH.Con.Res. 292 (102nd)open
United States · United States Congress · 12 March 1992
Expresses the sense of the Congress that, consistent with national sovereignty considerations, the position of the United States at the United Nations Conference on Environment and Development should: (1) place the highest priority on the success of the Conference by participating actively, particularly through the personal participation of the President; (2) negotiate international agreements that effectively reduce the threat of climate change and biological diversity loss; (3) propose or support an initiative on financing global environmental cooperation efforts that takes into account the additional costs of international environmental protection and the basic development goals of developing countries and increases accountability for the use of funds provided for environmental purposes; (4) seek to advance the development of a stronger international legal framework and the creation of appropriate institutional mechanisms for protecting the global environment; (5) promote public participation in environmental and development decisions at all levels; and (6) support new programs and institutions to help developing countries become more energy efficient and otherwise increase their capacity for acquiring and using technology to make their economies more environmentally sustainable, global goals of slowing deforestation of primary forests, the creation of a global action plan to raise the status of women, the development of new agreements to eliminate land-based sources of marine pollution, a process of international consultations aimed at identifying ways that poverty can be alleviated and natural resources better conserved through reduction of developing country debt burdens, the development of a reformed system of national accounting that would reflect full economic costs of environmental and resource degradation and the benefits of the sustainable use of natural resources, and programs that provide maternal and child health care, education and training especially for women, and voluntary family planning.
Law· SS. 2344 (102nd)enacted
United States · United States Congress · 11 March 1992
Veterans Health Care Amendments Act of 1992 - Title I: Mental Health - Part A: Post-Traumatic Stress Disorder - Veterans Post-Traumatic Stress Disorder Treatment Act of 1992 - Directs that a veteran diagnosed by the Department of Veterans Affairs as suffering from post-traumatic stress disorder (PTSD) be furnished care and services for such disorder by the Department, even if such disorder has not been determined to be service-connected. Makes eligible for such care and services a veteran who served on active duty in a theater of combat operations during World War II, the Korean conflict, the Vietnam era, the Persian Gulf War, or in any other area during a period in which hostilities occurred in such area. Requires a veteran who is referred by a Vet Center to a Department general health-care facility for a determination regarding such veteran's eligibility for PTSD care and services to be evaluated for diagnostic purposes within seven days of such referral. Requires the Secretary of Veterans Affairs, upon request of any eligible veteran, to furnish counseling to assist the veteran in overcoming any psychological problems associated with such service. Directs the Secretary, no later than June 1, 1992, to devise and initiate a plan to: (1) increase the availability of treatment of veterans suffering from PTSD to levels commensurate with their needs; and (2) enhance outreach activities to inform combat veterans (and their families) of the availability of such treatment and to encourage such veterans to participate in such treatment. Directs the Secretary to report to the Senate and House Veterans' Affairs Committees on the description and implementation of such plan. Directs the Secretary, in preparing such report, to consult with the Special Committee on Post-Traumatic Stress Disorder and the Advisory Committee on Readjustment of Vietnam and other War Veterans. Directs the Special Committee on Post-Traumatic Stress Disorder (Special Committee) to report concurrently to the Secretary and the veterans' committees setting forth its evaluation of a study required under prior law of postwar psychological problems of Vietnam veterans. Requires the Special Committee in 1993 and 1994 to update certain reports required under prior law relating to PTSD and its treatment. Directs the Secretary, in the budgetary documents submitted to the Congress in conjunction with the President's budget submission for FY 1994 and 1995, to identify amounts in the appropriations requests for Department accounts that are estimated to be obligated for various purposes relating to the provision of treatment for PTSD. Directs the Secretary to ensure that there are PTSD units in locations that are readily accessible to veterans residing in rural areas. Part B: Mental Illness Research and Education - Directs the Secretary, upon the recommendation of the Chief Medical Director (CMD) of the Department, to designate not more than five health-care facilities of the Department as locations for centers of mental illness research, education and clinical activities (especially for service-related conditions) and to establish and operate such centers at such locations. Requires the first such facility to be designated no later than January 1, 1993. Requires the Secretary to ensure the appropriate geographical distribution of such facilities. Prohibits the Secretary from designating any such facility as a mental illness research, education, and clinical center (MIC) unless such facility has an arrangement with an accredited medical school, graduate school of psychology, or nursing school which: (1) provides appropriate education and training in such matters; (2) has the ability to attract appropriate personnel for such research; (3) has a policy-making advisory committee; and (4) has the capability to conduct effective evaluations of the activities at such center. Authorizes appropriations for the operation of the MICs for FY 1993 through 1996. Requires such research to include an appropriate emphasis on the psychosocial dimension of mental illness and on proposals for furnishing care and treatment to veterans suffering from mental illness. Requires the CMD to ensure that useful information produced by MICs is disseminated through the Veterans Health Administration (VHA). Requires reports during 1993 through 1995 from the Secretary to the veterans' committees on experiences under the MIC program. Part C: Program of Marriage and Family Counseling for Certain Veterans - Directs the Secretary of Veterans Affairs to conduct a program for furnishing marriage and family counseling services to veterans who were awarded a campaign medal for active-duty service during the Persian Gulf War, reservists who were called or ordered to active duty during such War, and their spouses, dependents, and parents. Authorizes the Secretary to provide marriage and family counseling services that the Secretary determines, based on an assessment by a mental-health professional, is necessary for the amelioration of psychological, marital, or familial difficulties resulting from such active-duty service. Outlines provisions concerning the manner in which such services will be furnished, as well as qualifications required of the marriage and family counselors performing such services. Outlines provisions concerning counseling services provided by mental health professionals pursuant to Department of Veterans Affairs contracts, including the length of marriage and counseling services to be performed under the program. Prohibits the same person who performs the counseling needs assessment from furnishing the marriage and counseling services under the program, with a waiver of such prohibition under specified circumstances. Directs the Secretary to reimburse the mental health professionals for the reasonable costs of such counseling services. Provides cost recovery provisions. Authorizes appropriations for FY 1993 and 1994. Requires the Secretary to report an interim and final report to the Congress on such program, with recommendations. Title II: General Health Care - Part A: General Health - Authorizes the furnishing of prosthetic devices and certain other medical items as part of outpatient care when necessary either to obviate the need for hospital admission or in preparation for such. Requires the Secretary, in order for such authority to become effective, to determine that its implementation would not result in a substantial delay in furnishing such items in connection with the treatment of service-connected disabilities or in the denial of such items in connection with such treatment. Increases the amount authorized to be expended per veteran for improvements and structural alterations necessary to assure the continuation of treatment for a disability or to provide access to the home or to lavatory and sanitary facilities. Directs the Secretary to require the directors of Department medical centers or regional benefits offices to assess the needs of homeless veterans living within their service areas, including the needs of such veterans with respect to health care, education and training, employment, shelter, counseling, and outreach services. Requires each assessment to indicate the extent to which such needs are being adequately met by programs of the Department and other Federal, State, and local governments and agencies, as well as nongovernmental organizations. Requires each such director to develop a plan for each of fiscal years 1993 through 1995 for the provision of outreach and other services to meet veterans needs. Requires the coordination of such plans with other Federal, non-Federal, and private plans and programs with respect to the provision of services to homeless persons. Requires each director to carry out such plan and to disseminate to all other appropriate entities information regarding the services provided to homeless veterans by the medical facility or benefits office. Directs the Secretary to conduct a pilot program to determine the effectiveness of providing, through existing community-based organizations, domiciliary care to homeless veterans eligible for such care from the Department under other provisions of law. Requires the pilot program to be conducted at not more than 15 locations throughout the United States. Authorizes the Secretary to enter into contracts with community-based organizations to provide services under such program, giving preference to those that offer the most comprehensive care and services to homeless individuals and those not being adequately met by existing programs. Authorizes appropriations for FY 1992 through 1995. Authorizes the transfer of certain other funds for continuing pilot programs, with certain transfer limitations. Authorizes the Secretary to accept donations of funds and services for providing one-stop, nonresidential services and mobile support teams and for expanding the medical services available to eligible homeless veterans. Amends the Stewart B. McKinney Homeless Assistance Amendments Act of 1988 to extend the authorization of appropriations and the provision of certain programs for homeless veterans provided under such Act through FY 1993. Amends the Veterans' Benefits and Services Act of 1988 to extend through FY 1994 a program under such Act with regard to certain services for mentally ill homeless veterans. Requires the Secretary to report to the veterans' committees containing an evaluation of: (1) assessments and plans by medical center and benefits office directors with respect to homeless veterans; (2) the pilot program for the provision of domiciliary care to homeless veterans; and (3) the acceptance of gifts and services to provide nonresidential services and mobile support teams for expanding the medical services available to homeless veterans. Amends the Veterans' Benefits and Services Act of 1988 to extend through FY 1993 the authorization of appropriations for a pilot program which provides mobile health-care clinics for veterans residing in isolated rural areas. Directs the Secretary to establish the Advisory Committee on Prosthetics and Special-Disabilities Programs to advise the Secretary on: (1) all matters related to prosthetics and special-disabilities programs of the Department; (2) coordination of programs which develop and test prosthetic devices; and (3) the adequacy of funding for such programs within the Department. Requires the Advisory Committee to report to the Secretary and the veterans' committees annually in 1993 through 1995 on the effectiveness of the prosthetics and special-disabilities programs administered by the Secretary during the preceding fiscal year. Expands the definition of "medical services," for purposes of veterans' benefits provisions, to include services to overcome a service-connected disability impairing a veteran's ability to achieve procreation. Directs the CMD to appoint an advisory committee to advise the CMD on the exercise of authority to furnish such procreative-assistive services. Directs the Secretary, through FY 1996, to: (1) furnish annually at least two preventive health-care services that the Secretary determines are feasible and appropriate for any veteran being furnished hospital, nursing home, or domiciliary care or medical treatment under current veterans' benefits provisions; and (2) implement annually at each Department health-care facility a major preventive health-care and health-promotion initiative for such veterans. Limits the yearly expenditures for such activities. Requires the CMD to designate an official in the VHA to act as the Director of Preventive Health-Care and Health-Promotion Programs. Requires the Secretary to report on February 1 of 1994 and 1996 on interim and final experiences under the programs. Authorizes the Secretary to provide: (1) a service dog to a quadriplegic veteran who has a service-connected disability; and (2) a signal dog to a veteran who has a service-connected hearing impairment. Authorizes the payment of travel and incidental expenses to veterans for travel incurred in becoming adjusted to such service or signal dog. Directs the Secretary to report to the veterans' committees concerning the backlog that occurred in the procurement of prosthetic appliances in FY 1989 and on actions to be taken to prevent a recurrence of backlogs and failures to furnish appliances on a priority basis. Repeals the authority of the Department to furnish tobacco products to veterans receiving hospital or domiciliary care through the Department. Directs the Secretary to establish a task force to recommend policies and legislation for the elimination of inconsistencies among provisions of law relating to veterans' eligibility for certain health-care benefits. Requires the Secretary to review the report of the task force and either approve of its recommendations, make recommendations in lieu of such recommendations, or a combination of both and report thereon to the veterans' committees. Makes former prisoners of war eligible for outpatient medical services through the Department for any disability. Directs the Secretary, during FY 1992 through 1995, to conduct a pilot program to furnish assistive monkeys to quadriplegic veterans who have a service-connected disability rated at 50 percent or more. Directs the Secretary to: (1) consider the extent to which the veteran needs and can benefit from the assistance of the monkey; and (2) provide a preference for veterans who have service-connected quadriplegia. Requires a receiving veteran to be well-suited for caring for such monkey and for effectively using the monkey for the provision of assistance in performing daily living tasks. Provides administrative matters, including the making of contracts for the furnishing of such assistive monkeys. Requires the Secretary to evaluate and report to the veterans' committees on the pilot program. Requires the CMD, before furnishing such assistive monkeys under the pilot program, to provide for the conduct of an independent evaluation of the way that assistive monkeys would be treated during training and placement under the pilot program. Requires consultation with appropriate animal welfare organizations. Part B: Health-Care Personnel - Authorizes the provision of increased pay to any Department health-care personnel furnishing direct care to patients or providing incidental services on the same basis as pay is currently provided for nurses within the Department. Prohibits such added pay from exceeding by two times (currently, only exceeding) the amount by which the maximum for such pay grade exceeds the minimum for such grade. Directs the Secretary to increase the rates of pay for clinical or counseling psychologists who hold diplomas in psychology from an accredited authority recognized by the Secretary, unless the CMD determines that such psychologists are not needed to furnish the appropriate quality of psychological services for veterans. Makes such increase an amount needed to make their pay competitive with the pay of psychologists in comparable positions in a non-Department facility. Directs the Secretary to require the director of each Department medical facility and regional office to: (1) assess the needs of employees of such facility or office for child-care services; and (2) report annually to the Secretary on their findings, including a proposal to meet such needs. Includes board certification pay within certain other categories of special pay under Federal provisions guaranteeing that full and part-time physicians and dentists receiving special pay will continue to receive special pay of at least such amount after changes made to special pay provisions under the Department of Veterans Affairs Health-Care Personnel Act of 1991. Authorizes the Department to appoint and pay nonphysician directors of clinical support services within the VHA of the Department, as opposed to payment under a Federal employees' schedule. Title III: Minority Affairs - Reestablishes the Advisory Committee on Native-American Veterans as established under the Veterans' Health-Care Amendments of 1986. Requires the Advisory Committee to report to the Secretary, who in turn shall report to the veterans' committees, on findings and recommendations with respect to the needs of Native American veterans, including American Indians and Alaska Natives. Terminates such Advisory Committee 90 days after its second report. Title IV: Miscellaneous - States that the prohibition on the payment of attorneys' fees in connection with VA benefits proceedings applies only where the individual is applying for such benefits, and not when the Government is proceeding against a person to collect an indebtedness or in cases in which other attorneys' fees statutes apply. Authorizes the director of each national cemetery to display a prisoner of war/missing in action flag on a flagstaff at that cemetery. Prohibits any officer or employee of the Government from obligating appropriated funds for the purchase of such a flag at a national cemetery.
Bill· HRH.R. 4443 (102nd)open
United States · United States Congress · 11 March 1992
Amends the United States Institute of Peace Act to extend through FY 1997 the authorization of appropriations for the U.S. Institute of Peace. Authorizes the U.S. Institute of Peace, through its Board of Directors, to establish the Spark M. Matsunaga Scholars Program, which shall include the provision of scholarships and educational programs in international peace and conflict management and related fields for outstanding high school students, as well as scholarships to outstanding undergraduate students. Revises provisions relating to contracts, private gifts, and contributions.
Bill· HJRESH.J.Res. 439 (102nd)referred
United States · United States Congress · 11 March 1992
Designates April 6, 1992, as TV Busters' Day.
Bill· HJRESH.J.Res. 437 (102nd)referred
United States · United States Congress · 11 March 1992
Designates May 7, 1992, as National Substitute Teachers Day.
Bill· SS. 2327 (102nd)referred
United States · United States Congress · 10 March 1992
Amends the National School Lunch Act to suspend specified compliance and accountability rules issued by the Secretary of Agriculture.
Bill· HRH.R. 4417 (102nd)referred
United States · United States Congress · 10 March 1992
Department of Manufacturing and Commerce Act of 1992 - Renames the Department of Commerce as the Department of Manufacturing and Commerce. Directs 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.
Bill· HRH.R. 4420 (102nd)referred
United States · United States Congress · 10 March 1992
Capital Budgeting Act of 1992 - Amends Federal law to require that the budget the President submits to the Congress be a unified budget comprising an operating budget and a capital budget, each presented separately for unified funds, general funds, trust funds, and enterprise funds. Restricts the capital budget to the major activities, projects, and programs supporting the acquisition, construction, alteration, and rehabilitation of capital assets and the major programs and activities which support nonmilitary research and development, education and job training. Includes all other items in the operating budget. Requires the President to present certain additional information and to include, to the extent applicable, the capital investments by State and local governments not financed by the Federal Government. Directs the Comptroller General to review and report to the Congress, as necessary, on the implementation of this Act. Requires the Committee on the Budget of the House of Representatives to submit legislation to establish additional deficit targets under the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) beginning in FY 1994 which would require the eventual elimination of deficits in the operating account. Requires the House Committee on Government Operations to report legislation directing the Comptroller General to evaluate the value and usefulness: (1) of capital investments in the capital account on an annual basis; and (2) of proposed capital investments submitted to the House after enactment of this Act. Requires the House Committee on Rules to report legislation establishing rules to facilitate the enforcement of amendments made by this Act.
Bill· HRH.R. 4416 (102nd)referred
United States · United States Congress · 10 March 1992
Dire Emergency Job Creation Appropriations Act, 1992 - Makes dire emergency appropriations for FY 1992 to stimulate the economy and to create and retain productive jobs. Title I: Immediate Job Creation Through Vital Public Investments - Appropriates funds for the following investments in transportation to: (1) accelerate the resurfacing, restoration, and rehabilitation of the nation's interstate highway system; (2) accelerate the construction, reconstruction, restoration, and rehabilitation of highways and transit systems; (3) accelerate the construction, alteration, and rehabilitation of runways, taxiways, aprons, and roads within airport boundaries; and (4) accelerate the construction and rehabilitation of National Park Service roads and parkways and the completion of the Appalachian Development Highway System. Declares the Federal share payable for highway projects to be 95 percent. Provides for the apportionment to the States of such funds and exempts such funds from specified limitations. Makes additional funds available for: (1) community development grants; (2) community services block grants to encourage the creation of business and employment opportunities; and (3) child care and development block grants to improve the availability and quality of child care services. Makes additional funds available for investments in: (1) wastewater treatment facilities; (2) water resource, hydroelectric power, irrigation, and reclamation projects; (3) natural resource protection and enhancement; (4) urban forest maintenance; and (5) park and recreation area improvements. Appropriates additional funds for investments in: (1) public housing modernization; (2) rural housing improvements; (3) energy conservation home improvements for low-income households; and (4) military family housing improvements in the United States. Appropriates an additional amount to restore the prior level of Federal support for economic development purposes as in effect immediately before September 30, 1982. Appropriates additional amounts to create jobs and promote economic development in the Appalachian and Tennessee Valley regions. Makes additional new and direct guaranteed loan authority available to increase small business opportunities. Makes available additional loan authority and additional funding for investments in: (1) rural electrification and telephone system upgrades; (2) watershed and conservation development; and (3) rural water and sewer improvements. Appropriates additional funds for: (1) maintaining and protecting public investment in Federal buildings; (2) improving facilities for veterans; (3) expanding and modernizing correctional facilities; (4) improving Indian health/reservation facilities; (5) constructing Federal biomedical research facilities; and (6) accelerating library construction. Appropriates funds to the Department of Labor to establish the emergency job creation program to provide productive jobs in an expeditious manner. Sets forth administrative provisions for such program. Requires the use of such funds to provide unemployed individuals with temporary employment for not more than six months for the repair, maintenance, and rehabilitation of publicly-owned facilities or for the conservation, rehabilitation, and improvement of public lands. Provides for allocating such funds to the territories, native Americans, and the States. Title II: Short-Term Assistance for Those Adversely Affected by the Economic Downturn - Makes additional funds available for: (1) the emergency food and shelter program of the Federal Emergency Management Agency; (2) retraining displaced workers who have been adversely affected by the recession; (3) the special supplemental food program for women, infants, and children (WIC); and (4) the emergency food assistance program. Title III: Investments for Long-Term Economic Expansion - Appropriates additional funds for certain research and development and advanced technology programs concerning: (1) high energy physics; (2) advanced technology and technology transfer; (3) research facility upgrades; and (4) oceanic and atmospheric research. Appropriates additional funds for investments in education through: (1) the Head Start program; (2) vocational skills improvement; (3) construction, reconstruction, or rehabilitation of academic and residential facilities; and (4) science and engineering education and human resources programs. Title IV: General Provisions - Prohibits appropriations contained in this Act from remaining available for obligation beyond the current fiscal year unless expressly so provided. Designates all funds in this Act as emergency requirements for purposes of the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act).
Bill· SS. 2320 (102nd)open
United States · United States Congress · 5 March 1992
Universal Health Care Act of 1992 - Amends the Public Health Service Act to create a national health insurance program. Entitles each individual who is a U.S. resident and a citizen, national, or lawful resident alien to benefits under the program. Allows coverage of nonimmigrant aliens in certain circumstances. Provides for enrollment mechanisms. Lists covered benefits, including certain: (1) inpatient and outpatient hospital care; (2) services of health care professionals; (3) diagnostic tests; (4) pre-natal, post-natal, and well-baby care; (5) preventive services; (6) prescription drugs and biologicals; (7) dental care; (8) vision care; (9) nursing facility services; (10) hospice care; (11) inpatient and outpatient mental disorder care; (12) drug and alcohol abuse or dependency treatment services; and (13) home and community-based services. Prohibits coinsurance, deductibles, or copayments for such services. Allows payment only: (1) to providers who have entered into a participation agreement; and (2) if the conditions and limitations specified in certain provisions of title XVIII (Medicare) of the Social Security Act are met. Allows an individual State to provide for additional coverage or expanded eligibility, with the costs absorbed by that State. Mandates a report to the Congress on coverage for mental disorders and drug and alcohol abuse. Excludes from coverage most of the items and services excluded from Medicare coverage. Provides for the establishment of a list of approved prescription drugs and biologicals, durable medical equipment and therapeutic devices and equipment. Bases payment for hospital and nursing facility services on an annual budget for the institution approved by the Secretary of Health and Human Services. Provides for capital and medical education budgeting. Requires the Prospective Payment Assessment Commission, instead of conducting activities under specified Medicare provisions, to: (1) advise the Secretary concerning approval of budgets; and (2) annually report to the Congress and the Secretary. Provides for payments for other facility-based services. Limits payments for home and community-based services. Establishes the Long-Term Care Payment Review Commission. Requires payment for the services of health care professionals to be based on a fee schedule. Renames the Physician Payment Review Commission (established under Medicare) as the Professional Payment Review Commission. Requires the Commission, instead of conducting activities under Medicare, to advise the Secretary on the fee schedule. Provides for payments for other items and services, mandating the appointment of a General Health Care Payment Review Commission to advise the Secretary on a fee schedule. Authorizes competitive contracts for claims processing. Requires payment under these provisions to be accepted as payment in full. Prohibits payment to most Federal providers providing services to the public generally as a community institution or agency and any provider obligated by law or contract to render services at public expense. Directs the Secretary to establish a system for the reporting of information sufficient to provide for the review and approval of budgets under these provisions. Requires payment schedules to be constructed so as to encourage providers to practice or locate in rural and medically underserved areas. Mandates administration of the program through the Health Care Financing Administration, but allows a State to administer the program on request until the State fails to comply with the requirements of this Act. Directs the Secretary to establish each year a national health budget and, for each State, a State health budget stating the level and application of expenditures under this Act and the amount in and source of revenues of the National Health Trust Fund. Prohibits expenditures in the budget from exceeding expenditures for the previous year increased by the increase in the gross national product. Requires the budget to include capital and medical education items. Creates the National Health Trust Fund. Appropriates to the Fund: (1) the taxes imposed on employees, employers, and self-employed individuals by provisions of the Internal Revenue Code (IRC) relating to hospital insurance; (2) the taxes imposed by amendments to the IRC made by this Act; and (3) amounts paid by States under amendments to the Public Health Service Act made by this Act. Deposits in the Fund long-term care/health care premiums imposed by this Act. Transfers to the Fund any amount remaining in the Federal Hospital Insurance Trust Fund or the Federal Supplementary Medical Insurance Trust Fund after payment of claims under Medicare. Mandates payments to the Fund from States according to a specified formula. Establishes the National Health Advisory Board and an advisory board in each State to advise the Secretary on implementation of the amendments made to the Public Health Service Act by this Act. Applies to the amendments made to the Public Health Service Act by this Act specified Medicare provisions relating to: (1) definitions; (2) skilled nursing facilities; (3) clinical diagnostic laboratory tests; (4) consultation with State agencies and other organizations; (5) agreements with service providers; (6) emergency medical conditions and women in labor; (7) determinations and appeals; (8) overpayment on behalf of individuals and settlement of claims for benefits on behalf of deceased individuals; (9) regulations, application of certain provisions of title II (Old Age, Survivors, and Disability Insurance) of the Social Security Act, designation of organization or publication by name, and administration; (10) payments to health maintenance organizations and competitive medical plans; (11) physician referrals; (12) the provider reimbursement review board; (13) home health agencies and home health quality; and (14) breach of scholarship and loan contracts. Applies to the amendments made to the Public Health Service Act by this Act specified provisions of title XI (General Provisions and Peer Review) of the Social Security Act relating to: (1) fraud and abuse; (2) nonprofit hospital philanthropy; (3) organ procurement; (4) outcomes research; and (5) peer review of utilization and quality. Applies to the amendments made to the Public Health Service Act by this Act specified provisions of title II (Old Age, Survivors and Disability Insurance) of the Social Security Act relating to payments into the Treasury and benefit payments involving the Old-Age and Survivors, Disability, Hospital, and Supplementary Medical Insurance Trust Funds. Allows the sale of private insurance to cover benefits not covered under the amendments made by this Act. Amends the Internal Revenue Code to increase tax rates for corporations, individuals, estates and trusts, employer hospital insurance, and self-employment income hospital insurance. Eliminates the dollar limitation on the amount of wages subject to employee and employer hospital insurance taxes. Removes provisions excluding certain State and local employees from hospital insurance taxes. Increases the portion of social security benefits subject to taxation. Imposes on individuals 65 years old and older, except those with an adjusted gross income under a specified amount, a monthly long-term care/health care premium. Declares that it is the sense of the Senate that the chairman of the Committee on Finance should recommend additional Internal Revenue Code provisions that may be necessary to assist in meeting the funding requirements of this Act. Terminates, after December 31, 1994, benefits and payments under titles XVIII (Medicare) and XIX (Medicaid) of the Social Security Act, the Civilian Health and Medical Program of the Uniformed Services (CHAMPUS), and provisions of Federal law relating to hospital, nursing home, domiciliary, and medical care for veterans.
Bill· HRH.R. 4396 (102nd)open
United States · United States Congress · 5 March 1992
District of Columbia Omnibus Anti-Crime Act of 1992 - Title I: Expanded Penalties for Crimes of Violence - Amends the District of Columbia Code (DC Code) to provide for mandatory life imprisonment (as under current law) without parole for first degree murder. Subjects persons convicted of assault with intent to commit bodily injury to up to ten years' imprisonment. Provides that whoever in the commission of specified acts of assault on a member of a police force or fire department does not employ force likely to cause serious bodily harm or death or does not use a deadly or dangerous weapon shall be fined up to $500, imprisoned for up to 90 days, or both. Title II: Penalties for Activities Relating to Criminal Drug Enterprises and Distributing Drugs in Vicinity of Schools - Amends the District of Columbia Uniform Controlled Substances Act of 1981 (Uniform Act), to provide for an enhanced penalty (imprisonment, fine, or both, up to twice that authorized) for distribution or manufacturing controlled substances in or near schools, colleges, youth centers, public swimming pools, or video arcades. Sets a mandatory minimum sentence, except with respect to offenses involving five grams or less of marijuana. Provides for an enhanced penalty and a mandatory minimum sentence for distribution of a controlled substance to a pregnant woman. Amends: (1) the Dangerous Weapons Act to provide for an enhanced penalty for crimes involving dangerous weapons committed in or near schools and colleges; (2) the Firearms Control Regulation Act to provide for a fine of up to $10,000, imprisonment of up to ten years, or both, for persons over age 21 who illegally sell, transfer, or distribute a firearm, destructive device, or ammunition to anyone under age 18; and (3) the Uniform Act to subject those who attempt or conspire to commit serious drug-related crimes to the same penalties as those who commit the crimes which were the objects of such attempt or conspiracy (currently, punishable by imprisonment, fine, or both, which may not exceed the maximum authorized for the underlying offense). Revises DC Code provisions concerning victim impact statements and the rights of crime victims. Specifies that each victim of a crime of violence shall have the right to: (1) be present at the defendant's trial, sentencing, and parole hearings; (2) submit, prior to the imposition of sentence, a written victim impact statement (as under current law); (3) offer at the time of sentencing an oral or written statement of the victim's opinion of the sentence that should be imposed on the defendant and have such statement entered into the record; and (4) offer, at the defendant's parole hearings, an oral or written statement of the victim's opinion of whether or not the defendant should be granted parole. Sets forth additional provisions, including notification to the victim of the right to submit and offer statements and any changes in the defendant's status. Permits individuals 14 years of age or older (currently, 16) to be tried as adults for certain serious crimes. Title III: Revision of Standards for Bail and Pretrial Detention - Revises DC Code provisions with respect to release prior to trial and pretrial detention. Provides that, upon the appearance before a judicial officer (officer) of a person charged with an offense (other than first-degree murder), the officer shall issue an order that, pending trial, the person be: (1) released on personal recognizance or upon execution of an unsecured bond; (2) released on a condition or combination of specified conditions (condition); (3) temporarily detained to permit revocation of conditional release, deportation, or exclusion; or (4) detained. Requires the officer to order the pretrial release of the person on personal recognizance, or upon execution of an unsecured appearance bond in an amount specified by the court, subject to the condition that the person not commit a crime during the period of release, unless the officer determines that such release will not reasonably assure the appearance of the person as required or will endanger the safety of another person or the community (in which case such officer shall order the person's pretrial release, subject to such condition, and subject to the least restrictive further condition that the officer determines will reasonably assure such person's appearance and the safety of any other person and the community). Authorizes the officer to conduct an inquiry into the source of the property to be designated for potential forfeiture or offered as collateral to secure a bond and requires such officer to decline to accept the designation or the use as collateral of property that, because of its source, will not reasonably assure the person's appearance. Bars the officer from imposing a financial condition that results in the pretrial detention of the person. Entitles a person for whom conditions of release are imposed and who, after 24 hours from the time of the release hearing, continues to be detained as a result of inability to meet the conditions of release, upon application, to have the conditions reviewed by the officer who imposed them. Sets forth additional provisions with respect to such review. Authorizes the officer to impose additional or different conditions of release. Requires the officer, in determining whether there are conditions of release that will reasonably assure the appearance of the person as required and the safety of any other person and the community, to take into account available information concerning the nature and circumstances of the offense charged, the weight of the evidence against the person, the history and characteristics of such person, and the nature and seriousness of the danger to any person or the community that would be posed by such person's release. Directs the officer, when ordering the pretrial release of the person on personal recognizance or upon execution of an unsecured appearance bond, to: (1) include a written statement that sets forth all the conditions to which the release is subject in a manner sufficiently clear and specific to serve as a guide for the person's conduct; and (2) advise the person of the penalties for, and consequences of, violating a condition of release, and of provisions of the District of Columbia Theft and White Collar Crimes Act of 1982 (relating to intimidation of witnesses, jurors, and officers of the court, obstruction of criminal investigations, and retaliation against a witness, victim, or informant). Requires the officer, upon a determination that a person charged with an offense (other than first-degree murder) is, and was at the time the offense was committed, on release pending trial for a felony or pending imposition or execution of sentence, appeal of sentence or conviction, or completion of sentence, or on probation or parole, or not a U.S. citizen or resident alien, and may flee or pose a danger to any person or the community, to: (1) order the detention of the person for a period of not more than ten days (excluding weekends and holidays); and (2) direct the attorney for the Government to notify the appropriate court, probation, or parole official, local or State law enforcement official, or official of the Immigration and Naturalization Service. Specifies that, if the official fails or declines to take the person into custody during that period, the person shall be treated in accordance with this title, notwithstanding the applicability of other provisions of law governing release pending trial or deportation or exclusion proceedings. Sets forth additional provisions with respect to: (1) burdens of proof and presumptions; (2) the holding of a hearing to determine whether any conditions will reasonably assure the appearance of the person as required and the safety of any other person and the community; (3) the initiation by the attorney for the Government of a pretrial detention hearing by ex parte motion and the holding of such hearing; (4) detention of the person pending completion of the hearing; and (5) review and appeal of a release or detention order. Title IV: Superior Court of the District of Columbia - Increases the number of associate judges of the D.C. Superior Court from 58 to 60, effective October 1, 1992, and to 62, effective October 1, 1993. Authorizes appropriations for the operation of such Court during FY 1993. Revises DC Code provisions to expand the authority of hearing commissioners to make findings and enter final orders or judgments with respect to specified proceedings, including certain landlord-tenant disputes, small claims proceedings, criminal misdemeanors, and uncontested probate and fiduciary proceedings. Increases the maximum amount in controversy permitted for cases under the jurisdiction of the Small Claims and Conciliation Branch of the D.C. Superior Court. Title V: Dealth Penalty for Murders - Provides for the imposition of the death penalty for murders (where a person intentionally, knowingly, or through recklessness manifesting extreme indifference to human life, or through the intentional infliction of serious bodily injury, caused the death of a person) in the District of Columbia, with respect to offenses committed after the expiration of the six-month period beginning on the date of the enactment of this Act, unless during such period the registered electors of the District of Columbia vote to reject such amendment by referendum. Title VI: Repeal of Youth Rehabilitation Amendment Act of 1985 - Repeals the Youth Rehabilitation Amendment Act of 1985.
