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Bill· SS. 3008 (102nd)open
United States · United States Congress · 22 July 1992
Older Americans Act Amendments of 1992 - Title I: Objectives and Definitions - Amends the Older Americans Act of 1965 (OAA) to make as an OAA objective the provision of support to family members and other persons providing voluntary care to older individuals needing long-term care services. Adds the definitions of various terms to OAA, including "elder abuse, neglect, and exploitation." Title II: Administration - Adds to the prohibition against delegation of Commissioner on Aging functions to any other officer not directly responsible to the Commissioner those functions of the Commissioner carried out through regional offices. Adds the following as new functions of the Associate Commissioner on American Indian, Alaskan Native, and Native Hawaiian Aging: (1) promoting coordination between programs established under OAA titles III (Grants for State and Community Programs on Aging) and VI (Grants for Native Americans); (2) acting as an advocate for Native Americans with the Indian Health Service; and (3) collecting and disseminating information regarding elder abuse, in-home care, health programs, and other problems unique to Native Americans. Establishes the Office of Long-Term Care Ombudsman Programs in the Administration on Aging (AOA), to be headed by an Associate Commissioner for Ombudsman Programs who shall serve as an advocate on behalf of long-term care facility residents within HHS and with other Federal departments and agencies. Directs the AOA Commissioner to: (1) establish and operate the National Ombudsman Resource Center to provide training, technical assistance, and information to State Long-Term Care Ombudsmen, analyze laws, regulations, programs, and practices, and provide assistance regarding recruitment and retention of volunteer ombudsmen; (2) issue regulations, and conduct strict monitoring of State compliance with requirements in effect, to prohibit conflicts of interest; (3) encourage, and provide technical assistance to, States and area agencies on aging (State and area agencies) to carry out outreach with respect to assistance under the SSI and Medicaid programs (titles XVI and XIX respectively of the Social Security Act (SSA)) and food stamp program; (5) establish information and assistance services as priority services; (6) develop guidelines for area agencies to follow in choosing and evaluating legal assistance providers and developers; (7) develop a model job description for legal assistance developers; (8) study ways in which Federal funds might be more effectively targeted to older low-income minorities and older rural residents to better meet the needs of States with a disproportionate number of older individuals in greatest need, as well as States with disproportionate numbers of older individuals generally; and (9) take other specified actions, including those with respect to establishing the National Center on Elder Abuse and the National Aging Information Center. Outlines funding requirements for the National Ombudsman Resource Center and the National Center on Elder Abuse. Requires the AOA Commissioner to coordinate, advise, consult and cooperate with the Secretary of Labor in carrying out the Community Service Employment Program for Older Americans and with ACTION in carrying out OAA. Requires the Labor Secretary to consult and cooperate with the AOA Commissioner in carrying out the Job Training Partnership Act. Requires the head of each Federal entity administering programs and services substantially related to OAA objectives to collaborate with the AOA Commissioner and develop an analysis of the impact of such programs and services on older individuals (with particular attention on older low-income minority individuals), and on the functions and responsibilities of State and area agencies. Includes as programs related to the purposes of OAA the Edward Byrne Memorial State and Local Law Enforcement Assistance Programs under the Omnibus Crime Control and Safe Streets Act of 1968. Requires the AOA Commissioner to consult and coordinate with State agencies, area agencies on aging, and Native American grant recipients in the development of Federal goals, regulations, program instructions, and policies under OAA. Establishes class memberships for individuals newly appointed to serve on the Federal Council on the Aging. Makes it a duty of the Council to advise the AOA Commissioner directly on matters affecting the special needs of older individuals for services and assistance under OAA. Authorizes appropriations. Makes mandatory currently discretionary interim Council reports to the President. Provides for a nutrition officer with responsibility over nutrition services provided under OAA title III. Revises program evaluation provisions. Requires that the annual report on the long-term care ombudsman program be compiled by March 1 of each year, rather than by January 15 as is currently required. Authorizes the AOA Commissioner and the Secretary of Agriculture to provide technical assistance and appropriate material to agencies carrying out nutrition education programs. Authorizes appropriations for OAA program administrative expenses and AOA salaries and expenses. Requires the AOA Commissioner to study and report to specified congressional committees on the effectiveness of State long-term care ombudsman programs. Requires the Secretary of Health and Human Services (HHS) to arrange to establish study committees working through the Institute of Medicine of the National Academy of Sciences to study and report to the Congress on: (1) the quality of board and care facilities for older individuals; and (2) the quality of home care services to them. Authorizes appropriations. Title III: State and Community Programs on Aging - Amends OAA title III to add: (1) to the list of purposes for such title the securing of the opportunity for older individuals to receive managed in-home and community-based long-term care services; and (2) to the list of entities that are to cooperate with State and area agencies other State agencies, including those that administer home and community programs, and organizations representing or employing older individuals or their families. Modifies the definition of "comprehensive and coordinated system." Authorizes appropriations. Revises allotment provisions. Sets a minimum annual allotment of $50,000 per State for supportive activities for caretakers. Mandates withholding of allotments for those States which have not had their intrastate funding formula approved. Adds provisions with respect to outreach demonstration projects and volunteer services coordinators. Makes the designated State agency primarily responsible for the planning, policy development, administration, coordination, priority setting, and evaluation of all State activities related to OAA objectives. Requires that the intrastate funding formula be developed in consultation with area agencies and take into account older individuals distributed both throughout the State and, with respect to older individuals in greatest need, among agency planning and services areas, with particular attention to older low-income minority individuals. Requires submission of such formula to the AOA Commissioner, who shall approve it, rather than review and comment upon it as currently required, once it is found to fulfill OAA requirements. Requires the designated State agency to provide assurances that it will require the use of outreach efforts to identify individuals eligible for OAA assistance and inform them of the availability of such assistance. Requires the designated State agency to: (1) set specific goals for each planning and service area for providing services to older low-income minority individuals; (2) provide assurance that it will undertake specific program development, advocacy, and outreach efforts focused on the needs of such minority individuals; and (3) provide a description of its efforts in this regard. Declares that whenever a State agency initiates an action or proceeding to revoke the designation of an area agency, designate an additional planning and service area, divide the State into different such areas, or otherwise affect planning and service area boundaries, it must establish and follow procedures to provide due process to affected parties. Revises area and State plan provisions. Revises provisions concerning the transfer of funds between: (1) supportive and nutrition services programs; and (2) congregate and home delivered nutrition services programs. Allows the AOA Commissioner to reimburse States for supplies in the event of a major disaster declared by the President in accordance with the Disaster Relief and Emergency Assistance Act. Requires the AOA Commissioner to advance at least 75 percent of the disaster relief reimbursement to the State within five days of the President's disaster declaration. Directs the Secretary of Agriculture to maintain, for FY 1992, a level of assistance equal to the greater of: (1) a per meal reimbursement rate equal to the amount appropriated, divided by the number of meals served in the preceding fiscal year; or (2) 61 cents per meal. Provides for Consumer Price Index adjustment of the 61 cents per meal for FY 1993 and subsequent fiscal years. Provides that in each fiscal year the final reimbursement claims shall be adjusted to use the full amount appropriated for that fiscal year. Authorizes appropriations for the surplus commodities distribution program. Directs the AOA Commissioner to require entities that provide in-home services to promote specified rights of the older individual who receives such services. Adds certain new supportive services to the list of those currently authorized under OAA title III. Allows congregate and home delivered nutrition projects to operate in rural areas at a frequency that is less than the frequency currently required. Repeals certain dietary requirements for such projects. Requires the AOA Commissioner to consult with representatives from the Dietary Managers Association in developing criteria for furnishing meals under home delivered nutrition projects. Adds two new subparts entitled "School-Based Meals for Volunteer Older Individuals and Multigenerational Programs" and "General Provisions" to part C (Nutrition Services) of OAA title III under which: (1) a new program will provide meals to older individuals who do volunteer work in public schools; and (2) current nutrition projects will provide meals that comply with certain dietary guidelines and allowances. Authorizes the addition of other in-home services (as defined under area and State plans) to the list of in-home services currently authorized under OAA title III. Gives OAA title III part F (Preventive Health Services) the new name "Disease Prevention and Health Promotion Services" and adds additional services which may be provided under it. States that the services provided under such part shall not include those for which payment may be made under SSA title XVIII (Medicare). Modifies and shifts to a new OAA title VII (Allotments for Vulnerable Elder Rights Protection Activities) the OAA title III part G program for the prevention of abuse, neglect, and exploitation of older individuals. Repeals the old part G program. Adds a new part G program entitled "Supportive Activities for Caretakers Who Provide In-Home Services to Frail Older Individuals" under which the AOA Commissioner shall carry out a State grant program to provide supportive activities for caretakers who provide in-home services to frail older individuals. Lists those activities which constitute supportive activities. Includes the maintenance of lists of individuals who provide respite services as a supportive activity. Title IV: Training, Research, and Discretionary Projects and Programs - Amends OAA title IV (Training, Research, and Discretionary Projects and Programs) to require the AOA Commissioner to: (1) consult annually with State and area agencies, Native American grant recipients, and other entities and individuals in developing priorities for grants and contracts; and (2) ensure that grants and contracts are evaluated for their benefit to older individuals and OAA programs and comply with OAA requirements. Makes such education and training projects emphasize attracting minority personnel to the field of aging in order to help meet critical shortages of adequately training personnel for programs in that field. Makes it a purpose of grants and contracts to provide education and training for practitioners in the field of gerontology. Makes in-service training emphasize using culturally sensitive practices to respond to the needs of older individuals. Provides for training of service providers with respect to aging and the problems of older individuals. Adds schools of social work and psychology to the list of schools which multidisciplinary centers of gerontology are required to help develop training programs in the field of aging. Revises provisions with respect to demonstration projects and special projects in comprehensive long-term care. Allows legal assistance agencies to participate in ombudsman and advocacy demonstration projects for developmental disabilities and mental illness. Authorizes demonstration projects to provide: (1) older individuals with multigeneration activities; and (2) supportive services to older individuals who are residents in federally assisted housing projects. Authorizes the AOA Commissioner to award grants to eligible communities (with a preference for applicants experienced in operating community programs and programs meeting the independent living needs of older individuals) to establish neighborhood senior care programs, in order to encourage professionals to provide volunteer services to local residents who are older individuals and who might otherwise have to be admitted to nursing homes and hospitals. Requires the AOA Commissioner, to the extent appropriations are available, to contract for the establishment of a technical resource center that will: (1) assist the Commissioner in developing criteria for, and in awarding grants to communities to establish, neighborhood senior care programs; (2) assist communities interested in establishing such a program; (3) provide ongoing analysis of such programs and provide program data to the AOA Commissioner; (4) serve as a liaison to State agencies; and (5) take any further actions as required. Authorizes the AOA Commissioner to make grants to selected agencies and organizations to support improvement of information and assistance services, and systems of services, operated at State and local levels. Requires the AOA Commissioner to: (1) establish and carry out senior transportation demonstration programs for the purpose of improving the mobility of, and transportation services for, older individuals; and (2) make grants to or enter into contracts with eligible entities to establish and operate Resource Centers on Native American Elders. Requires such Centers to: (1) gather information and perform research on priority areas of concern regarding older Native Americans; (2) provide for dissemination of research results; and (3) provide technical assistance and training to entities that provide services to older Native Americans. Requires the AOA Commissioner to make grants for: (1) services for older individuals with developmental disabilities and for older individuals with caretaker responsibilities for developmentally disabled children; (2) housing ombudsman programs; and (3) foreclosure and eviction assistance and relief services. Authorizes demonstration projects that generate non-Federal resources in order to increase resources available to provide additional services under OAA title III. Requires the AOA Commissioner to make grants to institutions of higher education, historically black colleges or universities, Hispanic Centers of Excellence in Applied Gerontology, and other educational institutions that serve the needs of minority students, to provide education and training to prepare students for careers in the field of aging. Requires the AOA Commissioner to establish and carry out pension rights demonstration projects. Authorizes appropriations. Revises provisions respecting demonstration project grant payments and AOA Commissioner responsibilities. Title V: Community Service Employment for Older Americans - Amends the Older American Community Service Employment Act (OAA title IX) to make miscellaneous and technical amendments with respect to employment projects. Authorizes appropriations. Provides that assistance under such Act shall not be construed to be financial assistance for purposes related to the Immigration and Nationality Act. Title VI: Grants For Native Americans - Amends OAA title X (Grants for Native Americans) to require applicants for grants under parts A (Indian Program) and B (Native Hawaiian Program) to assure that they will coordinate services under OAA titles III and X in same geographical area. Provides for the distribution of OAA title X grant funds among: (1) tribal organizations; and (2) organizations serving Native Hawaiians. Authorizes appropriations. Title VII: Vulnerable Elder Rights Protection Activities - Adds to OAA the new title VII (Allotments for Vulnerable Elder Rights Protection Activities) referenced above in title III of this Act. Establishes ombudsman programs, programs for prevention of elder abuse, neglect, and exploitation, a State elder rights and legal assistance development program, and an outreach, counseling, and assistance program. Authorizes appropriations. Directs the AOA Commissioner to make allotments to States to pay for the cost of carrying out vulnerable elder rights protection activities. Directs the AOA Commissioner to make grants for vulnerable elder rights protection activities with respect to Native Americans. Authorizes appropriations. Title VIII: Amendments to Other Laws; Related Matters - Requires the Director of the National Center for Health Statistics of the Centers for Disease Control to collect and report on certain demographic information on home health care aides and nursing home nurse aids, as well as information on the role of such aides in providing institution-based and home-based long-term care. Requires the Labor Secretary to: (1) collect, and prepare a report containing, certain information on home health care aides, including information on conditions of employment and employment benefits with respect to such aides; and (2) collect and prepare a report containing similar information with respect to nursing home nurse aides. Requires the Director's and Secretary's reports to be transmitted to the AOA Commissioner. Requires the AOA Commissioner to review such reports, then submit them to appropriate congressional committees along with comments and findings. Requires the Labor Secretary to include a separate occupation code for each such aide in Labor wage surveys conducted after enactment of this Act. Amends the National School Lunch Act to revise the definition of "adult day care center" to include entities licensed to provide adult day care services to individuals in a group living arrangement. Native American Programs Act Amendments of 1992 - Amends the Native American Programs Act of 1974 (NAPA) to transfer from the HHS Secretary to the Commissioner of the Administration to Native Americans (established by this Act) authority for financial assistance to Native American projects. Makes private agencies serving Alaska Native organizations in urban or rural areas not associated with an Alaska Native village eligible for financial assistance. Makes the Office of Hawaiian Affairs of Hawaii (Office) the sole recipient of grants from the Commissioner referenced below for a currently authorized revolving loan fund for economic development in Hawaii. Repeals the termination date for such loan fund (thus making it permanent). Requires the Office to provide matching non-Federal contributions to the fund for each grant. Authorizes appropriations. Repeals provisions that require unneeded monies in the fund to be deposited as miscellaneous receipts in the Treasury. Revises associated congressional reporting requirements. Establishes in HHS the Administration for Native Americans (Administration), which shall be headed by a Commissioner (Commissioner), and in the Office of the Secretary (Secretary) the Intra-Departmental Council on Native American Affairs (Council). Makes the Administration responsible for carrying out programs under NAPA. Makes the Commissioner the chairperson of the Council. Requires the Commissioner to advise the HHS Secretary on all matters affecting Native Americans that involve HHS. Requires the Council to: (1) prepare a plan to allow tribal governments and other eligible Native American organizations to consolidate HHS grants; and (2) designate a single office to oversee and audit such grants. Revises technical assistance and training provisions. Modifies appeal and evaluation provisions. Adds congressional reporting requirements regarding social and economic conditions of Native Amerians. Extends employment preference to individuals who are eligible for NAPA assistance. Revises administrative provisions. Authorizes appropriations for: (1) demonstration projects to conduct research related to Native American studies and Indian policy development; (2) continued development of a detailed plan for a National Center for Native American Studies and Indian Policy Development; and (2) specified provisions of NAPA. Amends the Older Americans Act Amendments of 1987 to require the President to convene a White House Conference on Aging before January 1, 1995. Authorizes appropriations. Expresses the sense of the Congress that such Conference should consider the impact of the social security earnings test on older individuals who are employed. Title IX: General Provisions - Provides that any authority to enter into contracts under this Act shall be effective only to the extent or in such amounts as are provided in advance in appropriations Acts. Requires the HHS Secretary to issue proposed regulations to carry out the amendments made by titles I through VII of this Act. Expresses the sense of the Congress that a recipient of Federal financial assistance awarded under this Act for equipment or product purchases should use such assistance to purchase American-made equipment or products. Sets forth effective dates of provisions of this Act.