Bill· HRH.R. 4409 (102nd)open
United States · United States Congress · 5 March 1992
National Marine Sanctuaries Reauthorization Act - Amends title III (Marine Sanctuaries) of the Marine Protection, Research, and Sanctuaries Act of 1972 to modify: (1) various definitions; (2) the factors to be considered, and the procedures to be used, in designating sanctuaries; and (3) provisions relating to certain access and use rights. Directs the Secretary of Commerce to carry out research, monitoring, and education activities. Declares that proceeds from forfeiture actions constitute a separate recovery in addition to any amounts recovered as civil penalties or damages. Declares that specified other provisions of Federal law limiting the liability of a vessel owner do not limit recovery under the Act. Removes provisions regulating the use of civil penalties. Modifies the required use of other recovered amounts. Authorizes appropriations. Authorizes establishment of advisory councils to assist in the management of sanctuaries. Prohibits: (1) destruction or injury of any marine sanctuary resource; (2) possession, sale, or transportation of any sanctuary resource taken in violation of these prohibitions; and (3) any violation of the title amended by this Act. Designates title III as the National Marine Sanctuaries Act.
Bill· HRH.R. 4407 (102nd)referred
United States · United States Congress · 5 March 1992
Employment and Economic Growth Act - Directs the Secretary of Labor (the Secretary) to make grants to States and service delivery areas (SDAs) to assist local job projects. Requires that 90 percent of appropriations for this Act for each fiscal year be allotted to States for allocation to SDAs on the basis of: (1) relative number of unemployed individuals residing in areas of substantial unemployment within each SDA; and (2) relative number of economically disadvantaged individuals within areas of substantial poverty in each SDA. Requires that the remaining ten percent of appropriations be distributed by the Secretary on a competitive basis to SDAs experiencing long-term or high unemployment or poverty. Requires expenditure of the following minimum portions of each SDA allocation: (1) at least 70 percent for employment projects, including wages and benefits, for individuals employed in public service or public works jobs; and (2) at least 15 percent for employment benefits. Limits the maximum portion of such allocation which may be expended for: (1) on-the-job training contracts to 25 percent; (2) supplies, tools, and equipment to ten percent; (3) administration, intake, and assessment to ten percent; and (4) education, basic skills, classroom training, and supportive services (such as transportation, stipends and child care) to 20 percent. Makes individuals eligible for project participation if they: (1) are at least 16 years old; and (2) have been unemployed for 30 days from a full-time position or are working part-time because of being displaced from a full-time position. Requires SDAs to give priority for participation to: (1) individuals receiving unemployment insurance for at least three months, individuals receiving cash welfare assistance, veterans, discouraged workers, the homeless, and any member of such additional group as the SDA defines as "at risk" in its job training plan; and (2) individuals with basic skill deficiencies and individuals who do not have a certificate of graduation from high school or recognized equivalent. Make ineligible for participation individuals eligible for retirement benefits. Sets forth wages, maximum hours, benefits, and working conditions for participants, including supportive and employment-related services. Sets forth requirements for administration of projects. Requires SDAs, in order to receive such project funds, to provide specified types of amendments, supplements, or modifications of their job training plans which are submitted to the State under the Job Training Partnership Act (JTPA). Provides for review and approval of such supplemental job training plans by the Governor. Sets forth types of community service jobs and community improvement jobs that may be made available to individuals with funds provided under this Act. Sets forth program design requirements, limits on the maximum number of supervisors, and prohibited expenditures. Grants the Comptroller General, the Secretary, and the Inspector General of the Department of Labor the same administrative and investigating authority with respect to funds under this Act as under specified JTPA provisions. Authorizes appropriations.
Bill· HJRESH.J.Res. 432 (102nd)referred
United States · United States Congress · 4 March 1992
Designates April 26 through May 2, 1992, as National Adult and Continuing Education Week.
Bill· SS. 2305 (102nd)referred
United States · United States Congress · 3 March 1992
Crime Control Act of 1992 - Title I: Death Penalty - Federal Death Penalty Act of 1992 - Amends the Federal criminal code to establish criteria for the imposition of the death penalty for Federal crimes. Requires the Government, for any offense punishable by death, to serve notice upon the defendant a reasonable time before trial or acceptance of a plea, or at such time thereafter as the court may permit upon a showing of good cause, that it intends to seek the death penalty and the aggravating factors upon which it will rely. Requires a separate sentencing hearing before a jury, or the court upon motion by the defendant, when the defendant is found guilty or pleads guilty to an offense punishable by death. Allows the defendant and the Government to present any information relevant to sentencing, without regard to the rules of evidence, but permits evidence to be excluded where its probative value is substantially outweighed by the danger of creating unfair prejudice, confusing the issues, or misleading the jury. Permits the Government to present information concerning the effect of the offense on the victim and the victim's family, including oral testimony, a victim impact statement, and other relevant information. Specifies mitigating factors which the defendant must establish by a preponderance of the information and aggravating factors which the Government must provide beyond a reasonable doubt. Sets forth special aggravating factors for: (1) treason, espionage, homicide, and the attempted murder of the President; and (2) drug offenses punishable by the death penalty (such factors include previous serious drug felony convictions, use of a firearm in committing or furthering certain continuing criminal enterprises, use of minors in trafficking, and lethal adulteration of controlled substances). Directs the court, or the jury by unanimous vote, to recommend the death penalty upon a finding of at least one aggravating factor and no mitigating factor, or one or more aggravating factors which outweigh any mitigating factors. States that no person who was under 18 years of age at the time of the offense or who is mentally retarded may be sentenced to death. Requires the court to instruct the jury not to consider the race, color, religion, national origin, or sex of the defendant or victim in its consideration of the sentence. Establishes procedures for appeal from a death sentence. Requires the court of appeals, upon consideration of the record and the information and procedures of the sentencing hearing, to affirm the decision if: (1) the sentence was not imposed under the influence of passion, prejudice, or any other arbitrary factor; (2) the information supports the finding of aggravating factors; and (3) the proceedings did not involve any other prejudicial error requiring reversal of the sentence that was properly preserved for and raised on appeal. Specifies that the court of appeals, in a case in which the sentence is not affirmed, shall remand the case for reconsideration or for imposition of another authorized sentence as appropriate, subject to specified requirements. Requires the court to provide a written explanation of its determination. Sets forth procedures for the implementation of a sentence of death. Prohibits a sentence of death from being carried out upon a person who lacks the mental capacity to understand the death penalty and why it was imposed on that person, or upon a woman while she is pregnant. Prohibits requiring any employee of any State department of corrections, the Federal Bureau of Prisons (BOP), the U.S. Marshals Service, or any employee providing services to that department, bureau, or service under contract to be in attendance or to participate in any execution if such participation is contrary to such employee's moral or religious convictions. Provides for the appointment of counsel in Federal cases where a defendant against whom a sentence of death is sought, or on whom such sentence has been imposed, for an offense against the United States, is or becomes financially unable to obtain adequate representation. Sets forth additional provisions with respect to: (1) representation before and after review of judgment; (2) standards for competence of counsel; and (3) claims of ineffectiveness of counsel. Sets forth provisions regarding: (1) deadlines for collateral attacks on judgments imposing a sentence of death; and (2) stays of execution. Limits the circumstances under which a person subject to the criminal jurisdiction of an Indian tribal government may be executed under this Act. Provides for the imposition of the death penalty for specified Federal crimes, including: (1) treason; (2) delivering defense information to aid a foreign government; (3) specified Controlled Substances Act (CSA) offenses committed as part of a continuing criminal enterprise; (4) certain felony violations of the CSA, the Controlled Substances Import and Export Act (CSIEA), or the Maritime Drug Law Enforcement Act; (5) murders committed by prisoners in Federal correctional institutions; (6) certain offenses relating to drive-by shootings; (7) kidnappings which result in the death of any person; (8) attempting to kill the President of the United States (if such attempt results in bodily injury or comes dangerously close to causing the President's death); (9) murder in the aid of a racketeering activity; (10) civil rights murders and certain murders involving damage to religious property or obstruction of persons in the free exercise of religious belief; (11) genocide; (12) murder of Federal law enforcement officers, or of State or local law enforcement officers assisting Federal officers; (13) torture, if death results; (14) murder of Federal witnesses in the Witness Protection Program; (15) gun murders during Federal crimes of violence and drug trafficking crimes; (16) rape and child molestation murders; (17) causing death in the sexual exploitation of children; (18) specified offenses under the Federal Aviation Act of 1958 (FAA); (19) using, or attempting or conspiring to use, a weapon of mass destruction, if death results; (20) first-degree murders involving the use of a firearm or other dangerous weapon in a Federal facility; (21) murder by escaped prisoners; and (22) murders in the District of Columbia. Increases penalties for obstruction of justice offenses against court officers and jurors, and for retaliatory killings of witnesses, victims, and informants. Sets forth penalties for: (1) performing or attempting an act of violence against a person at an airport serving international civil aviation which causes or is likely to cause serious injury or death; (2) destroying or seriously damaging the facilities of, or a civil aircraft not in service at, such airport; or (3) disrupting the services of such airport, if such an act endangers or is likely to endanger safety. Amends the FAA to delete a limitation on the applicability of aircraft piracy provisions to situations where the place of takeoff or of actual landing of the aircraft on board which the offense is committed is situated outside the territory of the State of registration of such aircraft. Establishes penalties for acts of violence against maritime navigation, such as seizing control of a ship by force, threat, or intimidation, and performing acts of violence against persons on board a ship that are likely to endanger safe navigation. Sets forth analogous provisions with respect to maritime fixed platforms. Sets forth provisions with respect to U.S. jurisdiction over the territorial sea and over crimes against U.S. nationals on foreign vessels. Title II: Habeas Corpus Reform - Subtitle A: General Habeas Corpus Reform - Habeas Corpus Reform Act of 1992 - Amends the Federal judicial code to establish a one-year statute of limitations for habeas corpus actions brought by State prisoners. Vests authority to issue certificates for probable cause for appeal of habeas corpus orders exclusively in the courts of appeals. Permits denial on the merits of habeas corpus writs notwithstanding the failure to exhaust State remedies. Prohibits the granting of a petition for habeas corpus with respect to any claim which has been fully and fairly adjudicated in State proceedings. Sets forth provisions with respect to the appointment of counsel. Subtitle B: Death Penalty Litigation Procedures - Death Penalty Litigation Procedures Act of 1992 - Amends the Federal judicial code to set forth special habeas corpus procedures in capital cases. Applies such procedures to Federal habeas corpus cases brought by prisoners in State custody who are subject to a capital sentence. Makes the applicability of such procedures contingent upon a State establishing a mechanism for the appointment, compensation, and payment of reasonable litigation expenses of competent counsel in State post-conviction proceedings brought by indigent prisoners whose capital convictions and sentences have been upheld on direct appeal to the court of last resort in the State or have otherwise become final for State law purposes. States that the rule of court on statutes establishing such mechanism must provide standards of competency for the appointment of such counsel. Specifies that any such mechanism must offer counsel to all State prisoners under capital sentence and must provide for the entry of an order by a court of record: (1) appointing counsel to represent the prisoner upon a specified finding; (2) finding that the prisoner has rejected the offer of counsel and made the decision with an understanding of its legal consequences; or (3) denying the appointment of counsel upon a finding that the prisoner is not indigent. Provides for a mandatory stay of execution during the post-conviction review initiated pursuant to this Act. Details conditions which will cause such stay to expire. Prohibits a Federal court, if one of such conditions has occurred, from entering a stay of execution or granting relief in a capital case unless: (1) the basis for the stay and request for relief is a claim not previously presented in the State or Federal courts; (2) the failure to raise the claim was the result of State action in violation of the Constitution or laws of the United States, was the result of a recognition by the Supreme Court of a new Federal right that is retroactively applicable, or is due to the fact that the claim is based on facts that could not have been discovered through the exercise of reasonable diligence in time to present the claim for State or Federal post-conviction review; and (3) the facts underlying the claim would be sufficient, if proven, to undermine the court's confidence in the jury's determination of guilt of the offense for which the death penalty was imposed. Imposes time limits on filing for habeas corpus relief. Requires such time limits to be tolled under specified conditions. Requires the district court, upon the development of a complete evidentiary record, to rule on the merits of the claims properly before it. Makes the requirement for a certificate of probable cause inapplicable, with exceptions, where: (1) a second or successive petition is filed; and (2) certain requirements under a unitary review procedure (i.e., a State procedure that authorizes a person under sentence of death to raise, in the course of direct review of judgment, such claims as could be raised on collateral attack) are met. Sets forth time limits for determining petitions. Specifies that the adjudication of petitions or motions involving habeas corpus in capital cases shall be granted priority by the district court and court of appeals over all noncapital matters. Directs the Administrative Office of U.S. Courts to report annually to the Congress on court compliance with the time limits established under this subtitle. Subtitle C: Equalization of Capital Habeas Corpus Litigation Funding - Amends the Omnibus Crime Control and Safe Streets Act of 1968 (Omnibus Act) to require the Director of the Bureau of Justice Assistance (BJA) to provide grants to the States to support litigation pertaining to Federal habeas corpus petitions in capital cases. Specifies that the total funding available for such grants within any fiscal year shall be equal to the funding provided to capital resource centers, pursuant to Federal appropriation, in the same fiscal year. Title III: Exclusionary Rule - Amends the Federal criminal code to provide that evidence obtained as a result of a search or seizure shall not be excluded in a court of the United States as being in violation of the fourth amendment to the U.S. Constitution if such search or seizure was carried out in circumstances justifying an objectively reasonable belief that it was in conformity with the fourth amendment. Makes the fact that evidence was obtained pursuant to and within the scope of a warrant prima facie evidence of the existence of such circumstances. Bars the exclusion of evidence in such a proceeding on the ground that it was obtained in violation of a statute, administrative rule or regulation, or rule of procedure unless exclusion is expressly authorized by statute or by rule prescribed by the Supreme Court pursuant to statutory authority. Title IV: Firearms and Related Amendments - Revises firearms-related provisions to establish the following penalties, in addition to the punishment provided for the underlying crime, for engaging in specified activities during and in relation to a crime of violence or drug trafficking crime for which the perpetrator may be prosecuted in a State court. Provides that whoever: (1) knowingly uses, carries, or otherwise possesses a firearm shall be sentenced to imprisonment for ten years; (2) discharges a firearm with intent to injure another person shall be sentenced to imprisonment for 20 years; or (3) knowingly uses, carries, or otherwise possesses a firearm that is a machine gun or destructive device or is equipped with a firearm silencer or muffler shall be sentenced to imprisonment for 30 years. Sets penalties for second, third, and subsequent convictions. Specifies that a term of imprisonment under such provision shall run concurrently with any other term of imprisonment imposed for the underlying crime. Sets forth penalties for smuggling firearms in aid of drug trafficking and for theft of firearms and explosives. Increases penalties for making knowingly false, material statements in connection with the acquisition of a firearm from a licensed dealer. Authorizes the summary destruction of explosives subject to forfeiture under specified circumstances. Sets forth requirements for reimbursement of the value of destroyed property. Makes persons sentenced under enhanced penalty provisions related to the use of firearms or destructive devices during and in relation to a crime of violence or drug trafficking crime ineligible for parole during the term of imprisonment imposed under such provisions. Provides enhanced penalties for the use of a firearm in the commission of counterfeiting or forgery. Provides for a mandatory five-year penalty for firearms possession by violent felons and serious drug offenders, and a ten- to twenty-year penalty (or fine, or both) in cases of two previous convictions for a violent felony or a serious drug offense committed on different occasions. Bars the court from suspending the sentence of, or granting a probationary sentence to, such persons with two prior convictions. Prohibits the transfer of firearms to non-residents of the State in which the transferor resides, unless such receipt is for lawful sporting purposes. Subjects individuals who conspire to commit a firearms or explosives offense to the same penalties as those prescribed for the underlying offense. Provides for a fine or up to ten years imprisonment, or both, for stealing a firearm or explosive from specified individuals, such as a licensed importer, manufacturer, or dealer. Makes it unlawful for any person (current law specifies licensee) to distribute explosive materials to specified classes of individuals. Increases penalties for interstate gun trafficking. Prohibits: (1) the possession of explosives by felons and specified others; and (2) transactions involving stolen firearms which have moved in interstate or foreign commerce. Establishes penalties for possessing (current law covers only using and carrying) an explosive during the commission of a felony. Provides for 20 years imprisonment for using, carrying, or possessing an explosive, in the case of a second or subsequent conviction. Amends the Internal Revenue Code of 1986 regarding the disposition of forfeited firearms. Revises the definition of: (1) "serious drug offense" under the Federal criminal code (to include an offense under State law that, if it had been prosecuted as a CSA violation as that Act provided at the time of the offense, would have been punishable by a maximum term of ten years or more); and (2) "burglary" under the Armed Career Criminal Statute (to mean a crime that consists of entering or remaining surreptitiously within a building that is the property of another person with intent to engage in conduct constituting a Federal or State offense and that is punishable by one year's imprisonment). Title V: Juveniles and Gangs - Subtitle A: Increased Penalties for Employing Children to Distribute Drugs Near Schools and Playgrounds - Amends the CSA to increase the penalty for employing, using, inducing, or coercing individuals under age 18 to violate provisions of such Act, or to assist in avoiding detection or apprehension for certain offenses under such Act by Federal, State, or local law enforcement officials. Subtitle B: Antigang Provisions - Amends the Juvenile Justice and Delinquency Prevention Act of 1974 to authorize the Administrator of the Office of Juvenile Justice and Delinquency Prevention to make grants to States and units of local government to assist them in planning, coordinating, and evaluating projects to reduce the formation or continuation of juvenile gangs and the use and sale of illegal drugs by juveniles. Specifies the allocation (50-50) of funds available to each State for juvenile drug supply and drug demand reduction programs. Directs the Administrator to give priority to programs aimed at juvenile involvement in organized gang- and drug-related activities. Authorizes the Administrator to make grants if the beneficiaries are juveniles residing at or near international border communities. Authorizes appropriations. Sets forth provisions with respect to application, and review and approval, procedures. Establishes penalties, in addition to the punishment otherwise provided for a crime, for the commission of a felony crime of violence, felony involving a controlled substance, felony violation of the CSA, the CSIEA, or the Maritime Drug Law Enforcement Act, and a conspiracy to commit such offenses, in, for, or in association with any criminal street gang, subject to specified conditions. Specifies that any term of imprisonment imposed under this provision shall run consecutively to any other sentence imposed for the underlying crime. Subtitle C: Juvenile Penalties - Amends the Federal criminal code to: (1) add certain firearms offenses to the offenses over which the United States has juvenile delinquency jurisdiction; and (2) provide for the treatment of violent juveniles who commit firearms offenses as adults under certain circumstances. Specifies factors to be considered in transferring a juvenile to adult status. Classifies as serious drug offenses for purposes of the Armed Career Criminal Act of 1984 serious drug offenses committed by juveniles. Amends the Omnibus Act to require the Director of the BJA to make grants to States, for use by States and units of local governments, to develop alternatives to incarceration and probation for young offenders which promote reduced recidivism, crime prevention, and victim assistance, including boot camp prison programs, community service programs, and demonstration restitution projects. Sets forth provisions with respect to: (1) State and local applications; (2) application review; (3) the allocation and distribution of funds to State and local governmental units; (4) evaluation; and (5) limitations on administrative costs. Authorizes appropriations. Subtitle D: Other Provisions - Includes among permissible uses of drug control and system improvement grants (under the Omnibus Act) programs that address the need for effective bindover systems for the prosecution of violent 16- and 17-year-olds in courts with jurisdiction over adults for first- and second-degree murder, attempted murder, specified crimes when armed with a firearm, and drive-by shootings. Directs the Attorney General to: (1) develop a national strategy to coordinate gang-related investigations by Federal law enforcement agencies (LEAs); and (2) prepare a report on national gang violence to be submitted to the President and the Congress. Requires the Director of the Federal Bureau of Investigation (FBI) to acquire and collect information on incidents of gang violence for inclusion in an annual uniform crime report. Authorizes appropriations. Specifies that a juvenile shall not be transferred to adult prosecution nor shall a hearing be held under section 5037 (disposition after a finding of juvenile delinquency) until any prior juvenile court records have been received by the court or other specified conditions are met. (Current law states that "any proceedings against a juvenile under this chapter or as an adult shall not be commenced" until such conditions are met.) Title VI: Terrorism and International Matters - Repeals the Antiterrorism Act of 1990. Amends the Federal criminal code to define the term "international terrorism" to include activities that: (1) involve violent acts that are a violation of Federal or State laws, or that would be a criminal violation if committed within the jurisdiction of the United States or of any State; (2) appear to be intended to intimidate or coerce a civilian population, influence the policy of a government by intimidation or coercion, or affect the conduct of a government by assassination or kidnapping; and (3) occur primarily outside U.S. territorial jurisdiction or transcend national boundaries. Authorizes any U.S. national injured in his or her person, property, or business by reason of an act of international terrorism to bring a civil action in U.S. district court and recover treble damages and the cost of the suit, including attorney's fees. Specifies that a final judgment or decree rendered in favor of the United States in certain classes of criminal proceedings (such as those involving the murder of a foreign official, kidnapping, hostage taking, killing of a U.S. national, or an aircraft piracy-related offense), or in favor of any foreign state in a criminal proceeding to the extent that such judgment or decree may be accorded full faith and credit under U.S. law, shall estop the defendant from denying the essential allegations of the criminal offense in a subsequent civil proceeding under this title. Sets forth provisions regarding: (1) jurisdiction and venue for, and limitation of, such civil actions; (2) limitations on discovery; (3) stays of action for civil remedies (where such action will substantially interfere with a criminal prosecution which involves the same subject matter and in which an indictment has been returned, or with national security operations related to the terrorist incident that is the subject of the civil action); and (4) prohibitions on suits against U.S. Government and foreign officials. Makes it a Federal criminal offense for an individual, within the United States and acting as an agent of a foreign power, to provide material support or resources (including currency, securities, communications equipment, facilities, weapons, personnel, and other physical assets), or to conceal or disguise the nature, location, source, or ownership of such support or resources, knowing that such resources or support are intended to be used to commit a terrorist act. Provides for the civil and criminal seizure and forfeiture of any real or personal property used or intended for use for, or constituting or derived from the gross profits or other proceeds obtained from, specified violations related to terrorist acts, or to facilitate the concealment or an escape from the commission of such violations. Authorizes the Attorney General to waive immigration admission, and other legal, requirements and grant permanent resident status for alien witnesses who cooperate with the Government in Federal or State prosecutions. Bars the granting of such status to an alien who would be excluded because of felony convictions unless the Attorney General determines that the granting of such status to such alien is necessary in the interests of justice and comports with the safety of the community. Limits the number of aliens and members of their immediate families entering the United States under such authority to 200 persons in any single fiscal year. Makes the decision to grant or deny permanent resident status under this Act at the discretion of the Attorney General and not subject to judicial review. Declares that all the territorial sea of the United States, as defined by Presidential Proclamation 5928 of December 27, 1988: (1) is part of the United States, subject to its sovereignty; and (2) for purposes of Federal criminal jurisdiction, is within the special maritime and territorial jurisdiction of the United States. Sets forth additional provisions with respect to U.S. jurisdiction over the territorial sea and over crimes against U.S. nationals on foreign vessels. Increases penalties for manslaughter and aggravated assault committed abroad by terrorists against U.S. nationals. Authorizes appropriations for counter-terrorist operations and programs. Amends: (1) the International Economic Emergency Powers Act to increase penalties for violations of such Act; and (2) the Federal criminal code to increase penalties regarding the issuance and verification of a passport without lawful authority, false statements in the application for and use of a passport, and forgery, false use, or misuse of a passport. Directs the U.S. Sentencing Commission to amend its sentencing guidelines to provide an increase of not less than three levels in the base offense level for any felony, whether committed within or outside the United States, that involves or is intended to promote international terrorism, unless such involvement or intent is itself an element of the crime. Extends the statute of limitations for specified terrorism offenses, including airport and maritime violence, hostage taking, use of weapons of mass destruction, and torture, to ten years after the commission of the offense. Amends the Federal criminal code to establish penalties for removing a child from, or retaining a child outside, the United States with intent to obstruct the lawful exercise of parental rights. Authorizes appropriations to carry out (under the State Justice Institute Act of 1984) national, regional, and in-State training and educational programs dealing with criminal and civil aspects of interstate and international parental child abduction. Amends the Federal criminal code to provide for the prosecution of individuals who murder U.S. nationals abroad. Bars such a prosecution: (1) if prosecution has been previously undertaken by a foreign country for the same act or omission; and (2) unless the Attorney General determines that the act or omission took place in a country in which the person is no longer present and the country lacks the ability to lawfully secure the person's return. Specifies that the Attorney General's determination is not subject to judicial review. Authorizes the Attorney General, in the course of enforcement of such provision, to request assistance from any Federal, State, local, or foreign agency. Permits in the exercise of comity, the surrender of persons who have committed crimes of violence against U.S. nationals in foreign countries without regard to the existence of any extradition treaty with such foreign government if the Attorney General certifies that: (1) evidence has been presented by such foreign government which indicates that had the offenses been committed in the United States they would constitute crimes of violence; and (2) the offense charged are not of a political nature. Amends Federal law (commonly referred to as the Johnson Act) to modify the circumstances under which a gambling device may be repaired, transported, used, or possessed on a vessel. Amends the Federal criminal code to authorize the Director of the FBI or his designee in a position not lower than Deputy Assistant Director (Director) to request: (1) the name, address, length of service, and toll billing records of a person or entity (person) if the Director certifies in writing to the wire or electronic communication service provider to which the request is made (provider) that such records are relevant to an authorized foreign counterintelligence investigation and there are specific and articulable facts giving reason to believe that the person to whom the information pertains is a foreign power or a foreign agent; and (2) the name, address, and length of service of a person if the Director certifies in writing to such provider that the information is relevant to such an investigation and there are specific and articulable facts giving reason to believe that communication facilities registered in the name of the person have been used, through the services of such provider, in communication with an individual who is engaging in or has engaged in international terrorism or clandestine activities that involve or may involve a violation of U.S. criminal statutes, or a foreign power or foreign agent under circumstances giving reason to believe that the communication concerned international terrorism or such clandestine activities. Requires that the House and Senate Judiciary Committees be informed regarding all such requests for certification. (Current law authorizes the Director or his designee to request telephone toll and transactional records upon written certification to the provider that the information sought is relevant to an authorized foreign counterintelligence investigation and there are specific and articulable facts giving reason to believe that the person is a foreign power or foreign agent.) Title VII: Sexual Violence, Child Abuse, and Victims' Rights - Subtitle A: Sexual Violence and Child Abuse - Amends the Federal criminal code to include within the definition of "sexual act" the intentional touching, not through the clothing, of the genitalia of another person who has not attained the age of 16 with intent to abuse, humiliate, harass, degrade, or arouse or gratify the sexual desire of any person. Increases penalties for recidivist sex offenses. Authorizes the court to order a defendant convicted of a sex offense to pay restitution to the victim. Requires a judicial officer, at the time of the pretrial release determination, to include in any order a requirement that the defendant be tested for human immunodeficiency virus (HIV) and that follow-up tests for the virus be performed six and 12 months thereafter, unless the judicial officer determines that the defendant's conduct created no risk of transmission of the virus to the victim. Sets forth additional requirements with respect to HIV testing and disclosure of test results. Directs the Sentencing Commission to amend the sentencing guidelines to enhance the sentence of a sex offender if such offender knew or had reason to know that the offender was infected with HIV, except where the offender did not engage or attempt to engage in conduct creating a risk of transmission of the virus to the victim. Amends the Victims' Rights and Restitution Act of 1990 to require the Attorney General or the head of another department or agency that conducts an investigation of a sexual assault to pay the cost of up to two tests of the victim for HIV during the 12 months following the assault. Subtitle B: Victims' Rights - Authorizes the court to: (1) order that the defendant reimburse the victim for necessary child care, transportation, and other expenses related to participation in the investigation or prosecution of, or attendance at proceedings related to, the offense; and (2) suspend the defendant's eligibility for all Federal benefits (after a hearing, if the defendant is delinquent in making restitution) until such time as the defendant demonstrates to the court good-faith efforts to return to any required schedule of payments or requirement of immediate payment. Amends the Federal Rules of Criminal Procedure to authorize the court: (1) before imposing sentence for a crime of violence or sexual abuse, to address the victim personally if the victim is present at the sentencing hearing and determine if the victim wishes to make a statement and present any information in relation to the sentence; and (2) upon a motion that is filed jointly by the defendant and the attorney for the Government, to hear in camera such a statement by the victim. Amends the Federal Rules of Criminal Procedure to entitle each side to six (currently, the Government is entitled to six and the defendant or defendants jointly to ten) peremptory challenges if the offense charged is punishable by imprisonment for more than one year. Requires (current law authorizes) the court to order restitution payments for specified violations of the Federal criminal code and the FAA. Authorizes the court, in addition to ordering restitution of the victim for the offense of which a defendant is convicted, to order restitution of persons harmed physically, emotionally, or pecuniarily by the defendant's unlawful conduct during which the offense occurred or during the course of a scheme, conspiracy, or pattern of unlawful activity related to the offense. Sets forth additional provisions with respect to determination of amounts owed to the victim, set-offs, enforcement of restitution orders, and procedures for issuing such orders. Subtitle C: Crime Victims Fund - Repeals: (1) the current $150,000,000 cap on the Crime Victims Fund under the Victims of Crime Act of 1984; and (2) sunset provisions under such Act. Modifies the formula for the distribution of sums deposited into the Fund to provide that: (1) the first $10,000,000 of the total funds deposited in a fiscal year shall be available for child abuse prevention and treatment grants; (2) the next sums deposited, up to the reserved portion (specified below), shall be made available to the judicial branch for administrative costs to carry out the functions of the branch; (3) of the sums remaining, four percent shall be available for training and technical services to victim assistance programs and for financial support of services to victims of crime by victim assistance programs, and 96 percent be available for crime victim compensation and victim assistance programs. (Current law provides a complex formula for the distribution of funds depending on the amount deposited in the Fund.) Authorizes the Director of the Office for Victims of Crime to retain any amount in excess of 110 percent of the total deposited in the previous fiscal year as a reserve for those years in which there is a shortfall in the Fund, provided that the reserve does not exceed $20,000,000. Specifies that: (1) the reserved portion shall be $6,200,000 in each of FY 1992 through 1995 and $3,000,000 for each fiscal year thereafter; and (2) sums awarded as part of a grant under this Act that remain unspent at the end of a fiscal year in which such grant is made may be expended for the purpose for which such grant is made at any time during the two succeeding fiscal years (under current law, during the succeeding fiscal year). Increases the Federal share of victim compensation programs from 40 to 45 percent of the amounts awarded by each program during the preceding fiscal year. Specifies that if the compensation paid by an eligible crime victim compensation program would cover costs that a Federal program, or a federally financed State or local program would otherwise pay: (1) such victim compensation program shall not pay such compensation; and (2) the other program shall make its payments without regard to the existence of the crime victim compensation program. Authorizes the Director to use unspent compensation funds for assistance programs in either the year such funds are not spent or in the following year. Requires crime victim assistance chief executives to give particular attention to children who are victims of violent street crime. Authorizes the use of grants under this Act for demonstration projects. Allows the Director to permit up to five percent of a victim assistance program grant to be used by the chief executive of each State for administrative costs. Makes biannual reports under such Act due on May 31 (currently, such reports are due December 31). Requires grantees to certify that no grant funds will be used to supplant State and local funds, but rather will supplement those otherwise available funds. Delays the effective date for specified provisions to make the allocations required by such provisions without reducing the funding levels of programs supported by the Victim Assistance Fund and the Victims Compensation Fund. Subtitle D: National Child Protection Act - National Child Protection Act of 1992 - Establishes a national criminal background check system to which a designated agency in each State is required to report child abuse crime information, for purposes of background checks of child care providers. Directs the Attorney General to establish: (1) guidelines for the reporting of such information; and (2) timetables for each State to report such information to such system (with a three-year deadline for all States to be reporting at a specified level of currency). Requires State agencies to maintain close liaison for information exchange and technical assistance in cases of child abuse with the National Centers: (1) on Child Abuse and Neglect; (2) for Missing and Exploited Children; and (3) for the Prosecution of Child Abuse. Directs the Attorney General to publish annually: (1) a statistical summary of the child abuse crime information reported under this Act; and (2) a summary of each State's progress in reporting child abuse crime information to the national criminal background check system. Requires the Administrator of the Office of Juvenile Justice and Delinquency Prevention to conduct a study to determine various factors relating to potential child abuse crimes and offenders, based on a statistically significant sample of convicted child abuse offenders and other relevant information. Requires a report on such study to be submitted to specified congressional committee officials. Provides for background check procedures. Allows entities that provide child care or child care placement services (including businesses or organizations that license or certify others to provide such services) may request State agencies to review State and Federal records through the national system, and other criminal justice recordkeeping systems, to determine if a child care provider is under indictment for, or has been convicted of, a background check crime. (Defines provider as one who is now or seeks to be: (1) employed by or a volunteer with a qualified entity; (2) an owner or operator of a qualified entity; or (3) having unsupervised access to any child to whom the qualified entity provides child care.) Directs the Attorney General to establish guidelines for such State background check procedures, permitting equivalent procedures under specified conditions. Authorizes the Attorney General to: (1) exchange FBI identification records with authorized agencies for purposes of such background checks; and (2) authorize by regulation further dissemination of such records by authorized agencies for such purposes. Directs the Attorney General to: (1) prescribe by regulation any other measures necessary to carry out this Act; and (2) encourage use of the best technology available in conducting background checks. Amends the Omnibus Act to provide for the use of certain formula grants to improve State record systems and the sharing of records of child abuse crime information to implement this Act. Directs the Attorney General to make additional grants to States to improve specified aspects of the child abuse crime information system, subject to appropriations and with preference to States having the lowest percent currency of case dispositions in computerized criminal history files. Authorizes appropriations for such additional grants. Authorizes the Attorney General, beginning one year after enactment of this Act, to reduce by up to ten percent the allocation to a State for a fiscal year under title I of the Omnibus Act if the State is not in compliance with the child abuse crime information timetable established for it under this Act. Subtitle E: Jacob Wetterling Crimes Against Children Registration Act - Jacob Wetterling Crimes Against Children Registration Act - Directs the Attorney General to establish a State program and guidelines requiring persons convicted of a criminal offense against a minor to register a current address with a designated State LEA for ten years after release from prison, or being placed on parole or supervised release. Sets forth requirements for an approved State registration program, including: (1) requirements that a State prison officer inform a released person of the duty to register and provide a designated State LEA with any new address in writing within ten days, obtain a fingerprint card and photograph if not already obtained, require the person to read and sign a form stating that the duty to register has been explained, and forward such information to a designated State LEA (which shall immediately enter the information into the appropriate State law enforcement record system, notify the appropriate LEA having jurisdiction where the person expects to live, and transmit the conviction data and fingerprints to the Identification Division of the FBI); (2) annual address verification by the designated State LEA; and (3) notification of LEAs having jurisdiction over a released person's new address. Provides that: (1) a person required to register who violates any requirement of a State program established by this Act shall be subject to criminal penalties in such State (recommends at least six months' imprisonment); and (2) the information provided under this Act is private and may be used for law enforcement purposes and confidential background checks conducted with fingerprints for child care services providers. Specifies that the allocation of BJA grant funds (under the Omnibus Act) received by a State not complying with the provisions of this Act three years after its enactment shall be reduced by 25 percent. Requires such unallocated funds to be reallocated to the States in compliance with this Act. Subtitle F: Domestic Violence - Amends the Omnibus Act to authorize the Director of the BJA to make grants to ten States to assist in implementing a civil and criminal response to domestic violence. Sets forth provisions regarding: (1) use of grant funds; (2) application requirements; (3) limitations on grants and grant renewal; (4) criteria in awarding grants; and (5) reporting requirements. Directs the Attorney General and the Secretary of Health and Human Services (HHS) to report to the Congress on the medical and psychological basis of "battered women's syndrome" and the extent to which evidence of the syndrome has been held to be admissible as evidence of guilt or as a defense in a criminal trial. Subtitle G: Other Provisions - Amends the Federal criminal code to make it unlawful to induce a minor to commit an offense against the United States, subject to specified limitations. Directs the court to consider as an aggravating circumstance the severity of the offense sought by the adult. Amends the General Education Provisions Act to exclude from the definition of "education records" records maintained by a law enforcement unit of the education agency or institution that were created by such unit for law enforcement purposes. Directs the Attorney General, by contract with an appropriate entity with expertise in college campus security, to provide for a baseline study of the effectiveness of campus sexual assault policies for institutions of postsecondary education. Sets forth reporting requirements. Authorizes appropriations. Expresses the sense of the Congress that, in determining child custody and visitation rights, the courts should take into consideration the history of drunk driving of any person involved in the determination. Title VIII: Equal Justice Act - Equal Justice Act - Requires that: (1) the death penalty and all other penalties be administered by the United States and by every State without regard to the race or color of the defendant or victim; and (2) neither the United States nor any State prescribe any racial quota or statistical test for the imposition or execution of the death penalty or any other penalty. Directs that, in a criminal trial in any Federal or State court, on motion of the defense attorney or prosecutor: (1) the risk of racial prejudice or bias be examined on voir dire if there is a substantial likelihood in the circumstances of the case that such prejudice or bias will affect the jury either against or in favor of the defendant; and (2) a change of venue be granted if an impartial jury cannot be obtained in the original venue because of racial prejudice or bias. Bars the prosecutor or the defense attorney from making any appeal to racial prejudice or bias in statements before the jury. Requires: (1) the judge in a Federal capital case before a jury to instruct the jury not to be influenced by prejudice or bias relating to the race or color of the defendant or victim in considering whether a sentence of death is justified, and that the jury is not to recommend the imposition of such sentence unless it has concluded that it would recommend the same sentence for such crime regardless of the race or color of the defendant or victim; and (2) the jury, upon the return of a recommendation of a sentence of death, to also return a certificate, signed by each juror, that the juror's individual decision was not affected by prejudice or bias relating to the race or color of the defendant or victim and that the individual juror would have made the same recommendation regardless of the race or color of the defendant or victim. Makes the fact that the killing of a victim was motivated by racial prejudice or bias an aggravating factor whose existence permits consideration of the death penalty, in a prosecution for an offense against the United States for which a sentence of death is authorized. Amends specified civil rights provisions to cover conspiracy against rights, and deprivation of rights under color of law, of any person (currently, inhabitant of) in a State, territory, or district. Title IX: Funding, Grant Programs, and Studies - Subtitle A: Safer Streets and Neighborhoods - Safer Streets and Neighborhoods Act of 1992 - Amends the Omnibus Act to: (1) authorize appropriations ($1,000,000,000 for FY 1992 and such sums as necessary in FY 1993 and 1994) for grants to State and local LEAs; (2) continue the Federal-State funding formula for such agencies for FY 1992; and (3) permit the use of grants to State and local governments for participation in multi-jurisdictional drug task forces. Subtitle B: Retired Public Safety Officer Death Benefit - Amends the Omnibus Act to provide death benefits to retired public safety officers who become permanently and totally disabled as the direct result of a catastrophic injury sustained while responding to a fire, rescue, or police emergency. Designates the program under such Act pertaining to the payment of death benefits to retired public safety officers as the Irwin Rutman Retired Safety Officer's Benefit Program. Subtitle C: Study on Police Officers' Rights - Directs the Attorney General to conduct a study of the procedures followed in internal, noncriminal investigations of State and local law enforcement officers to determine if such investigations are conducted fairly and effectively. Sets forth reporting requirements. Subtitle D: Community Policing - Chapter 1: Police Corps and Law Enforcement Training and Education Act - Police Corps and Law Enforcement Training and Education Act - Establishes within the Department of Justice (DOJ) an Office of the Police Corps and Law Enforcement Education, to be headed by a Director. Requires a State that desires to participate in the Police Corps Program or the Law Enforcement Scholarship Program to designate a lead agency and submit a State plan containing assurances with respect to: (1) lead agency cooperation with other State and local agencies; (2) the State advertising of the assistance available; (3) State screening and selection of law enforcement personnel for participation in the program; and (4) compliance with other specified requirements. Subchapter A: Police Corps Program - Authorizes the Director to award scholarships (including direct payments to institutions and reimbursement of educational costs) to participants who agree to work for four years in a State or local police force after completion of an educational course of study and receipt of a baccalaureate degree (in the case of undergraduate study) or the reward of credit to the participant for having completed one or more graduate courses (in the case of graduate study) and police corps training, subject to specified conditions. Specifies that scholarships shall only be used to pay educational expenses incurred while in attendance at an institution of higher education in a course of education leading to the award of a baccalaureate degree and for graduate and professional study. Sets forth provisions with respect to: (1) scholarship assistance for dependent children of law enforcement officers; (2) the selection of participants; (3) minority recruitment (which requires each State to seek and recruit among members of all racial, ethnic, or gender groups); and (4) leaves of absence (including a provision allowing the granting of a leave of absence from study or training for a participant requesting leave for up to 30 months to serve on an official church mission). Requires the Director to establish up to three training centers to provide basic law enforcement training to State Police Corps Program participants. Requires participants to attend two eight-week training sessions at such training centers and to meet certain performance standards in order to remain in the program. Requires the Director to pay participants a weekly stipend during training. Requires a State, in order to participate in the Police Corps Program, to submit a plan for implementing such program to the Director for approval. Requires such plan to: (1) include assurances that participants will receive additional State or local training after completing Federal training which shall count toward the four-year service obligation; and (2) provide that program participants shall be assigned to community and preventive patrol in geographic areas with the greatest need for additional law enforcement personnel. Provides for the swearing in of participants as members of the police force to which they are assigned after completing Federal training and meeting the requirements of that police force. Specifies that, if the police force of which the participant is a member lays off the participant in a manner that would preclude the participant from completing four years of service and result in the denial of educational assistance under this subchapter, the Director may permit the participant to complete the service obligation in an equivalent alternative law enforcement service without requiring the participant to repay the scholarship or interest. Authorizes appropriations. Subchapter B: Law Enforcement Scholarship Program - Law Enforcement Scholarships and Recruitment Act - Directs each State to pay from funds under this Act the Federal share (not more than 60 percent) of the cost of awarding scholarships to in-service law enforcement personnel for further education providing full-time employment in the summer or part-time employment for up to one year. Specifies that such employment shall: (1) be provided by State and local LEAs for students who are juniors or seniors in high school or are enrolled in an accredited institution of higher education and who demonstrate an interest in undertaking a career in law enforcement; (2) not be in a law enforcement position; and (3) consist of performing meaningful tasks that inform such students of the nature of the tasks performed by LEAs. Sets forth requirements with respect to: (1) the designation of a lead agency; (2) administrative expenses; and (3) ineligibility for student employment (by an individual who has been employed as a law enforcement officer). Sets forth State and local application requirements. Grants priority in awarding scholarships to members of underrepresented groups, to those pursuing an undergraduate degree, and to those not receiving financial assistance under the Higher Education Act of 1965. Requires each individual awarded a scholarship to work in a law enforcement position in the State which made the award for a period of one month for each credit hour for which funds are received under such scholarship (with a six-month minimum and two-year maximum). Authorizes appropriations. Specifies that 75 percent of funds appropriated under this subchapter shall be available to provide scholarships and 25 percent to provide employment. Subchapter C: Reports - Sets forth provisions requiring: (1) annual reports by the Director to the Attorney General, the President, and specified Members of Congress; and (2) a special report by the Attorney General to the Congress on a plan to expand scholarship assistance to eligible Federal law enforcement officers. Chapter 2: Cop-On-The Beat Grants - The Cop-on-the-Beat Act of 1992 - Amends the Omnibus Act to authorize the Director of the BJA to make grants to units of general local government and community groups to establish or expand cooperative efforts between police and the community to increase the police presence in the community. Requires the Director to develop a written model that informs community members regarding: (1) how to identify the existence of a drug or gang house; (2) what civil remedies are available; and (3) what mediation techniques are available between community members and individuals who have established a drug or gang house in such community. Sets forth application requirements. Requires each application to include a comprehensive plan containing: (1) a description of the crime problems within the areas targeted for assistance, the projects to be developed, community resources and gaps in the plan that cannot be filled with existing resources, and the system the applicant will establish to prevent and reduce crime; (2) an explanation of how the requested grant will be used to fill such gaps; and (3) an evaluation component. Requires the Director to allocate not less than 75 percent of the funds available to units of local government or combinations of such units and not more than 20 percent to community groups. Provides for grant renewal. Limits: (1) costs of administration, technical assistance, and evaluation to five percent of available funds; and (2) the Federal share to 75 percent of total project costs. Requires the Director, in awarding grants, to consider: (1) demonstrated need and ability to provide the services described in the plan; (2) evidence of the ability to coordinate a community-wide response to crime; (3) ability to maintain the program after funding is no longer available; and (4) geographic distribution of grant awards. Sets forth reporting requirements. Authorizes appropriations. Subtitle E: Rural Crime Prevention Strategy - Requires the Director of the National Institute of Justice (NIJ) to conduct a national assessment of the nature and extent of rural crime in the United States, the needs of law enforcement and criminal justice professionals in rural States and communities, and promising strategies to respond effectively to those challenges, including: (1) the problem of clandestine drug laboratories; (2) other environmental crimes, such as the dumping of toxic waste; (3) the cultivation of illegal crops, such as marihuana; (4) the problems of drug and alcohol abuse in rural communities; (5) the problems of family violence and child abuse; (6) the problems of juvenile delinquency and vandalism; (7) the access of law enforcement and criminal justice professionals in rural communities to the services of crime laboratories, the Automated Fingerprint Identification System, and other technological support, and to professional training and development; and (8) the special problems of drug abuse in jurisdictions with populations of 50,000 or less. Requires the Director to: (1) submit the national assessment to the President and the Congress within 12 months; and (2) disseminate the results through programs of training and technical assistance, as well as through reports, publications, and clearinghouse services. Authorizes the Director to make grants to local LEAs for pilot programs and field tests of particularly promising strategies and models, which could then serve as the basis for demonstration and educational programs under the BJA discretionary grant program, such as programs to develop and demonstrate new or improved approaches or techniques for rural criminal justice systems. Authorizes appropriations. Subtitle F: National Commission to Support Law Enforcement - National Commission to Support Law Enforcement Act - Establishes the National Commission to Support Law Enforcement to study and recommend changes regarding LEAs and law enforcement issues on the Federal, State, and local levels. Repeals provisions of the Crime Control Act of 1990 and the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1991, with respect to the establishment of such a Commission. Subtitle G: Other Provisions - Directs the Attorney General to award a grant to an eligible organization in paying for the costs of a Missing Alzheimer's Disease Patient Alert Program. Sets forth application and related requirements. Authorizes appropriations. Authorizes appropriations for BJA discretionary grants under the Omnibus Act. Amends the Omnibus Act to require the Director of the BJA to: (1) establish guidelines and oversee the implementation of family-friendly policies within law enforcement-related offices and divisions of DOJ; (2) study the effects of stress on law enforcement personnel and family well-being, and disseminate the findings of such studies to Federal, State, and local LEAs, related organizations, and other interested parties; (3) identify and evaluate model programs that provide support services to law enforcement personnel and families; (4) provide technical assistance and training programs to State and local LEAs to develop stress reduction and family support; (5) collect and disseminate information regarding family support, stress reduction, and psychological services to Federal, State, and local LEAs, law enforcement-related organizations, and other interested entities; and (6) determine issues to be researched by the BJA and by grant recipients. Authorizes the Director to make grants to States and local LEAs to provide family support services to law enforcement personnel. Directs State or local law enforcement grant recipients to use sums provided to establish or improve training and support programs for law enforcement personnel, including providing at least one of the following services: (1) counseling for law enforcement family members; (2) child care on a 24-hour basis; (3) marital and adolescent support groups; (4) stress reduction programs; and (5) stress education for law enforcement recruits and families. Authorizes such recipients to provide services such as: (1) post-shooting debriefings for officers and their spouses; (2) group therapy; (3) hypertension clinics; (4) counseling for families of personnel killed in the line of duty; and (5) seminars regarding alcohol, drug abuse, gambling, and overeating. Sets forth provisions with respect to: (1) application requirements; (2) geographic distribution of assistance among the States; (3) duration of the grant (not to exceed five years); and (4) limitations on the use of grant funds (not more than ten percent) for administrative purposes. Authorizes the Director to reserve ten percent of appropriated funds for discretionary research grants. Sets forth reporting requirements (by grant recipients and by the Director). Authorizes appropriations. Authorizes the chief correctional officer of each State correctional system to establish a demonstration or system-wide functional literacy program. Sets forth program and reporting requirements. Directs the Attorney General to make grants to State correctional agencies which elect to establish such programs. Authorizes appropriations. Directs the Attorney General to make grants to State and local correctional agencies to assist them in establishing and operating programs designed to reduce recidivism through the development and improvement of life skills necessary for reintegration into society. Sets forth application and reporting requirements. Amends the Public Health Service Act (PHSA) to authorize the Secretary of HHS to make grants for the operating expenses of trauma-care centers with substantial uncompensated costs in areas with significant violence arising from drug abuse. Gives priority to centers: (1) receiving State or political subdivision support not connected to any Federal program; or (2) in areas where a trauma center has ceased participation, or because of uncompensated costs will be unable to participate, in the trauma care system. Limits: (1) support for a center to three fiscal years, subject to extension by the Secretary for one additional year; and (2) the grant amount to any single center to $2,000,000,000 in any fiscal year. Authorizes appropriations. Requires the Director of NIJ to conduct: (1) a study comparing the recidivism rates of individuals under the influence of alcohol or alcohol in combination with other drugs at the time of their offense who participated in a residential treatment program while in the custody of the State with those who did not participate; and (2) a nationwide assessment regarding the use of alcohol and alcohol in combination with other drugs as a factor in violent, domestic, and general criminal activity. Requires the BOP, at least five days prior to the release of a prisoner convicted of a drug trafficking crime or crime of violence on supervised release (or, in the case of a prisoner on supervised release, at least five days prior to the date on which the prisoner changes residence to a new jurisdiction), to provide written notice of the release (or change of residence) to the chief law enforcement officer of the State and of the local jurisdiction in which the prisoner will reside, with exceptions. Specifies that, in the case of a prisoner convicted of an offense committed prior to November 1, 1987, the reference to supervised release in such provision shall be deemed to be a reference to probation or parole. Title X: Illegal Drugs - Subtitle A: Drug Testing - Requires: (1) the Director of the Administrative Office of the U.S. Courts to establish a program of drug testing (including such standards and guidelines as the Director determines necessary to ensure reliability and accuracy of the drug testing programs) of criminal defendants on post-conviction release; and (2) the chief probation officer in each district (where feasible) to arrange for the drug testing of such defendants. Requires, as an explicit condition of probation, parole, or supervised release of a defendant involving a felony or a specified violent or drug offense, that the defendant refrain from any unlawful use of a controlled substance and submit to periodic drug tests. Permits the court to decline to impose such condition for probation if the defendant's presentence report or other reliable sentencing information indicates a low risk of future substance abuse by the defendant. Specifies that a defendant who tests positive may be detained pending verification of a drug test result. Requires the revocation of parole if a prisoner unlawfully uses a controlled substance or refuses to cooperate in drug testing imposed as a condition of parole. Amends the Omnibus Act to condition State eligibility for justice system improvement grants on State implementation of a drug testing program for targeted classes of persons confined in, or subject to supervision in, the criminal justice systems of such State. Specifies that: (1) such program must meet criteria specified by the Attorney General; and (2) no State shall be required to expend an amount for drug testing in excess of ten percent of the minimum amount that the State is eligible to receive under such Act. Directs the Attorney General to promulgate regulations to implement such requirements which: (1) ensure reliability and accuracy of drug test results; and (2) include such other guidelines for drug testing programs in State criminal justice systems as the Attorney General determines are appropriate, as well as provisions by which a State may apply for a waiver of such requirements on the grounds that compliance would impose excessive financial or other burdens on such State or would otherwise be impractical or contrary to State policy. Subtitle B: Precursor Chemicals - Chemical Control and Environmental Responsibility Act of 1992 - Amends the Comprehensive Drug Abuse Prevention and Control Act of 1970 (Comprehensive Act) to: (1) replace references to "listed precursor chemicals" with "list I chemicals" and "listed essential chemicals" with "list II chemicals"; and (2) revise the definition of "regulated person" to include individuals who act as brokers or traders for international transactions involving a listed chemical, tableting machine, or encapsulating machine. Redefines "regulated transaction" to: (1) include international transactions which do not involve the importation or exportation of a listed chemical into or out of the United States if a broker or trader located in the United States participates in the transaction; (2) include, in the case of a listed chemical that is contained in a drug that may be marketed or distributed lawfully in the United States under the Federal Food, Drug, and Cosmetic Act, transactions involving ephedrine or any other listed chemical which the Attorney General may designate as not subject to exemption after finding that such action would prevent diversion and the total quantity of such chemical included in the transaction equals or exceeds the threshold established for that chemical by the Attorney General; and (3) exclude any transaction in a chemical mixture (current law) which the Attorney General has designated as exempt based on a finding that the mixture is formulated in such a way that it cannot be easily used in the illicit production of a controlled substance and that the listed chemical or chemicals contained in the mixture cannot be readily recovered. Requires every person who manufactures or distributes, or who proposes to engage in the manufacture or distribution of, a list I chemical to obtain annually a registration issued by the Attorney General. Authorizes and directs the Attorney General to register an applicant to distribute a list I chemical unless he determines that the issuance of such registration is inconsistent with the public interest, taking into consideration the following factors: (1) maintenance of effective controls against diversion of listed chemicals into other than legitimate channels; (2) compliance with applicable Federal, State, and local law; (3) prior conviction record of the applicant under Federal or State laws relating to controlled substances or chemicals; (4) past experience in the manufacture and distribution of chemicals; and (5) such other factors as may be relevant to and consistent with the public health and safety. Makes provisions with respect to the denial, revocation, and suspension of registration relating to the manufacture, distribution, or dispensation of controlled substances explicitly applicable to list I chemicals. Directs the Attorney General to register an applicant to import or export a list I chemical unless he determines that the issuance of such registration is inconsistent with the public interest. Makes it unlawful for a regulated person to distribute, import, or export a list I chemical without the registration required under the Comprehensive Act. Requires each regulated person who manufactures a listed chemical to report annually to the Attorney General information concerning listed chemicals manufactured by such regulated person. Makes any person located in the United States who is a broker or trader for an international transaction in a listed chemical which is a regulated transaction solely because of that person's involvement as a broker or trader, with respect to that transaction, subject to all of the notification, reporting, record-keeping, and other requirements placed upon exporters of listed chemicals by the Comprehensive Act. Authorizes the Attorney General to: (1) require that the 15 day advance notice requirement with respect to the importation and exportation of listed chemicals apply to all exports of specific listed chemicals to specified nations, regardless of the status of certain customers in such country as "regular customers," if he finds that such action is necessary to support effective diversion control programs or is required by treaty or other international agreement to which the United States is a party; and (2) waive the 15 day advance notice requirement for exports of specific listed chemicals to specified countries, and for the importation of specific listed chemicals, if he determines that such advance notice is not required for effective chemical control, subject to specified requirements. Establishes penalties for: (1) exporting, or serving as a broker or trader for an international transaction involving, a listed chemical, knowing or having reasonable cause to believe that the chemical will be used to manufacture a controlled substance in violation of the laws of the country to which the chemical is exported; and (2) importing or exporting a listed chemical with intent to evade reporting or record-keeping requirements under the Comprehensive Act by falsely representing to the Attorney General that the importation or exportation qualifies for a waiver of the advance notice requirement by misrepresenting either the actual country of final destination of the listed chemical or the actual listed chemical being imported or exported, or both. Amends list I to add benzaldehyde and nitroethane, and delete D-lysergic acid, N-ethylephedrine, and N-ethylpseudoephedrine. Eliminates "regular supplier" status and creates "regular importer" status. Modifies the definition of "controller premises" to include places where listed chemicals or records relating to the manufacture, distribution, or disposition of listed chemicals are maintained. Makes it a felony for a person who possesses a listed chemical with intent that it be used in the illegal manufacture of a controlled substance to manage the listed chemical or waste from such manufacture other than as required under the Solid Waste Disposal Act. Specifies that, in addition to any penalty that may be imposed for the illegal manufacture, possession, or distribution of a listed chemical or toxic residue of a clandestine laboratory, a person who violates such prohibition shall be assessed costs of the initial cleanup and disposal of the listed chemical and contaminated property and the cost of restoring property damaged by exposure to such chemical. Expresses the sense of the Congress that guidelines issued by the Sentencing Commission should recommend that the term of imprisonment for such a violation be not less than five (or in the case of a willful violation, not less than ten) years. Authorizes: (1) the court to order that all or a portion of the earnings from work performed by a defendant in prison be withheld for payment of such costs; and (2) the Attorney General to direct that assets forfeited in connection with a prosecution under this Act be shared with State agencies that participated in the seizure or cleanup of the contaminated site. Specifies that a discharge in bankruptcy does not discharge an individual debtor from any debt for costs assessed with respect to the management of listed chemicals under the Comprehensive Act. Amends the Health Care Quality Improvement Act of 1986 to provide for access by the Attorney General to information in the National Practitioner Data Bank. Subtitle C: Interdiction - Amends the Federal criminal code to make it unlawful for the pilot, operator, or person in charge (pilot) of any aircraft which has crossed the border of the United States, or any aircraft subject to U.S. jurisdiction operating outside the United States, to refuse to obey the order of an authorized Federal law enforcement officer to land (in enforcing controlled substances or money laundering provisions). Directs the Administrator of the Federal Aviation Administration and the Commissioner of Customs to prescribe regulations governing the means by which an order to land may be communicated to the pilot by Federal law enforcement officers. Makes it unlawful for any master, operator, or person in charge (master) of a U.S. vessel or vessel under U.S. jurisdiction to fail to bring to upon being ordered to do so by a Federal law enforcement officer authorized to issue such an order. Specifies that consent or waiver of objection by a foreign nation to the enforcement of U.S. law by the United States under this Act may be obtained by radio, telephone, or similar oral or electronic means and may be proved by certification of the Secretary of State or the Secretary's designee. Sets forth penalties for violation of this subtitle. Authorizes the seizure and forfeiture of any vessel or aircraft that is used in violation of this subtitle. Allows the Secretary of the Treasury and the Secretary of Transportation to delegate Federal law enforcement officer seizure and forfeiture responsibilities under these provisions to other law enforcement officers. Provides for the immediate revocation of the registration of an aircraft upon the failure of the operator to follow the order of a Federal law enforcement officer to land the aircraft. Directs the Administrator to: (1) notify the owner of the aircraft that such person no longer holds U.S. registration for such aircraft; and (2) establish procedures for the owner of the aircraft to show cause why the registration was not revoked as a matter of law by operation of such provision, or why circumstances existed pursuant to which the Administrator should determine that it would be in the public interest to issue a new certificate of registration to the owner, effective concurrent with the revocation. Amends the FAA to require the Administrator to issue an order revoking the airman certificate of any person that the Administrator finds, while acting as the operator of an aircraft, knowingly failed to follow the order of a law enforcement officer to land, with exceptions. Authorizes the Coast Guard to issue orders and make inquiries, searches, seizures, and arrests with respect to violations of U.S. laws occurring aboard any aircraft subject to U.S. jurisdiction over the high seas and waters over which the U.S. has jurisdiction. Establishes a civil penalty of up to $25,000 for any master of a vessel or pilot or operator of an aircraft who intentionally fails to comply with an order of a Coast Guard commissioned officer, warrant officer, or petty officer relating to the boarding of a vessel or landing of an aircraft for specified purposes (and up to $5,000 for negligently failing to comply with such order), as well as in rem liability with respect to the vessel or aircraft. Amends the Tariff Act of 1930 to establish analogous civil penalties with respect to intentional and negligent failures to obey an order to land or bring to. Authorizes the Coast Guard: (1) to exchange information with international organizations (currently limited to foreign governments); (2) to suggest to the Secretary of State international collaboration and conferences on all matters dealing with maritime law enforcement and maritime environmental protection (currently limited to safety of life and property at sea); and (3) when so requested by the Secretary, to utilize its personnel and facilities to assist any foreign government or international organization to perform any activity for which such personnel and facilities are especially qualified. Authorizes the President, upon application from foreign governments or international organizations (current law excludes the latter) to utilize officers and enlisted members (under current law, to detail members) of the Coast Guard to assist such governments or organizations in matters concerning which the Coast Guard may be of assistance. Amends the Mansfield Amendment to permit maritime law enforcement operations in archipelagic waters. Subtitle D: Rural Drug Crime - Amends the Omnibus Act to authorize appropriations, and increase the base allocation, for rural drug enforcement assistance. Directs the Attorney General to establish a Rural Drug Enforcement Task Force in each of the Federal judicial districts which encompass significant rural lands. Specifies the membership of such task forces. Authorizes the Attorney General to cross-designate up to 100 Federal officers with jurisdiction to enforce CSA provisions on non-Federal lands to the extent necessary to effect the purposes of this subtitle. Requires the Director of the Federal Law Enforcement Training Center to develop a specialized course of instruction devoted to training law enforcement officers from rural agencies in the investigation of drug trafficking and related crimes. Authorizes appropriations. Amends the PHSA to require the Director of the Office for Treatment Improvement to establish a program to provide grants to hospitals, community health centers, and other appropriate entities that serve nonmetropolitan areas to assist in developing and implementing projects that provide, or expand the availability of, substance abuse treatment services. Authorizes appropriations. Requires the alcohol and drug abuse information clearinghouse (required to be established under the PHSA) to: (1) gather information pertaining to Alcohol, Drug Abuse, and Mental Health Administration and other rural drug treatment and education projects operating throughout the United States; and (2) disseminate information to rural hospitals, community health centers, community mental health centers, treatment facilities, community organizations, and other interested individuals. Subtitle E: Grant Programs - Amends the National Narcotics Leadership Act of 1988 to authorize the President to declare a State or part of a State to be a drug emergency area. Requires requests for such a declaration to be made, in writing, by the Governor or chief executive officer (CEO) of any affected State or local government and forwarded to the President through the Director of Policy. Allows cities, counties, or States to submit a joint request. Requires requests to be based on a written finding that the emergency is of such severity and magnitude that Federal assistance is necessary to ensure an effective response. Prohibits the President from limiting declarations made under this Act to highly-populated centers of drug trafficking, drug use, or drug-related violence. Requires the President to consider applications from governments of less populated areas where the magnitude and severity of such activities are beyond the capability of the State or local government to respond. Requires Governors or CEOs, as part of such