Bill· SS. 2998 (102nd)referred
United States · United States Congress · 22 July 1992
Enhanced Enterprise Zone Act of 1992 - Title I: Designation of Enterprise Zones - Amends the Housing and Community Development Act of 1987 to revise the enterprise zone designation procedure. Title II: Studies - Directs the Comptroller General to study: (1) enterprise zone effectiveness; and (2) insurance availability in central cities and distressed urban areas. Title III: Zone Coordination Advisory Council - Requires each jurisdiction containing an enterprise zone to appoint a Zone Coordination Advisory Council. Title IV: Community Building Enhancements - Amends the Cranston-Gonzalez National Affordable Housing Act to authorize additional appropriations for jurisdictions containing enterprise zones. Amends the Housing and Community Development Act of 1974 to permit, and authorize appropriations for, use of community development block grants (CDBG) in enterprise zones. Amends the Cranston-Gonzalez National Affordable Housing Act to authorize an enterprise zone Youthbuild program. Authorizes appropriations. Amends the Public and Assisted Housing Drug Elimination Act of 1990 to give public housing drug elimination grant priority to enterprise zones. Amends the United States Housing Act of 1937 to authorize planning and implementation grants for severely distressed public housing revitalization. Authorizes appropriations. Amends the Housing Act of 1949 to give rural housing preference to enterprise zones. Amends the Cranston-Gonzalez National Affordable Housing Act to reduce the HOME investment partnerships matching requirement for enterprise zones. Amends the Federal Transit Act to increase the Federal share of public transportation projects for enterprise zones. Amends the Cranston-Gonzalez National Affordability Housing Act to: (1) exempt new construction in enterprise zones from certain HOME investment partnerships requirements; and (2) establish a model program to facilitate the redevelopment of severely blighted inner city areas. Amends the Housing and Community Development Act of 1974 with regard to the CDBG program to: (1) provide economic development technical assistance to public or nonprofit entities; (2) set forth criteria for low-income employee determinations; (3) reduce paperwork for small and micro-business development initiatives; and (4) implement a training program for Department of Housing and Urban Development (HUD) personnel. Directs the Comptroller General to report to the Congress on the types and quality of jobs created pursuant to title I of the Housing and Community Development Act of 1974. Title V: Enterprise Capital Access Fund - Enterprise Capital Access Fund Demonstration Program - Establishes a demonstration program to provide loans and technical assistance grants to nonprofit financial intermediaries in order to finance business and employment opportunities, low-income housing opportunities, and neighborhood revitalization projects. Establishes within HUD an Office of Community Banking to carry out this title. Authorizes appropriations.
Bill· HRH.R. 5650 (102nd)open
United States · United States Congress · 22 July 1992
Amends the Internal Revenue Code to allow farmers' cooperatives to elect to treat as ordinary income or loss certain capital gains and losses from the disposition of assets used in conducting business with or for patrons. Decreases from five years to four years the maturity date for high yield discount obligations for purposes of determining the deduction for interest on indebtedness. Requires any interest received by a limited equity housing corporation on reasonable reserves (including reserves required by a government agency or lender) to be treated as income derived by such corporation from transactions with members.
Law· HRH.R. 5620 (102nd)enacted
United States · United States Congress · 21 July 1992
Supplemental Appropriations, Transfers, and Rescissions Act, 1992 - Makes supplemental appropriations for FY 1992. Title I: Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies - Makes additional appropriations available to: (1) the Department of Commerce for the International Trade Administration and the Foreign Fishing Observer Fund of the National Oceanic and Atmospheric Administration; (2) the Department of Justice for debt collection legal activities; (3) the Department of State for contributions for international peacekeeping activities; (4) the Judiciary for defender services of the Courts of Appeals, District Courts, and other Judicial Services; and (5) the Equal Employment Opportunity Commission for salaries and expenses. Extends FY 1992 supplemental appropriations made to the National Commission on Judicial Dicipline and Removal for salaries and expenses through FY 1993. Amends the National Commission on Judicial Discipline and Removal Act to change the reporting date of such Commission to August 1, 1993. Title II: Department of Defense - Military - Makes additional amounts available until September 30, 1992, to the Army, Navy, Air Force, and Defense agencies for operation and maintenance and environmental restoration. Requires a specified amount of defense agency operation and maintenance funds to be used to provide educational assistance for the education of dependents of members of the armed forces in areas which have a significant increase of such dependents as a result of relocation or realignment of armed forces personnel. Requires a specified amount of environmental restoration funds to be obligated and expended not later than September 30, 1992. Makes additional amounts available for obligation until September 30, 1993, to defense agencies for research, development, test and evaluation. Makes supplemental appropriations to the the Pentagon Reservation Maintenance Revolving Fund and the Office of the Inspector General. Provides the transfer of additional funds for additional incremental costs associated with operations in and around the Persian Gulf resulting from Operation Desert Shield/Desert Storm. Makes supplemental appropriations for military personnel through a transfer of funds. Makes supplemental appropriations for military operation and maintenance through a transfer of funds to remain available until September 30, 1994. Provides an additional amount for operation and maintenance of defense agencies. Authorizes the Secretary of Defense to make adjustments to amounts previously transferred in specified other Acts relating to Operation Desert Shield/Desert Storm for the purpose of adjusting amounts which may be transferred to military personnel and operation and maintenance appropriations. Makes additional amounts available, to be derived by transfer to Army National Guard personnel and Army and Navy Operation and maintenance appropriations. Makes additional amounts available, to be derived by transfer to Army National Guard personnel and Army and Navy operation and maintenance. Terminates the Persian Gulf Regional Defense Fund through a rescission of funds. Amends the Dire Emergency Supplemental Appropriations and Transfers for Relief From the Effects of Natural Disasters, for Other Urgent Needs, and for Incremental Costs of "Operation Desert Shield/Desert Storm" Act of 1992 to extend FY 1992 funds through FY 1993 for support of the Kurdish Protection or Ready Reaction Force. Directs the Secretary of Defense to transfer, without reimbursement, five Black Hawk helicopters, together with associated spares, from the United States Army to the Drug Enforcement Administration. Amends the Department of Defense Appropriations Act, 1992 to remove obligation authority for a Phase II V-22 Full Scale Engineering Development program related to the V-22 aircraft program. Title III: Departments of Labor, Health and Human Services, Education, and Related Agencies - Makes additional funds available through FY 1993 to the Department of Labor for advances to the unemployment trust fund and other funds. Prohibits the Secretary of Labor from implementing or administering final or proposed regulations concerning: (1) a category of "helper" workers; and (2) apprenticeship programs in the construction industry. Title IV: Department of Defense - Military Construction - Makes an additional amount available to remain available until expended, including a transfer of funds, for environmental restoration of bases slated for closure and realignment. Title V: Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies - Makes supplemental appropriations to the Department of Veterans Affairs for: (1) the Veterans Benefits Administration; (2) the vocational rehabilitation loans program account; (3) the Veterans Health Administration; and (4) department administration. Merges the capital grants and rental assistance funds provided to the housing for the elderly program and the housing for the disabled program of the Department of Housing and Urban Development. Makes additional amounts available, to be derived by transfer, for certain low-income housing contract renewals. Rescinds a specified amount of FY 1992 for low-income housing projects and makes such funds available for FY 1993. Rescinds certain FY 1992 funds for the National Commission on Manufactured Housing and makes such amount available for the Commission in FY 1993. Increases previously appropriated funds for personnel compensation and benefits for the Commissioners of the Consumer Product Safety Commission. Rescinds FY 1992 amounts earmarked for financial assistance for legal representation costs of the Court of Veterans Appeals. Makes such amounts available until September 30, 1994, for salaries and expenses of such Court. Authorizes the Administrator of the Environmental Protection Agency to award a grant under the Solid Waste Disposal Act for the purchase of a building and associated costs to support a program for the environmental restoration of the Lackawanna Valley. Makes additional amounts available to the National Commission on Severely Distressed Public Housing through a funds transfer of amount provided to the Department of Housing and Urban Development. Title VI: Department of Agriculture, Rural Development, Food and Drug Administration, and Related Agencies - Amends the Dire Emergency Supplemental Appropriations and Transfers for Relief From the Effects of Natural Disasters, for Other Urgent Needs, and for Incremental Cost of "Operation Desert Shield/Desert Storm" Act of 1992 to allow the Commodity Credit Corporation to make grants assist low-income migrant and seasonal farmworkers. Title VII: Energy and Water Development - Makes additional funds available to the Department of the Interior to meet emergency needs for areas stricken by drought. Title VIII: Department of Transportation and Related Agencies - Amends the Federal Transit Act to require the expenditure of administrative and research funds for grants to North Carolina A. & T. State University and the University of South Florida and a consortium of Florida A & M, Florida State University, and Florida International University.