requests and as a prerequisite to such assistance, to: (1) take appropriate action under State or local law to respond to the crisis and furnish information on the nature and amount of State and local resources which have been or will be committed to alleviating the emergency; (2) certify that State and local government obligations and expenditures will comply with all applicable cost-sharing requirements; and (3) submit a detailed plan outlining the State or local government's short- and long-term plans to respond to the emergency. Requires the Director to review requests submitted and forward the application to the President, along with a recommendation. Authorizes the President to make grants to State or local governments of up to $50,000,000 for any single emergency. Limits the Federal share to 75 percent of the costs necessary to implement the short- and long-term plans. Limits the duration of assistance to a drug disaster area to one year, except that the President, on application of a Governor of a State or CEO of a local government, may extend Federal assistance for up to 180 days. Requires a State or local government receiving Federal assistance to balance the allocation of such assistance evenly between drug supply and demand reduction efforts, unless State or local conditions dictate otherwise. Authorizes the President to: (1) direct any Federal agency to utilize its authorities and resources to support State and local efforts; and (2) provide technical and advisory assistance. Directs the Comptroller General to conduct an audit of any Federal assistance beyond a specified amount. Authorizes appropriations. Amends the Omnibus Act to require the Attorney General to make grants to eligible community coalitions to implement comprehensive long-term strategies for substance abuse prevention, assess existing programs, identify and solicit funding sources, develop priorities, and coordinate substance abuse services and activities. Requires coalitions to encourage voluntary participation and community involvement and submit reports to the Attorney General and the appropriate State agency. Authorizes appropriations. Authorizes the Director of the BJA to make grants for use by States in developing and implementing residential substance abuse treatment programs within State correctional facilities. Sets forth application requirements, including: (1) assurances that Federal funds received will be used to supplement, not supplant, non-Federal funds for funded activities; (2) that the application coordinate the design and implementation of treatment programs between State correctional representatives and the State Alcohol and Drug Abuse agency; (3) agreement by the State to implement or continue to require urinalysis or similar testing of individuals in correctional residential substance abuse programs, including testing of individuals released from such programs who remain in State custody; and (4) provisions regarding aftercare services. Sets forth requirements with respect to: (1) duties of the designated State office under the Omnibus Act (application preparation and grant administration); (2) the review of State applications by the BJA; (3) the allocation and distribution of funds; and (4) evaluation. Limits the Federal share to 75 percent of total project costs. Authorizes appropriations. Authorizes the Director of the BJA to make grants to States, for use by States and units of local government, to develop, implement, or continue drug testing projects when individuals are arrested and during the pretrial period. Sets forth provisions regarding: (1) State applications, including a requirement that the State agree to develop or maintain programs of urinalysis or similar drug testing of individuals upon arrest and on a regular basis pending trial for the purpose of making pretrial detention decisions; (2) local applications; (3) the allocation and distribution of funds to State and local governmental units; and (4) reporting requirements. Authorizes appropriations. Subtitle F: Other Provisions - Amends the CSA to: (1) increase penalties for specified offenses involving crystalline methamphetamine; and (2) prohibit any published advertisement knowing that it has the purpose of seeking or offering illegally to receive, buy, or distribute a schedule I controlled substance. Amends the CSA to impose mandatory minimum criminal penalties for the unlawful distribution or possession of controlled substances within 1,000 feet of a truck stop or safety rest area. Prohibits the granting of probation for any person who violates this provision after a prior conviction under such provision has become final. Requires the Sentencing Commission to promulgate specified sentencing guidelines for violation of such provisions. Bars multiple enhancements. Provides for enhanced penalties for drug trafficking in prisons. Amends the Anti-Smuggling Act to provide that prima facie evidence that a vessel, vehicle, or other conveyance is being, has been, or is attempted to be employed in smuggling or to defraud the revenue of the United States shall be that a vessel fails to display lights under specified circumstances and that, in the case of a vehicle or other conveyance, the fact that it has a compartment or equipment that is built or fitted for smuggling. (Current law specifies only "a vessel", employed in "smuggling", and excludes the provision regarding compartments or equipment found in a vehicle or other conveyance.) Amends the Tariff Act of 1930 to make the penalty for failure to declare a controlled substance 1,000 percent of the value of the article (as under current law) or $500, whichever is greater. Amends the Anti-Drug Abuse Act to make amendments with respect to certain Internal Revenue Service (IRS) undercover operations effective from the date of the enactment of this Act through December 31, 1994. Amends the CSA to authorize the Attorney General to bring a civil action against any person who violates drug paraphernalia provisions of such Act and to assess a civil penalty of up to $100,000 and grant other appropriate (including injunctive) relief. Specifies that if a defendant is found by the court to be in possession of a controlled substance, thereby violating such defendant's probation, the court shall resentence such person to a sentence that includes a term of imprisonment (under current law, to not less than one-third of the original sentence). Amends the CSIEA: (1) and the CSA to make penalties applicable to offenses involving less than 50 kilograms of marihuana applicable with respect to less than 50 kilograms of a mixture or substance containing a detectable amount of marihuana; and (2) to reduce from 100 to 50 the number of marihuana plants needed to qualify for specified penalties. Adds certain drug offenses as requiring fingerprinting and records for recidivist juveniles under the CSA and CSIEA. Amends the CSA and CSIEA to require that persons violating specified CSA provisions after two or more prior convictions for a felony drug offense have become final be sentenced to a mandatory term of life imprisonment without release and be fined under such Act. Increases penalties for a second offense of distributing drugs to a minor. Provides for life imprisonment without release for criminals convicted of a third felony drug offense, crime of violence, or combination thereof. Increases prison sentences and bars release for individuals who: (1) sell illegal drugs to persons under age 18; and (2) employ persons under age 18 in drug trafficking activities. Amends the CSA to expand the definition of "drug paraphernalia" (such as to include scales and balances designed for measuring, and containers intended for storing and concealing, controlled substances, and hypodermic syringes and needles). Declares that it is Government policy that the use or distribution of illegal drugs in the nation's Federal prisons shall not be tolerated and that such crimes shall be prosecuted to the fullest extent of the law. Amends the CSA to: (1) provide mandatory penalties for illegal drug use in Federal prisons; and (2) provide for enhanced penalties for drug distribution to pregnant women. Amends the Assimilative Crimes Statute to require the imposition of a Federal penalty (if not already imposed by a State) of one year imprisonment and a $1,000 fine, or both, in addition to any term of imprisonment under State law, for driving under the influence of drugs or alcohol, if a minor (other than the offender) was present in the vehicle at the time of the offense. Amends the common carrier provisions of the Federal criminal code to increase the penalty for operating a common carrier under the influence of drugs or alcohol if a minor (other than the offender) is present in the vehicle by up to one year's imprisonment (or if serious bodily injury of a minor is caused, five years; or if death of a minor is caused, ten years) and an additional $1,000 fine, or both. Defines "minor" as a person less than 18 years of age. Amends the CSA to: (1) provide penalties for the distribution of controlled substances in public housing authority facilities; (2) authorize the Attorney General to bring a civil action against violators of prohibitions against maintaining places for the manufacture, distribution, or use of controlled substances, (and the court to assess a civil penalty of up to $100,000 and grant such other relief, including injunctions and evictions, as appropriate); (3) increase penalties for drug dealing in "drug-free" zones; and (4) establish penalties for any physical trainer or adviser who persuades or induces an individual to possess or use anabolic steroids in violation of such Act. Directs the Attorney General to implement a program of national awareness of specified provisions of law that condition portions of a State's Federal highway funding on such State's enactment of legislation requiring the revocation of the driver's licenses of convicted drug abusers. Amends the Drug-Free Schools and Communities Act of 1986 to authorize the use of certain grant funds for drug abuse resistance education programs for local governments with the concurrence of local educational agencies (currently, limited to use for such agencies). Amends the Federal criminal code to provide penalties for misuse of the words "Drug Enforcement Administration" or the initials "DEA". Title XI: Public Corruption - Anti-Corruption Act of 1992 - Amends the Federal criminal code to prescribe criminal penalties to be imposed against anyone who uses any facility of, or affects, interstate or foreign commerce to deprive or defraud the inhabitants of a State or political subdivision of a State of: (1) the honest services of a government official or employee; or (2) a fair and impartially conducted election process through the use of fraudulent ballots or voter registration forms, paying or offering to pay any person for voting, or the filing of fraudulent campaign reports. Prescribes criminal penalties to be imposed against anyone who deprives or defrauds the inhabitants of the United States of the honest services of a public official. Prescribes criminal penalties to be imposed upon any official or person who has been selected to be a public official, in order to carry out or conceal any scheme or artifice to defraud, discriminate, harass, or take adverse action against any employee or official of the United States or any State or political subdivision. Authorizes such an adversely affected employee or official to obtain relief through a civil action, provided such person did not participate in the scheme or artifice. Amends mail fraud provisions to prohibit the use of any facility of interstate or foreign commerce in the execution of a scheme or artifice to defraud. Makes it a class B felony for: (1) a public official to corruptly demand, seek, receive, accept, or agree to receive or accept anything of value in return for being influenced in the performance or nonperformance of an official act, or to commit, aid in committing, collude in, or allow or make opportunity for the commission of any offense against the United States or any State; and (2) any person to corruptly give, or promise anything of value with intent to influence any official act, such official to commit, collude in, or allow or make opportunity for the commission of such offense, or such official to do or omit any act in violation of such official's lawful duty. Makes such provisions applicable with respect to any such offense which involves, is part of, or is intended to further or conceal the illegal possession, importation, manufacture, transportation, or distribution of any controlled substance or controlled substance analogue. Title XII: General Provisions - Subtitle A: Violent Crimes - Amends the Federal criminal code to set penalties for specified robbery, kidnapping, smuggling, and property damage offenses. Increases the maximum penalty for: (1) assaults against specified classes of individuals; (2) manslaughter; (3) interstate and foreign travel or transportation in aid of racketeering enterprises; and (4) conspiracy to commit murder for hire. Establishes a mandatory sentence for the commission of a felony against an individual age 65 or older. Sets limitations on the discretion of the court with respect to authorizing probation, allowing the defendant to serve consecutive sentences, and accepting plea agreements. Amends the Federal Rules of Criminal Procedure to: (1) preclude either the defendant or the court from waiving a presentence investigation and report unless there is sufficient information in the record for the court to determine whether a mandatory sentence must be imposed; (2) require such report to contain verified information as to whether any victim of the offense had attained age 65 on the date that the offense was committed; and (3) make an exception to the general rule authorizing plea bargain discussions in cases involving the commission of a felony against individuals age 65 and older. Subtitle B: Civil Right Offenses - Increases the maximum penalty for certain civil rights violations, including damage to religious property. Subtitle C: White Collar and Property Crimes - Establishes penalties for knowingly receiving the proceeds of: (1) a postal robbery; (2) extortion; and (3) a kidnapping. Sets forth penalties for obstructing a proceeding made under the civil investigative demand provisions of: (1) the Racketeer Influenced and Corrupt Organizations statute; and (2) a specified Federal law relating to monetary transactions. Makes violations of provisions with respect to continuing financial crimes enterprises and obstructing examination of a financial institution predicate offenses to the financial institutions reward statute. Defines "savings and loan association" under bank robbery-related provisions of the Federal criminal code to mean: (1) any Federal or State savings association having accounts insured by the Federal Deposit Insurance Corporation; and (2) any corporation meeting specified requirements under the Federal Deposit Insurance Act, which is operating under U.S. law. Makes it unlawful for a governmental entity, or a person acting in conjunction with such entity, to operate, sponsor, advertise, promote, license, or authorize a lottery sweepstakes, or other betting, gambling, or wagering scheme based, directly or indirectly, on one or more competitive games in which amateur or professional athletes participate, or intend to participate, or on one or more performances of such athletes in such games. Authorizes the commencement of a civil action in district court to enjoin violations. Amends the Federal criminal code to impose criminal sanctions for copyright violations involving the reproduction or distribution, during any 180-day period, of specified numbers of copies infringing the copyright in one or more computer programs. Amends the Federal Deposit Insurance Act to bar any exceptions from the ten-year ban on participation in specified activities with respect to insured depository institutions for individuals convicted of the following offenses: (1) obstructing examination of a financial institution; and (2) engaging in monetary transactions in property derived from specified unlawful activity. Amends the Federal Credit Union Act to prohibit, except with the prior consent of the Federal Credit Union Board: (1) any person who has been convicted of a criminal offense involving dishonesty or a breach of trust (as under current law) or has agreed to enter into a pretrial diversion or similar program in connection with a prosecution for such offense, from participating, directly or indirectly, in the conduct of the affairs of any insured credit union (as under current law), or becoming or continuing as an institution-affiliated party with respect to any insured credit union; and (2) any insured credit union from permitting any such person from engaging in any such conduct or continuing in any such relationship. Establishes a minimum ten-year ban on such participation for specified offenses, with exceptions. Amends the Crime Control Act of 1990 to encourage the Attorney General to submit a report to the Congress with respect to the financial institutions fraud task forces established under such Act as they relate to the collapse of private deposit insurance corporations. Establishes penalties or subjects to lawsuits individuals who intentionally disclose the contents of certain wire, oral, or electronic communications knowing that the information was obtained through the interception of such a communication in connection with a criminal investigation, having obtained or received the information in connection with a criminal investigation, with intent to improperly interfere with a duly authorized criminal investigation. Exempts from the prohibition on the use as evidence of intercepted wire or oral communications the admission into evidence of the contents of such a communication, or evidence derived therefrom, which has been disclosed in violation of such provision. Establishes penalties for: (1) the theft of major art works from museums; and (2) the exhibition or storage by a museum of any such stolen work. Amends the Federal criminal code to: (1) delete the $250 cap on the maximum fine for the unauthorized wearing, manufacturing, or selling of military decorations or medals; and (2) include trades, barters, or exchanges for anything of value as sales. Motor Vehicle Theft Prevention Act - Directs the Attorney General to develop a national voluntary motor vehicle theft prevention program under which: (1) the owner of a motor vehicle may voluntarily sign a consent form with a participating State or locality in which the motor vehicle owner states that the vehicle is normally operated under certain specified conditions and agrees to display program decals or devices on the owner's vehicle and permit law enforcement officials in any State to stop the vehicle and take reasonable steps to determine whether such vehicle is being operated by the owner or with the owner's permission, if the vehicle is being operated under such conditions; (2) participating States and localities authorize law enforcement officials in the State or locality to stop motor vehicles displaying program decals or devices under such conditions and take reasonable steps to determine whether the vehicle is being operated by or with the permission of the owner; and (3) Federal law enforcement officials are authorized to stop such vehicles under such conditions and make such determination. Requires such program to include a uniform design or designs for decals or other devices to be displayed by motor vehicles participating in the program which shall: (1) be highly visible; and (2) explicitly state that the motor vehicle to which it is affixed may be stopped under the specified conditions without additional grounds for establishing a reasonable suspicion that the vehicle is being operated unlawfully. Sets forth requirements with respect to the voluntary consent form. Directs the Attorney General to promulgate rules establishing the conditions under which participating motor vehicles may be authorized to be stopped under this Act, such as the operation of the vehicle during certain hours of the day or under circumstances which would provide a sufficient basis for establishing a reasonable suspicion that the vehicle was not being operated by, or with the consent of, the owner. Sets forth provisions with respect to the establishment of more than one set of conditions under which participating motor vehicles may be stopped. Requires the notification of lessees of motor vehicles for hire of participation in the program, as specified. Sets forth penalties for failure to comply with such notice provisions. Authorizes a State or locality to participate in the program by filing an agreement to comply with the terms and conditions of the program with the Attorney General. Specifies that, as a condition of participation, a State or locality must agree to take reasonable steps to ensure that law enforcement officials throughout the State or locality are familiar with the program and with the conditions under which motor vehicles may be stopped under the program. Authorizes appropriations. Includes within the scope of a provision setting penalties for the removal of or tampering with an identification number for a motor vehicle or motor vehicle part the removal of or tampering with a decal or device affixed pursuant to this Act, with exceptions. Sets forth penalties for the unauthorized application of a theft prevention decal or device, or a replica thereof. Amends the Federal criminal code to provide that, wherever it is an element of an offense that property was stolen or counterfeited and that the defendant knew that the property was of such character, such element may be established by proof that the defendant, after or as a result of an official representation as to the nature of the property, believed the property to be stolen or counterfeited. Includes within mail fraud provisions depositing specified matter to be sent by any private or commercial interstate carrier (current law applies only to matter sent by the Postal Service). Establishes penalties for knowingly and with intent to defraud: (1) affecting transactions with one or more access devices (ADs) issued to another person to receive any thing of value aggregating $1,000 or more during any one-year period; (2) without the authorization of the issuer of the AD, soliciting a person for the purpose of offering, or selling information regarding or an application to obtain, an AD; or (3) without the authorization of the credit card system member or its agent, causing or arranging for another person to present to the member or its agent for payment evidence or records of transactions made by an AD. Establishes penalties for persons engaged in the business of insurance whose activities affect commerce, who: (1) knowingly make a materially false statement or report or willfully overvalue land, property, or security in connection with reports or documents presented to an insurance regulatory official or agency, or to any agent or examiner (official) appointed to examine the affairs of such person for the purpose of influencing in any way the actions of such official; (2) embezzle or willfully misappropriate funds or property while acting as an officer, director, agent, or employee (officer) of such person; (3) knowingly make a false entry of material fact in any book, report, or statement of such person with intent to deceive any person about the financial condition or solvency of such business, or to deceive any officer of such person or any insurance regulatory official; and (4) by threats or force, corruptly influence, obstruct, or endeavor corruptly to influence or obstruct the proper administration of the law under which a proceeding (involving the business of insurance whose activities affect interstate commerce) is pending before an insurance regulatory official to examine the affairs of such person. Authorizes the Attorney General to seek civil penalties and injunctions for violations of such provisions. Sets forth penalties for obstructing criminal investigations with respect to the prosecution of cases of insurance fraud. Increases penalties for trafficking in counterfeit goods and services. Computer Abuse Amendments Act of 1992 - Amends the Computer Fraud and Abuse Act to make it a felony to knowingly transmit an unauthorized program or code that alters the information stored in a computer with the intent to damage the system or information contained within the affected computer or computer system, or to withhold or deny the use of such system or information, if the transmission: (1) occurred without the authorization of the person responsible for the computer system receiving the program; and (2) causes damage exceeding $1,000 in any one-year period or modifies or impairs the medical care of one or more individuals. Makes such offense punishable by a fine and up to five years in prison. Sets forth parallel provisions with respect to recklessly transmitting a destructive computer program or code. Makes such offense a misdemeanor, punishable by a fine and imprisonment for up to one year. Creates a civil cause of action for compensatory or injunctive relief for persons suffering damage or loss by virtue of a violation of this Act. Limits damages to economic damages, except for medical records violations. Sets a statute of limitation of two years from the date of the act complained of, or from the date of discovery of the damage. Requires the Attorney General to report to the Congress annually during the first three years following the date of enactment of this Act concerning prosecution under this Act. Repeals provisions which exclude automated typewriters and typesetters, portable hand held calculators, and similar devices from the definition of "computer." Modifies the prohibition against accessing a Government computer where such conduct affects the use of the Government's operation of such computer to cover only actions that "adversely" affect such use. Amends the FAA to direct the Administrator of the Federal Aviation Administration to issue regulations requiring employees and agents to report to appropriate Federal and State law enforcement officers incidents in which the employee or agent, in the course of conducting screening procedures, discovers a controlled substance, or an amount of cash in excess of $10,000, the possession of which may be a violation of Federal or State law. Subtitle D: Sentencing and Procedure - Amends the Federal criminal code to: (1) require the court, in sentencing a defendant for a violation of probation or supervised release, to consider applicable guidelines or policy statements issued by the U.S. Sentencing Commission; and (2) permit the court, if a defendant violates a condition of probation, to resentence the defendant (Under current law, the court may impose any other sentence that was available at the time of the initial sentencing.) Provides for the mandatory revocation of probation for possession of a controlled substance or firearm (currently, applies only to actual possession of a firearm). Requires the court, under such circumstances, to resentence the defendant to a sentence that includes a term of imprisonment. (Current law directs the court to impose any other sentence that was available at the time of the initial sentencing.) Directs the court to require, as an explicit condition of probation or supervised release, that the defendant not unlawfully possess a controlled substance. (Current law specifies that the defendant not possess illegal controlled substances.) Specifies that a defendant whose term of supervised release is revoked may not be required to serve more than five years in prison if the offense that resulted in the term of release is a class A felony, more than three years if such offense is a class B felony, more than two years for a class C or D felony, or more than one year in any other case. (Current law specifies only no more than three years for a class B felony or more than two years for a class C or D felony.) Requires the court to revoke the term of supervised release and require the defendant to serve a term of imprisonment not to exceed the maximum authorized if the defendant possesses a controlled substance in violation of a condition of supervised release, or possesses a firearm in violation of Federal law or otherwise violates a condition of supervised release prohibiting the defendant from possessing a firearm, or refuses to cooperate in drug testing imposed as a condition of supervised release. (Current law states that if the defendant is found to be in possession of a controlled substance, the court shall terminate the term of supervised release and require the defendant to serve in prison not less than one-third of the term of release.) Provides that: (1) when a term of supervised release is revoked and the defendant is required to serve a term of imprisonment less than the maximum authorized, the court may require that the defendant be placed on a term of supervised release after imprisonment (for a length of time not to exceed the term of release authorized by statute for the offense that resulted in the original term of supervised release, less any term of imprisonment imposed upon revocation of such release); and (2) the power of the court to revoke a term of supervised release for violation of a condition of such release and to order the defendant to serve a term of imprisonment and a further term of such release extends beyond the expiration of the term of such release for any period reasonably necessary for the adjudication of matters arising before its expiration, subject to specified conditions. Amends the Federal criminal code to: (1) authorize probation for a petty offense if the defendant has been sentenced to a term of imprisonment at the same time for another such offense; (2) provide for trial by a magistrate in petty offense cases; (3) authorize a magistrate who has sentenced a person to a term of supervised release in a misdemeanor case to revoke or modify the term or conditions of such release; and (4) permit supervised release for juvenile offenders, subject to specified conditions. Permits a U.S. attorney to request an order requiring an individual to give testimony or provide other information which such individual refuses to give or provide based on the privilege against self-incrimination under specified circumstances with the approval of an officer or employee of the Criminal Division of DOJ designated by the Attorney General (currently, only with the approval of specified officials). Amends the Federal judicial code to authorize a voting member of the Sentencing Commission whose term has expired to continue to serve until the earlier of the date on which: (1) a successor has taken office; or (2) the Congress adjourns sine die to end the session of Congress that commences after the date on which the member's term expired. Subtitle E: Immigration-Related Offenses - Establishes civil penalties for: (1) inducing an alien to commit an aggravated felony; and (2) the commission of an aggravated felony by an alien. Directs the court to consider the severity of the offense sought or committed by the offender as a circumstance in aggravation. Sets forth provisions with respect to enforcement of such provision. Establishes in the Treasury the Criminal Alien Identification and Removal Fund. Specifies that: (1) 90 percent of the monies in the Fund in a fiscal year may be used by the Attorney General to assist the Immigration and Naturalization Service (INS) to identify, investigate, detain, and deport aliens who have committed an aggravated felony and to fund specified additional immigration judge positions; and (2) ten percent of such monies may be distributed as grants to the States by the Attorney General to assist the States in implementing or expanding specified immigration-related provisions of the Omnibus Act. Amends the Immigration and Nationality Act to provide for the deportation of aliens convicted of operating a motor vehicle while under the influence of, or impaired by, alcohol or a controlled substance arising in connection with a fatal traffic accident or traffic accident resulting in serious bodily injury to an innocent party. Subtitle F: United States Marshals - United States Marshals Association Establishment Act - Establishes the United States Marshals Association as a charitable, nonprofit corporation to strengthen public knowledge of law enforcement and of the U.S. Marshals Service, to promote the exchange of information among private and public institutions and individuals about, and research of, law enforcement and justice systems issues, and to promote an effective justice system and the general welfare of law enforcement. Authorizes the Director of the U.S. Marshals Service to provide personnel, facilities, and other administrative services to the Association and to accept voluntary services of the Association. Specifies that no part of the income or assets of the Association shall inure to any member or officer of the Association or Director of the Board or be distributed to any such person, with exceptions for reasonable compensation or reimbursement for actual necessary expenses. Bars the Association from making loans to any Director or officer or employee of the Association, or from issuing stock or declaring or paying dividends. Specifies that the Association and any agent of the Association shall be considered an employer for purposes of title VII of the Civil Rights Act of 1964 and the Americans with Disabilities Act of 1990 if the Association is engaged in an industry affecting commerce and meets the minimum employee requirements set forth in such Acts. Makes it unlawful for the Association, on the basis of race, color, religion, sex, national origin, age, or disability, to: (1) fail or refuse to accept an individual into membership; (2) expel such individual from membership; (3) suspend such individual's membership; or (4) discriminate against such individual with respect to any of the benefits or obligations of membership. Authorizes: (1) a right of action to enforce such prohibition; and (2) the court to grant injunctive or other equitable relief. Authorizes the Association to acquire the assets of the United States Marshals Association, a nonprofit organization organized under the laws of the State of Virginia before the enactment of this Act. Subtitle G: Other Provisions - Designates the venue for espionage and related offenses as the District of Columbia or any other district authorized by law. Defines "livestock" (under the Federal criminal code) to mean any domestic animals raised for home use, consumption, or profit. Amends the Federal judicial code to: (1) authorize court for the Eastern District of Pennsylvania to be held in Lancaster, Pennsylvania; and (2) provide for the reimbursement of attorney's fees for current and former DOJ employees who were the subject of a criminal or disciplinary investigation related to such employee's discharge of official duties, where the investigation resulted in neither disciplinary action nor criminal indictment against such employee (but permits the Attorney General to make an inquiry into the reasonableness of the sum requested, based on specified guidelines). Authorizes appropriations for the construction of a U.S. Attorney's Office in Philadelphia, Pennsylvania. Requires each clerk of a Federal or State criminal court to: (1) report to the IRS the name and taxpayer identification number of any individual charged with a criminal offense who posts cash bail, or on whose behalf cash bail is posted, in an amount exceeding $10,000, and any individual or entity (other than a licensed bail bonding individual or entity) posting such cash bail for or on behalf of such individual; and (2) submit a copy of each such report to the offices of the U.S. Attorney and the local prosecuting attorney. Amends the Federal judicial code to require the Attorney General to: (1) mandate that any State or local LEA receiving funds from the DOJ Assets Forfeiture Fund conduct an annual audit and report the results of the audit to the Attorney General; (2) include all such audit reports within the Attorney General's report to the Congress; and (3) report for each fiscal year a description of the administrative and contracting expenses paid from the Fund. Amends the Omnibus Act to authorize the use of drug control and system improvement grants to develop or improve in a forensic laboratory a capability to analyze DNA for identification purposes. Requires State applications for grant funds to certify, if any part of such grant is to be used to develop or improve a DNA analysis capability in a forensic laboratory, that: (1) DNA analyses performed at such laboratory will satisfy or exceed then current standards for a quality assurance program for DNA analysis issued by the Director of the FBI; (2) DNA samples obtained by, and DNA analyses performed at, such laboratory will be accessible only to criminal justice agencies for law enforcement identification purposes, to a defendant for criminal defense purposes, who shall have access to samples and analyses in connection with the case in which the defendant is charged, and to others, if identifiable information is removed, for a population statistics database, for identification research and protocol development purposes, or for quality control purposes; and (3) such laboratory and each analyst performing DNA analyses at such laboratory will undergo, at regular intervals of not to exceed 180 days, external proficiency testing by a DNA proficiency testing program meeting the standards issued under this subtitle. Authorizes appropriations. Requires the Director of the FBI: (1) within 180 days, to appoint an advisory board on DNA quality assurance methods (and appoint members of the board from among nominations proposed by the head of the National Academy of Sciences and professional societies of criminal laboratory directors) to develop, and if appropriate, periodically revise, recommended standards for quality assurance, including standards for testing the proficiency of forensic laboratories in conducting such analyses. Mandates that such standards: (1) specify criteria for quality assurance and proficiency tests to be applied to the various types of DNA analyses used by forensic laboratories; and (2) include a system for grading proficiency testing performance to determine whether a laboratory is performing acceptably. Authorizes the Director of the FBI to establish an index of DNA identification records of persons convicted of crimes, analyses of DNA samples recovered from crime scenes, and analyses of DNA samples recovered from unidentified human remains. Specifies that such index shall include only information on DNA identification records and analyses that are: (1) based on analyses performed in accordance with publicly available standards that satisfy or exceed specified guidelines for the quality assurance program for DNA analysis; (2) prepared by labs and DNA analysts that undergo regular external proficiency testing; and (3) maintained by Federal, State, and local criminal justice agencies pursuant to rules that restrict disclosure of stored DNA samples and analyses. Makes the exchange of DNA identification records subject to cancellation if the quality control and privacy requirements of this subtitle are not met. Requires: (1) FBI personnel who perform DNA analyses to undergo, at regular intervals of not exceeding 180 days, external proficiency testing by a DNA proficiency testing program meeting the standards issued pursuant to this Act; and (2) the Director of the FBI to submit an annual report on the results of such tests to House and Senate Judicial Committees for five years after the enactment of this Act and arrange for periodic blind external tests to determine the proficiency of DNA analysis performed at the FBI laboratory within one year. Restricts disclosure of DNA tests performed for a Federal LEA to: (1) criminal justice agencies for law enforcement identification purposes; or (2) for criminal defense purposes, a defendant, who shall have access to samples and analyses performed in connection with the case in which the defendant is charged. Authorizes disclosure of test results for a population statistics database, for identification research and protocol development purposes, or for quality control purposes if personally identifiable information is removed. Sets fines of up to $100,000 for individuals: (1) having access to individually identifiable DNA information indexed in a database created or maintained by a Federal LEA by virtue of employment or official position who willfully disclose such information to any person or agency not entitled to receive it; and (2) who, without authorization, willfully obtain DNA samples or such individually identifiable DNA information. Authorizes appropriations. Amends the Omnibus Act to: (1) authorize the Director of the BJA to make grants to local educational agencies to provide assistance to such agencies most directly affected by crime and violence; and (2) require the Director to develop a written safe schools model (in English and in Spanish) in a timely fashion and make such model available to any such agency that requests such information. Earmarks such grants: (1) to fund anticrime and safety measures, and to develop education and training programs for the prevention of crime, violence, illegal drugs, and alcohol; and (2) for counseling programs for victims of crime within schools, crime prevention equipment, and the prevention and reduction of youth participation in organized crime and drug- and gang-related activities in schools. Sets forth application requirements, provisions with respect to limits on administrative costs and grant renewal, factors in the Director's consideration in awarding grants, and reporting requirements. Authorizes appropriations. Title XIII: Technical Corrections - Makes technical corrections to the Omnibus Act, CSA, Federal criminal code, and other statutes. Title XIV: Federal Law Enforcement Agencies - Federal Law Enforcement Act of 1992 - Authorizes appropriations for the Drug Enforcement Agency, FBI, INS, U.S. attorneys, U.S. marshals, the Bureau of Alcohol, Tobacco, and Firearms, U.S. courts, and defender services. Title XV: Federal Prisons - Authorizes appropriations for new prison construction.
Bill· HRH.R. 4361 (102nd)referred
United States · United States Congress · 3 March 1992
Healthy Students - Healthy Schools Act - Directs the Secretary of Health and Human Services (HHS) to designate, within the Centers for Disease Control (CDC), a Healthy Students-Healthy Schools Office (HSHS Office). Requires the HSHS Office to assist State and local educational agencies (SEAs and LEAs) to: (1) develop and maintain comprehensive sequential school health education programs and curricula (based on a model framework) in all elementary and secondary schools in their jurisdiction; (2) train teachers in such health education; (3) integrate school, community-based, and public-private health promotion efforts; (4) provide nutritious school food services; and (5) encourage healthy, tobacco-free school environments. Requires the Office also to: (1) provide technical support to SEAs and LEAs concerning health education programs and curricula; (2) administer the Healthy American Schools grant program; (3) establish and maintain a national clearinghouse to disseminate school health education information; (4) assist States in coordinating school-based programs to progress toward relevant Healthy People 2000 (HP 2000) Objectives and Healthy Students-Healthy Schools Goals (Goals); (5) assist States in evaluating competency-based health education skills and physical fitness, and collecting and maintaining data on health behavior indicators (including absenteeism due to pregnancy and ill-health), to measure progress toward such Objectives and Goals; (6) assist the Secretary in preparing an annual report on the status of school health education in the United States; and (7) coordinate with other Federal school health education efforts. Amends the Elementary and Secondary Education Act of 1965 to transfer the Office of Comprehensive School Health Education (CSHE Office) from the Office of the Secretary (of Education) to the Office of Elementary and Secondary Education (also within the Department of Education). Directs the Secretary of Education to facilitate such transfer. Requires the CSHE Office to: (1) act as a liaison office for coordination of its own activities with related activities of the Department of HHS; and (2) expand its own school health education research grant programs. Establishes the Healthy Students-Healthy Schools Advisory Council. Requires the Advisory Council to: (1) establish the national Goals based on existing data and research (including the HP 2000 Objectives), identifying the activities required to meet them as well as the Federal agencies or individuals responsible for each goal; (2) review existing comprehensive school health education standards, programs, and curricula, evaluating federally-supported programs currently being implemented in schools; (3) develop a model framework for sequential comprehensive school health education program and curricula; (4) develop and incorporate model guidelines and evaluation mechanisms, including baseline data gathering, in the model framework; (5) provide scientific and technical advice developing and implementing all components of such programs; (6) recommend uniform methods to link Federal research findings with State and local implementation; and (7) advise the Secretary of HHS and other Federal agencies. Directs the Secretary of HHS to establish a Healthy Students-Healthy Schools Interagency task force, to be staffed by the Office of Disease Prevention and Health Promotion and composed of representatives of that Office and specified agencies. Requires the Assistant Secretary for Health, Public Health Service, and the Assistant Secretary of Education (Elementary and Secondary Education) to serve as co-chairpersons of the task force. Requires the task force to: (1) review and coordinate all Federal school health education efforts (including drug and alcohol abuse prevention education, HIV prevention education, physical fitness, school services, and nutrition); (2) provide scientific and technical advice on developing and implementing the model framework; (3) develop a consolidated grant application form and procedures for use with respect to all school health-related programs; and (4) advise and assist the HSHS Office and other Federal agencies. Directs the Secretary of HHS, with Advisory Council assistance, to: (1) foster the interaction and coordination needed among Federal, State, and local agencies, schools, the private sector, scientific communities, health professionals, parents, and students in order to create Healthy American Schools; (2) update progress toward the Objectives and the Goals by establishing in the schools a national monitoring system, to be SEA- and LEA-administered; (3) ensure timely implementation of activities and mechanisms to monitor and achieve such objectives and goals; and (4) report annually to appropriate congressional committees and the States. Provides for recognition of exemplary schools and evaluation of States that incorporate the Goals. Directs the Secretary of HHS, through the HSHS Office, to award grants to States and LEAs to assist schools in becoming Healthy American Schools that teach comprehensive sequential school health education programs using advanced technologies such as computer-based learning and innovative communication channels. Requires that every public elementary and secondary school be eligible to receive such assistance. Requires such grants to be used to establish and implement programs that meet the goals of the HSHS program, including programs of: (1) teacher training in sequential school health education and related in-service training; (2) healthy school environment standards; (3) personal health and fitness; (4) nutrition education and nutritious food services; (5) mental health wellness; (6) chronic disease prevention; (7) substance abuse prevention; (8) accident prevention and safety education; (9) community and environmental health; (10) family life education; (11) communicable disease prevention and control; (12) effective use of health service delivery systems; (13) development and aging; and (14) worksite health promotion. Sets forth grant application requirements including 25 percent matching funds by the State (or Indian tribe). Directs the Secretary of HHS to recognize annually with plaques and cash awards, those schools that epitomize the HSHS Goals established under this Act. Sets forth requirements for data collection, program evaluation, and annual reports by the Secretary of HHS to the appropriate congressional committees and the States. Directs the Secretary of the Interior, through the Bureau of Indian Affairs (BIA) and in cooperation with the Secretary of HHS, to develop and implement a program providing sequential comprehensive health education and physical education to students enrolled in elementary and secondary schools operated by or on behalf of the BIA. Sets forth program requirements for: (1) courses of instruction; (2) student participation; and (3) consultation with representatives of the Indian tribes, local educational and health personnel, and the Advisory Council. Requires the Secretary of the Interior to submit a program progress report to the Congress within one year after enactment of this Act. Authorizes appropriations. Requires that fiscal year appropriations for the Healthy American Schools grant program attain a specified minimum level before the Secretary of HHS may carry out any of this Act. Amends the Drug-Free Schools and Communities Act of 1986 to allow appropriations under it to be used in conjunction with the HSHS Program of any State, Indian tribe, LEA, or school, so long as substance abuse prevention is a major component.
Bill· HRH.R. 4357 (102nd)referred
United States · United States Congress · 2 March 1992
National Education Property Board Act - Amends the Federal Property and Administrative Services Act of 1949 to establish as an independent establishment a National Education Property Board to: (1) identify and collect information on surplus and excess Federal personal property available from Federal agencies; (2) make such property available to the education community; (3) establish an information dissemination strategy; (4) provide technical assistance to property managers in participating government agencies; (5) develop a method of direct transfer of property from the Federal agency to the receiving educational institution; (6) develop a method to provide a Federal agency with the option to directly transfer surplus or excess personal property by loan, grant, or education donation slip; (7) oversee that transfers shall not be competitive and shall be at the discretion of the designated education authority at the respective Federal agency; (8) facilitate the disposal of all applicable surplus and excess personal property to educational institutions; and (9) report annually to the President and the Congress as specified. Authorizes the Board to make surplus and excess personal property, which would otherwise be made available to educational institutions through State agencies, directly available to educational institutions. Authorizes appropriations.
Bill· HRH.R. 4356 (102nd)referred
United States · United States Congress · 2 March 1992
Safe Schools Act of 1992 - Establishes in the Department of Education a National School Safety Center to serve as a clearinghouse for school-related information about violence and vandalism, safety programs, and crisis intervention plans. Authorizes the Center to: (1) conduct workshops and seminars; and (2) assist in teacher and administrator training and design and operation of school safety programs. Authorizes appropriations. Weapons-Free School Zones Act of 1992 - Amends Federal law to make it unlawful for a person to knowingly possess a potentially deadly weapon in a school zone. Authorizes the Director of the Office of National Drug Control Policy, upon request by the Governor or chief executive officer of an affected State or local government, to: (1) declare a severely threatened local school district a violent crime region; and (2) take necessary action, including use of Federal agency resources and personnel to support State and local law enforcement activities.
Bill· HRH.R. 4355 (102nd)referred
United States · United States Congress · 2 March 1992
American Schools Revitalization Act of 1992 - Authorizes appropriations to assist eligible local educational agencies (LEAs) in repairing and renovating instructional facilities in schools. Directs the Secretary of Education (the Secretary) to reserve one percent of such funds for monitoring activities under this title. Directs the Secretary to allot the remainder to eligible LEAs with approved applications. Directs the Secretary to allocate such funds on the basis of the number of: (1) children between the ages of five and 17 from families below the poverty line; (2) school buildings used for instructional purposes; and (3) school buildings more than 25 years old used for instructional purposes. Limits the period covered by a grant application to three years, and requires annual review by the Secretary. Lists types of programs eligible LEAs must conduct with their allotments for: (1) repair and renovation of school buildings; and (2) improvements related to environmental concerns and safety. Requires each eligible LEA to use half of its allotment for programs for school building repair and renovation, and half for programs for school environmental concerns and safety improvements. (Authorizes the Secretary to waive such 50 percent division in certain cases.)
Bill· SS. 2298 (102nd)referred
United States · United States Congress · 27 February 1992
Tobacco Health and Safety Act of 1992 - Amends the Federal Food, Drug, and Cosmetic Act (FDCA) to create a new chapter on tobacco products. Makes unlawful the distribution of a tobacco product that presents risks to health: (1) to persons under the age of 18, or under the higher age limit set by the State involved; (2) if it is misbranded or adulterated as described by this Act; or (3) as a free sample or by coupons or other discounting. Requires States to enact laws and promulgate regulations as necessary to ensure compliance. Authorizes the Secretary of Health and Human Services, if State enforcement is insufficient to comply with the age requirements of this Act, to impose requirements on the form, manner, and location of tobacco product sales in that State. Deems a tobacco product misbranded if: (1) its labeling is false or misleading in any particular; (2) its labeling fails to contain the statements required by the Cigarette Labeling and Advertising Act and the Comprehensive Smokeless Tobacco Health Education Act; (3) its labeling fails to contain the statement "Federal Law Prohibits Sale to Minors"; or (4) other requirements are not met. Allows the Secretary of Health and Human Services, by regulation, to require manufacturers to provide additional information to consumers through labeling, inserts, or other means. Allows the Secretary to modify the existing warning labels so long as the modifications do not weaken the health message in the warnings. Deems a tobacco product adulterated if: (1) the level of any tobacco additive is in violation of a requirement set under this Act; (2) the nicotine, tar, carbon monoxide, or other harmful constituent level has not been established under this Act; (3) it contains any added poisonous or deleterious substance that may render it injurious to health; or (4) other conditions are met. Requires manufacturers, importers, or packagers to provide the Secretary with a list of additives used in tobacco products. Authorizes the Secretary to establish public disclosure requirements for such additives. Requires the Secretary to test and establish the tar, nicotine, carbon monoxide, and other harmful constituent levels for each brand of tobacco product before such product may be lawfully sold. Authorizes the Secretary to make such information public. Directs the Secretary to report annually to the appropriate congressional committees on the use of tobacco additives and the levels of harmful constituents in tobacco products. Amends the Federal Cigarette Labeling and Advertising Act to change the required Surgeon General's warning messages. Deems to be a drug any product that contains nicotine but does not meet the FDCA definition of tobacco products.
Bill· HRH.R. 4346 (102nd)referred
United States · United States Congress · 27 February 1992
Albert Einstein Teacher Fellowship Act of 1992 - Authorizes the Secretary of Education to establish the Albert Einstein Teacher Fellowship Program to provide fellowships for outstanding secondary school science or mathematics teachers. Authorizes appropriations.
Bill· HRH.R. 4338 (102nd)referred
United States · United States Congress · 27 February 1992
Amends the National School Lunch Act to suspend specified compliance and accountability rules issued by the Secretary of Agriculture.
Bill· HRH.R. 4345 (102nd)referred
United States · United States Congress · 27 February 1992
Elementary Science Facilities Act - Authorizes the Secretary of Education to allot funds to State educational agencies to award grants to local educational agencies to provide hands-on instruction equipment and materials to elementary schools to improve mathematics and science education. Authorizes appropriations. Sets forth requirements for: (1) State allotments; (2) State and local applications; (3) grant award priorities; (4) State and Federal responsibilities; and (5) limitation on use of grant funds only for science equipment or materials and mathematical manipulative materials necessary for hands-on instruction.
Bill· HRH.R. 4340 (102nd)referred
United States · United States Congress · 27 February 1992
Jobs for the 1990's Act - Title I: General Purpose and Authority - Establishes a program to provide employment to unemployed individuals through payments for labor and related costs associated with: (1) repair or rehabilitation of community and educational facilities; (2) conservation, rehabilitation, and improvement of public lands; and (3) public safety, health, social service, and other activities necessary to the public welfare. Sets forth requirements for: (1) eligibility, in general; (2) priority for participation (including duration of unemployment); (3) special consideration for veterans; and (4) equal employment opportunities. Sets forth limitations on the use of funds including: (1) a 75 percent minimum reservation for wages and benefits; (2) a ten percent maximum limit on administration costs; (3) allowable use of remaining funds for acquiring supplies, tools, equipment, and other materials; (4) allowable use of other funds from other Federal or non-Federal sources; (5) Buy American requirements; (6) allowable use of title II funds for training and related support costs for a number of participants under certain conditions; and (7) a limit on the rate of salaries or wages for administrative or supervisory employees. Title II: Community Renewal Employment Programs - Part A: Community Improvement Projects - Provides for the Secretary of Labor to allot funds for employment of eligible participants in community improvement projects, including types of activities listed in title I of this Act. Allows for joint projects conducting such activities and others funded under other Federal law. Requires such projects to meet certain conditions, including completion within 18 months. Sets forth limitations on public lands projects. Makes eligible under this title any administrative entity of the service delivery area under the Job Training Partnership Act (JTPA) that serves one or more specified eligible jurisdictions, including local governments or areas (or Native American or Alaskan Native entities) that have an unemployment rate over six and one-half percent. Provides procedures for qualification of administrative entities. Sets forth requirements for allotment of funds by the Secretary of Labor under this title. Sets forth requirements for receipt of allotments, including submission of certain statements, installment payments, reports on use of funds, and withholding procedures. Sets forth requirements for project design, including priorities and coordination. Part B: Community Development Activities for Youth Trainees - Allows the use of funds under this title for youth trainee activities, which involve: (1) program payment of wages and benefits from such funds for part-time employment of up to 32 hours per week either in public works, lands, or service activities described under part A or at a work site operated by a public agency or private nonprofit organization or a for-profit employer; and (2) youth enrollment for at least eight hours per week in high school, an equivalency certificate program, or a skill training or basic skill or employability development program. Allows joint projects with activities receiving funds under the JTPA (including the Job Corps), the Carl D. Perkins Vocational and Applied Technology Education Act, or other State, local, public, or private education and training programs. Makes eligible to participate in such youth trainee activities any youth aged 16 through 19 who is currently unemployed. Gives priority to individuals who are economically disadvantaged. Requires that, among such individuals, eligible school dropouts are to be served on an equitable basis. Part C: State Job Programs - Requires that five percent of a State's allotment under this title be reserved for employment of eligible participants through: (1) State-administered programs and activities authorized under this title (for public works, lands, or services); (2) special assistance (in conjunction, as appropriate, with eligible administrative entities) for areas which have experienced sudden or severe economic dislocations, including large-scale losses of jobs due to facility closings or mass layoffs; (3) State-directed emergency aid programs to cope with natural disasters, including erosion, flood, drought, and storm damage assistance and control; and (4) special assistance to seasonal farmworkers and small farmers in rural, agricultural areas with substantial job losses due to farm mortgage foreclosures and other severe economic disruption (in conjunction, as appropriate, with eligible administrative entities or related programs under JTPA). Sets forth requirements for program and activity selection and design, and for statements and reports. Title III: Educational Facility Repair and Renovation Employment Activities - Part A: Elementary and Secondary School Facility Improvement Jobs - Provides for the Secretary of Education to allot funds for employment of eligible participants in public school facility repair, renovation, or rehabilitation projects to eligible local educational agencies (LEAs) in eligible jurisdictions. Requires that such funds be used, to the maximum extent possible, for quick-start projects (on which on-site labor can begin within 30 days of receipt of funds). Sets forth authorized uses of such funds for public school facility renovation, including: (1) bringing facilities into compliance with specified laws; (2) rewiring for new technology; (3) conversion to adult training centers; (4) energy-efficiency; and (5) asbestos control. Provides for Indian tribal school facilities projects for which the Secretary of the Interior is to make specified funds under this Act available upon application. Sets forth requirements for allotments to local educational agencies (LEAs) in eligible jurisdictions. Sets forth requirements for receipt of allotment, including statements, installment payments, reports, and withholding procedures. Part B: Higher Education Facility Improvement Projects - Provides provisions for the Secretary of Education to allot funds for employment of eligible participants in academic facility repair, renovation, or rehabilitation projects at institutions of higher education located within eligible jurisdictions (with a waiver for any State in which there are no such institutions within eligible jurisdictions). Sets forth quick-start project requirements. Sets forth authorized uses of such funds for academic facility and library renovation. Requires such funds to be allotted to States and made available to eligible institutions through the higher education building agency in accordance with a State plan under the Higher Education Act of 1965 if the primary purpose of such assistance is: (1) energy-efficiency, with priority for use of coal, solar, and renewable resources; (2) compliance with specified laws; (3) renovation of research or postsecondary training facilities, including rewiring for new technology; or (4) asbestos control. Gives priority to projects at those eligible institutions of higher education: (1) with the greatest proportion of students receiving Pell Grants; and (2) which have not been able to obtain funds for the performance of the project through sale of bonds or other obligations. Sets forth requirements for allotment of such funds among the States. Sets forth requirements for receipt of allotment, including statements, installment payments, reports, and withholding procedures. Part C: Special Definitions - Sets forth definitions for purposes of this title. Title IV: General Provisions - Sets forth general requirements for this Act, including: (1) prohibitions against discrimination and against sectarian purposes; (2) use of funds for supplementary activities; (3) prohibition against funds for subsidized employment to a private entity to substitute for government programs; (4) services to residents only (except homeless individuals who cannot prove residence); (4) prohibition against hiring voluntarily terminated workers; (5) prohibition against political activities; (6) Selective Service compliance; and (7) program abuse regulations. Sets individual wage rates in employment subsidized under this Act at not less than the highest of the: (1) Federal minimum wage; (2) State or local minimum wage; or (3) the prevailing rates of pay for those employed in similar occupations by the same employer. Sets the maximum rate for the average weekly portion of wages which may be paid to participants from funds under this Act at not more than 75 percent of the national average weekly earnings of production or nonsupervisory workers on private, non-farm payrolls. Allows supplementation of participants' wages from other sources. Requires that participants be allowed sufficient time off from work activities to participate effectively in the job search activities. Allows part-time, flexible-time, and work-sharing arrangements, if customarily offered by the employer and if participants receive customary benefits. Requires program maintenance of individual work records. Sets forth expenditure schedule requirements for funds under this Act. Sets forth labor standards. Sets forth requirements for working conditions, including: (1) applicable health, safety, and disability regulations; (2) comparable benefits and conditions; and (3) prohibition of retirement contributions. Requires protection for existing workers, including prohibitions against: (1) displacement of employed workers; (2) impairment of contracts for services and collective bargaining agreements; (3) filling of laid-off positions; and (4) promotional infringement. Requires submission of compliance reports to labor organizations representing government employees engaged in similar work as participants whose wages are subsidized under this Act. Requires such reports to include an analysis of job reduction under specified conditions. Sets forth complaint procedures. Requires recipients to provide assurances that none of the funds under this Act will be used to assist, promote, or deter union organizing. Requires that an opportunity to submit comments with respect to a proposal for funding under this Act be afforded to any labor organization representing a substantial number of employees engaged in similar work or training in the same area. Applies Davis-Bacon Act prevailing wage requirements to projects funded under this Act. Sets forth fiscal controls and sanctions. Provides for judicial review. Authorizes appropriations. Sets forth requirements relating to use of data and to computations under this Act.
Bill· HRH.R. 4350 (102nd)referred
United States · United States Congress · 27 February 1992
Tobacco and Nicotine Health and Safety Act of 1992 - Amends the Federal Food, Drug, and Cosmetic Act (FDCA) to create a new chapter on tobacco products. Makes unlawful the distribution of a tobacco product that presents risks to health: (1) to persons under the age of 18, or under the higher age limit set by the State involved; (2) if it is misbranded or adulterated as prescribed by this Act; or (3) as a free sample or by coupons or other discounting. Requires States to enact laws and promulgate regulations as necessary to ensure compliance. Authorizes the Secretary of Health and Human Services, if State enforcement is insufficient to comply with the age requirements of this Act, to impose requirements on the form, manner, and location of tobacco product sales in that State. Deems a tobacco product misbranded if: (1) its labeling is false or misleading in any particular; (2) its labeling fails to contain the statements required by the Cigarette Labeling and Advertising Act and the Comprehensive Smokeless Tobacco Health Education Act; (3) its labeling fails to contain the statement "Federal Law Prohibits Sale to Minors"; or (4) other requirements are not met. Allows the Secretary of Health and Human Services, by regulation, to require manufacturers to provide additional information to consumers through labeling, inserts, or other means. Allows the Secretary to modify the existing warning labels so long as the modifications do not weaken the health message in the warnings. Deems a tobacco product adulterated if: (1) the level of any tobacco additive is in violation of a requirement set under this Act; (2) the nicotine, tar, carbon monoxide, or other harmful constituent level has not been established under this Act; (3) it contains any added poisonous or deleterious substance that may render it injurious to health; or (4) other conditions are met. Requires manufacturers, importers, or packagers to provide the Secretary with a list of additives used in tobacco products. Authorizes the Secretary to establish public disclosure requirements for such additives. Requires the Secretary to test and establish the tar, nicotine, carbon monoxide, and other harmful constituent levels for each brand of tobacco product before such product may be lawfully sold. Authorizes the Secretary to make such information public. Directs the Secretary to report annually to the appropriate congressional committees on the use of tobacco additives and the levels of harmful constituents in tobacco products. Amends the Federal Cigarette Labeling and Advertising Act to change the required Surgeon General's warning messages. Deems to be a drug any product that contains nicotine but does not meet the FDCA definition of tobacco products.