Bill· HRH.R. 5600 (102nd)open
United States · United States Congress · 9 July 1992
Children's Initiative - Family Preservation Act of 1992 - States that titles I through V of this Act may be cited as the Family Preservation Act of 1992 - Title I: Child Welfare Services - Amends part B (Child Welfare Services) of title IV of the Social Security Act (SSA) to create a capped entitlement program to provide child welfare services designed to strengthen and preserve families. Provides for allotments, reallotments, and payments to States of entitlement funds. Requires use of part of such funds to develop or expand specialized child welfare service programs for families in crisis due to substance abuse. Requires uses of remaining funds to develop or expand certain family and child service programs. Repeals provisions for incentive payments to States which maintain a foster care inventory, information system, and case review system; but requires States to provide such protections and other services designed to keep families together or reunify them, or to place children for adoption, with a legal guardian, or in some other planned, permanent living arrangement. Requires States to submit the following types of reports on child welfare services and expenditures: (1) pre-expenditure reports; (2) post-expenditure reports; and (3) comparative financial contributions reports. Requires the Secretary of Health and Human Services to transmit to specified congressional committees annual summaries of the information in such comparative financial contributions reports. Requires such information to be made available to the public. Reserves entitlement funds for grants to State court systems to assess and improve procedures in child welfare cases in carrying out parts B and E (Foster Care and Adoption Assistance) of SSA title IV. Sets forth application requirements and formulas for determining the amount of such grants for FY 1994 through 1998. Directs the HHS Secretary to submit interim and final reports to the Congress on the information obtained from assessments conducted with such grants and the impact of such grant program on State court procedures and functions. Requires each State to compile periodically a detailed directory of programs designed to keep families together or reunify them or place children permanently, identifying which of such programs provides specialized child welfare services to families in crisis due to substance abuse. Requires States to report on measures taken to comply with the Indian Child Welfare Act. Title II: Foster Care And Adoption Assistance - Amends SSA title IV to add a new part C, Comprehensive Service Projects to grant States flexibility and resources to develop comprehensive and coordinated services designed to: (1) preserve and strengthen families with children at risk of placement outside their homes; (2) reunite children with their families expeditiously if an out-of-home placement is found to be necessary; and (3) place children in adoptive homes or other permanent arrangements in a timely fashion if reunification with their families is not appropriate. Permits any State to apply to the HHS Secretary for permission to: (1) conduct a comprehensive service project in a selected area or areas; and (2) suspend certain child welfare services and foster care and adoption assistance requirements with respect to State activities in such area or areas during the project. Sets forth application requirements and administrative provisions for such projects. Prohibits the HHS Secretary from requiring as a condition of approval of a project application: (1) the State to select any area or areas in which to conduct the project; or (2) the project to comply with any requirements not specified in the project authorization. Sets forth those requirements with which such a project must comply. Provides for determining the expenses for which a State might properly seek reimbursement, for purposes of calculating such grant amount. Authorizes the HHS Secretary to increase such grant amount, to the extent appropriate, by taking specified factors into account. Sets forth requirements for notification to States of grant amounts, and for grant payments in equal quarterly installments. Prohibits a State from carrying out such a project in a manner that impairs the entitlement of any child to: (1) the foster care benefits he or she would have receive if the HHS Secretary had approved the State plan and had not authorized the State to conduct such a project; or (2) any other benefit to which the child is legally entitled. Deems a State to have in effect an approved foster care and adoption assistance plan during the period in which it conducts such a project for purposes of State plan requirements under part A (Aid to Families with Dependent Children) (AFDC) of SSA title IV. Requires States to report annually on project funds expended to the HHS Secretary and the Advisory Commission on Children and Families. Provides for administrative remedies for unsuccessful projects. Provides for project termination. Makes abandoned children entering foster care eligible for foster care maintenance payments. Makes the adoptive parents of any such child with respect to whom foster care maintenance payments may be made eligible for adoption assistance payments. Makes technical revisions to the foster care maintenance payments program and the adoption assistance program to expand the removal from home requirement to include removal from legal custody. Provides for retroactive application of such new requirement under the adoption assistance program. Makes children whose adoption has been set aside by a court eligible for foster care maintenance payments. Makes the adoptive parents of any such child with respect to whom foster care maintenance payments may be made eligible for adoption assistance payments. Establishes a respite care program for foster parents with children who have special needs. Limits the expenses eligible for reimbursement under such program. Expands the definition of children with special needs, for purposes of the adoption assistance program, to include: (1) those children for whom information is known and available about their genetic or social history indicating a high risk of medical conditions or physical, mental, or emotional handicaps which makes it reasonable to conclude that they cannot be placed for adoption without providing part E adoption assistance or Medicaid (SSA title XIX) medical assistance; and (2) those children that have been adopted, that were under the care and responsibility of the State agency responsible for administering the State's part E programs immediately before adoption, and that have a mental, physical, or emotional handicap that either existed before the adoption but was not diagnosed until afterwards, or first manifests itself after the adoption but is congenital or was caused beforehand. Extends to relatives (as well as foster parents) who are prospective adoptive parents, and with whom the child has significant emotional ties while in their care, the exception to the requirement that an effort be made to place special needs children with appropriate adoptive parents without providing adoption or Medicaid assistance. Requires each State to submit to the HHS Secretary the factors and conditions it uses to identify children with special needs for purposes of the adoption assistance program, and any modifications to such factors and conditions. Directs the HHS Secretary to establish an Advisory Committee on Foster Care Placement to study and report to the Secretary and the Congress on the implementation of specified requirements, under State plans for foster care and adoption assistance, that reasonable efforts be made: (1) before placement of a child in a foster home, to prevent or eliminate the need for removal of the child from the child's home; and (2) to make it possible for the child to return to the child's home. Provides Federal coverage of 90 percent of State costs in developing and installing certain statewide mechanized data collection and information retrieval systems. Covers 50 percent of State costs for operation of such systems. Provides that all State expenditures for development, installation, and operation of such systems shall be treated as necessary for proper and efficient administration of the State plan, without regard to whether the systems may be used with respect to foster or adoptive children other than those on behalf of whom payments may be made for foster care maintenance or adoption assistance. Reduces, after three years, from 90 to 50 percent the Federal matching payment for development and installation of such systems. Defers a deadline for implementation of automated systems until one year after certain regulations are promulgated. Directs the Secretary to establish a work group to advise on planning and implementation of the system to be used for collection of data relating to adoption and foster care in the United States. Requires the State plan to provide for: (1) a triennial review of the amounts paid as foster care maintenance payments and adoption assistance to assure their continuing appropriateness; and (2) a report to the HHS Secretary on the results. Sets forth requirements concerning dispositional hearings to determine the final status of a foster child. Revises the time frame for judicial determinations on voluntary placements. Sets forth case plan requirements for placement of children in out-of-State foster care. Requires annual review, with the child present, of the status of children in out-of-State foster care placements. Requires States to collect data on the numbers of children in out-of-State foster care placements. Requires a State, in order to receive payments for expenditures after FY 1994 for foster care maintenance payments made with respect to children placed in foster care outside the State, to conduct and submit a study to the HHS Secretary, by the end of such fiscal year, identifying the number and common characteristics of such children and the reasons why they were not placed in foster care in the State. Provides for the treatment of assets of youth participating in the independent living program. Eliminates the ceilings on Federal foster care payments to States and the State's authority to transfer unused foster care funds to child welfare services programs. Directs the HHS Secretary to: (1) establish an advisory committee; and (2) issue final regulations for training of staff of agencies responsible for administering foster care and adoption assistance programs, and for training of foster care and adoptive parents. Directs the Secretary annually to publish information, on a State-by-State basis, on expenditures for, and the operation of, the Child Welfare Services program, the Foster Care and Adoption Assistance program, and Comprehensive Service Projects. Amends SSA title IV to add a new part G, Child Welfare Review System. Directs the HHS Secretary to establish such system to: (1) review each State child welfare program to assess whether the requirements of the Act are being carried out; (2) impose financial penalties in cases of substantial failure to comply; and (3) provide technical assistance to any such program. Sets forth provisions relating to effects of noncompliance, suspension and rescission of financial penalties, and administrative and judicial review. Requires that all State child welfare programs be reviewed at least once by the end of FY 1997. Prohibits the Secretary from reducing or withholding any payment, or seeking any repayment from any State under part B or E, by reason of a determination made in connection with specified reviews or audits for certain periods. Prohibits suspension of payments with respect to any claim for reimbursement 30 days after the HHS Secretary receives the quarterly statement of expenditures that contains the report of the claim. Provides that within ten months after the Secretary takes any action to suspend payment with respect to such a claim, the Secretary shall: (1) determine the allowability of the claim; or (2) if unable to make such a determination, make payment with respect to the claim, subject to a later determination of allowability. Title III: Social Services Block Grant - Amends SSA title XX (Block Grants to States for Social Services) to authorize increased appropriations for title XX programs. Provides for the allocation to tribal organizations of program funds otherwise allotted to the State in which the Indians represented by such an organization reside. Title IV: Research, Demonstration, and Evaluation Activities - Amends part A (General Provisions) of SSA title XI to require the Director of the Office of Technology Assessment (OTA) to establish an Advisory Commission on Children and Families. Requires the Commission to collect and assess specified types of information in order to identify cost-effective approaches to protect and enhance the physical, mental, emotional, and financial well-being of children and their families. Directs OTA to report annually to the Congress on the Commission and its assessment. Requires the Commission to conduct, through contracts with independent research organizations, the following research and evaluation projects: (1) the evaluation of child welfare service programs, including intensive family preservation programs; (2) foster care evaluations; (3) longitudinal child welfare data bases, and studies of child welfare population dynamics; and (4) comprehensive service projects evaluations. Requires the Commission to study child separation guidelines. Directs the HHS Secretary to conduct the following research and evaluations: (1) a study (under contract with an independent research organization) to assess the prevalence and nature of risks to the safety of employees of child welfare systems; and (2) a three-year study (under contract with an organization with demonstrated appropriate experience) to examine methodologies for measuring the workloads of providers of child welfare services and community mental health services. Directs the HHS Secretary to make grants to States or localities for child welfare demonstration projects concerning abandoned child permanent placement. Directs the HHS Secretary to authorize eligible institutions to conduct demonstration projects to train eligible individuals to deliver culturally sensitive and bilingual child welfare services in U.S. areas that border on Mexico. Directs the HHS Secretary to make grants to eligible institutions to conduct projects to train eligible institutions to deliver culturally sensitive and bilingual welfare services in urban centers which have a high proportion of historically unserved or underserved populations. Authorizes the HHS Secretary to make grants to State or local government agencies to conduct demonstration projects designed to: (1) develop and implement innovative recruitment or retention strategies for trained staff in public and private nonprofit agencies working with children and adolescents at risk of being placed in foster care; and (2) test the effect of joint training programs for the staff of child welfare, mental health, and juvenile justice agencies, and for judicial personnel and judges. Authorizes the HHS Secretary to conduct demonstration projects designed to test the feasibility of eliminating income and resource requirements respecting foster care and adoption assistance payments. Directs the HHS Secretary to provide technical assistance to States for: (1) interpreting and implementing parts B, C, and E; (2) disseminating information on innovative child welfare agencies; (3) correcting problems identified through Federal audits and reviews and carrying out corrective action plans under part E; (4) implementing the foster care and adoption data collection system; and (5) addressing other matters identified by the HHS Secretary. Title V: Miscellaneous Human Resources Amendments - Amends the AFDC program to give States the option of using retrospective budgeting without monthly reporting under AFDC. Increases the amount of stepparent income disregarded under AFDC. Amends the Family Support Act of 1988 to extend demonstration projects for evaluating model procedures for reviewing child support awards. Amends the Omnibus Budget Reconciliation Act of 1989 and the Omnibus Budget Reconciliation Act of 1990 to make technical corrections relating to human resource and income security provisions. Title VI: Childhood Hunger Relief - Mickey Leland Childhood Hunger Relief Act - Subtitle A: Ensuring Adequate Food Assistance - Amends the Food Stamp Act of 1977 to remove the excess shelter deduction cap for purposes of food stamp program eligibility. (Sets forth transitional caps through 1996.) Eliminates food stamp reductions for households reapplying for program reinstatement within 30 days. Excludes 100 percent (currently only a specified portion) of third party payments for transitional housing for the homeless from consideration as program income. Increases funding for the nutrition assistance program in Puerto Rico. Excludes general assistance vendor payments from consideration as program income. Excludes the income of high school students from consideration as program income. (Current law excludes income until a student's eighteenth birthday.) Subtitle B: Promoting Self-Sufficiency - Excludes from consideration as program income: (1) the first $50 a month received as child support; and (2) child support payments to non-household members. Increases annually the fair market value limit of vehicles that program recipients may own. Subtitle C: Simplifying the Provision of Food Assistance - Permits related adults living in the same household to apply for separate program benefits under specified conditions. Repeals provisions authorizing benefit reductions due to insufficient funding. Subtitle D: Commodity Distribution to Needy Families - Amends the Emergency Food Assistance Act of 1983 to provide for increased allotments in FY 1993 for commodity purchases under the emergency food assistance program. Subtitle E: Implementation and Effective Dates - Sets forth the effective dates for provisions of this title. Title VII: Funding - Amends the Internal Revenue Code to impose a surtax on individuals with incomes over $1,000,000.
Bill· HRH.R. 5612 (102nd)referred
United States · United States Congress · 9 July 1992
Prohibits a State or political subdivision from being eligible to receive any grant for economic development purposes under the Housing and Community Development Act of 1974 or under the Public Works and Economic Development Act of 1965 if such State, political subdivision, or other State instrumentality offers, permits, or grants a tax incentive that relieves a taxpayer from paying any State or local tax which would otherwise be payable for the direct or indirect support of primary and secondary education.
Bill· HRH.R. 5577 (102nd)referred
United States · United States Congress · 8 July 1992
Public Housing Fair Compensation Act of 1992 - Amends the United States Housing Act of 1937 to revise the method of calculating the amounts paid by public housing agencies in lieu of State and local real and personal property taxes. Authorizes appropriations for such payments.
Bill· SS. 2958 (102nd)open
United States · United States Congress · 2 July 1992
Makes eligible for the veterans' housing loan program an individual not otherwise eligible for such loan who has completed at least six years of service in the Selected Reserve and who, after completion of such service, was: (1) discharged honorably; (2) placed on the retired list; or (3) transferred to an element of the Ready Reserve other than the Selected Reserve after honorable service. Requires such individuals to pay a housing loan origination fee of: (1) two percent of the total loan amount if no down payment is made; (2) 1.5 percent if a down payment of at least five percent of the total loan amount is made; and (3) 1.25 percent if a down payment of ten percent or more is made.
Bill· SS. 2967 (102nd)referred
United States · United States Congress · 2 July 1992
Credit Availability and Regulatory Relief Act of 1992 - Title I: Supervisory Reforms - Amends the Federal Deposit Insurance Act to authorize the appropriate Federal banking agency to exempt any insured depository institution owned or controlled by a depository institution holding company from statutory examination requirements if: (1) the agency is satisfied that adequate internal controls and examination procedures exist within the holding company structure; and (2) the institutions owned or controlled by the holding company having at least 80 percent of all insured depository institutions owned or controlled by such holding company have been subjected to onsite examinations. Modifies statutory auditing and reporting requirements in order to reduce the regulatory costs incurred by insured depository institutions. Requires the Small Business Administration, together with specified financial institution regulatory agencies, to conduct a joint study and report to the Congress on the appropriate methods to obtain the information needed to assess the availability of credit to small businesses, including minority-owned small businesses and small farms. Repeals the existing mandate for certain regulatory standards for safety and soundness. Requires the appropriate Federal banking agencies to review their regulations and adopt uniform regulations. Excludes from bank closure requirements specified branches and automated teller machines. Amends the Federal Reserve Act to modify the aggregate statutory limits on insider lending. Repeals the current statutory mandate with respect to the regulation of interbank risks. Amends the Federal Deposit Insurance Act to change the assessment base calculation for deposit insurance premiums from the two most recent quarterly call reports of the institution to the next-to-last call report and the one immediately before it. Amends the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 to: (1) establish a threshold level of $100,000 or less below which State-certified or State-licensed appraisers are not required for certain Federal real estate-related transactions; and (2) prohibit the States from requiring State-certified or State-licensed appraisers for such transactions. Amends the Community Reinvestment Act of 1977 to set forth guidelines for self-certification of small rural regulated financial institutions that have complied with such Act. Requires the appropriate Federal financial supervisory agency to investigate any allegation filed against a regulated financial institution regarding whether it is helping to meet the credit needs of its community, consistent with safe and sound operation of the institution. Modifies the regulatory the guidelines for such institutions. Amends the Federal Deposit Insurance Act to require: (1) the appropriate Federal banking agencies to jointly establish application requirements to reduce duplicative filings by depository institutions; and (2) the Federal Deposit Insurance Corporation (FDIC) to minimize the regulatory burden imposed upon insured depository institutions. Removes certain interest rate restrictions placed upon depository institutions that are adequately capitalized. Repeals provisions relating to private deposit insurers and deposit institutions lacking Federal deposit insurance. Prohibits the Federal Trade Commission from bringing an action or proceeding against a private deposit insurer for non-compliance with the requirement to complete a certain annual audit within a specified time period. Requires the Secretary to study and report to the Congress on: (1) those measures necessary to ensure adequate public disclosure of depository institutions that lack Federal deposit insurance; and (2) the appropriateness of imposing audit requirements on private deposit insurers. Amends the Federal Deposit Insurance Corporation Improvement Act of 1991 to delay the effective dates for specified new requirements for insured financial institutions. Amends the Home Owners' Loan Act to accelerate the effective date by which savings associations may engage in certain affiliate transactions permitted for banks. Title II: Non-Supervisory Reforms - Subtitle A: Expedited Funds Availability and Electronic Transfers - Amends the Expedited Funds Availability Act to eliminate next-day availability schedules for checks drawn on and deposited at an automated teller machine of the same depository institution. Makes the availability schedule for new accounts applicable during the 90-day (currently 30-day) period beginning on the date the account is established. Authorizes the Board of Governors of the Federal Reserve System (the Federal Reserve Board) to establish rules imposing liability and allocating risk of loss among depository institutions and other entities participating in the payments system, including the States and political subdivisions on which checks are drawn. Subtitle B: Amendments to the Truth in Lending Act - Amends the Truth in Lending Act to: (1) exempt from its purview credit transactions involving consumers whose income or net worth exceeds specified thresholds; and (2) prohibit the recovery of punitive damages. Subtitle C: Homeownership Amendments - Amends the Real Estate Settlement Procedures Act of 1974 to exempt lenders who finance the purchase of residential real estate from requirements to provide certain information booklets to borrowers if the lender denies the loan application within three business days after it is received. Amends the Home Mortgage Disclosure Act of 1975 to index the asset size of depository institutions exempt from the Act to increases in the Consumer Price Index. Amends the Competitive Equality Banking Act of 1987 to apply the definition of "adjustable rate mortgage loan" with respect to the interest rate cap to consumer loans only. Prohibits an appropriate Federal banking agency from requiring any depository institution to engage in Fair Housing Act data collection activities if such activities are already required under the Home Mortgage Disclosure Act of 1975. Subtitle D: Amendments to the Truth in Savings Act - Amends the Truth in Savings Act to direct the Federal Reserve to exempt certain broadcast, electronic, or outdoor advertisements from interest-rate disclosure requirements. Authorizes the Board to exempt or modify certain disclosure requirements with respect to specified accounts and interest rates. Limits the civil liability of a depository institution to an accountholder to the actual damages sustained. Subtitle E: Expedited Procedures for Bank Holding Companies - Amends the Bank Holding Company Act to set forth expedited procedures by which banks may reorganize into bank holding companies. Amends the Securities Act of 1933 to: (1) reflect such expedited procedures; and (2) prescribe expedited procedures for bank holding companies to seek approval to engage in nonbanking activities. Amends the Bank Holding Company Act of 1956 and the Federal Deposit Insurance Act to permit, with the concurrence of the Attorney General, the reduction to five days of the post-approval waiting period for bank holding company acquisitions and bank mergers.