Bill· HRH.R. 4348 (102nd)referred
United States · United States Congress · 27 February 1992
Waste Management Act of 1992 - Authorizes appropriations for FY 1993 through 1996 to carry out the Solid Waste Disposal Act. Title I: Provisions Relating Primarily to Subtitles A and B of the Solid Waste Disposal Act - Amends the Solid Waste Disposal Act to revise provisions concerning congressional findings and objectives. Declares it to be U.S. national policy that: (1) the creation of surplus and remnant material from production processes shall be reduced and residuals from post-consumer products shall be managed as material resources; (2) materials are to be managed at Federal, State, and local levels using specified waste reduction and management strategies; and (3) the Administrator of the Environmental Protection Agency (EPA) and the States shall not differentiate in the enforcement of this Act on the basis of whether an owner or person engaged in waste disposal activities is a public or private person, whether a facility is located on or off the premises where waste is generated, or whether an activity is carried out on or off the premises where the waste is generated. Sets forth as a national goal the recycling of at least 25 and 40 percent of municipal solid waste by 1995 and 2000, respectively. Requires the Inspector General of the EPA to report annually to the Congress on the implementation of, and compliance with, the Solid Waste Disposal Act. Adds specified annual reporting requirements. Directs the Administrator, for five years following the date of enactment of this Act, to identify five of the most toxic and common constituents of municipal waste. Requires the Administrator to consider, with respect to each of the constituents, imposing the following: (1) a ban on the use of such a constituent in production; (2) a ban on disposal in landfills or treatment in incinerators of any product containing such a constituent; (3) a requirement for special management standards for such products after discard; and (4) a requirement for the use of a substitute constituent. Permits the Administrator to impose such bans or requirements only by promulgating regulations. Requires the Administrator to publish annually in the Federal Register any information on such actions. Title II: Provisions Relating Primarily to Subtitle D of the Solid Waste Disposal Act - Subtitle A: Provisions Relating to Solid Waste Management Plans - Revises requirements for State solid waste management plans. Requires such plans to include: (1) an estimate of the capacity of the State to manage such waste; (2) permit programs; (3) solid waste recycling, reduction, incineration, and land disposal elements; (4) an overall waste materials strategy to cover one of two specified planning periods; (5) waste inventories; (6) personnel training and public education; (7) requirements for the management of household hazardous waste, tires, yard waste, and large household appliances; and (8) annual reporting requirements. Sets forth submission, approval, and implementation procedures for State plans. Authorizes a State with an approved plan and certification of compliance to: (1) prohibit the transportation of solid waste generated from another State into such State for disposal, storage, or incineration purposes; (2) prohibit the incineration, disposal, or storage of such waste; and (3) levy fees on solid waste or solid waste transporters that differentiate rates or other aspects of payment on the basis of waste origin. Requires such State, prior to exercising such authority, to certify to the Administrator that it has: (1) completed construction on facilities that will provide at least 70 percent of the capacity for solid waste management needed to implement the State plan; and (2) completed siting approval on facilities that will provide 100 percent of such capacity. Prohibits the interstate transport of solid waste in any State: (1) that does not have an approved plan within a specified time period; (2) that cannot certify continuing compliance; or (3) for which the Administrator has withdrawn approval of the State plan. Permits the Administrator to develop a plan for, and charge, any State that has not submitted a plan. Requires States to establish permit programs and issue permits to solid waste management facilities in compliance with this Act. Prohibits the incineration, storage, or disposal of such waste at, or the transportation of such waste to, facilities without permits. Sets forth transitional permit requirements and deadlines. Limits permit terms to ten years and provides for permit modifications, as appropriate. Authorizes States to grant variances from permit requirements if it is demonstrated that no adverse effects to human health or the environment will result from such variances. Subtitle B: Provisions Relating to Federal Requirements - Directs the Administrator to promulgate standards, guidelines, and regulations for: (1) municipal solid waste landfills; (2) municipal solid waste incinerators; (3) industrial waste; (4) above-ground storage tanks; and (5) other waste categories, as appropriate. Permits State Governors to petition the Administrator for the promulgation of additional standards, guidelines, and regulations. Sets forth requirements for municipal solid waste landfills, to include: (1) specified detection and monitoring controls; (2) daily cover; (3) closure and postclosure requirements; (4) financial responsibility and corrective action requirements; (5) groundwater monitoring; (6) liners and leachate collection and removal systems, as appropriate; (7) construction quality assurance plans; and (8) prohibitions on landfills being located within the 100-year flood plain, within specified distances of faults, or within seismic impact zones or other unstable areas, unless certain conditions have been met. Requires the Administrator to publish guidelines for identifying materials which should be removed from solid waste before its incineration in a municipal solid waste incinerator. Directs the Administrator to promulgate regulations applicable to the operation and management of municipal solid waste incinerators and to the disposal or recycling and reuse of municipal solid waste incinerator ash. Prohibits the disposal of ash in units that are created as a result of vertical expansion of an existing waste disposal facility unless it is demonstrated that there will be no settling of waste that would impair the integrity of the liners. Requires that landfills into which such ashes are disposed provide for groundwater monitoring and: (1) place such ashes in a monofill having a leachate collection system and a single liner designed and operated to prevent the migration of any constituent into such liner; or (2) have two or more liners and a leachate collection system above and between such liners. Provides that landfill design requirements shall not apply to alternatively-designed units if it is demonstrated that such designs prevent such migration. Directs the Administrator to prescribe criteria and testing procedures for identifying the hazardous properties of municipal incinerator ash so that ash which does not exhibit such properties may be placed in sanitary landfills meeting current criteria under specified conditions. Requires ash which is hazardous to human health or the environment to be treated prior to recycling or reuse. Prohibits, four years after this Act's enactment, the operation of incinerators and the receipt of ash for treatment, storage, disposal, reuse, or recycling without a permit or prior approval under a State program. Requires civil penalties imposed against local governments for violations of this Act to be deposited into a trust fund for programs that serve to enhance the protection of human health and the environment. Sets forth transitional provisions. Requires the Administrator to identify, classify, and report to the Congress and States on specified types of industrial waste. Directs generators or transporters of such waste and owners or operators of facilities handling such waste to file notifications with the State concerning facility locations and descriptions of activities and wastes handled. Sets forth requirements for industrial waste management, to include: (1) authorizations to operate; (2) monitoring, recordkeeping, and reporting requirements; (3) performance standards; (4) financial responsibility assurances; (5) design, operating, closure, and postclosure criteria; and (6) corrective action requirements. Applies such requirements to the following facilities: (1) industrial waste facilities that produce such waste and are not implementing closure or postclosure plans; and (2) inactive or abandoned facilities that are reactivated. Requires the Administrator to study the adverse effects on human health and the environment of the disposal of other nonhazardous waste. Directs the Administrator to promulgate solid waste storage regulations. Excludes from such regulations storage at transportation-related facilities. Requires State plans and permits to include requirements for municipal solid waste landfills and incinerators and for industrial wastes. Subtitle C: Other Provisions - Directs the Administrator to compile and periodically update a non-hazardous solid waste inventory to determine, by State or region: (1) an estimate of the amount of such waste to be generated annually and likely to be generated in each of the next 20 years; and (2) the capacity of existing and proposed waste management facilities. Sets forth Federal enforcement provisions. Prescribes civil and criminal penalties for violations of solid waste management requirements. Title III: Provisions Relating Primarily to Subtitle H of the Solid Waste Disposal Act - Requires the Administrator to: (1) develop model recycling programs for States and localities; and (2) carry out a continuing program to evaluate demonstrated waste management technologies that could be used by municipalities and report periodically on such program. Authorizes the Administrator to make grants to counties or municipalities for implementing recycling programs and developing markets for recycled materials. Authorizes appropriations.
Bill· HJRESH.J.Res. 431 (102nd)referred
United States · United States Congress · 27 February 1992
Designates the week beginning April 19, 1992, as National Credit Education Week.
Bill· SS. 2262 (102nd)referred
United States · United States Congress · 26 February 1992
Rural Jobs and Investment Act of 1992 - Title I: Agriculture, Rural Development and Related Agencies - Subtitle A: Farmers Home Administration - Makes supplemental FY 1992 appropriations for: (1) rural housing loans; (2) rural housing repair loans; (3) rural rental housing loans; (4) rural rental multifamily housing loans; (5) rural water and sewer facility loans; (6) community facility loans; (7) the rural development loans program account; (8) rural water and waste disposal grants; (9) very low-income housing repair grants; (10) supervisory and technical assistance grants; (11) rural housing preservation grants; (12) rural development grants; and (13) local technical assistance grants. Subtitle B: Rural Electrification Administration - Provides supplemental FY 1992 appropriations for insured rural electrification loans. Subtitle C: Office of the Assistant Secretary for Science and Education - Provides supplemental FY 1992 appropriations for alternative agricultural research and commercialization. Title II: Interior - Makes supplemental FY 1992 appropriations for Department of Energy programs of: (1) low-income weatherization assistance; and (2) institutional energy conservation and the State energy conservation programs. Title III: Veterans Affairs and Housing and Urban Development - Provides supplemental FY 1992 appropriations for: (1) community development grants; (2) home investment partnerships; (3) water treatment works; and (4) State water pollution control revolving funds. Title IV: Commerce, Justice, and State - Provides supplemental FY 1992 appropriations for the Small Business Administration microloan demonstration program.
Bill· HRH.R. 4326 (102nd)open
United States · United States Congress · 26 February 1992
National Parks and Public Lands Wilderness Management Act - Directs the Secretary of the Interior (Secretary) to establish and maintain wilderness management programs within the National Park Service and the Bureau of Land Management (Park Service) (BLM) to protect and restore the pristine wilderness portions of the National Wilderness Preservation System (System) managed by such agencies. Requires the Directors of the Park Service and of BLM (Directors) each to appoint a Wilderness Division Chief for their respective agencies to supervise management of that agency's portions of the System. Requires the President's budget to the Congress for each fiscal year after the enactment of this Act to identify specifically, in a line item for each agency separate from other programs, funds to be expended by the Park Service and BLM on wilderness management. Declares that such appropriated funds shall be spent on wilderness management only. Requires the Directors to establish and maintain a national wilderness monitoring system, based on the best available science, to monitor the condition of the wilderness resource within each agency's portions of the System. Requires the Secretary, beginning in 1995 and every five years thereafter, to report to the President and specified congressional committees on the condition of the wilderness resource on Park Service and BLM lands, identifying steps the Secretary plans to take to reverse any degradation or deterioration. Requires the Directors to: (1) develop guidelines for a personnel evaluation system for each line officer with wilderness management responsibilities; and (2) establish a field wilderness ranger program for specified lands managed by the agencies. Requires the Director of BLM to take certain steps to improve the efficiency of the wilderness management program and give it needed emphasis. Requires the Park Service and BLM to complete Wilderness Management Plans for each wilderness area designated on or before the enactment of this Act. Directs such agencies, within two years after non-designated areas have been designated, to complete wilderness management plans for them. Requires the Secretary and other U.S. departments that manage wilderness to establish a national wilderness education program to educate the American people on wilderness laws and policies, values of wilderness, wilderness ecological processes, and ways to minimize visitor impacts on the wilderness resource. Directs BLM to: (1) conduct cadastral boundary surveys before offering timber on tracts adjacent to its public lands for sale to locate the legal boundaries of the wilderness areas; and (2) take necessary actions to ensure that timber harvesting is restricted on them. Requires the Secretary to: (1) protect cultural resource sites in wilderness areas; (2) encourage specified scientific research in them; and (3) establish wilderness research programs within the Park Service and BLM. Requires the President's budget to the Congress for each fiscal year after the enactment of this Act to identify specifically, in a line item for each agency separate from other programs, funds to be spent by them on wilderness research. Authorizes appropriations.
Bill· HRH.R. 4325 (102nd)open
United States · United States Congress · 26 February 1992
National Forest Wilderness Management Act - Directs the Secretary of Agriculture (Secretary) to establish and maintain a wilderness management program within the Forest Service to protect and restore the pristine wilderness of the national forest portions of the National Wilderness Preservation System (System). Requires the Chief of the Forest Service (Chief) to appoint a Director of Wilderness to supervise the management of the national forest portions of such System. Requires the President's proposed budget to the Congress for each fiscal year after the enactment of this Act to identify specifically, in a line item separate from the Forest Service's recreation program, funds to be expended by the Forest Service on wilderness management. Declares that such appropriated funds shall be spent on wilderness management only. Directs the Chief to appoint a committee of at least five scientists to make recommendations to the Chief and Directors of the Federal agencies that manage wilderness in the Department of the Interior on establishing and maintaining a national wilderness monitoring system. Requires the committee to report on such recommendations to the Chief, such Directors, and specified congressional committees. Directs the Chief to establish a national wilderness monitoring system, based on the best available science, to monitor the condition of the wilderness resource within the national forest portions of the System. Requires the Secretary, beginning in 1995 and every five years thereafter, to report to the President and specified congressional committees on the condition of the wilderness resource on national forest lands, identifying steps the Secretary plans to take to reverse any degradation or deterioration. Directs the Chief to: (1) develop guidelines for a personnel evaluation system for each line officer with wilderness management responsibilities; and (2) take steps to improve the efficiency of the wilderness management program and to give it needed emphasis. Requires the Forest Service to amend the National Forest Management Plan for each national forest with wilderness designated on or before the enactment of this Act to make such Plan consistent with this Act. Directs the Forest Service, within two years after non-designated areas have been designated, to complete wilderness management plans for such areas. Directs the Secretary to establish the Arthur Carhart National Wilderness Academy to provide interagency training for wilderness managers. Requires the Secretaries of Agriculture and of the Interior to establish a national wilderness education program to educate the American people on wilderness laws and policies, values of wilderness, wilderness ecological process, and ways to minimize visitor impacts on the wilderness resource. Directs the Forest Service to: (1) conduct cadastral boundary surveys before offering timber on tracts adjacent to national forest land for sale to locate the legal boundaries of any such wilderness areas; and (2) take necessary actions to ensure that timber harvesting is restricted on them. Requires the Secretary to: (1) protect cultural resource sites in wilderness areas; and (2) encourage specified scientific research in them. Establishes within the Forest Service the Aldo Leopold Wilderness Research Institute in or near Missoula, Montana. Directs the National Academy of Sciences to assess and report to the Secretaries of Agriculture and of the Interior and specified congressional committees on the status of wilderness research nationwide. Requires the Secretary, through the Cooperative State Research Service, to establish a program to provide wilderness research grants to State supported colleges and universities, and to encourage States to submit wilderness research proposals for such grants. Amends the McIntire-Stennis Act to include the following within the scope of forestry research: protection, management, and maintenance of the National Wilderness Preservation System. Requires the Secretary to establish within wilderness areas at least one global baseline site for each region of the Forest Service to monitor the environmental health of the Earth. Requires the President's budget to the Congress for each fiscal year after the enactment of this Act to identify specifically, in a separate line item from other research programs, funds to be spent by the Forest Service on wilderness research. Defines "special management area" as any area of national forest land, other than wilderness areas, wild and scenic rivers, and national trails system areas that have been given a special designation by Act of the Congress (such as national recreation area, national scenic area, or national monument). Directs the Secretary, acting through the Forest Service, to take necessary actions to: (1) increase public awareness of such special management areas to make them highly visible; and (2) provide management that sets them apart from general national forest lands consistent with their designation. Requires the Chief: (1) to appoint an area manager for each special management area; and (2) to provide public information for them. Requires the Forest Service to amend the National Forest Management Plan for each national forest which includes a special management area designated on or before the enactment of this Act, to include a management plan for each forest. Directs the Forest Service, within two years after designation of each special management area after the enactment of this Act, to include a management plan for such forest in the National Forest Management Plan. Requires the President's budget to the Congress for each fiscal year after the enactment of this Act, to identify specifically, in a separate line item, funds to be spent by the Forest Service on special management areas. Directs the Chief, beginning in 1995 and every five years thereafter, to report to the Secretary and specified congressional committees on the status of all special management areas and plans for them. Includes all lands in the Frank Church-River of No Return Wilderness within a single separate national forest (known as the Frank Church-River of No Return Wilderness National Forest) in order to: (1) protect the wilderness resource by giving it a quality wilderness management program; (2) encourage scientific research; and (3) serve as a model wilderness management program. Authorizes appropriations.
Bill· HRH.R. 4327 (102nd)open
United States · United States Congress · 26 February 1992
National Wildlife Refuge Wilderness Management Act - Directs the Secretary of the Interior (Secretary) to establish and maintain a wilderness management program within the U.S. Fish and Wildlife Service (Service) to protect and restore the pristine wilderness portions of the National Wilderness Preservation System (System) managed by the Service. Requires the Director of the Service (Director) to appoint a Wilderness Division Chief to supervise management of its portions of the System. Requires the President's budget to the Congress for each fiscal year after the enactment of this Act to identify specifically, in a line item separate from other U.S. Fish and Wildlife programs, funds to be expended by the Service on wilderness management. Declares that such appropriated funds shall be spent on wilderness management only. Requires the Director to establish and maintain a national wilderness monitoring system, based on the best available science, to monitor the condition of the wilderness resource within the Service's portions of the System. Requires the Secretary, beginning in 1995 and every five years thereafter, to report to the President and specified congressional committees on the condition of the wilderness resource on the Service's lands, identifying steps the Secretary plans to take to reverse any degradation or deterioration. Requires the Director to: (1) develop guidelines for a personnel evaluation system for each line officer with wilderness management responsibilities; and (2) establish a field wilderness ranger program for each national wildlife refuge with wilderness. Requires the Service: (1) to complete Wilderness Management Plans for each wilderness area designated on or before the enactment of this Act; and (2) within two years after non-designated areas have been designated, to complete such plans for them. Requires the Secretary and other U.S. departments that manage wilderness to establish a national wilderness education program to educate the American people on wilderness laws and policies, values of wilderness, wilderness ecological processes, and ways to minimize visitor impacts on the wilderness resource. Requires the Secretary to: (1) protect cultural resource sites in wilderness areas; (2) encourage specified scientific research in them; and (3) establish wilderness research programs within the Service. Requires the President's budget to the Congress for each fiscal year after the enactment of this Act to identify specifically, in a line item separate from other research programs, funds to be spent by the Agency on wilderness research. Authorizes appropriations.
Bill· HRH.R. 4323 (102nd)open
United States · United States Congress · 26 February 1992
Neighborhood Schools Improvement Act - Amends the Elementary and Secondary Education Act of 1965 (ESEA) to add a new title VIII, Neighborhood Schools Improvement, to support a ten-year effort to improve education for all students in the Nation through grants to States to restructure education systems at State and local levels. Authorizes the Secretary of Education (the Secretary) to make such grants to State educational agencies (SEAs) to enable States and local educational agencies (LEAs) to reform and improve the quality of education. Requires such grants to be used to: (1) develop innovative educational reform plans, including State achievement goals, and quality development in curricular frameworks, and materials, professional development strategies, and assessment tools; and (2) implement reforms and plans to improve the education system at the State and local levels. Sets forth application requirements. Requires SEA grant applications to cover a five-year period, and to contain specified assurances, descriptions, and other provisions. Directs the Secretary to: (1) approve applications and amendments that meet such requirements and that are of sufficient quality to meet specified objectives; and (2) give notice, technical assistance, and opportunity for a hearing before any final disapproval. Allows the SEA to reapply for such grant assistance for a second five-year period. Requires the Secretary to approve a second award if the State has met all its reporting requirements and demonstrates reasonable progress in carrying out its plan. Requires each State program assisted under this Act to establish a panel to develop a statewide reform plan. Sets forth requirements for various officials and entities to be represented on such panel. Sets forth requirements for State plan contents, and for plan development, approval, and oversight review procedures. Requires States with approved plans to use funds (allotted by the Secretary under this Act, and State and private funds contributed to make up the total cost of a State program) to: (1) develop and implement State plans, including goals, curricular frameworks, and assessment tools; (2) panel activities; (3) subgrants to LEAs; (4) technical assistance (including information dissemination) to carry out local plans; and (5) evaluation, reporting, and data collection. Authorizes subgrants to LEAs, in the first year of a State's allotment, to develop local plans. Requires the SEA, in the second and each succeeding year, to make subgrants to LEAs, from not less than 75 percent of the total cost of the State's program, provided that: (1) at least one LEA in each congressional district shall receive a subgrant; and (2) the LEA with the greatest number of disadvantaged children in the State shall receive a subgrant. Requires that funds available under this Act be used to carry out the plan in a manner which ensures that all children, and especially those identified through the assessment process as not achieving satisfactorily, are afforded ample opportunity to reach local, State, and national goals. Sets forth requirements for content, development, and approval of local plans. Requires LEAs to establish local committees to develop plans which LEAs must formally approve. Requires local plans to assure: (1) broad-based community participation in plan development; and (2) ongoing evaluation of plan effectiveness, including annual review and making necessary changes. Requires local plans to propose district-wide reform which includes: (1) developing a curriculum to implement the State's frameworks; (2) setting local goals; (3) adopting or developing instructional materials; (4) providing teacher and administrator training; and (5) adopting or developing a curriculum-based assessment system to measure progress toward meeting State and local goals. Requires local plans to also include provisions relating to: (1) parental involvement; (2) nondiscriminatory availability of curricular frameworks and materials and professional development; (3) ongoing evaluation; (4) review of existing Federal programs' contribution; (5) laws and regulations impeding the plan; (6) maximum local level use of funds; and (7) dissemination of successful practices. Gives priority to local plans evidencing broad community support. Sets forth provisions for: (1) State technical assistance for local plan development; (2) LEA review and approval of the local plan; (3) conditions for additional subgrants; and (4) oversight review of the local plan. Requires LEAs to use such subgrant funds for district-wide reform, consistent with State and local plans. Sets forth a list of authorized activities (including site-based management and merit schools). Authorizes appropriations to carry out this Act for FY 1992 through 2001. Directs the Secretary to allot annually a specified portion of funds under this Act to the Secretary of the Interior to benefit Indian students enrolled in schools funded by the Department of the Interior for Indian students. Authorizes the Secretary, from the remaining funds under this Act, to make annual grants to States with approved applications based upon the formula for State allotments under the chapter 1 program for education of disadvantaged children (under part A of chapter 1 of title I of ESEA). Provides for a gradually declining Federal share (from 100 percent in the first year to 33 percent in the fifth and any succeeding year) of total program costs. Requires the remaining program cost to be paid by the State from a combination of State and private sector funds. Limits the amount which may be reserved for administrative costs. Sets forth maintenance of effort requirements. Sets forth provisions for an agreement between the Secretary and the Secretary of the Interior concerning the payment of the latter under this Act for Indian students, including specified assurances, terms, and panel designation. Sets forth requirements relating to the availability of information and training for private schools with respect to funds under this Act. Requires annual progress reports by States to the Secretary, including progress toward State goals and plans and descriptions of proposed activities for the succeeding year and of Federal regulations which may impede local reform activities. Requires, in addition, State biennial reports on LEA revenues and expenditures, including specified information as well as a detailed description of the State's school finance programs. Directs the Secretary to provide technical assistance for State compliance with such reporting requirements. Directs the National Center for Educational Statistics to review data from such State reports to determine adherence to specified definitions before such data is submitted for policy analysis by the National Academy of Sciences (NAS). Directs the Secretary to evaluate a representative sample of such State and local reform efforts, over the course of the ten-year authorization, to assess their effectiveness in improving educational performance outcomes of all children, including an examination of such activities' effects on disadvantaged students. Authorizes reservation of a portion of funds for such evaluation. Directs the Secretary to disseminate, annually and upon request, information to the States on approaches and materials developed under this Act or through related efforts. Directs the Secretary to provide, through a contract with NAS, for preparation of a statistical and policy analysis of school finance and related data reported by States in their required biennial reports. Requires such analysis to address disparities in educational expenditures, and the reasons for such disparities, among LEAs in each State and among States across the Nation. Sets forth requirements for the methodology of such analysis. Requires NAS to develop model equalized school finance programs. Requires NAS to report to specified congressional officials, within three years following the first allotment to States under this Act, on such information in such analysis. Directs the Secretary to make such report available to the States and, upon request, to the public. Directs the Secretary to provide, upon request and either directly or by contract, technical assistance to States which endeavor to implement a model school finance program developed by NAS. Directs the Secretary to report annually to specified congressional officials on: (1) State progress in developing and implementing their plans under this Act; (2) Federal laws or regulations identified by States and LEAs as impeding system-wide school reform; and (3) average per pupil expenditures by States. Declares that nothing in this Act shall: (1) supersede State law; or (2) be construed to authorize any Federal department, agency, officer, or employee to exercise any control over curriculum, instruction program, administration, or personnel of any educational institution or school system, or to prescribe the use of a particular examination or standards.
Bill· HRH.R. 4316 (102nd)referred
United States · United States Congress · 26 February 1992
Volunteers Investing in Peace and Security Act - Directs the Secretaries of Defense and State to jointly carry out a program to provide technical assistance to address the infrastructure needs of East European countries, the Baltic states, and the former Soviet republics. Directs that assistance under the program shall be provided by volunteers who are retired or former members of the armed forces who have been recently released from active duty. Outlines eligibility requirements for the volunteers participating in the program, including the possession of relevant technical skills relating to the infrastructure needs of such areas. Requires such volunteers to have been separated from active duty within two years before the enactment of this Act. Directs the Secretary of Defense to employ such volunteers by contract to provide services in such areas. Requires a two-year period of volunteer service for each person selected. Requires such Secretary to maintain a registry of qualified applicants. Directs the Secretary of State to assess the infrastructure needs of all the areas in order to identify the technical skills that could be provided by such volunteers and to identify opportunities for the placement of volunteers with governmental or nongovernmental entities in each participating country. Directs such Secretary to provide volunteers chosen with all appropriate language training, cultural orientation, and other necessary education and training. Authorizes the Secretary to assign a volunteer to the Peace Corps program in such area. Outlines provisions concerning administration, compensation, and benefits for each volunteer chosen. Limits to 1,000 the number of volunteers participating in the program at any one time. Terminates the selection of such volunteers as of September 30, 1995.
Bill· HRH.R. 4319 (102nd)referred
United States · United States Congress · 26 February 1992
Higher Education Finance Improvement Act - Amends the Internal Revenue Code to allow an income tax deduction for interest on any indebtedness incurred: (1) to pay the higher educational expenses of the taxpayer, spouse, or child; and (2) pursuant to a Federal or State loan guarantee or insurance program. (Under current law, such a loan must be secured by an interest in real property.) Allows penalty-free withdrawals from qualified retirement plans for the payment of qualified higher education expenses.
Resolution· HRESH.Res. 379 (102nd)passed
United States · United States Congress · 26 February 1992
Makes available from the contingency fund of the House of Representatives certain amounts for expenditures by the following House committees in the second session of the 102d Congress: Aging; Agriculture; Armed Services; Banking, Finance and Urban Affairs; Children, Youth, and Families; District of Columbia; Education and Labor; Energy and Commerce; Foreign Affairs; Government Operations; House Administration; Hunger; Intelligence; Interior and Insular Affairs; Judiciary; Merchant Marine and Fisheries; Narcotics Abuse and Control; Post Office and Civil Service; Public Works and Transportation; Rules; Science, Space, and Technology; Small Business; Standards of Official Conduct; Veterans' Affairs; and Ways and Means. Limits the use of such funds to investigations and studies, including procurement of consultant services and specialized training for professional staff.
Bill· SS. 2258 (102nd)referred
United States · United States Congress · 25 February 1992
Education Capital Fund Act of 1992 - Establishes the Education Capital Fund Board to enter into: (1) three-to-ten-year performance grant contracts (75 percent federally funded) with local educational agencies, consortia, or partnerships for programs of educational reform; and (2) three-to-ten-year contracts (50 percent federally funded) with up to five States for statewide reform initiatives. Directs the Board to: (1) establish an Advisory Board to assist in identifying components of successful schools, districts and reform initiatives, and to establish funding priorities; (2) cooperate with regional educational laboratories to establish a technical assistance referral network; (3) establish contract review and program evaluation procedures; and (4) report annually to the Congress. Amends the Internal Revenue Code to: (1) establish in the Treasury the Education Capital Fund; and (2) increase the corporate tax rate to pay for Fund expenses in years in which the Fund's unboligated balance does not exceed $1,000,000,000.
Bill· SS. 2260 (102nd)referred
United States · United States Congress · 25 February 1992
Rocky Mountain Arsenal National Wildlife Refuge Act of 1992 - Directs the Secretaries of the Army and the Interior, no later than October 1, 1992, to enter into a memorandum of understanding under which: (1) the Secretary of the Army transfers to the Secretary of the Interior all responsibility to manage for wildlife and public use purposes the Rocky Mountain Arsenal in Colorado, except for specified portions designated under this Act; and (2) the Secretary of the Interior shall establish and manage the real property transferred as a unit of the National Wildlife Refuge System. Requires the Administrator of the Environmental Protection Agency, before such transfer is complete, to certify that cleanup and remedial actions required under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 have been completed. Directs the Secretary of the Army to retain jurisdiction and control over all real property at the Arsenal used for water treatment, the disposition of hazardous substances, and other purposes related to environmental cleanup and remediation. Requires such cleanup and remediation activities, to the extent possible, to be compatible with the wildlife and public use purposes of the Arsenal as a wildlife refuge. Continues the validity of all leases related to real property at the Arsenal after such transfer. Requires the management by the Secretary of the Interior of the Arsenal as a wildlife refuge to be subject to any required environmental cleanup and remediation activities by the Secretary of the Army. Outlines provisions concerning U.S. liability for environmental hazards present at the Arsenal both before and after final transfer under this Act. Directs the Secretary of the Interior, by December 1, 1992, to establish the Rocky Mountain Arsenal National Wildlife Refuge with such transferred property. Requires such Secretary to publish a notice of such establishment in the Federal Register. Outlines provisions concerning administration of the Refuge. Outlines fish, water, wildlife, and various public use purposes of the Refuge. Prohibits the establishment of the Refuge to limit, restrict, or modify the ongoing environmental remediation conducted by the Secretary of the Army pursuant to this Act. Prohibits the Secretary of the Interior from permitting the annexation of lands within the Refuge by any unit of general local government. Designates defined areas within the Arsenal for disposal for commercial, highway, or other public use purposes. Directs the Secretary of the Army, within 180 days after the completion of remedial design for the Arsenal and after providing an opportunity for public comment, to determine which parcels shall be retained from the Arsenal transfer for cleanup and remediation measures. Requires the Secretary of the Army to notify the State of Colorado and appropriate units of local government of the proposed and final determinations. Directs the Secretary of the Army to then transfer unretained parcels to the Administrator of General Services for disposal for commercial, highway, or other public use purposes, as stated. Outlines limitations to such disposal, including the requirement that it be subject to applicable provisions of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980. Requires any amounts realized from the sale of property disposed by the Secretary of the Army to be transferred to the Director of the U.S. Fish and Wildlife Service to supplement funds available for the construction of a visitor and education center at the Refuge.