Bill· HRH.R. 5539 (102nd)referred
United States · United States Congress · 2 July 1992
Credit Availability and Regulatory Relief Act of 1992 - Title I: Supervisory Reforms - Amends the Federal Deposit Insurance Act to authorize the appropriate Federal banking agency to exempt any insured depository institution owned or controlled by a depository institution holding company from statutory examination requirements if: (1) the agency is satisfied that adequate internal controls and examination procedures exist within the holding company structure; and (2) the institutions owned or controlled by the holding company having at least 80 percent of all insured depository institutions owned or controlled by such holding company have been subjected to onsite examinations. Modifies statutory auditing and reporting requirements in order to reduce the regulatory costs incurred by insured depository institutions. Requires the Small Business Administration together with specified financial institution regulatory agencies to conduct a joint study and report to the Congress on the appropriate methods to obtain the information needed to assess the availability of credit to small businesses, including minority-owned small businesses and small farms. Repeals the existing mandate for certain regulatory standards for safety and soundness. Requires the appropriate Federal banking agencies to review their regulations and adopt uniform regulations. Excludes from bank closure requirements specified branches and automated teller machines. Amends the Federal Reserve Act to modify the aggregate statutory limits on insider lending. Repeals the current statutory mandate with respect to the regulation of interbank risks. Amends the Federal Deposit Insurance Act to change the assessment base calculation for deposit insurance premiums (from the two most recent quarterly call reports of the institution to the next-to-last call report and the one immediately before it). Amends the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 to: (1) establish a threshold of $100,000 or less level below which State-certified or State-licensed appraisers are not required for certain Federal real estate-related transactions; and (2) prohibit the States from requiring State-certified or State-licensed appraisers for such transactions. Amends the Community Reinvestment Act of 1977 to set forth guidelines for self-certification of small rural regulated financial institutions that have complied with such Act. Requires the appropriate Federal financial supervisory agency to investigate any allegation filed against a regulated financial institution regarding whether it is helping to meet the credit needs of its community, consistent with safe and sound operation of the institution. Modifies the regulatory the guidelines for such institutions. Amends the Federal Deposit Insurance Act to require: (1) the appropriate Federal banking agencies to jointly establish application requirements to reduce duplicative filings by depository institutions; and (2) the Federal Deposit Insurance Corporation (FDIC) to minimize the regulatory burden imposed upon insured depository institutions. Removes certain interest rate restrictions placed upon depository institutions that are adequately capitalized. Repeals provisions relating to private deposit insurers and deposit institutions lacking Federal deposit insurance. Prohibits the Federal Trade Commission from bringing an action or proceeding against a private deposit insurer for non-compliance with the requirement to complete a certain annual audit within a specified time period. Requires the Secretary to study and report to the Congress on: (1) those measures necessary to ensure adequate public disclosure of depository institutions that lack Federal deposit insurance; and (2) the appropriateness of imposing audit requirements on private deposit insurers. Amends the Federal Deposit Insurance Corporation Improvement Act of 1991 to delay the effective dates for specified new requirements for insured financial institutions. Amends the Home Owners' Loan Act to accelerate the effective date by which savings associations may engage in certain affiliate transactions permitted for banks. Title II: Non-Supervisory Reforms - Subtitle A: Expedited Funds Availability and Electronic Transfers - Amends the Expedited Funds Availability Act to eliminate next-day availability schedules for checks drawn on and deposited at an automated teller machine of the same depository institution. Makes the availability schedule for new accounts applicable during the 90-day (currently 30-day) period beginning on the date the account is established. Authorizes the Board of Governors of the Federal Reserve System (the Federal Reserve Board) to establish rules imposing liability and allocating risk of loss among depository institutions and other entities participating in the payments system, including the States and political subdivisions on which checks are drawn. Subtitle B: Amendments to the Truth in Lending Act - Amends the Truth in Lending Act to: (1) exempt from its purview credit transactions involving consumers whose income or net worth exceeds specified thresholds; and (2) prohibit the recovery of punitive damages. Subtitle C: Homeownership Amendments - Amends the Real Estate Settlement Procedures Act of 1974 to exempt lenders who finance the purchase of residential real estate from requirements to provide certain information booklets to borrowers if the lender denies the loan application within three business days after it is received. Amends the Home Mortgage Disclosure Act of 1975 to index the asset size of depository institutions exempt from the Act to increases in the Consumer Price Index. Amends the Competitive Equality Banking Act of 1987 to apply the definition of "adjustable rate mortgage loan" with respect to the interest rate cap to consumer loans only. Prohibits an appropriate Federal banking agency from requiring any depository institution to engage in Fair Housing Act data collection activities if such activities are already required under the Home Mortgage Disclosure Act of 1975. Subtitle D: Amendments to the Truth in Savings Act - Amends the Truth in Savings Act to direct the Federal Reserve to exempt certain broadcast, electronic, or outdoor advertisements from interest-rate disclosure requirements, as well as (at the Board's discretion) interest rate notice boards on the premises of an institution. Authorizes the Board to exempt or modify certain disclosure requirements with respect to specified accounts and interest rates. Limits the civil liability of a depository institution to an accountholder to the actual damages sustained. Subtitle E: Expedited Procedures for Bank Holding Companies - Amends the Bank Holding Company Act to set forth expedited procedures by which banks may reorganize into bank holding companies. Amends the Securities Act of 1933 to: (1) reflect such expedited procedures; and (2) prescribe expedited procedures for bank holding companies to seek approval to engage in nonbanking activities. Amends the Bank Holding Company Act of 1956 and the Federal Deposit Insurance Act to permit, with the concurrence of the Attorney General, the reduction to five days of the post-approval waiting period for bank holding company acquisitions and bank mergers.
Bill· HRH.R. 5517 (102nd)open
United States · United States Congress · 1 July 1992
Title I: Fiscal Year 1993 Appropriations - District of Columbia Appropriations Act, 1993 - Appropriates funds to the District of Columbia for FY 1993 for: (1) the Federal payment to the District of Columbia; (2) the Federal contribution to retirement funds; (3) the Federal contribution for crime and youth initiatives; (4) expenses incurred in connection with presidential inauguration activities; (5) the Metropolitan Police Department; (6) the Federal contribution to the Board of Education; (7) the District of Columbia Institute for Mental Health; and (8) the Children's National Medical Center for a cost-shared National Child Protection Center. Appropriates specified sums out of the District of Columbia general fund for the current fiscal year for: (1) governmental direction and support; (2) economic development and regulation; (3) public safety and justice; (4) public education; (5) human support services; (6) public works; (7) the Washington Convention Center Fund; (8) repayments of specified loans and interest; (9) repayment of the general fund deficit; (10) employees' optical and dental benefits; (11) inaugural expenses; (12) the rental and leasing of facilities for governmental purposes; (13) furlough adjustments; (14) within-grade salary adjustments; (15) capital outlay; (16) the Water and Sewer Enterprise Fund and water construction projects; (17) the Lottery and Charitable Games Enterprise Fund; (18) the Cable Television Enterprise Fund; and (19) the Starplex Fund. Requires the District of Columbia to operate and maintain a telephone hotline for Lorton-area residents to receive information concerning escapes, fires, and riots at Lorton prison. Sets forth certain uses of and restrictions on the expenditure of appropriations made by this Act. Prohibits the use of funds for: (1) activities which permit or encourage partisan political activities; (2) the salary of any District of Columbia government employee whose name, title, grade, salary, or work and salary history are not available for inspection by specified congressional committees and the District of Columbia Council, or whose name and salary are not available for public inspection; (3) publicity or propaganda purposes; (4) abortions, except where the life of the mother would be endangered if the fetus were carried to term; (5) reprogramming, unless the reprogramming was approved according to specified procedures; or (6) the operation, after June 1, 1993, of the Cedar Knoll Facility. Requires that the annual budget for the District of Columbia government for FY 1994 be transmitted to the Congress by April 15, 1993. Requires the Mayor to develop an annual plan for capital outlay borrowings. Prohibits the Mayor from: (1) borrowing funds for capital projects without the prior approval of the District of Columbia Council; or (2) using money borrowed for capital projects for operating expenses of the District of Columbia government. Directs the Mayor to submit to the D.C. Council, within 30 days after the end of the first quarter of FY 1993, the FY 1993 revenue estimates. Amends the District of Columbia Self-Government and Governmental Reorganization Act to extend, for one year, the District's authority to sell its general obligation bonds through negotiated sales. Prohibits the renewal or extension of any sole source contract with the District of Columbia government without opening that contract to the competitive bidding process, subject to exception. Requires any sequestration order under the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) to be applied to each account appropriating Federal funds in this Act (rather than to the aggregate total of those accounts) which is not specifically exempted from sequestration by specified Federal law. Provides for repayment to the Federal Treasury of any amounts appropriated and paid to the District of Columbia before a sequestration order is issued, applying the sequestration percentage proportionately to each account not specifically exempted from sequestration. Requires the District of Columbia to pay interest on its quarterly payments to the United States that are made more than 60 days after its receipt of an itemized statement from the Federal Bureau of Prisons of amounts due for housing D.C. convicts in Federal penitentiaries. Authorizes an entity of the District of Columbia government to accept and use a gift or donation during FY 1993 if: (1) the Mayor approves; and (2) the entity uses such gift or donation to carry out its authorized functions or duties. Requires the entity to keep accurate and detailed records of acceptance and use of any gift or donation and to make them available for audit and public inspection. Authorizes the Board of Education to accept gifts to the public schools without prior approval by the Mayor. Prohibits the use of funds under any Act to issue or renew a registration certificate or identification tag for any motor vehicle if unpaid fines for traffic violations are outstanding against any registered owner (or authorized user) of the vehicle. Provides for waivers of such prohibition, subject to certain conditions. Prohibits the use of funds under this Act to impose, collect, transfer, or enforce a payment in lieu of taxes on the Water and Sewer Utility Administration that would increase payments in Maryland or Virginia under the Blue Plains Intermunicipal Agreement of 1985. Title II: Fiscal Year 1992 Supplemental District of Columbia Funds - District of Columbia Supplemental Appropriations and Rescissions Act, 1992 - Makes supplemental appropriations (including rescissions in certain cases) to the District of Columbia for FY 1992 for: (1) governmental direction and support; (2) economic development and regulation; (3) public safety and justice; (4) public education; (5) human support services; (6) repayment of the general fund deficit; (7) resizing; (8) the rental and leasing of facilities for governmental purposes; (9) capital outlay; (10) the Water and Sewer Enterprise Fund; and (11) the Starplex Fund. Rescinds specified FY 1992 funds earmarked for public works, the Washington Convention Center Fund, and repayment of certain loans and interest.
Bill· HRH.R. 5514 (102nd)referred
United States · United States Congress · 30 June 1992
Health Choice Act of 1992 - Title I: Eligibility and Choice of Plan - Entitles each individual to benefits if they are: (1) a U.S. resident and either a citizen, national, or lawful resident alien; and (2) neither a beneficiary under title XVIII (Medicare) of the Social Security Act nor an active armed forces member. Phases in benefits over six years, phase one for prenatal and delivery services and services for children under six, phase two for individuals under 22 and individuals between 60 and 65, and phase three for all eligible individuals. Requires: (1) residents of a State to choose benefits under any arrangement provided by their State's plan; and (2) nonresidents to choose either an employment-based, managed care, or fee-for-service plan. Allows collective bargaining agreements to specify the plan in which the individual must enroll. Mandates distribution of materials and a toll-free telephone number regarding plan choice. Title II: Benefits - Subtitle A: Services - Includes in "basic health services:" (1) clinical preventive services; (2) physicians' services, rural health clinic services, and Federally qualified health center services; (3) hospital services; (4) post-hospital skilled nursing facility services; (5) part-time or intermittent home health services; (6) hospice care; (7) covered outpatient drugs; and (8) other medical and health services as defined by the National Health Board established by this Act. Considers services reasonable and necessary only if they would be so considered under Medicare and requires review of any national coverage determination to be made as under Medicare. Applies certain Medicare exclusions to this title. Subtitle B: Cost-Sharing - Part 1: General Requirements - Mandates certain deductibles for general services, inpatient services, and prescription drugs. Allows a Health Choice plan to require copayments and limited coinsurance. Prohibits deductibles or coinsurance for clinical preventive services. Mandates cost-sharing rules for capitated plans and special payment methodologies. Allows certain cost-sharing for restricted provider managed care plans. Prohibits premiums for basic health services. Part 2: Reduction in Cost-Sharing for Low-Income Individuals - Reduces deductibles for certain low income individuals. Provides for advance and retroactive cost-sharing assistance and for help in completing assistance applications. Mandates reconciliation of advance assistance with actual income. Considers an individual or family that has been determined eligible for aid under specified provisions of parts A (Aid to Families with Dependent Children) and E (Foster Care and Adoption Assistance) of title IV or Supplemental Security Income benefits of the Social Security Act to have an adjusted total income below the poverty line. Title III: Requirements for Health Choice Plans - Subtitle A: Qualified State Health Insurance Plans - Requires each qualified State health insurance plan to enroll each eligible State resident, except for an individual enrolled in a qualified multi-state employment-based health plan. Mandates health care fraud and abuse measures. Subtitle B: Qualified Employment-Based Health Plans - Requires that a qualified employment-based health plan (EBHP) specify its eligibility basis. Allows the plan to group individuals into classifications based on factors determined by the Board. Prohibits enrollment denial within a classification or on the basis of health status or use of health services. Declares that an EBHP is a multi-state plan if the percentage of individuals from one State does not exceed a level set by the Board. Subtitle C: Qualified Managed Care Plans - Specifies certain requirements for a restricted provider managed care plan, including a prohibition of expulsion on the basis of health status or use of health services, continuation of coverage if the plan terminates, and coverage of out-of-plan services. Subtitle D: Fee-for-Service Choice Plan - Requires the Board to operate a fee-for-service choice plan (Choice Plan) providing basic health services through any willing provider. Makes Medicare beneficiaries, notwithstanding other provisions of this Act, eligible for clinical preventive services under a Choice Plan. Applies certain provisions of the Social Security Act relating to: (1) withholding of payments for certain Medicaid providers to this subtitle; and (2) physician referrals to referrals for clinical laboratory services under the Choice Plan. Requires the determination of the amount, scope, and duration of Choice Plan benefits to be made by the Board. Subtitle E: Plan Requirements and Related Provisions - Part 1: Requirements Applicable to Health Choice Plans Generally - Requires each Health Choice plan to provide for at least all basic health services. Prohibits pre-existing condition exclusions. Requires that enrollment of an individual in a Health Choice include enrollment of that individual's family members. Provides for coordination and portability of coverage under qualified plans. Prohibits a Health Choice plan from paying for basic health services unless the provider is qualified to have payment made. Provides for the qualification of hospitals, physicians, other providers and suppliers, and Indian health service facilities, applying certain Medicare provisions. Requires risk management programs. Allows fee-for-service and capitated plans to restrict coverage through utilization review programs meeting standards set by the Board. Prohibits a Health Choice plan from operating a physician incentive plan (providing compensation or other financial arrangements that may reduce services) unless certain Medicare requirements are met. Protects individuals from liability to providers if a plan fails to make payments for basic health services. Requires each plan to coordinate benefits with low-income assistance under title II of this Act. Mandates quality assurance mechanisms, measures to control fraud and abuse, transmission of information regarding outcomes and expenditures, and the use of unique provider and individual identifiers and uniform plan cards. Applies certain Medicare provisions (relating to offset of payments to individuals to collect past-due obligations from a breach of scholarship and loan contracts) to this title. Requires, after complete phase-in of benefits, fee-for-service claims to be submitted electronically. Requires each plan to maintain written policies and procedures regarding advance directives, as defined in specified Medicare provisions. Part 2: Requirements and Other Applicable Provisions for Capitated Plans - Provides for the approval of State, employment-based, and managed care plans. Sets forth minimum enrollment levels for employment-related and managed care plans. Prohibits a capitated plan that has enrolled an individual from denying enrollment to the individual's family. Allows geographic limitations for State and managed care plans. Provides for the setting and calculation of payment amounts for capitated plans. Requires each capitated plan: (1) except for employment-based plans, to make certain disclosures, including regarding comparing benefits and cost-sharing to fee-for-service plans, describing pre-existing condition limitations, describing provider limits, and disclosing the availability of low-income assistance; (2) to provide grievance and appeals procedures; and (3) to establish insolvency protection. Provides for enforcement of capitated plan requirements through civil monetary penalties, suspension of enrollment, termination of approval, and intermediate sanctions. Requires capitated plans to disclose certain information to the Board. Part 3: Preemption of State Laws - Prohibits State laws and regulations: (1) requiring the offering, as part of a managed care plan or an employment-based plan, of any services; (2) specifying the individuals to be covered under such a plan or the duration of coverage; or (3) requiring a right of conversion from such a plan to an individual plan. Prohibits a State from prohibiting or regulating: (1) a managed care plan meeting the requirements of subtitle C from taking specified actions; or (2) utilization review programs meeting the requirements of specified provisions of this Act. Title IV: Cost Containment - Subtitle A: Basic Health Services - Part 1: Establishment of National Limits on Health Care Spending - Requires the Board to: (1) annually monitor nonmedicare and medicare expenditures and, if expenditures exceed allocations, reduce allocations for specified expenditures in the second succeeding year; (2) determine, according to a specified formula, overall nonmedicare and Medicare spending amounts; and (3) apportion nonmedicare spending among the States according to the number of eligible residents, adjusted to reflect certain risk factors, cost differences outside the control of providers, and other considerations the Board deems appropriate. Requires: (1) the Board to publish, for nonmedicare and Medicare spending, allocations among the classes of services; (2) the nonmedicare allocations to be reduced to account for individuals in capitated plans; and (3) a reduction in the allocation to that class for the second succeeding year after expenditures exceed the allocation. Allows the Congress, by enacting a law by a specified date in any year, to change the amounts, apportionments, allocations, or reductions set by the Board. Prohibits administrative or judicial review of: (1) the spending, apportionments, or allocations; (2) exceptions under specified provisions; or (3) payment amounts negotiated, payment methodologies used, or payment amounts established under parts 2 or 3. Part 2: Development of Negotiated Payment Amounts for Basic Health Services Under Fee-for-Service Choice Plan and the Medicare Program - Provides for negotiation of payment amounts, including Board approval of recommended negotiated amounts. Part 3: Establishment of Payment Amounts If Negotiated Amounts Not Approved - Provides, if there are no (or unsuccessful) negotiations, for establishment by the Board of the amounts. Specifies the basis for nonmedicare payment amounts. Part 4: Application of Payment Amounts - Makes the negotiated amounts (or the amounts established by the Board) in a State the payment amounts for the State under the fee-for-service plan. Makes the negotiated amounts, if approved by the Board, the basis for Medicare payments. Reduces Medicare payments, if the negotiated amounts are not approved by the Board, by a uniform factor as necessary to keep expenditures from exceeding allocations. Subtitle B: Promotion of Primary Care Services through Changes in Graduate Medical Education - Requires the Board to establish incentives for training needed personnel. Authorizes: (1) payment of additional amounts to particularly successful training programs; and (2) elimination or reduction of payments to hospitals and medical residency programs not meeting needs. Subtitle C: Administrative Savings - Mandates: (1) uniform claims forms; and (2) standards for electronic billing. Title V: Control Over Fraud and Abuse - Amends title XI (General Provisions and Professional Standards Review) of the Social Security Act to add references to Health Choice plans to specified provisions: (1) mandating or permitting exclusion of certain individuals from participation in Medicare; (2) mandating civil monetary penalties; and (3) mandating criminal penalties. Directs the Secretary of Health and Human Services, through the Inspector General, to establish a national data base containing information n health care fraud and abuse, including the identify of providers subjected to certain actions. Requires: (1) each Health Choice plan to report to and query the data base; and (2) coordination with a specified malpractice data base. Provides for confidentiality. Requires each State to maintain a health care fraud and abuse control unit. Allows a unit described in title XIX (Medicaid) of the Social Security Act to meet this requirement. Provides for the structure, functions, and resources of the unit. Requires cooperative agreements between the unit and similar units in other States, the Inspector General, and the U.S. Attorney General. Mandates the assignment and use of unique provider identifiers and unique patient identifiers. Title VI: Administration of Health Choice Program; Health Choice Trust Fund; Quality Assessment - Subtitle A: Administration - Establishes: (1) as an independent agency in the Government, the National Health Board; and (2) the National Advisory Council on Health Policy. Authorizes appropriations from the Health Choice Trust Fund for the Board and the Council. Subtitle B: Health Choice Trust Fund - Creates in the Treasury the Health Choice Trust Fund (Fund), consisting of: (1) taxes resulting from the value added tax and the health excise tax on employers imposed by this title; and (2) State contributions under this title. Requires the Fund to be managed by the Board. Authorizes the issuance of public debt obligations for purchase by the Fund. Excludes Board receipts and disbursements from U.S. budget totals. Provides for the treatment of the Board with regard to the Balanced Budget and Emergency Deficit Control Act of 1985. Transfers from the Fund to the Federal Hospital Insurance Trust Fund and the Federal Supplementary Medical Insurance Trust Fund (Trust Funds) amounts equal to the benefits and administrative costs payable from such Trust Funds as a result of specified provisions of this Act. Provides for the treatment of amounts owed to the Board or the Fund in bankruptcy and reorganization proceedings. Mandates transfers from the Fund to the Agency for Health Care Policy and Research to carry out provisions of the Public Health Service Act relating to that Agency. Requires that expenditures be made from the Fund for grants under title X of this Act relating to: (1) primary care centers and public health clinics serving medically underserved populations; and (2) specialized screening, diagnostic, and treatment services for children. Mandates expenditures from the Fund for demonstration projects under part 2 of subtitle D (relating to medical malpractice). Requires a set-asides of Fund expenditures to: (1) assure adequate support in the administration of the fee-for-service choice plan; and (2) expand the Inspector General's capacity to carry out title V (Control Over Fraud and Abuse). Subtitle C: Miscellaneous - Requires the Board to assess service quality under Health Choice plans, monitor the health status of individuals in the United States, and compile information regarding the appropriateness and quality of services under such plans to provide for a more informed choice in the selection among the plans. Amends provisions of the Social Security Act relating to outcomes research to require that the needs and priorities of the Health Choice program are reflected in the development and updating of treatment- or condition-specific practice guidelines in specified forms. Authorizes demonstration projects to improve service delivery and quality and to increase payment efficiency and effectiveness. Requires project funding to come from the Fund. Mandates reports on: (1) the impact of this Act in meeting goals in "Healthy People, 2000;" (2) consolidating Medicare and other Federal health benefit programs with the Health Choice program; and (3) the impact of this Act on facilities recognized as centers of medical excellence. Subtitle D: Resolution of Medical Malpractice Claims Relating to Health Choice Program - Part 1: Resolution of Claims - Applies this subtitle to any medical malpractice claim in any Federal or State court relating to Health Choice plan services except for a vaccine-related injury or death or to the extent that title XXI (Vaccines) of the Public Health Service Act applies. Preempts differing State laws. Mandates the development of practice guidelines for basic health services and requires that any such guideline serve as the standard of care for the resolution of medical malpractice claims. Requires regulations establishing: (1) factors commonly considered in calculating malpractice economic damages; and (2) a methodology for standardizing the costs or value associated with the factors. Makes the list and methodology admissible. Requires annual compilation of information on damage awards and categorization so as to assist triers of fact in calculating damages. Provides, when a damage award is over a specified amount, for periodic damage payments, imposes a limit on any single payment, and prohibits certain payments after the plaintiff's death. Reduces damages by the amount of collateral source payments, except for payments under title III or Medicare. Mandates development of a methodology for assisting parties in quantifying the dollar value of non-economic harm. Requires: (1) 50 percent of any punitive damages to be awarded to the State for activities to prevent medical injuries or to the State health professional licensing agency; and (2) a reduction in punitive damages by the amount of any plaintiff's attorney's fees owed. Limits the application of these requirements in States limiting malpractice award amounts. Limits attorney's fees. Part 2: Demonstration Projects, Studies, Etc. - Mandates grants for four-year demonstration projects for model administrative systems for the final resolution of all medical malpractice claims through a non-judicial process. Sets forth system requirements. Waives conflicting State laws. Requires designation of a list of medical procedures as generally preventable medical outcomes designated to be compensable in advance of the initiation of a medical malpractice claim (accelerated compensation events). Mandates research relating to the prevention of medical injuries. Requires each State to use all fees paid to the State for licensing, certification, or accreditation of health practitioners to conduct disciplinary and educational activities. Mandates a study on the impact of part 1 on specified matters. Requires an annual report on medical malpractice premiums, including geographic differences. Title VII: Medicare Benefit Improvement - Amends Medicare provisions to remove the limit on the number of inpatient hospital days covered. Revises requirements regarding inpatient hospital deductibles and eliminates references to inpatient hospital coinsurance. Modifies inpatient psychiatric hospital coverage and payments for emergency hospital services. Defines "covered outpatient drug" and specifies exclusions. Provides for determination of the payment amount for such drugs according to specified formulas. Declares that the deductible shall be the deductible under specified provisions of title II of this Act. Sets the coinsurance percentage, certain payment limits, and administrative allowances. Mandates a program to identify (and educate physicians and pharmacists concerning): (1) inappropriate prescribing and dispensing practices; (2) substandard care with respect to such drugs; and (3) potential adverse reactions. Requires related standards. Provides for the treatment of certain prepaid organizations with regard to prescription drugs, including with regard to drug buy-out plans. Requires development and annual updating and dissemination of an information guide for physicians comparing average wholesale prices of at least 500 of the most commonly prescribed covered outpatient drugs. Provides for participation agreements between pharmacies and the Secretary with specified minimum contents. Directs the Secretary to: (1) provide such electronic equipment and technical assistance as necessary for electronic claims submission by pharmacies; and (2) a point-of-sale electronic system for use by carriers and participating pharmacies in the submission of information on covered drugs dispensed to Medicare beneficiaries. Allows payment for such drugs to be made on the basis of an assignment only to a participating pharmacy. Imposes civil monetary penalties for violation of a participation agreement, excessive charges, or failure to provide certain information. Provides for limits on the length of time covered by a prescription. Amends provisions relating to the use of carriers for administration of benefits to set forth requirements applicable to carriers that make determinations or payments regarding covered outpatient drugs. Allows payment for the operation of the electronic claims system. Mandates interest on late payments by the system. Sets forth special rules for health maintenance organizations and competitive medical plans. Regulates the amount a provider may charge. Requires the Director of the Congressional Office of Technology Assessment to provide for the appointment of a Prescription Drug Payment Review Commission. Requires the Commission to report annually to the Congress on methods of determining payment for covered outpatient drugs under Medicare part B. Authorizes appropriations, payable from the Federal Supplementary Medical Insurance Trust Fund. Mandates studies on: (1) including experimental drugs and biological products as Medicare covered outpatient drugs; (2) use of mail pharmacies to reduce costs to Medicare and Medicare beneficiaries; (3) improving utilization review of covered outpatient drugs; (4) the use, studied on a longitudinal basis, of outpatient prescription drugs by Medicare beneficiaries regarding medical necessity, adverse interactions, cost, and patient stockpiling or wastage; (5) average wholesale prices as compared to actual pharmacy acquisition costs; (6) retail pharmacy overhead costs; and (7) discounts by pharmacies to other third-party insurers. Mandates a standard Medicare claims form. Adds tetanus-diphtheria boosters and their administration to the Medicare definition of "medical and other health services." Allows screening mammographies for women over 64 years old 11 (currently, 23) months after a previous screening. Modifies requirements regarding the frequency of screening pap smears. Eliminates certain Medicare cost-sharing requirements after out-of-pocket cost-sharing equals an amount specified under title II of this Act. Imposes other cost-sharing limits. Provides for the inpatient hospital deductible when phase two of this Act becomes effective. Removes provisions relating to: (1) the amount of premiums for individuals enrolled under Medicare part B (Supplementary Medical Insurance); and (2) payment of such premiums. Modifies requirements