Bill· SS. 2255 (102nd)referred
United States · United States Congress · 25 February 1992
Amends title IV (Student Assistance) of the Higher Education Act of 1965 (HEA) to establish the Income Dependent Education Assistance (IDEA) program as part D of such title. (Replaces the current part D, Income Contingent Direct Loan Demonstration Project.) Authorizes the Secretary of Education (the Secretary) to carry out IDEA as a program that: (1) makes direct loans (self-reliance loans) to all eligible students enrolled at participating institutions of higher education, without regard to student financial need; and (2) establishes an account for each borrower and collects repayments on such loans in accordance with the Internal Revenue Code (as amended by this Act). Directs the Secretary to: (1) make IDEA payments to participating institutions on the basis of estimated borrowing needs of students; and (2) make initial IDEA payments in a manner similar to the procedure for distribution of Pell Grants. Deems eligible students at participating institutions to have a contractual right against the United States to receive a self-reliance loan, regardless of financial need, but requires such students nonetheless to undergo needs test assessments for the Pell Grant and Stafford Loan programs for the fiscal year for which the self-reliance loan is to be received. Directs the Secretary to select for IDEA program participation diverse types of institutions of higher education from among those eligible to participate in Stafford Loan programs. Limits the initial selection to 300 institutions by May 1, 1993, with the projected volume of new student borrowing under IDEA not to exceed specified limits for each of FY 1994 through 1997. Provides for expansion of the program, beginning on August 1, 1997, by directing the Secretary to permit participation by all institutions of higher education that have the administrative and fiscal capacity to administer a self-reliance loan program, if the Congress: (1) does not act before such date to terminate or modify the program; and (2) takes the affirmative step to approve such expansion by providing sufficient resources to offset program costs. Directs the Secretary to publish criteria for institutional eligibility for the IDEA program by September 1, 1995. Sets forth requirements for institutional applications and program agreements. Sets forth borrowing limits on self-reliance loans, as follows: (1) annual: $5,000 for an undergraduate, $15,000 for a graduate student; (2) aggregate: $25,000 for an undergraduate, $30,000 for a gradute student (with a $30,000 maximum for any student); (3) maximum in combination with Stafford guaranteed loan programs and Perkins direct loans, equal to specified limits on aggregate indebtedness under the Stafford loans program except that independent students under the Supplemental Loans for Students (SLS) program may borrow an additional $10,000 under IDEA above those limits; and (4) no self-reliance loan to exceed the student's cost of attendance for the year in question. Requires the interest rate for self-reliance loans to be: (1) established at the time the loan is made; and (2) equal to the interest rate on 52-week Treasury bills plus an additional two percentage points. Directs the Secretary to establish such interest rate at the same time and with the same frequency as interest rates are established for the Supplemental Loans for Students program. Requires repayment of self-reliance loans through the income tax collection system. Requires borrowers to devote seven percent of their adjusted gross income to such repayment, except that the Secretary is required to allow the following options to borrowers at the following levels of indebtedness when they enter repayment: (1) for low indebtedness, three, five, or seven percent of such income; and (2) for moderate indebtedness, five or seven percent of such income. Provides that self-reliance loan borrowers shall be in repayment status for any taxable year, unless: (1) the borrower was, during at least seven months of such year, a student enrolled in an institution of higher education on at least a half-time basis; or (2) such taxable year was the first year in which the borrower was such a student and the borrower was such a student during the last three months of such year. Requires repayment to continue until the loan has been repaid or for 25 years after the borrower ceases to be enrolled on at least a half-time basis, whichever occurs first. Provides that no repayment shall be due in any year in which the borrower is not required to file a tax return under the Internal Revenue Code. Requires borrowers who marry individuals who have not received self-reliance loans to make repayments on the basis of the greater of: (1) one-half of the adjusted gross income on the joint income tax return; or (2) the individual borrower's adjusted gross income. Allows borrowers to defer, at their own discretion, payment of interest on self-reliance loans while they attend institutions of higher education on at least a half-time basis. Allows borrowers to prepay all or part of a self-reliance loan to the Secretary without a penalty. Provides for discharge, by the Secretary, of the self-reliance loan liability of any borrower who dies or becomes permanently and totally disabled. Provides that, in general, a self-reliance loan shall not be dischargeable in a case of bankruptcy, but authorizes the Secretary to postpone certain portions of the loan liability in such cases. Makes the Secretary responsible for: (1) promulgating terms and conditions of self-reliance loans that are not otherwise specified in this Act; (2) enforcing compliance with institutional program participation requirements through limitation, suspension, or termination actions and additional criteria for monitoring participant performance; (3) developing and administering a central data system for use in administering self-reliance loans; (4) annually certifying to the Secretary of the Treasury specified amounts relating to each borrower's repayment status; (5) developing standard forms and data formats; (6) sending certain reports, including annual reports, to the Congress; and (7) overseeing all participating institutions. Defines eligible student, for IDEA program purposes, as a U.S. citizen aged 17 to 51. Amends the Internal Revenue Code to direct the Secretary of the Treasury to enter into an agreement with the Secretary of Education to provide for collection of repayments of self-reliance loans. Imposes an educational loan repayment tax equal to the repayment percentage of the taxpayer's adjusted gross income for the taxable year.
Bill· HRH.R. 4310 (102nd)open
United States · United States Congress · 25 February 1992
Title I: Reauthorization and Improvement of National Marine Sanctuaries Program - National Marine Sanctuaries Reauthorization and Improvement Act of 1992 - Amends the Marine Protection, Research, and Sanctuaries Act of 1972 to modify: (1) various definitions; (2) the factors to be considered, and the procedures to be used, in designating sanctuaries; (3) reporting requirements; and (4) provisions relating to certain access and use rights. Prohibits destruction or injury of any marine sanctuary resource and related acts. Provides for enforcement. Replaces provisions relating to promotion and coordination of research with provisions mandating research, monitoring, and education programs. Replaces provisions authorizing cooperative agreements and acceptance of donations with provisions authorizing: (1) cooperative and other agreements and grants; (2) the acceptance of donations; and (3) the acquisition of property. Makes any person who destroys or injures any sanctuary resource liable to the United States for the response costs, damages, and interest on those costs and damages (currently, for the response costs and damages). Provides for liability in rem. Removes the dollar limit on the amount of recovered amounts which must be used to finance response actions and damage assessments. Removes provisions requiring (but leaves provisions allowing) amounts recovered as civil penalties to be used for payment of storage, care, and other costs or for certain rewards. Authorizes establishment of advisory councils to advise the Secretary of Commerce on the management of one or more sanctuaries. Mandates the protection and management of any cultural or historical resource located in a sanctuary. Makes the recovery of an abandoned shipwreck in a sanctuary, by any person holding title to the shipwreck, subject to the authority of the Secretary to manage the sanctuary and its resources. Authorizes appropriations. Designates title III (Marine Sanctuaries) of the Marine Protection, Research, and Sanctuaries Act of 1972 as the National Marine Sanctuaries Act. Title II: Coastal and Ocean Sanctuary Foundation - Coastal and Ocean Sanctuary Foundation Act - Establishes the Coastal and Ocean Sanctuary Foundation to support and enhance the management of National Marine Sanctuaries, National Estuarine Research Reserves, and other coastal, marine, and Great Lakes areas of national significance, including through: (1) supporting conservation, research, restoration, education, and management activities; and (2) encouraging, accepting, and administering donations. Authorizes the Foundation to make grants. Authorizes appropriations.
Bill· HRH.R. 4300 (102nd)reported
United States · United States Congress · 25 February 1992
Stewart B. McKinney Homeless Assistance Amendments Act of 1992 - Title I: General Provisions - States that the provisions of this Act shall not be construed to provide new budget authority. Title II: Interagency Council on the Homeless - Amends the Stewart B. McKinney Homeless Assistance Act (McKinney Act) to extend: (1) authorization of appropriations for the Interagency Council on the Homeless; and (2) the Council's sunset date. Title III: Federal Emergency Management Food and Shelter Program - Amends the McKinney Act to extend the authorization of appropriations for the Federal emergency management food and shelter program. Title IV: Housing Assistance - Subtitle A: Existing FEMA and HUD Programs - Amends the McKinney Act to extend the authorization of appropriations for: (1) the emergency shelter grants program; (2) the supportive housing demonstration program; (3) supplemental assistance for facilities to assist the homeless; and (4) the shelter plus care program (rental housing and rental housing for the elderly or handicapped). Increases budget authority for single room occupancy assistance. Amends the Cranston-Gonzalez National Affordable Housing Act to extend the transition period for homeless housing programs under title IV of the McKinney Act. Subtitle B: New FmHA Programs - Amends the McKinney Act to direct the Secretary of Agriculture to carry out programs: (1) for disposing of single family Farmers Home Administration properties to house homeless individuals and families; and (2) of rural homelessness grants. Authorizes appropriations for such grants. Title V: Health Care for the Homeless - Subtitle A: Categorical Grants for Primary Health Services and Substance Abuse Services - Amends the Public Health Service Act to extend the authorization of appropriations for health care grants for the homeless. Authorizes the Secretary to make grants for programs of substance abuse prevention and treatment among the homeless. Authorizes appropriations. Subtitle B: Formula Grants to States for Assistance in Transition from Homelessness - Amends the Public Health Service Act to extend the authorization of appropriations for State formula grants for homelessness transition. Subtitle C: Authorization of Appropriations for Community Demonstration Projects - Amends the McKinney Act to extend the authorization of appropriations for mental health services for homeless persons with chronic mental illness. Title VI: Education, Training, and Community Services Program - Amends the McKinney Act to extend the authorization of appropriations for: (1) adult education for the homeless; (2) education for homeless children and youth; (3) the emergency community services homeless grant program; (4) family support centers; and (5) job training for the homeless, including homeless veterans' reintegration projects. Title VII: Veterans Programs - Amends the Stewart B. McKinney Homeless Assistance Amendments Act of 1988 to extend the authorization of appropriations for veterans' medical care. Provides for disposition of single family Department of Veterans Affairs properties to house homeless individuals and families. Title VIII: National Homeless Advocate Demonstration Grant Program - Amends the McKinney Act to direct the Secretary of Health and Human Services to establish a homeless advocate demonstration grant program. Authorizes appropriations.
Bill· HRH.R. 4294 (102nd)referred
United States · United States Congress · 25 February 1992
Citizen Representative Reform Act Stop Special Treatment Provision - Title I: Congressional Exemptions - Makes applicable to the Congress the following Federal laws, to the extent that they relate to the terms and conditions of employment, the health and safety of employees, and the rights and responsibilities of employers and employees: (1) Social Security Act; (2) National Labor Relations Act; (3) Fair Labor Standards Act of 1938; (4) Civil Rights Act of 1964; (5) Age Discrimination in Employment Act of 1967; (6) Occupational Safety and Health Act of 1970; (7) title IX of the Education Amendments of 1972; (8) Rehabilitation Act of 1973; (9) Privacy Act of 1974; (10) Age Discrimination Act of 1975; (11) Ethics in Government Act of 1978 and (12) Americans with Disabilities Act of 1990. Makes applicable also to the Congress specified provisions of Federal law: (1) commonly referred to as the Freedom of Information Act; and (2) relating to independent counsel. Title II: Congressional Perks - Directs all Members of Congress to pay full market value for all medical services, medical tests, and medications provided by the Office of the Attending Physician. Establishes the Office of Attending Physician Revolving Fund in the Treasury (within the contingent fund of the House of Representatives) for deposit of such payments and monies received from any other source. Orders the closing of all beauty and barber shops on the premises of any property belonging to the House of Representatives. Expresses the sense of the House of Representatives that: (1) Members of Congress should be charged rates comparable to those in other parking facilities at Washington National Airport; and (2) records of such expenses should be made accessible to the public. Directs all Members of the House to pay full market value for the use of the health facilities on the premises of the Capitol or any House office building. Expresses the sense of the House of Representatives that the Federal Government shall not bear any of the cost of health insurance for its Members. Directs the General Accounting Office to: (1) identify and report to the Congress on all benefits that accrue to Members of the House; and (2) determine the market value or a close approximation of each of those benefits and to what extent tax dollars are used to pay for them. Title III: Miscellaneous - Requires the House and the Senate each to promulgate rules and regulations to carry out this Act, including ones specifically implementing each of the laws set forth in title I.
Bill· HRH.R. 4308 (102nd)referred
United States · United States Congress · 25 February 1992
Family Emergencies and Medical Leave Act of 1992 - Title I: General Requirements for Leave - Establishes certain requirements for family and medical leave for permanent employees. Makes employees eligible for such leave if they have been employed, by the employer from whom leave is sought, for at least: (1) a total of 12 months; and (2) 1,250 hours of service during the previous 12-month period. (Excludes from such coverage: (1) employees at worksites at which the employer employs less than 50 persons (100 persons during the first two years after enactment), if the total number of employees of that employer within 50 miles of that worksite is less than 50 (100 during the first two years); and (2) Federal officers and employees covered under title II of this Act.) Entitles employees to the following number of workweeks of leave during any 12-month period because of: (1) the birth of their child, 12 weeks; (2) the placement of a child for their adoption or foster care, 12 weeks; (3) their care of a child, spouse, or parent who has a serious health condition, six weeks; or (4) their own serious health condition which makes them unable to perform the functions of their position, six weeks. Conditions such leave for the birth or placement of a child as follows: (1) the entitlement ends 12 months after the birth or placement; and (2) such leave may not be taken intermittently unless employee and employer agree otherwise. Allows intermittent leave for necessary medical treatment of an employee or family member. Allows the employer to require a temporary transfer to an equivalent alternative position that better accommodates such intermittent leave. Allows all leave to which an employee is entitled under this title: (1) to be taken on a reduced leave schedule, upon agreement with the employer; and (2) to consist of unpaid leave, except under specified conditions when substitution of certain types of paid leave may be elected or required. Declares that nothing in this Act shall require an employer to provide paid sick or medical leave in any situation in which the employer would not normally provide any such paid leave. Requires employees to: (1) give at least 30 days' notice of the need for leave to which they are entitled under this Act, when foreseeable; and (2) make a reasonable effort to schedule medical treatment so as not to disrupt unduly the employer's operations, subject to approval of the health care provider. Allows limitation of the dual aggregate leave entitlement to 12 weeks in any 12-month period, in the case of spouses employed by the same employer, if such leave is for the birth or placement of a child or for the care of a sick parent. Sets forth conditions of certification for leave entitlements under this Act, including provisions relating to: (1) sufficient certification; (2) explanation of inability to perform job functions; (3) dates and duration of planned medical treatment in the case of intermittent leave; (4) second opinion; (5) resolution of conflicting opinions; and (6) subsequent recertification. Sets forth employment and benefits protections relating to leave entitlements under this Act. Requires restoration of the employee to his or her position or an equivalent position upon return from such leave. Allows an employer to deny such restoration to certain highly compensated employees (i.e. those among the highest paid ten percent of the employer's employees within 50 miles of the facility at which the employee works), under specified conditions, if necessary to prevent substantial and grievous economic injury to the employer's operations. Requires maintenance of employee health benefits during such leave. Allows the employer to recover premiums paid for such coverage if the employee fails to return to work after the leave period has expired for reasons other than a certified serious health condition or other circumstances beyond the employee's control. Prohibits employers or other persons from: (1) interfering with employee rights under this title; or (2) from discriminating against any individual because of participation in proceedings or inquiries under this title, or because the individual opposes any practice made unlawful by this title. Sets forth the investigative authority of the Secretary of Labor (the Secretary) under this title. Provides for enforcement of this Act. Provides for administrative action by the Secretary to resolve complaints of violations under this title in the same manner as under specified provisions of the Fair Labor Standards Act of 1938. Provides for civil actions by employees, and by the Secretary on their behalf. Makes an employer who violates this title's prohibitions against interfering with employee exercise of rights or discriminating against employees liable for damages in the amount of: (1) any wages, salary, employment benefits, or other compensation denied or lost to the employee by reason of the violation; (2) (in any case where such compensation has not been denied or lost) any actual monetary losses sustained by the employee as a direct result of the violation, such as the cost of providing care, up to the amount of 12 weeks' wages or salary; (3) interest on such losses; and (4) an additional amount of liquidated damages equal to the sum of such losses and the interest (except that the court may reduce or eliminate such additional liquidated damages in cases where the employer can show good faith and reasonable grounds for believing that the act or omission was not a violation). Makes such employers also liable for appropriate equitable relief, including, without limitation, employment, reinstatement, and promotion. Requires the court to allow attorney's fees and other costs of the action to be paid by the defendant in addition to any judgment awarded to the plaintiff. Sets forth provisions for limitations of such civil actions. Sets forth provisions for action for injunction by the Secretary. Sets forth special rules concerning employees of local educational agencies and of private elementary and secondary schools, including provisions relating to intermittent leave for instructional employees, periods near the completion of an academic term, and reduction of liability. Requires employers to post notice of the pertinent provisions of this title. Requires fines for willful violations of such requirement. Directs the Secretary of Labor to prescribe regulations to carry out this title. Title II: Leave for Civil Service Employees - Amends specified Federal law to entitle civil service employees to family and temporary medical leave for specified periods. Makes such employees eligible for such leave if they have been employed by an employing agency for at least 12 months on other than a temporary or intermittent basis. Allows such employees up to 12 administrative workweeks in any 12-month period for: (1) family leave (i.e., leave because of the birth or placement of a child or care of a sick spouse, child, or parent), but such leave may not be used at a time more than 12 months after such birth or placement; or (2) temporary medical leave for a serious health condition that makes the employee unable to perform the functions of their position. Provides that such leave may be without pay. Allows employees to substitute other types of paid leave for part of such leave. Authorizes the employing agency to require: (1) such substitution of leave; and (2) transfer to an equivalent alternative position, in cases of medically necessary intermittment leave. Sets forth requirements for employees to give prior notice of the need for such leave, when foreseeable, and to schedule medical treatments, if possible, so as to not unduly disrupt the employing agency's operations. Provides for protection for job position and health insurance benefits of employees using such leave. Sets forth certification provisions and prohibitions against coercion. Requires the Director of the Office of Personnel Management to prescribe regulations for administration of this title which are consistent with the regulations prescribed by the Secretary of Labor under title I of this Act. Title III: Miscellaneous Provisions - Sets forth the effect of this Act on other laws and existing employment benefits. Provides that nothing in this Act shall be construed to discourage employers from adopting more generous leave policies. Directs the Secretary of Labor to prescribe regulations to carry out this title within 60 days. Title IV: Coverage of Congressional Employees - Applies the rights and protections under title I of this Act to employees of the House of Representatives, except for the exemption concerning highly compensated employees. Requires that the remedies and procedures under the Fair Employment Practices Resolution be applied in administering such coverage. Applies the rights and protections established under specified provisions of title I of this Act to Senate employees and any employing authority of the Senate. Sets forth provisions relating to investigation and adjudication of claims, notification of employee rights, and applicable remedies.
Bill· HRH.R. 4302 (102nd)referred
United States · United States Congress · 25 February 1992
Amends the Internal Revenue Code to allow higher education loans from qualified employer plans to be repaid within 15 (instead of five) years. Describes a reasonable interest rate for such loans which will exempt them from the tax on prohibited transactions. Exempts such loans from the tax treatment applicable to loans with below-market interest rates.
Bill· HRH.R. 4309 (102nd)referred
United States · United States Congress · 25 February 1992
Fairplay for Taxpayers Act of 1992 - Amends the Federal Rules of Evidence to declare that the communications between a lawyer, an accountant, or an enrolled agent with respect to the preparation of a tax return for a client and the client shall be privileged in the U.S. courts. Amends the Internal Revenue Code to increase the interest rate for overpayment of tax from two percent to three percent (making such rate equal to the interest rate for underpayment of tax). Provides that if a taxpayer pays the full amount of taxes, interest, and penalties owed within 45 days (currently, ten days) from the date of notice and demand, then no interest liability will be imposed. Requires any final, temporary, or proposed tax regulation or ruling to be applied prospectively from the date of publication in the Federal Register. Provides that such prospective-only treatment may be superseded only by congressional action. Replaces the "substantially-prevailed" test for determining whether a taxpayer may recover costs and fees incurred as part of an administrative or court proceeding with a "prevailed-to-some-extent" test. Allows the taxpayer to recover the same percentage of costs incurred as the percentage by which he or she prevails in the controversy. Revises the meaning of reasonable administrative costs to include only costs incurred during, or in preparation for, the initial audit, or an appeals conference, or at any time thereafter. Expands the current test allowing taxpayers to sue for civil damages for certain unauthorized collection actions to allow a suit if in connection with any collection of tax any officer or employee of the Internal Revenue Service (IRS) carelessly disregards tax law. (The current test is "recklessly or intentionally disregards".) Directs the IRS to require all employees to report to the Inspection Service all instances of misconduct. Directs the Commissioner of IRS to make quarterly reports to the Inspector General concerning cases reported to the Inspection Service. Requires the Inspector General to submit an annual summary of such quarterly reports to specified congressional committees. Directs the Commissioner to carry out an education and training program for all IRS employees regarding appropriate and ethical conduct of governmental duties and responsibilities, including an explanation of applicable standards of conduct. Authorizes appropriations.
Bill· HRH.R. 4288 (102nd)open
United States · United States Congress · 24 February 1992
Repeals provisions of the Communications Act of 1934 which: (1) provide for grants for the planning and construction of public telecommunications facilities; (2) establish and fund the National Endowment for Children's Educational Television; (3) provide for grants for the development of nonbroadcast telecommunications facilities and services for the delivery of health, education, and public or social service information; (4) establish and fund the Corporation for Public Broadcasting; (5) prohibit Federal interference with or control over public telecommunication or the Corporation; (6) prohibit the support of, or opposition against, any political candidate on a noncommercial educational broadcasting station; and (7) authorize the limited use of business or institutional logograms within public television or radio broadcast.
Bill· SS. 2242 (102nd)referred
United States · United States Congress · 20 February 1992
National Independent Colleges and Universities Discovery Act - Establishes the National Commission on Independent Higher Education as an independent agency in the executive branch. Sets forth provisions for Commission membership, report and recommendations, powers, and personnel matters. Requires the Commission to: (1) develop a factual base for understanding the status of independent colleges and universities (independents), their contributions to public priorities, and the effects of national higher education policies on the independent nonprofit sector; (2) review the issuance of Federal regulations regarding independents, and suggest means for their accountability for use of public resources without inappropriate intrusion into their autonomy; and (3) address the relation between Federal and State policies on independents, particularly with respect to student access and choice, finance, institutional subsidies, and institutional accountability. Terminates the Commission three years after the enactment of this Act.
Bill· HRH.R. 4277 (102nd)referred
United States · United States Congress · 20 February 1992
Amends the Higher Education Act of 1965 to repeal certain requirements relating to the guaranteed student loan program, which, as added by the Emergency Unemployment Compensation Act of 1991 (Public Law 102-164), include requiring that student loan applicants over age 21 have: (1) credit reports, for which the lender may charge up to $25; and (2) cosigners if they have an adverse credit history.
Bill· HRH.R. 4287 (102nd)open
United States · United States Congress · 20 February 1992
Tax Fairness and Economic Growth Act of 1992 - Declares that any change in budget authority, outlays, or receipts resulting from this Act shall not be considered for sequestration or pay-as-you-go calculations under the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act). Title I: Middle Class Tax Relief - Amends the Internal Revenue Code to allow a credit for 20 percent of a taxpayer's social security taxes, limited to $200 ($400 in the case of a joint return) and applicable to years beginning after December 31, 1991, and before January 1, 1994. Amends the Internal Revenue Code to allow a credit for interest paid or incurred on a qualified education loan for a six-year period (whether or not consecutive). Limits such credit to $300 per individual whose education expenses are being financed by such loan. Allows higher limits for taxpayers with large amounts of education loan interest (not to exceed $500). Sets forth limits on the gross income of taxpayers eligible for such credit. Allows the carryover of unused credit limited to the fifth taxable year for which the credit was originally determined. Allows penalty-free withdrawals from individual retirement plans for a first-home purchase. Limits such distribution to $10,000, or other applicable amount if previous distributions have been made. Allows penalty-free withdrawals from qualified retirement plans for qualified higher education expenses and deductible medical expenses. Declares that for purposes of medical expenses all children, grandchildren, and ancestors of the employee or the employee's spouse are to be treated as dependents. Allows the one-time exclusion on gain from the sale of a principal residence to be taken if the taxpayer is permanently and totally disabled. Indexes the exclusion amount for inflation. Allows a taxpayer to include farm property contiguous to such principal residence in the exclusion, if such property is being actively farmed. Excludes from the gross income of an individual the following qualified employer-provided transportation fringe benefits: (1) the value of transportation in a commuter highway vehicle between the employee's residence and workplace; and (2) up to $60 per month of the value of any transit pass entitling the employee to transportation on mass transit facilities. Provides that the exclusion from gross income for the working condition fringe benefit includes employer-provided parking on or near a location from which the employee commutes to work by mass transportation, by vanpool, or by carpool. Extends the deduction for health insurance costs for self-employed individuals from June 30, 1992, to December 31, 1992. Title II: Job Creation, Growth, and Investment Incentives - Subtitle A: Temporary Investment Incentives - Increases the amount of certain depreciable business assets by small business for taxable years 1992 and 1993. Permits an additional depreciation allowance for the purchase of new equipment as investment property after February 1, 1992, and before January 1, 1993, which is placed in service before July 1, 1993. Reduces the basis adjustment of such property by the amount of the additional allowance. Allows such deduction in determining the alternative minimum tax. Subtitle B: Capital Gain Provisions - Requires indexing, based on the consumer price index, of the adjusted basis of certain assets (corporate stock and tangible property that is a capital asset or property used in a trade or business) acquired on or after February 1, 1992, and held for more than one year at the time of sale or other transfer, solely for the purpose of determining gain. Provides that gains and losses from the disposition of indexed assets are not taken into account as investment income in computing the limitation on the deductibility of investment interest. Sets forth a special rule to recapture the entire amount of depreciation for such indexed property. Allows noncorporate taxpayers to elect to recognize gain on readily tradable securities held on February 1, 1992. Permits both corporate and noncorporate taxpayers an income tax exclusion of 50 percent of the net capital gain from an investment in the stock of a qualified small business if the stock is issued after February 1, 1992, and held for at least five years. Adds the amount of the exclusion for capital gain from such investments as a tax preference item for purposes of determining alternative minimum tax liability. Subtitle C: Real Estate Provisions - Part I: Modification of Passive Loss Rules - Provides for the treatment of rental and nonrental real estate activities under the limitations on losses from passive activities. Part II: Provisions Relating to Real Estate Investments by Pension Funds - Modifies exceptions to the exclusion of real property acquired by a qualified organization from the meaning of acquisition indebtedness. Makes certain exceptions inapplicable to sales out of foreclosure by a financial institution. Applies the meaning of acquisition indebtedness to investments in certain large partnerships where the principal purpose of partnership allocation is not tax avoidance. Repeals the special rule for publicly traded partnerships with respect to the treatment of unrelated business taxable income. Permits a tax-exempt title-holding company to receive unrelated business taxable income of up to ten percent of its gross income, if the unrelated income is incidentally derived from the holding of real property. Excludes from unrelated business taxable income any gains from the sale, exchange or other disposition of real property acquired from financial institutions that are in conservatorship or receivership. Provides for the tax treatment of pension fund investments in real estate investment trusts. Subtitle D: Extension of Certain Expiring Tax Provisions - Makes permanent after June 30, 1992, the tax credit for increasing research activities and the low-income housing credit. Allows certain building owners to elect to use apartment size or family size in determining the credit's gross rent limitation. Makes permanent after June 30, 1992: (1) the targeted jobs credit; and (2) the authority to issue qualified mortgage bonds and qualified mortgage credit certificates. Provides for the tax treatment of resale price control and subsidy lien programs. Makes permanent after June 30, 1992: (1) the authority to issue qualified small issue bonds to finance manufacturing facilities and farm property; and (2) the tax exclusion for employer-provided educational assistance. Postpones the termination date of the excise tax on certain vaccines and the authority to make expenditures from the Vaccine Injury Compensation Trust Fund. Requires the Secretary of Health and Human Services to study certain aspects of the Trust Fund and report to specified congressional committees. Amends the Railroad Retirement Solvency Act of 1983 to make permanent the transfer of proceeds from the tax on certain railroad retirement benefits from the general fund of the Treasury to the Railroad Retirement Account. Subtitle E: Modifications to Minimum Tax - Amends the Internal Revenue Code to repeal the alternative minimum tax provision which treats as a preference item the amount by which the value of contributed capital gain property exceeds the basis of the property. Requires the Secretary of the Treasury (Secretary) to develop and implement a procedure to determine the value of donated property for income tax purposes prior to the charitable transfer. Restricts the determination of adjusted current earnings for purposes of computing alternative minimum taxable income to property placed in service after 1989 and before February 1, 1992. Subtitle F: Repeal of Certain Luxury Excise Taxes; Imposition of Tax on Diesel Fuel Used in Noncommercial Motorboats - Repeals the luxury excise tax on boats, aircraft, jewelry, and furs. Modifies the luxury excise tax on automobiles to index the $30,000 threshold for inflation occurring after 1990 and make such tax applicable to the first retail sale. Terminates such tax after 1999. Extends the current diesel fuel excise tax to diesel fuel used by motorboats. Exempts vessels used for commercial fishing, transportation for compensation or hire, or for business use other than predominantly for entertainment, amusement, or recreation. Retains excise taxes for diesel fuels used in motor boats in the General Treasury. (Current law requires transfer of such amounts to the Highway Trust Fund and the Leaking Underground Storage Tank Trust Fund). Subtitle G: Urban Tax Enterprise Zones and Rural Development Investment Zones - Declares it to be the purpose of this Act to establish a demonstration program of providing incentives for the creation of tax enterprise zones in order to: (1) revitalize economicaly and physically distressed areas; (2) promote meaningful employment for zone residents; and (3) encourage individuals to reside in the zones in which they are employed. Part I: Designation and Tax Incentives - Amends the Internal Revenue Code to provide for the designation of tax enterprise zones during calendar years 1993 through 1995: (1) by the Secretary of Housing and Urban Development, in the case of an urban tax enterprise zone; and (2) by the Secretary of Agriculture, in consultation with the Secretary of Commerce, in the case of a rural development investment zone. Sets forth the eligibility criteria for designation of urban tax enterprise zones, including: (1) a population of not less than 4,000; (2) pervasive poverty, unemployment, and general distress; (3) a specified size; (4) a high unemployment rate and poverty rate; and (5) a required course of action designed to reduce the various burdens borne by employers or employees in the area. Sets forth the eligibility criteria for designation of rural development investment zones, including: (1) a population of not less than 1,000; (2) an area of general distress; (3) a specified size; (4) a high unemployment rate, poverty rate, and job loss rate; and (5) a required course of action designed to reduce the various burdens borne by employers or employees in the area. Provides that a course of action, which may not be federally funded, may include: (1) a reduction of tax rates or fees; (2) an increase in public services; (3) a reduction in government paperwork requirements; (4) business community commitments to provide jobs and job training; (5) special preference to minority contractors; (6) gifts of land for the operation of neighborhood businesses; (7) pooled health insurance; (8) loans by local financial institutions for business start-ups; and (9) special preference to low-income housing projects and private activity bonds. Allows an enterprise zone employment credit to small employers as a general business credit of 7.5 percent of the qualified zone wages. Allows such credit for the first five years of the employee's employment. Allows a deduction for the purchase of enterprise zone stock paid in cash. Limits such amount to: (1) $25,000 for any taxable year; (2) the overall limitation on zone incentives; or (3) $250,000 during the taxpayer's lifetime. Provides an additional depreciation allowance for the first taxable year that the property is placed in service. Establishes an annual overall limitation on the amount of tax incentives that can be provided with respect to an enterprise zone. Part II: Studies - Requires the Secretary and the Comptroller General each to report to the House Committee on Ways and Means and the Senate Committee on Finance on the effectiveness of the incentives provided by this subtitle in achieving its purposes. Title III: Revenue Increases - Subtitle A: Treatment of Wealthy Individuals - Creates a 35 percent tax bracket for certain higher incomes. Increases the tentative minimum tax for taxpayers other than corporations. Increases the individual minimum tax rate. Imposes a surtax on incomes in excess of $1,000,000, including estates and trusts. Delays for two years the expiration date of the overall limitation on itemized deductions and the phaseout of personal exemptions for high-income taxpayers. Disallows a deduction as a trade or business expense remuneration to certain employees in excess of $1,000,000. Subtitle B: Administrative Provisions - Modifies rules with respect to the failure of individuals and corporations to pay estimated income tax. Expands the 45-day interest-free period for refunding tax overpayments to all returns, as well as to amended returns and claims for refunds. Provides that if interest is not refunded within 45 days after the taxpayer files an amended return or claim for refund, interest will be paid only for periods after the date on which the return or claim is filed. Subtitle C: Other Revenue Provisions - Requires taking into account: (1) certain Federal Savings and Loan Insurance Corporation (FSLIC) assistance as compensation for loss; and (2) any FSLIC assistance for any debt for determining whether such debt is worthless and in determining the amount of any addition to a reserve for bad debts arising from such worthlessness or partial worthlessness. Requires the depreciation deduction for certain residential rental property to be determined by using a recovery period of 31 years. Requires such deduction for nonresidential real property to be determined by using a recovery period of 40 years. Increases the mileage requirement for the moving expense deduction. Requires a partner who contributes appreciated property to a partnership to include pre-contribution gain in income to the extent that the value or other property distributed by the partnership exceeds his adjusted basis in his partnership interest. Requires any dealer in securities that holds any security or hedge at the close of any taxable year to: (1) recognize gain or loss as if the security or hedge were sold on the last business day of the taxable year; and (2) take into account any such gain or loss in determining gross income for such year (the mark-to-market requirement). Provides that the uniform cost capitalization rules do not apply to any security or hedge to which the mark-to-market requirement applies. Title IV: Simplification Provisions - Subtitle A: Provisions Relating to Individuals - Repeals the supplemental young child credit and the supplemental health insurance credit. Increases the earned income credit for taxpayers with two or more qualifying children. Allows gain to be rolled over from one residence to another in the order the residences are purchased and used, regardless of reasons for the sale of the old residence. Sets forth a two-year residence rule for taxpayers who sell a residence pursuant to a divorce or marital separation for purposes of determining the rollover of gain on the sale of a principal residence. Provides an exception to the passive loss rules if the loss does not exceed $200. Permits the payment of taxes by credit cards to the extent provided by regulations. Provides for inflation adjustment of the dollar amounts involved in the election to claim a child's unearned income on the parent's return. Establishes a foreign tax credit limitation for individuals whose gross income is from sources outside the United States, consists entirely of qualified passive income, and the amount of creditable foreign taxes does not exceed $200. Excludes certain personal transactions from foreign currency rules. Limits the exclusion of combat pay from withholding to the amount excludable from gross income. Requires the Secretary to report to specified congressional committees on expanded access to simplified individual income tax returns and other actions taken to simplify them. Provides that the amount allowed as a deduction to rural mail carriers for the business expense of a vehicle shall be equal to qualified reimbursements. Amends the Technical and Miscellaneous Revenue Act of 1988 to repeal the rule on the business use of automobiles by rural mail carriers. Exempts from the luxury excise tax parts or accessories installed for use of passenger vehicles by disabled individuals. Subtitle B: Pension Simplification - Part I: Simplified Distribution Rules - Amends the Internal Revenue Code to allow distributions from qualified pension plans to be rolled over tax-free to an individual retirement account or another qualified plan or annuity. Repeals: (1) the $5,000 limitation on the exclusion of employees' death benefits; (2) the five-year forward income averaging for lump-sum distributions; and (3) the exclusion of net unrealized appreciation of employer securities. Establishes a method of taxing annuity payments by taking into account the investment in the contract and the number of anticipated payments. Requires qualified plans to allow participants to elect to have distributions transferred directly to another qualified plan. Part II: Increased Access to Pension Plans - Establishes a simplified employee pension plan that allows salary reduction arrangements for employers of fewer than 100 employees. Allows nongovernmental and tax-exempt organizations to participate in cash or deferred arrangements. Authorizes the Secretary, as a condition of sponsorship, to prescribe rules defining the duties and responsibilities of sponors of certain master and prototype retirement plans. Part III: Miscellaneous Simplification - Revises the definition of a leased employee to mean one whose services are performed under the control of a service recipient, instead of one whose services are historically performed by employees. Modifies the two-part nondiscrimination test for elective contributions under cash or deferred arrangements by permitting the use of the average deferral percentage for nonhighly compensated employees for the preceding year to be used in determining the permitted average deferral percentage for highly compensated employees for the current year. Provides alternative methods of satisfying the special nondiscrimination requirements applicable to elective deferrals and employer matching contributions. Redefines the term "highly compensated employee" for pension, profit sharing, stock bonus plan, etc. purposes. Makes such an employee one who is a five-percent owner (as under current law) or who has compensation from the employer in excess of $50,000 (or $62,345, as adjusted for 1992). Provides a special rule where no employees are treated as highly compensated. Provides that the cost-of-living adjustment with respect to any calendar year is based on the increase in the applicable index as of the close of the calendar quarter ending September of the preceding calendar year. Requires the rounding of such amounts to the nearest $1,000, except that elective deferrals and elective contributions to simplified employee pensions are rounded to the nearest $100. Permits certain employers to elect an alternative full funding limitation with respect to any defined benefit plan based solely on the accrued liability under such plan. Requires the Secretary to adjust the 150-percent current liability full funding limit for other plans if there is a revenue shortfall. Allows rural cooperative plans which include cash or deferred arrangements to make distributions to participants after attainment of age 59 1/2. Expands current rules treating union air pilots as a separate class of employees for minimum coverage requirements to include nonunion air pilots as well. Excludes from such special treatment air pilots whose principal duties are not customarily performed aboard aircraft in flight. Eliminates the special full vesting rule after ten years of service for employees subject to collective bargaining agreements under multiemployer plans. Provides special rules for distributions of deferred compensation plans of State and local governments and tax-exempt organizations. Permits in-service distributions of accounts that do not exceed a specified amount if no amount has been deferred under such account for two years and there has been no prior distribution under the cash-out rule. Increases the number of elections that can be made with respect to the time distributions must begin. Provides for the indexing of the dollar limit on deferrals. Modifies the treatment of governmental plans with repect to limits on contributions and benefits. Allows excess assets in qualified black lung benefit trusts to be used to pay accident and health benefits or premiums for insurance for such benefits for retired coal miners and their spouses and dependents. Provides that, for purposes of the excise tax, an employer reversion does not include certain amounts paid to the Federal Government by reason of certain government contracting regulations. Requires continuation of health coverage for employees, including retired employees, of failed financial institutions. Subtitle C: Treatment of Large Partnerships - Part I: General Provisions - Establishes special rules for large partnerships (250 or more partners) with respect to: (1) determining the income tax of a partner; (2) computing the taxable income of a large partnership; and (3) treatment of contributed property. Provides that a large partnership does not include one where: (1) substantially all of the partners (including retired partners, spouses, and certain personal service corporations) perform substantial services in addition to partnership activities; or (2) 25 percent or more of the average percentage of partnership assets consist of oil or gas properties. Establishes special rules for partnerships holding oil and gas properties. Establishes simplified audit procedures for large partnerships. Requires a partner's return to be consistent with the partnership return. Allows partnerships to take adjustments into account through an imputed underpayment procedure or a flow-through-to-partners procedure. Authorizes and directs the Secretary to make adjustments at the partnership level in any partnership item to the extent necessary to have such item treated in the manner required, after notifying the partnership of such adjustment through certified or registered mail. Specifies certain restrictions on such adjustments. Provides for judicial review of such adjustment with the Tax Court, the appropriate district court, or the Claims Court. Prohibits any adjustments from being made three years after the later of the date on which the return was filed, or the last day for filing such return, except in specified cases. Allows a partnership to file a request for an administrative adjustment of partnership items during such time periods and provides for judicial review where such request is not allowed in full. Requires large partnerships to furnish information returns to partners by the first March 15 following the close of the partnership's tax year. Authorizes the Secretary to require large partnerships, or any other partnership with 250 or more partners, to file their returns on magnetic media. Part II: Provisions Related to TEFRA Partnership Proceedings - Revises and sets forth new provisions relating to TEFRA (Tax Equity and Fiscal Responsibility Act of 1982) partnership proceedings. Provides for a declaratory judgment procedure in the Tax Court for treatment of non-partnership items with respect to an oversheltered return. Describes an oversheltered return as one which shows no taxable income and shows a net loss from partnership items. Provides for the partnership return to be determinative of the audit procedure to be followed. Suspends the period of limitations for making assessments for a partner who is named in a bankruptcy petition. Provides a special rule for a tax matters partner in bankruptcy. Permits a small partnership to have a C corporation as a partner and remain exempt from unified audit rules. Excludes a partial settlement agreement from the one-year limitation on assessment. Provides that if a TEFRA statute extension agreement is entered into, that agreement also extends the statute of limitations for filing refund claims until six months after the expiration of the limitations period for assessments. Provides a prepayment forum and a refund forum for raising the innocent spouse defense in TEFRA cases. Provides that partnership level proceedings include a determination of the applicability of penalties at the partnership level. Allows partners to raise any partner-level defenses in a refund forum. Specifies that an action to enjoin premature assessments of deficiencies attributable to partnership items may be brought in the Tax Court. Permits a party to appear before a court for the sole purpose of asserting that the period of limitations for assessing any tax attributable to partnership items has expired for that person. Provides for the treatment of premature petitions filed by notice partners or five-percent groups. Provides that the amount of the bond to stay assessment and collection should be based on the Tax Court's estimate of the aggregate liability of the parties to the action (and not all of the partners in the partnership). Suspends interest where there is a delay in computational adjustment resulting from TEFRA settlements. Subtitle D: Foreign Provisions - Part I: Simplification of Treatment of Passive Foreign Corporations - Repeals foreign personal holding company rules and foreign investment company rules. Exempts foreign corporations from the accumulated earnings tax and personal holding company rules. Provides for the treatment of personal service contracts under controlled foreign corporation rules. Replaces repealed provisions with revised rules for passive foreign corporations. Provides for taxing U.S. income on stock in passive foreign corporations through three alternative methods: (1) mark-to-market; (2) current inclusion; and (3) interest charge on excess distributions. Subjects less-than-25-percent shareholders of passive foreign corporations that are not U.S.-controlled, and who do not elect current inclusion, to the mark-to-market method or the interest-charge method for taxing income. Provides that, if a passive foreign corporation is U.S.-controlled, then every U.S. person owning stock in such corporation is subject to income inclusions under a modified version of controlled foreign corporation rules. Declares with regard to the mark-to-market method that: (1) if the fair market value of stock exceeds its adjusted basis, then the U.S. person shall include in gross income an amount equal to the amount of the excess; and (2) if the adjusted basis of stock exceeds the fair market value then the person shall be allowed a deduction equal to the lesser of the amount of such excess, or the unreversed inclusions. Describes a passive foreign corporation as any foreign corporation if: (1) 60 percent or more of its gross income is passive income; (2) the average percentage of assets which produce passive income or which are held for the production of passive income is at least 50 percent; or (3) such corporation is registered under the Investment Company Act of 1940, either as a management company or as a unit investment trust. Provides for the treatment of mark-to-market gain for purposes of the excise tax on undistributed income of regulated investment companies. Part II: Treatment of Controlled Foreign Corporations - Provides that if a controlled foreign corporation sells or exchanges stocks in other foreign corporations, then gain recognized on such sale or exchange shall be included in the gross income of such corporation as a dividend to the same extent that it wold have been included if such corporation were a U.S. person. Authorizes the Secretary to prescribe simplified methods for determining the amount of increase of limitations on the foreign tax credit. Revises provisions concerning: (1) determining pro rata share of gain from certain sales or exchanges of stock in certain foreign corporations; (2) basis adjustments in stock held by lower-tier foreign corporations; (3) determination of previously taxed income in redemptions through use of related corporations; and (4) treatment of branch profits tax exemptions or reductions Extends the application of the indirect foreign tax credit to certain controlled corporations below the third tier. Part III: Other Provisions - Establishes new rules for the translation of certain accrued foreign taxes. Modifies present rules for translating all other foreign taxes. Permits the use of the simplified limitation on the foreign tax credit in determining the alternative minimum tax foreign tax credit. Repeals the excise tax on outbound transfers to avoid income tax. Requires the full recognition of gain on a transfer of property by a U.S. person to a foreign corporation as paid-in surplus, or as a contribution to capital, or to a foreign estate, trust, or partnership. Allows the Secretary, in lieu of applying the full recognition rule, to provide regulations with principles similar to the principles for foreign corporations transferring property from the United States. Requires recognition of income under regulations issued to prevent Federal tax avoidance in the case of any corporate organization, reorganization or liquidation in which the status of a foreign corporation as a corporation is a condition for nonrecognition by a party to the transaction. Subtitle E: Treatment of Intangibles - Amends the Internal Revenue Code to allow an amortization deduction with respect to certain intangible property that is acquired and held by a taxpayer in connection with the conduct of a trade or business or an activity engaged in for the production of income. Provides for determining such deduction by amortizing the adjusted basis (for purposes of determining gain) of such intangible ratably over the 14-year period beginning with the month in which the intangible was acquired. Disallows any other depreciation or amortization deduction with respect to such intangible. Describes an amortizable intangible as: (1) goodwill; (2) going concern value; (3) certain specified types of intangible property that generally relate to workforce, information base, know-how, customers, suppliers, or other similar items; (4) any license, permit, or other right granted by a governmental unit, agency, or instrumentality; (5) any covenant not to compete (or other arrangement to the extent that the arrangement has substantially the same effect as a covenant not to compete) entered into in connection with the direct or indirect acquisition of an interest in a trade or business or substantial portion thereof; and (6) any franchise, trademark, or trade name. Excludes from treatment as an amortizable intangible: (1) any interest in a corporation, partnership, trust, or estate; (2) any interest under an existing futures contract, foreign currency contract, notional principal contract, interest rate swap, or other similar financial contract; (3) any interest in land; (4) certain computer software; (5) certain interests in films, sound recordings, video tapes, books, or other similar property; (6) certain rights to receive tangible property or services; (7) certain interests in patents or copyrights; (8) any interest under an existing lease of tangible property; (9) any interest under an existing indebtedness (except for the deposit base and similar items of a financial institution); and (10) a franchise to engage in any professional sport, and any item acquired in connection in such a franchise. Sets forth special rules governing the application of the amortization deduction. Provides for the treatment of certain computer software and leased property depreciation deductions excluded from the amortization rules. Continues the present-law treatment of certain contingent amounts that are paid or incurred on account of the transfer of a franchise, trademark, or trade name. Provides for the treatment of assumption reinsurance transactions of insurance companies. Provides for the treatment of certain payments to retired or deceased partners. Subtitle F: Other Income Tax Provisions - Part I: Provisions Relating to Subchapter S Corporations - Provides for determining whether a corporation has one class of stock, thus qualifying as an S corporation. Allows the Secretary to validate an invalid S corporation election by a small business corporation where the failure to properly elect S status was inadvertent or untimely. Provides that adjustments for distributions by an S corporation during a taxable year are taken into account before applying the loss for a year in determining the amount in the accumulated adjustment account. Repeals the rule that treats an S corporation in its capacity as a shareholder of another corporation as an individual. Repeals the rule that an S corporation may not be a member of an affiliated group of corporations. Eliminates the need to keep records of certain generally small amounts of earnings arising before 1983. Provides for the treatment of inherited stock. Part II: Accounting Provisions - Revises the look-back method for long-term contracts and provides that for purposes of such method, only one rate of interest is to apply for each accrual period. Provides a method for capitalizing certain indirect costs. Part III: Provisions Relating to Regulated Investment Companies - Repeals the requirement that less than 30 percent of the gross income of a regulated investment company be derived from the sale or disposition of any of the following which were held for less than three months: (1) stocks or securities; (2) options, futures, or forward contracts (other than those on foreign currencies); or (3) certain foreign currencies. Requires a broker to include on an information return with respect to gross proceeds from any disposition of stock in an open-end regulated investment company: (1) the basis of the stock disposed of; and (2) the portion of gross proceeds attributable to stock held for more than one year and the portion not so attributable (using a first-in, first-out basis). Defines an open-end regulated investment company as one which offers for sale or has outstanding any redeemable security of which it is the issuer. Sets forth special rules for determining the basis of stock in such companies. Permits a common trust fund to transfer substantially all of its assets to a regulated investment company without gain or loss being recognized by the fund or its participants under specified circumstances. Part IV: Tax-Exempt Bond Provisions - Repeals the $100,000 limitation on unspent proceeds under the one-year exception from arbitrage rebate requirements. Exempts earnings on bond proceeds invested in bona fide debt service funds from the arbitrage rebate requirements and the penalty requirement of the 24-month exception if the spending requirements of that exception are otherwise satisfied. Extends the initial temporary period for construction bonds for a period of 12 months if at least 85 percent of the available construction proceeds are spent within the original temporary period and the issuer reasonably expects to spend the remaining proceeds within the 12-month extension period. Provides for the treatment of tax or revenue anticipation bonds as separate issues. Repeals the five-percent disproportionate private business use test for private activity bonds. Increases the annual issuance limit for small issuers whose governmental bonds are not subject to rebate. Repeals the debt service-based limitation on investment in certain nonpurpose investments. Repeals certain expirated provisions. Part V: Election of Alternative Taxable Years - Revises provisions with respect to electing alternative taxable years. Allows a partnership, S corporation, or personal service corporation to elect a taxable year other than the required taxable year if the annual financial statements (if any) of the entity used for credit purposes or provided to the partners, shareholders, or other proprietors of the entity are based on a fiscal year ending in the same month as the taxable year elected. Increases the amount of the required payment that must be made by a partnership or S corporation that elects a taxable year other than the required taxable year. Requires an initial payment for any taxable year that a partnership or S corporation first makes or changes a taxable year election to increase the deferral period. Modifies the minimum distribution requirement for personal service corporations that elect a taxable year other than the required taxable year. Part VI: Other Provisions - Provides for treating certain revocable trusts as estates. Revises the provision that the taxable year of a partnership closes with respect to a partner whose entire interest in the partnership terminates, whether by death, liquidation or otherwise. Repeals the adjusted current earnings rule relating to the treatment of built-in-losses after a change of ownership. Subtitle G: Estate and Gift Tax Provisions - Allows the right of recovery with respect to qualified terminable interest property (for which a marital deduction is allowed) to be waived in a will only by specific reference. Provides that a transfer from a revocable trust within three years of death does not result in the inclusion of the transfer in the gross estate if it is a gift worth $10,000 or less. Revises the qualified terminable interest rules with respect to a trust and the marital deduction. Revises provisions concerning estate bequests to a surviving spouse to declare that a "specific portion" of such estate only includes a portion determined on a fractional or percentage basis. Provides that a trust created before the enactment of the Revenue Reconciliation Act of 1990 is treated as satisfying the withholding requirement if its trust instrument requires that all trustees be U.S. citizens or domestic corporations. Directs the Secretary to prescribe procedures which provide that executors will have the opportunity to submit subsequent information on a recapture agreement in the filing of an estate tax return with respect to the special use valuation of farm property. Subtitle H: Excise Tax Simplification - Part I: Fuel Tax Provisions - Consolidates diesel and aviation fuel tax provisions. Consolidates the user credit and refund provisions for the fuels excise taxes. Combines the three refund procedures for fuels taxes into a uniform refund procedure. Eliminates the waiver requirement for fuels tax refunds for cropdusters and other fertilizer applicators. Provides exceptions to the mandatory information return requirement for certain sales of diesel and aviation fuels. Part II: Provisions Related to Distilled Spirits, Wines, and Beer - Makes tax refunds available for imported bottled distilled spirits returned to distilled spirits plants. Permits records of exportation to be maintained by the exporter for purposes of canceling or crediting bonds furnished when distilled spirits are removed from bonded premises. Permits distilled spirits plants to maintain records of their activities at locations other than the premises where the operations covered by the records are performed. Allows beer to be transferred without payment of tax from a brewery to a distilled spirits plant to be used in the production of distilled spirits regardless of whether the brewery is contiguous to the distilled spirits plant. Repeals the requirement that wholesale liquor dealers post a sign outside their place of business indicating that they are wholesale liquor dealers. Repeals the requirement that wine returned to bonded premises be unmerchantable in order for tax to be refunded to the proprietor of the bonded wine celler to which the wine is delivered. Allows the use of ameliorating material in certain wines made exclusively from a fruit or berry. Allows domestically-produced beer to be withdrawn from the place of production without payment of tax for the official or family use of representatives of foreign governments or public international organizations. Allows beer to be removed from a brewery without payment of tax for purposes of destruction. Allows drawback on exported beer without submission of records. Provides for imported beer in bulk containers to be withdrawn from customs custody for transfer to a brewery without payment of tax. Part III: Other Excise Tax Provisions - Authorizes the exemption from registration requirements of certain tax-free sales. Repeals expired provisions concerning piggy-back trailers and deep seabed mining. Subtitle I: Administrative Provisions - Part I: General Provisions - Includes railroad retirement taxes under rules for deposits of social security and withheld income taxes. Revises such rules to change required days of deposits, take into account small depositors, and provide a safe harbor for depositors with a shortfall. Amends the Railroad Retirement Solvency Act of 1983 to conform to such revisions. Changes the threshold for withholding and paying social security taxes from $50 a quarter to $300 a year for domestic service in a private home. Requires employers of household employees only to report any social security or Federal unemployment tax obligation for wages paid to such employees on their income tax returns. Includes a household employer's social security and employment taxes in the estimated tax provisions. Authorizes the Secretary to enter into agreements with States to collect State unemployment taxes in the same manner. Revises the rules on required installments of estimated income tax by small corporations where such corporations have no tax liability for a preceding year. Allows corporations to disregard any letter or notice of assessment or proposed assessment of tax if the deficiency or proposed deficiency is less than $100,000. Incorporates into the general penalty structure the penalties for failure to provide information reports relating to pension payments. Allows reproductions of returns in digital image format by the Internal Revenue Service. Requires the Comptroller General of the United States to conduct a study of available digital image technology and report to specified congressional committees. Repeals: (1) the requirement to register tax shelters; (2) the authority to disclose whether a prospective juror has been audited; and (3) special audit provisions regarding the tax treatment of subchapter S corporations. Provides that the statute of limitations with respects to the return of a taxpayer begins running from the time the taxpayer's return is filed, not someone else's return (where the taxpayer has received an item of income, gain, loss, credit or deduction from that other person). Part II: Tax Court Procedures - Provides that an order to refund an overpayment is appealable in the same manner as a decision of the Tax Court. Declares that the Tax Court shall not have jurisdiction over the validity or merits of the credits or offsets that reduce or eliminate the refund to which the taxpayer was otherwise entitled. Provides that a taxpayer who seeks an award of administrative costs must apply for such costs within 90 days of the date on which the taxpayer was determined to be a prevailing party. Provides that a taxpayer who appeals a denial of administrative costs must petition the Tax Court within 90 days after the date that the IRS mails the denial notice. Provides that a taxpayer must file a motion (rather than a petition) to seek a redetermination of interest in the Tax Court. Provides that the net worth limitations applicable to individuals also apply to estates and trusts. Provides that individuals who file a joint tax return shall be treated as one individual for purposes of computing the net worth limitations. Part III: Authority for Certain Cooperative Agreements - Authorizes the Secretary to enter into cooperative agreements with State tax authorities for purposes of enhancing joint tax administration. Title V: Taxpayer Bill of Rights - Subtitle A: Additional Safeguards to Protect Taxpayers' Rights - Part I: Taxpayers' Advocate - Amends the Internal Revenue Code to establish in the Internal Revenue Service (IRS) the Office of Taxpayers' Advocate, headed by the Taxpayers' Advocate, appointed by the President, by and with the advice and consent of the Senate. Requires the Office to: (1) assist taxpayers in resolving problems with the IRS; (2) identify areas in which taxpayers have problems in dealings with the IRS; (3) propose changes in the administrative practices of the IRS to mitigate such problems; and (4) identify potential legislative changes which may be appropriate to mitigate such problems. Requires the Taxpayers' Advocate to report annually to specified congressional committees on Office activities. Requires the Commissioner of Internal Revenue to establish procedures requiring a formal response to all recommendations submitted to the Commissioner by the Taxpayers' Advocate. Authorizes the terms of a Taxpayer Assistance Order to require the Secretary to take certain actions (currently, only to cease or refrain from taking such actions). Part II: Modifications to Installment Agreement Provisions - Requires prior notification to taxpayers under an installment agreement to pay tax liability before altering, modifying, or terminating such an agreement. Provides for administrative review of denials of requests for installment agreements. Suspends the failure to pay penalty during any period an installment agreement is in effect. Part III: Interest - Extends from ten days to 21 days the period for which interest will not be imposed after notice and demand for payment, if such payment is less than $100,000. Provides for the abatement of interest in the case of an assessment due to the error or delay of an IRS managerial act. Part IV: Joint Returns - Allows the disclosure of collection activities to an individual requesting such information in the case of a joint return where such individual is no longer married to or residing in the same household as the other joint filer. Removes limitations on filing a joint return after filing separate returns. Part V: Collection Activities - Authorizes the Secretary, if it is determined to be in the best interest of the taxpayer and the United States, to: (1) withdraw a notice of a lien; (2) return property that has been levied upon; and (3) offer compromises in civil or criminal cases. Requires the Secretary, at the request of the taxpayer, to make reasonable efforts to notify credit reporting agencies and financial institutions of a withdrawal notice. Part VI: Erroneous and Fraudulent Information Returns - Requires payee statements to provide the phone number of the person providing payment. Establishes civil damages for the fraudulent filing of information returns. Requires the Secretary, when determining a deficiency based on an information return filed by a third party, to take reasonable steps to corroborate the accuracy of such information, when such return is disputed by the taxpayer. Part VII: Modifications to Penalty for Failure to Collect and Pay Over Tax - Declares that a person shall not be liable for any penalty for failure to collect and pay over tax if such person: (1) is not a significant owner, or highly compensated employee of the trade or business; (2) notifies the Secretary within ten days after such failure; and (3) such notification was given before any notice by the Secretary with respect to such failure. Requires the Secretary to disclose certain information where more than one person is liable for a penalty. Part VIII: Awarding of Costs and Certain Fees - Makes IRS employees personally liable in certain cases in which the prevailing party is awarded a judgment for legal costs if the court determines that such proceedings resulted from the arbitrary, capricious, or malicious act of such employee. Provides that any failure to agree to an extension of time for the assessment of any tax shall not be taken into account in determining whether a prevailing party has exhausted all administrative remedies. Part IX: Other Provisions - Revises provisions on the required content of tax due, deficiency, and other notices. Provides for the treatment of returns prepared for or executed by the Secretary for purposes of certain tax penalties. Subtitle B: Form Modifications; Studies - Part I: Form Modifications - Directs the Secretary to: (1) ensure that taxpayers are aware of Internal Revenue Code permission to pay tax in installments, extensions of time for payment of tax, and compromises of tax liability; (2) improve procedures for taxpayers to notify the Secretary of changes in names and addresses; (3) include in a specified publication a section on the rights and responsibilities of divorced individuals; (4) ensure that employees are aware of their responsibilities under the Federal tax depository system and that the public is aware of penalties for failure to collect and pay over tax; and (5) notify taxpayers of any payments that cannot be associated with any outstanding tax liability. Part II: Studies - Requires the Secretary to report to the congressional tax-writing committees on: (1) a pilot program for appeals of certain enforcement actions (including lien, levy, and seizure actions); (2) a study of ways to assist the elderly, physically impaired, foreign-language speaking, and other taxpayers with special needs to comply with tax laws; (3) the scope and content of the IRS taxpayer-rights education program for its officers and employees; and (4) cases involving complaints about misconduct of IRS employees and the disposition of such complaints. Requires the Comptroller General to report to the tax-writing committees on: (1) a study of notices of deficiency; (2) the accuracy and clarity of 25 of the most commonly used IRS forms, notices, and publications; and (3) a study of IRS employee-suggestion programs.