regarding: (1) the determination of the amount of monthly premiums for certain individuals; and (2) appropriations to cover Government contributions to the Federal Supplementary Medical Insurance Trust Fund and the associated contingency reserve. Amends title II (Old Age, Survivors, and Disability Insurance (OASDI)) provisions of the Social Security Act relating to entitlement to hospital insurance benefits to entitle every individual over age 64 to hospital insurance benefits under Medicare part A (Hospital Insurance). (Current law imposes certain conditions on such entitlement.) Removes provisions relating to the determination of certain monthly Medicare premiums to be paid by the State. Removes provisions allowing payment on the basis of an itemized bill. (Current law allows payment on the basis of an itemized bill or on the basis of an assignment.) Revises requirements regarding refunds of amounts billed on an unassigned basis. Subjects Medicare expenditures to reductions to assure that they do not exceed the allocation for the class of services involved under this Act. Allows a group health plan that is a qualified employment-based health plan under title III of this Act to take into account that an individual is eligible for Medicare benefits if the individual is: (1) a working aged individual, a disabled active individual in a large group health plan, or an individual with end stage renal disease; and (2) not an eligible individual under this Act. Appropriates to the Federal Hospital Insurance Trust Fund and the Federal Supplementary Medical Insurance Trust Fund from the Health Choice Trust Fund amounts equal to the benefits and administrative expenses that result from the amendments made by subtitle A of title VIII of this Act. Title VIII: Medicaid - Amends Medicaid provisions to prohibit payments to States (and declare that a State is not required to make payments) for basic health services for which payment is made under Medicare or this Act. Title IX: Financing - Subtitle A: Value Added Tax - Amends the Internal Revenue Code to impose a tax on each taxable transaction, defined as being, in connection with a business, the sale of property in the United States, the performance of services in the United States, and the importing of property into the United States. Includes in the imposition of the tax any sale or leasing of real property and any importing of property, whether or not in connection with a business. Declares that the taxable amount is the price charged for the property or service or, in the case of exchanges, the fair market value. Sets a zero tax rate for: (1) food, housing (as a primary residence), and medical care, applying the zero rating to all transactions after such items become clearly identifiable as items to which the zero rating will apply; (2) sales to governmental entities; and (3) the providing by a governmental entity of property and services in connection with education. Taxes sales by a governmental entity only if there is a separate charge or fee. Sets a zero rate for transactions engaged in by certain charitable (section 501(c)(3)) organizations unless the organization imposes a charge or fee for the service. Allows a tax credit for the aggregate tax which has been paid by sellers to the taxpayer of property and services which the taxpayer uses in the business to which the transaction relates. Provides for the treatment of excess credit as an overpayment of tax. Makes the seller liable for the tax. Requires the seller to give the purchaser a tax invoice. Allows a person whose aggregate taxable transactions (except for transactions involving real property or importing) are under $20,000 to elect to be treated as a nontaxable person. Allows a tax credit for low income individuals. Subtitle B: Employer Contribution - Imposes an excise tax on every employer on a percentage of wages paid, specifying a higher percentage for those employers contributing to any employee medical care plan. Imposes a tax on self-employment income. Imposes similar taxes through provisions relating to railroads. Subtitle C: State Medicaid Contribution - Requires each State, as a requirement for receiving its Federal Medicaid payment, to pay to the Health Choice Trust Fund any excess of Medicaid payment to the State that would have been made (if this Act had not been in effect) for basic health services under subtitle A of title II of this Act over the Medicaid payment actually made for such service. Title X: Expansion of Primary Care and Public Health Delivery Capacity in Meeting Health Objectives - Amends the Public Health Service Act to authorize appropriations for programs relating to: (1) vaccinations; (2) the prevention and control of tuberculosis, lead poisoning, or sexually transmitted diseases; (3) migrant and community health centers; (4) health services for the homeless and for residents of public housing; (5) family planning; and (6) early intervention services for individuals with HIV disease. Mandates grants (from Health Choice Trust Funds set aside under title VI of this Act) to plan and develop primary care centers and public health clinics for medically underserved populations, allowing grant funds to be used as under provisions of the Public Health Service Act relating to community health centers. Defines a primary care center to mean a migrant or community health center or an entity qualified to receive a grant under provisions relating to health services for the homeless, health services for residents of public housing, family planning services, or early intervention services for individuals with HIV disease. Defines a public health clinic to mean an entity qualified to receive a grant under provisions relating to vaccinations or the prevention and control of tuberculosis, lead poisoning, or sexually transmitted diseases. Mandates grants (from Health Choice Trust Funds set aside under title VI of this Act) for specialized screening, diagnostic, and treatment services to children under 22 years old. Title XI: Reform of Health Insurance Market - Declares that Medicare provisions relating to the revision of National Association of Insurance Commissioners standards regarding Medicare supplemental policies apply in the case of the changes in Medicare benefits made by title VIII. Requires the Board to promulgate standards relating to health insurance policies offered to supplement the Health Choice program. Prohibits the sale or issue of any nonconforming policy, prescribing civil monetary penalties. Repeals specified provisions of the Internal Revenue Code, the Employee Retirement Income Security Act of 1974, and the Public Health Service Act relating to continuation coverage.
Bill· SS. 2907 (102nd)open
United States · United States Congress · 29 June 1992
National Flood Insurance Reform Act of 1992 - Subtitle A: Definitions - Defines specified terms under the Flood Disaster Protection Act of 1973 and the National Flood Insurance Act of 1968. Subtitle B: Compliance and Increased Participation - Amends the Flood Disaster Protection Act of 1973 to prohibit the waiver of current mandatory flood purchase insurance requirements with respect to financial assistance for property in a flood hazard area. Expands flood insurance purchase requirements. Requires lenders to review outstanding loans to determine whether they are in compliance with mandatory flood insurance purchase requirements. Authorizes lenders to charge borrowers a fee for such service. Exempts lenders from such requirement who have a specified accuracy for flood hazard determinations for outstanding loans, or who have conducted satisfactory loan reviews, or have regularly provided for escrow of flood insurance premiums. Requires residential real estate lenders to establish flood insurance premium escrow accounts. Imposes a fine for lenders failing to require flood insurance or to give proper notice under the National Flood Insurance Act of 1968. Requires the seller-transferor of a residential-secured loan in a flood hazard area to so notify the purchaser-transferee unless a flood hazard determination has been made within the previous five years. Revises flood insurance notice requirements. Amends the National Flood Insurance Act of 1968 to require the development of a standard hazard determination form. Amends the Federal Financial Institutions Examinations Council Act of 1978 to direct the Financial Examinations Council to coordinate with Federal entities for lending regulation to develop uniform lender standards. Subtitle C: Ratings and Incentives for Community Floodplain Management Programs - Amends the National Flood Insurance Act of 1968 to provide for a community rating system and premium rate incentives for community floodplain management. Provides program funding. Subtitle D: Mitigation of Flood and Erosion Risks - Amends the Housing and Urban Development Act of 1968 to establish an Office of Mitigation Assistance to carry out flood and coastal erosion mitigation activities under the Federal Insurance Administrator. Amends the National Flood Insurance Act of 1968 to make mitigation assistance grants available to eligible States and communities. Includes among eligible grant activities property elevation, relocation, flood-proofing, and acquisition. Authorizes mitigation activity technical assistance. Sets forth: (1) assistance limits; and (2) matching requirements. Establishes in the Treasury the National Flood Mitigation Fund to be available for such mitigation assistance grants. Provides for an insurance premium mitigation surcharge to be paid into such Fund. Authorizes a mitigation transition pilot program to be carried out through the Office of Mitigation Assistance. Repeals (with a transition period) the current program for the purchase of certain insured properties. Establishes a program to reduce coastal erosion hazards. Provides for community and erosion hazard identification and publication. Establishes a specified premium increase for flood and erosion dual risk hazard areas located in non-Community Rating System communities. Limits flood insurance availability for properties in erosion hazard areas. Repeals (with a transition period) current claims provisions for iminent collapse and subsidence through flood insurance claims. Requires the Director (Director) of the Federal Emergency Management Agency to conduct a riverine erosion study. Requires the Director to coordinate coastal zone management programs with the Under Secretary of Commerce for Oceans and Atmosphere and with the States. Subtitle E: Flood Insurance Task Force - Establishes a two-year interagency Flood Insurance Task Force which shall: (1) develop standardized flood insurance enforcement procedures and guidelines; (2) conduct a study of the extent to which the secondary mortgage market can assist enforcement; and (3) conduct a study of the extent to which existing Federal and corporate flood insurance programs can serve as a model for other Federal compliance agencies. States that the Under Secretary for Oceans and Atmosphere, the Director of the United States Fish and Wildlife Service, and the Administrator of the Environmental Protection Agency shall constitute a select subcommittee dealing with floodplain functions and protection. Subtitle F: Miscellaneous Provisions - Amends the National Flood Insurance Act of 1968 to: (1) increase flood insurance coverage amounts for nonresidential, single family, and multifamily structures; (2) permit flood insurance private sector participation; and (3) require at least every five years an assessment (and revision if necessary) of flood insurance maps. Permits use of the national flood insurance fund for revising floodplain areas, flood-risk zones, and erosion-hazard areas. Requires the Director to conduct studies of: (1) construction of certain agricultural buildings to minimize flood damage; and (2) increased insurance coverages for flood damage repair costs. Requires the Chairman of the President's Council on Environmental Quality to submit a floodplain management report to the President and to the Congress.
Law· HRH.R. 5504 (102nd)enacted
United States · United States Congress · 29 June 1992
Department of Defense Appropriations Act, 1993 - Title I: Military Personnel - Appropriates funds for FY 1993 for military and reserve personnel in the Army, Navy, Marine Corps, and Air Force and for National Guard personnel in the Army and Air Force. Title II: Operation and Maintenance - Appropriates funds for FY 1993 for the operation and maintenance of the Army, Navy (including a transfer of funds), Marine Corps, Air Force, the defense agencies, the respective reserve components, and the Army and Air National Guards. Appropriates funds for the Army's National Board for the Promotion of Rifle Practice, the Court of Military Appeals, environmental restoration (including a transfer of funds), humanitarian assistance, support and services for the World University Games, the 1996 Summer Olympics, the 1994 World Cup USA, and for real property maintenance, defense. Title III: Procurement - Appropriates funds for FY 1993 for the procurement by the Army of aircraft, missiles, weapons, tracked combat vehicles, and ammunition and for other procurement. Appropriates funds to the Navy for the procurement of aircraft, weapons, and shipbuilding and conversion (including a transfer of funds) and for other procurement. Appropriates funds for Marine Corps procurement. Appropriates funds for procurement by the Air Force of aircraft and missiles and for other procurement. Appropriates funds for: (1) National Guard and Reserve equipment; (2) procurement by the defense agencies; and (3) Defense Production Act purchases. Title IV: Research, Development, Test, and Evaluation - Appropriates funds for FY 1993 for research, development, test, and evaluation by the Army, Navy, Air Force, and defense agencies. Appropriates funds for the Deputy Director of Defense Research and Engineering (Test and Evaluation) and the Director, Operational Test and Evaluation. Title V: Revolving and Management Funds - Appropriates funds for the Defense Business Operations Fund. Title VI: Other Department of Defense Programs - Appropriates funds for: (1) medical and health care programs of the Department of Defense (DOD); (2) the destruction of lethal chemical agents and munitions; (3) drug interdiction and counter-drug activities, defense (including a transfer of funds); and (4) expenses and activities of the Office of the Inspector General in carrying out the Inspector General Act of 1978. Title VII: Related Agencies - Appropriates funds for: (1) the Central Intelligence Agency Retirement and Disability System Fund; and (2) the Edward R. Roybal Foundation (including a transfer of funds). Title VIII: Defense Reinvestment for Economic Growth - Earmarks funds appropriated in this Act for defense reinvestment programs as authorized by the National Defense Authorization Act for Fiscal Year 1993. Title IX: General Provisions - Prohibits the use of appropriations for unauthorized publicity or propaganda. Exempts during FY 1992 DOD personnel from provisions of law prohibiting the employment of non-U.S. citizens. Provides that no part of any appropriation contained in this Act may remain available for obligation beyond the current fiscal year, unless expressly so provided. Prohibits the obligation of more than 20 percent of the funds appropriated by this Act during the last two months of the fiscal year, except as specified. Prohibits the use of appropriations for the procurement of any food, clothing, specified cloth (including cotton, silk, and wool) or synthetic fabrics, or specified metals not grown, produced, or processed within the United States, with specified exceptions. Authorizes the Secretary of Defense, in the national interest and with the approval of the Office of Management and Budget (OMB), to transfer and merge specified working capital funds. Directs the Secretary to notify the Congress of all such transfers. Limits the cash balances which may be maintained in such funds. Authorizes the Secretary of the Air Force to use any available funds to implement cost-effective agreements for required heating facility modernization in the Kaiserslautern Military Community in the Federal Republic of Germany, under certain conditions. Prohibits the use of appropriated funds for: (1) the initiation of a special access program without prior notification to the Senate and House Appropriations (appropriations) and Armed Services (defense) Committees; (2) the preparation of a request to the appropriations committees for a reprogramming of funds, except as specified; (3) certain claims for physician or provider reimbursement for medical services provided under the Civilian Health and Medical Program of the Uniformed Services (CHAMPUS) in excess of those allowed for FY 1992; (4) programs of the Central Intelligence Agency (CIA) beyond FY 1992, with a specified exception; (5) initiating a multiyear contract that employs economic order quantity procurement in excess of specified amounts, unless proper congressional notification is given; (6) any intelligence or special activity different from an activity previously justified to the Congress unless the Secretary has notified the appropriations committees of the intent to make such funds available; (7) converting certain military technician positions to positions to be held by persons in active Guard or Reserve status if such conversion would reduce the number of military technicians below a specified amount; or (8) including civilian military technicians in any administratively-imposed freeze on civilian positions. Requires governments of Indian tribes to be treated as State and local governments for purposes of the disposition of real property recommended for closure. Eliminates during FY 1993 the requirement that the Congress must authorize by law the end-strengths for civilian personnel in DOD. Prohibits setting any end-strength limitations for such personnel during FY 1993. Prohibits the use of appropriated funds for: (1) congressional lobbying; (2) the pay of certain nonmilitary Army Reserve technicians; and (3) floating storage of petroleum or petroleum products in non-U.S. vessels. Permits the appropriation of funds for humanitarian and civic assistance costs incident to authorized operations of the armed forces. Authorizes the Secretaries of the Army and the Air Force to retain in active status until age 60 certain officers who need such status in order to maintain employment as a National Guard or Reserve technician. Permits the use of operation and maintenance funds provided under this Act for studies and demonstration projects relating to the delivery of military health and medical care. Prohibits the use of funds appropriated by this Act to make contributions to the Department of Defense Education Benefits Fund for educational assistance for a member of the armed forces who enlists for less than three years or receives an enlistment bonus. Prohibits the use of funds appropriated by this Act for the basic pay and allowances of a member of the Army participating as a full-time student and receiving benefits through the Secretary of Veterans Affairs when time spent as a full-time student is credited toward completion of a service commitment. Limits the availability of appropriations to specified percentages of postsecondary educational costs for off-duty training of military personnel. Prohibits the use of appropriated funds for conversion to contractor performance of an activity or function of DOD that is currently performed by more than ten civilian DOD employees until a cost-analysis on such performance is completed and certified to the appropriations committees. Prohibits funds available to DOD from being used to award a competitive procurement contract for any round of 120mm mortar ammunition unless such round has successfully passed certain testing and has a validated technical data package to support its procurement. Prohibits the obligation of funds appropriated in this Act to the Army for the procurement of such mortars or ammunition if manufactured outside the United States. Prohibits the use of appropriated funds for the payment of salaries of any persons who authorize the transfer of unobligated or deobligated funds into the Reserve for Contingencies of the CIA. Requires funds appropriated under this Act for CIA construction projects to remain available until expended. Authorizes the Secretary of the Navy to use specified funds to charter ships for use as auxiliary minesweepers, under specified conditions. Directs DOD to competitively award contracts for the geographical expansion of the CHAMPUS Reform Initiative in Florida, Washington, Oregon, and Alexandria, Louisiana, under specified conditions. Permits the use of appropriated funds to fully utilize the facilities at the U.S. Army Engineer's Waterways Experiment Station, with a specified exception. Prohibits this Act's funds from being used by a military department to modify an aircraft, weapon, ship, or other item of equipment if such item is to be retired or otherwise disposed of within five years after completion of the modification, with specified exceptions. Specifies the definition of "program, project, and activity" for appropriations contained in this Act for purposes of the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act). Earmarks specified funds appropriated to the Army under this Act for the Reserve Component Automation System (RCAS), with certain expenditure limitations. Prohibits the use of appropriated funds for fixed-price contracts exceeding $10,000,000 for the development of a major defense system or subsystem, unless the Under Secretary of Defense for Acquisition and the Secretary of Defense take certain action. Provides that monetary limitations on the purchase price of passenger motor vehicles shall not apply to vehicles purchased for certain intelligence activities. Earmarks specified funds for the construction of classified military projects within the continental United States. Prohibits the use of appropriated funds for the procurement of welded shipboard anchor and mooring chains manufactured outside the United States. Authorizes DOD to transfer prior-year unobligated balances to the operations and maintenance appropriations of the reserve components in order to provide military technician and DOD medical personnel pay and medical programs the same exemption from the Gramm-Rudman-Hollings Act as is currently granted to other military personnel accounts, with specified exceptions. Prohibits any funds available to the Department of the Navy from being used to enter into any contract for the overhaul, repair, or maintenance of any naval vessel on the west coast which includes interport differential charges as a factor for the award of such contract. Prohibits funds appropriated by this Act for CHAMPUS programs from being used to reimburse any health care provider for inpatient mental health services in excess of specified periods (depending on one's age), or for care received when a patient is referred to a provider of such care by a medical or health care professional having an economic interest in the facility to which the patient is referred, with specified exceptions. Requires the designs of specified military aircraft to incorporate certain standard avionics specifications by no later than 1998. Provides for the accounting treatment of expenses incurred by the United States in monitoring Soviet implementation of the INF Treaty. Provides funds from this Act for transportation to an annual meeting in the United States of the next-of-kin of individuals who have been prisoners of war or missing in action from the Vietnam era. Prohibits funds available to the Department of the Navy from being used to implement certain automated data processing or information technology facility consolidation plans or to make reductions or transfers of personnel in connection with such plans until a congressional notification requirement has been met by the Secretary. Prohibits funds from this Act from being obligated or expended to prepare, or to assist any defense contractor in preparing, any material with respect to economic or employment impact in a State of an acquisition program for which all research, development, testing and evaluation has not been completed. Prohibits funds appropriated by this Act from being available for a contract for studies, analyses, or consulting services entered into without competition on the basis of an unsolicited proposal unless the head of the activity responsible for the procurement makes certain determinations with respect to such contract. Prohibits the use of DOD funds under this Act to dispose of specified unserviceable M1 rifles and carbines. Prohibits this Act's funds from being used to pay more than 50 percent of a lump-sum reenlistment bonus. Prohibits this Act's funds from being used to assign a supervisor's title or grade when the number of people he or she supervises is considered as a basis for such determination. Prohibits Navy funds appropriated by this or any other Act from being used to carry out an electromagnetic pulse program in the Chesapeake Bay area in connection with the Electromagnetic Pulse Radiation Environment Simulator for Ships (EMPRESS) program until the Secretary has made certain certifications to the Congress concerning the importance of such program. Limits the funds available for a health care demonstration project regarding chiropractic care required by the Department of Defense Authorization Act, 1985. Prohibits this Act's funds from being used to pay health care providers under CHAMPUS for services determined to be not medically or psychologically necessary. Requires sums for FY 1993 pay raises for programs funded by this Act to be absorbed within the levels appropriated in this Act. Prohibits funds available in this Act from being used for: (1) payments under a DOD contract with the Louisiana State University Medical Center involving the use of cats for wound research; or (2) conducting bone trauma research at the Letterman Army Institute of Research until the Secretary of the Army makes certain certifications. Requires the Secretary to include in any base closure and realignment plan submitted to the Congress a complete review for FY 1992 through 1996 which includes specified information relating to force structures and cost savings after such closure or realignment. Limits the amount of funds to be used for any single relocation of an organization, unit, activity, or function of DOD into or within the National Capital Region. Provides for the waiver of such limitation in certain cases. Directs the Secretary to ensure that at least 50 percent of the Joint Service Missile Mission is in place at the Letterkenny Army Depot by the time that Systems Integration Management Activity and Depot Systems Command are scheduled to relocate to Rock Island Arsenal, Illinois. Prohibits this Act's funds from being used for producing more than two-thirds of the liquid gas requirements in-house at Andersen Air Force Base, Guam. Allows appropriated funds to be used for the pay, allowances, and benefits of Federal or District of Columbia employees who are members of the reserve or National Guard, who perform Federal or military service to enforce the law or provide assistance to civil authorities in the protection or saving of life or property, and who request and are granted leave. Prohibits funds appropriated by this Act from being used to: (1) initiate or continue any cost study pursuant to OMB Circular A-76; or (2) begin closing a military treatment facility unless the Secretary notifies the appropriations committees. Prohibits funds appropriated by this Act for the American Forces Information Service from being used for any national or international political or psychological activities. Prohibits any unobligated balances available during FY 1992 from the National Defense Stockpile Transaction Fund from being obligated or expended to finance any grant or contract to conduct R&D activities for the development or production of advanced materials, unless amounts are specifically appropriated in a subsequent appropriations Act. States as the policy of the United States the opposition to restrictive trades or boycotts fostered or imposed by foreign countries against other countries friendly to the United States or against any other U.S. person. Prohibits any DOD prime contract in excess of the small purchase threshold from being awarded to a foreign person, company, or entity unless such entity certifies to the Secretary that it does not comply with the secondary Arab boycott of Israel. Authorizes the Secretary to waive such certification requirement when necessary in the national security interest, but to notify the Congress quarterly of any contract in which a waiver was granted. Outlines exceptions to the prohibition. Requires all DOD software to be written in the programming language Ada in the absence of a special exemption. Authorizes the Secretary to adjust the wage rates of certain civilian employees hired for certain health care occupations as authorized by the Secretary of Veterans Affairs for the direct care of veterans in the Department of Veterans Affairs. Prohibits funds available to DOD from being used for the training or utilization of psychologists in the prescription of drugs, except upon the findings and recommendations of a specified Army Blue Ribbon Panel. Prohibits this Act's funds from being used to reduce the military or civilian medical and medical support personnel end strength at a base undergoing a partial closure or realignment, where more than one joint command is located, below the September 30, 1991, level. Earmarks funds made available in this Act for the Civil Air Patrol. Prohibits funds appropriated or made available in this Act from being used to reduce or disestablish the operation of the 815th Tactical Airlift Squadron of the Air Force Reserve if such action would reduce the WC-130 weather reconnaissance mission below the levels funded in this Act. Allows withdrawal credits to be made during FY 1992 by the Defense Business Operations Fund to the credit of current applicable appropriations of the DOD activity in connection with the acquisition of supplies that are repairable at a repair depot and that are capitalized into such Fund as the result of certain management changes. Requires, in the use of funds for the procurement of supplies or services appropriated by this Act, that qualified nonprofit agencies for the blind or other severely handicapped be afforded the maximum opportunity to participate as subcontractors and suppliers in the performance of DOD contracts. Provides that small business concerns participating in a subcontracting plan for the participation of small businesses with DOD under the Small Business Act shall be given credit toward meeting the subcontracting goal required under such Act for any purchases made from qualified nonprofit agencies for the blind or other severely handicapped. Establishes under the direction and control of the Attorney General the National Drug Intelligence Center, to coordinate and consolidate drug intelligence from all national security and law enforcement agencies, and produce information regarding the structure, membership, finances, communications, and activities of drug trafficking organizations. Provides funding for the Center from DOD drug interdiction and counter-drug activities appropriations. Authorizes the Navy, during FY 1992, to provide notice to exercise options under the LEASAT program for the next fiscal year. Earmarks specified Navy R&D funds for the V-22 aircraft program. Specifies the manner in which prior-year appropriations for the V-22 program shall be expended. Directs the Secretary to provide the Congress with the total funding plan and schedule to complete the Phase II V-22 full-scale engineering development program. Directs the Secretary to include sufficient funds to complete development, manufacture, and testing of six production representative aircraft under the development program and to produce sufficient V-22 aircraft to meet the operational requirements of the Marine Corps and other services in all DOD future year planning documents and budget estimates. Provides that, during FY 1992, third party payments for health care provided in a military medical facility shall be available for the use of such facility and shall be over and above the facility's direct budget amount. Prohibits funds appropriated in this Act from being used to: (1) procure a Multibeam Sonar Mapping System not manufactured in the United States; or (2) fill the commander's position at any military medical facility with a health care professional unless such candidate demonstrates professional administrative skills. Earmarks funds appropriated by this Act for the Defense Health Program to continue CHAMPUS benefits until age 65 for a former member of the armed forces who is entitled to retired or retainer pay (or a dependent of such member) and who becomes eligible for hospital insurance benefits under part A of title XVIII (Medicare) of the Social Security Act solely on the grounds of physical disability. Provides limitations on the coverage of such expenses. Authorizes the Secretary to accept, during FY 1992, burdensharing contributions in the form of money from Japan, Korea, and Kuwait for the costs of local national employees, supplies, and services of DOD, to be credited to operation and maintenance appropriations and available for the same purposes and time period. Requires the Secretary to report quarterly to the Congress on contributions accepted. Prohibits obligations in excess of 70 percent of sales from DOD stock funds from being incurred against such stock funds during FY 1992. Prohibits the use of funds appropriated or made available in this Act to reduce or disestablish the operation of the Navy Reserve P-3 squadrons below the levels funded in this Act. Directs the Secretary of the Navy to obligate funds appropriated for FY 1991 through 1993 for the modernization of such aircraft that such Secretary intends to keep in the fleet for more than five years. Earmarks specified prior-year appropriated funds for payment of claims to U.S. military and civilian personnel for damages incurred as a result of the volcanic eruption of Mount Pinatubo in the Philippines. Prohibits funds appropriated in this Act from being obligated or expended for any contract or grant with a university or other higher educational institution unless such grant or contract is audited under certain Federal Acquisition Regulation procedures. Requires any such institution to respond fully to any requests for financial information in connection with such grant or contract. Prohibits funds appropriated in this Act to finance activities of DOD federally-funded R&D centers from being obligated or expended for such center if a member of its board of directors or trustees simultaneously serves on the board or trustees of a profit-making company under contract to DOD unless such center has a DOD-approved conflict of interests policy for its members. Mandates that certain previously required reports be submitted to the appropriations committees before funds from this Act may be used for such centers. Prohibits funds appropriated in this Act from being used to: (1) comply with or implement any provision issued in compliance with a memorandum of the Deputy Secretary of Defense concerning debarment from defense contracts for felony criminal convictions; or (2) procure carbon, alloy or armor steel plate for use in any Government-owned facility or DOD property which was not melted and rolled in the United States or Canada (with a waiver allowed on a case-by-case basis). Prohibits more than 15 percent of the funds available to DOD for sealift from being used to acquire ships constructed in foreign shipyards. Authorizes the Secretary, during FY 1992, to acquire the modification, depot maintenance, and repair of aircraft, vehicles, and vessels as well as the production of components and other defense-related articles through competition between DOD depot maintenance activities and private firms. Requires the Secretary, if he finds after consultation with the U.S. Trade Representative that a foreign country has violated a reciprocal defense procurement agreement by discriminating against certain types of products produced in the United States, to rescind the Secretary's blanket waiver of the Buy American Act with respect to such types of products produced in that foreign country. Directs the Secretary to report to the Congress on the amount of DOD purchases from foreign entities in FY 1993. Prohibits any funds appropriated or made available in this or any DOD appropriations Act during FY 1992 from being obligated for the procurement of ball or roller bearings other than in accordance with a specified Defense Federal Acquisition regulation. Transfers specified FY 1991 Navy shipbuilding and conversion funds to Navy operations and maintenance for use in connection with the USS John F. Kennedy at the Philadelphia Naval Shipyard. Directs the Air Force to use FY 1992 R&D funds to execute the cleanup of uncontrolled hazardous waste contamination affecting a sale parcel of land at Hamilton Air Force Base, California. Outlines procedures to be followed in the event that the purchaser of such sale parcel exercises its option to withdraw from such sale. Directs the Air Force to be reimbursed from the sale proceeds for cleanup expenses in excess of a specified amount. Provides for the conveyance by DOD of certain buildings and easements with respect to such parcel. Authorizes the Secretary, when considered to be in the best interest of the United States, to cancel up to $2,500 of a debt owed to the United States by a member or former member of the armed forces if it was incurred in connection with Operation Desert Shield/Storm. Transfers a specified cash balance in the Defense Business Operations Fund to DOD appropriations available for energy conservation improvement projects under the Department of Defense Energy Conservation Improvement Program. Allows appropriations contained in this Act that remain available at the end of the current fiscal year as a result of energy cost savings realized by DOD to remain available for obligation to the facilities responsible for such savings. Authorizes the Secretary to provide optional summer school programs authorized under the Defense Dependents Education Act of 1978 and to charge a fee for participation in such programs. Makes available through FY 1993 unobligated balances of the funds appropriated in the FY 1992 Department of Defense Appropriations Act for the World University Games and the 1992 Summer Olympics. Authorizes the Secretary during FY 1992 to transfer available funds from the National Defense Stockpile Transaction Fund to the appropriation for environmental restoration, defense. Allows after December 31, 1992, voluntary separation incentives to be paid in such amounts as necessary from assets of the Voluntary Separation Incentive Fund. Requires amounts deposited during FY 1992 and 1993 to special accounts established for the transfer or disposal of DOD real property and the leasing of non-excess DOD property to be appropriated and available for facility maintenance and repair and for environmental restoration at the military installation in which the property was sold, transferred, or leased. Prohibits any funds available to DOD in this Act from being used to award a contract for the procurement of four-ton dolly jacks manufactured outside of the United States. Authorizes DOD to transfer up to a specified amount of the funds appropriated under this Act for certain purposes authorized in the Nuclear Threat Reduction Act of 1992. Authorizes the Secretary to transfer up to a certain amount of DOD funds to the appropriate accounts within DOD for the transportation of humanitarian assistance to the former Soviet Union in order to address emergency conditions. Prohibits funds appropriated or made available in this Act from being used for the procurement of high purity quartz yarn or fiber, or related products or materials, not produced in the United States. Provides for the waiver of such prohibition on a case-by-case basis. Directs the Secretary to ensure that such yarn or fiber produced by domestic sources is tested for qualification for use or incorporation in the production of weapon systems and in weapons development programs. Provides a purchase preference to certain domestic producers of high carbon ferrochromium and ferromanganese from chromite and manganese ore authorized for disposal from the National Defense Stockpile. Prohibits funds available to DOD from being used to implement a specified defense management report decision pertaining to conventional ammunition which has the objective of financing such ammunition out of any funds other than those specifically appropriated or made available for the procurement of ammunition. Prohibits funds made available to DOD from being used: (1) for an Abrams tank upgrade program that does not first modify specified tank configurations; (2) in connection with any action within DOD which would support or lead to the purchase or acquisition of LTV Aerospace and Defense Company by any foreign person; and (3) to procure or acquire handguns or handgun ammunition except the 9mm DOD standard handgun and ammunition. Directs the Secretary, if he determines that a person has been convicted of intentionally affixing a "Made in America" label to any product sold in or shipped to the United States that is not made in America, to debar such person from contracting with the Government for at least three and up to five years. Authorizes FY 1992 DOD appropriations to be used to reimburse a reserve member who is not otherwise entitled to travel and transportation allowances and who occupies transient government housing while performing active duty for training or inactive duty training. Allows such funds to also be used for the civilian pay, allowances, and benefits of a National Guard technician who serves on active duty for participation outside the United States in airlift or refueling operations and who requests and is granted leave. Provides other conditions for such payments. Directs the Secretary to negotiate with a military medical treatment facility to assume operation of the Silas B. Hays Army Community Hospital at Fort Ord, California, in a manner consistent with the managed-care delivery model required under the National Defense Authorization Act for Fiscal Year 1991. Prohibits funds appropriated by this Act or made available to DOD from being used to operate, maintain, and pay the salaries of the employees assigned or detailed to the Defense Printing Service Management Office. Earmarks specified funds appropriated by this Act for paying the Administrator of General Services charges established under the Federal Property Administrative Services Act of 1949 for space and services. States that, as of September 1, 1993, no funds appropriated by this Act or made available to DOD may be used for payment of compensation of members of the Senior Executive Service assigned to DOD in excess of 95 percent of such personnel assigned to or serving in DOD on September 30, 1992. Requires the issuance of specified amounts from the Defense Business Operations Fund for supplies, equipment, and material for the Army, Navy, Marine Corps, and Air Force. Prohibits funds from this Act from being used by DOD or the Navy to consolidate the Naval Biodynamics Laboratory until 90 days after the General Accounting Office has submitted a report to the appropriations committees on plans to consolidate R&D laboratories. Directs the Comptroller General to issue a report on the Navy's accounting practices at its nuclear shipyards. Requires the Director of the Air National Guard, during FY 1992, to establish a command, control, communications, and intelligence planning office manned by three full-time Air Guard officers of specified rank. States that as of September 1, 1993, no funds appropriated by this Act shall be available for the payment of compensation of personnel assigned to or serving in the National Foreign Intelligence Program in excess of 98 percent of such personnel assigned to or serving in such Program on September 30, 1992. Prohibits funds appropriated by this Act or made available to DOD from being deposited into the Pentagon Reservation Maintenance Revolving Fund for renovation, construction, or any purposes other than the actual and necessary day-to-day operation of the Reservation or the performance of engineering studies and designs for renovation of the existing structure. Prohibits funds appropriated or otherwise made available in this Act from being used to promulgate or enforce a certain DOD policy prohibiting non-funded abortions in military medical treatment facilities outside the continental United States or any other policies having the same substance.
Bill· SS. 2899 (102nd)open
United States · United States Congress · 25 June 1992
National Institutes of Health Revitalization Amendments of 1992 - Title I: General Provisions Regarding title IV of Public Health Service Act - Subtitle A: Research Freedom - Part I: Review of Proposals for Biomedical and Behavioral Research - Amends the Public Health Service Act to prohibit the Secretary of Health and Human Services from approving certain research or financial assistance to conduct research unless specified review has taken place and the review entity has recommended approval. Prohibits the Secretary from withholding, on ethical grounds, funding for research that has received such review approval unless: (1) an ethics advisory board recommends the withholding; or (2) such a board recommends against withholding, but the Secretary finds that the recommendation is arbitrary and capricious. Part II: Research on Transplantation of Fetal Tissue - Permits the Secretary to conduct or support research on the transplantation of human fetal tissue for therapeutic purposes regardless of whether the tissue is obtained from a spontaneous or induced abortion or a stillbirth, in accordance with State and local law. Requires the researcher, if the tissue bank established under a specified executive order is in operation, to obtain the tissue from that bank, unless the bank does not provide requested tissue within a specified time of a request. Requires certain statements by the woman providing the tissue, the researcher, and the donee. Imposes criminal penalties for certain commercial transactions involving the transfer or directed donation of human fetal tissue. Prohibits: (1) any official of the executive branch from imposing a policy prohibiting the Department of Health and Human Services from conducting or supporting any research on the transplantation of human fetal tissue for therapeutic purposes; and (2) the Secretary from withholding funds for research which is in accordance with this Act. Deems a specified report of the Human Fetal Tissue Transplantation Research Panel to be a report issued by an ethics advisory board finding, on a basis that is neither arbitrary nor capricious, that there are no ethical grounds for withholding funds for such research. Part III: Miscellaneous Repeals - Removes certain provisions of the Public Health Service Act relating to: (1) biomedical ethics; (2) a study by the Biomedical Ethics Advisory Committee on waiver of a specified risk standard; and (3) the construction of title IV (National Research Institutes) of the Act. Subtitle B: Clinical Research Equity Regarding Women and Minorities - Part I: Women and Minorities as Subjects in Clinical Research - Requires that women and minorities be included as subjects in each clinical research project under such title IV. Requires projects to be designed and carried out so as to provide for an analysis of whether the variables being tested affect women or minorities differently than other subjects. Requires the establishment of inclusion guidelines. Requires that technical and scientific peer review conducted under existing provisions include an evaluation of the merit of the proposal regarding women and minorities. Part II: Office of Research on Women's Health - Establishes in the National Institutes of Health (NIH) the Office of Research on Women's Health. Requires the Director of the Office to establish: (1) the Coordinating Committee on Research on Women's Health; and (2) the Advisory Committee on Research on Women's Health. Mandates: (1) a determination of the extent to which women are represented among senior physicians and scientists of the national research institutes and among those conducting research supported by the institutes; and (2) as appropriate, activities to increase the extent of such representation. Requires establishment of: (1) a data system, available to the public, for the collection, analysis, and dissemination of information regarding research on women's health conducted or supported by the institutes; and (2) a program to provide information on research and prevention activities of the institutes relating to women's health research. Subtitle C: Scientific Integrity - Replaces provisions relating to protection against scientific fraud with provisions establishing as an independent entity in the Department of Health and Human Services the Office of Scientific Integrity. Requires: (1) applicants for a grant, contract, or cooperative agreement under the Act for biomedical or behavioral research to have an administrative process to review reports of scientific misconduct and agree to report any investigation of such reports; and (2) a response process for the Office. Establishes the Commission on Scientific Integrity. Provides for employee whistle blower protection. Mandates measures for identifying, responding to, and reporting the existence of a financial interest that will or may create a bias in favor of obtaining results, in a project to evaluate the safety or effectiveness of a drug, medical device, or treatment, that are consistent with the interest. Title II: Protection of Health Facilities - Prohibits stealing or otherwise converting personal property or damaging real property of a health facility assisted under the Public Health Service Act, or deterring, through physical restraint, any individual from entering or exiting the facility. Includes in the prohibitions various acts interfering with the use of animals for research. Provides for fines, imprisonment, restitution, and private civil actions. Title III: National Institutes of Health in General - Modifies the duties of the NIH's Associate Director for Prevention. Establishes a program to enhance the competitiveness of research entities in States which have historically had low success in obtaining funds from the national research institutes for biomedical and behavioral research. Mandates activities, consistent with the global Children's Vaccine Initiative, to develop affordable new and improved vaccines. Authorizes appropriations. Requires a plan regarding research methods that do not require the use of animals, reduce the number of animals used, and produce less distress in the animals. Establishes the Interagency Coordinating Committee on the Use of Animals in Research. Repeals similar provisions. Authorizes the Secretary of Health and Human Services to conduct and support research, research training, recruitment, and other activities to increase the number of women and individuals from disadvantaged backgrounds in biomedical and behavioral research. Requires that any survey of human sexual behavior conducted or supported through NIH: (1) undergo review in accordance with specified provisions; and (2) have been determined by the Secretary to assist in reducing the incidence of infectious disease or improve health conditions. Establishes a fund for use by the NIH Director to carry to carry out NIH activities. Authorizes appropriations. Modifies the term of office of members of advisory councils of the national research institutes. Requires that at least half of all new or revised health education and promotion materials developed or funded by NIH be in a form that does not exceed a level of functional literacy. Authorizes a program to provide day care service for NIH employees. Title IV: General Provisions Respecting National Research Institutes - Requires that the Secretary receive from the President and the Office of Management and Budget directly all funds appropriated by the Congress for obligation and expenditure by the Institute. Removes provisions authorizing the Director of the National Cancer Institute to directly receive such funds. Modifies the authority of the directors of the national research institutes to establish and appoint the members of technical and scientific peer review groups in addition to those appointed under specified provisions. Makes the Federal Advisory Committee Act inapplicable to such additional groups. Requires expansion and intensification of programs of research and related activities concerning osteoporosis, Paget's disease, and related bone disorders. Provides for the establishment, through a grant, cooperative agreement, or contract, of a clearinghouse to enhance knowledge and understanding of professionals, patients, and the public. Authorizes appropriations. Establishes: (1) a comprehensive program of conducting basic and clinical research on trauma, including diagnosis, treatment, rehabilitation, and general management of trauma; and (2) the Trauma Research Interagency Coordinating Committee. Title V: National Cancer Institute - Requires expanding, intensifying, and coordinating the activities of the National Cancer Institute (NCI) regarding breast and ovarian cancer, other cancers of the reproductive system of women, and prostate cancer. Requires inclusion of the conduct and support of research and demonstration centers. Authorizes appropriations. Removes provisions authorizing appropriations for NCI and the National Heart, Lung, and Blood Institute (NHLBI). Title VI: National Heart, Lung, and Blood Institute - Requires NHLBI to conduct intramural training and education. Authorizes development of three centers for basic and clinical research into, training in, and demonstration of, advanced diagnosis, prevention, and treatment for cardiovascular diseases in children. Authorizes appropriations for NHLBI. Title VII: National Institute on Diabetes and Digestive and Kidney Diseases - Establishes a program of conducting and supporting research, training, health information dissemination, and other activities regarding nutritional disorders, including obesity. Provides for the development or substantial expansion of centers for research and training. Title VIII: National Institute on Arthritis and Musculoskeletal and Skin Diseases - Removes provisions stating that the purpose of the National Institute on Arthritis and Musculoskeletal and Skin Diseases (NIAMSD) includes sports-related injuries. Requires NIAMSD to place emphasis on arthritis affecting children. Establishes a multipurpose arthritis and musculoskeletal disease center focusing on children. Modifies the composition of the National Arthritis Advisory Board and its annual report requirements. Title IX: National Institute on Aging - Transfers to the Public Health Service Act provisions of the Health Research Extension Act of 1985 authorizing a grant to develop a registry for epidemiological data on Alzheimer's disease and related data collection training. Removes the existing authorization of appropriations. Mandates research into the aging processes of women, with particular emphasis on menopause and into the diagnosis, disorders, and complications related to aging and loss of ovarian hormones. Authorizes appropriations for the National Institute on Aging. Title X: National Institute of Allergy and Infectious Diseases - Includes programs regarding tropical diseases in the purposes of the National Institute of Allergy and Infectious Diseases. Authorizes grants or contracts for centers to conduct basic and clinical research on chronic fatigue syndrome. Establishes an extramural study section for the syndrome. Title XI: National Institute of Child Health and Human Development - Subtitle A: Research Centers with Respect to Contraception and Research Centers with Respect to Infertility - Mandates grants or contracts for three centers to conduct activities to improve methods of contraception and two centers to conduct activities to improve methods of diagnosis and treatment of infertility. Authorizes appropriations. Establishes a program of agreements with health professionals, including graduate students, to conduct research on contraception or infertility in consideration of the Government repaying a limited amount of the educational loans of the professionals. Subtitle B: Program Regarding Obstetrics and Gynecology - Establishes in the National Institute of Child Health and Human Development (NICHHD) an intramural laboratory and clinical research program in obstetrics and gynecology. Subtitle C: Child Health Research Centers - Mandates development of and support for centers for conducting research on child health. Subtitle D: Study Regarding Adolescent Health - Mandates a longitudinal, large-scale study on the general health and well-being of adolescents in the United States. Allocates funding from amounts appropriated to NICHHD. Title XII: National Eye Institute - Authorizes not more than three grants for the establishment and support of centers for clinical research on eye care for individuals with diabetes. Allows grant funds to be used for equipment and for construction and modification of facilities. Title XIII: National Institute of Neurological Disorders and Stroke - Mandates the conduct and support of research on multiple sclerosis. Title XIV: National Institute of Environmental Health Sciences - Establishes the Applied Toxicological Research and Testing Program. Title XV: National Library of Medicine - Subtitle A: General Provisions - Directs the Secretary to promote the use of computers and telecommunications by health professionals. Increases the dollar limit on grants to medical libraries and related instrumentalities. Authorizes appropriations for the National Library of Medicine (NLM). Subtitle B: Financial Assistance - Mandates grants for research on, and development and demonstration of, new educational technologies. Requires recipient institutions to make grant projects available for: (1) training health professions students; and (2) enhancing the capabilities of health professionals regarding research and teaching. Authorizes appropriations to carry out provisions relating to medical libraries and related matters. Subtitle C: National Center for Biotechnology Information - Authorizes appropriations to carry out provisions relating to the National Center for Biotechnology Information. Subtitle D: National Information Center on Health Services Research and Health Care Technology - Establishes in NLM the National Information Center on Health Services Research and Health Care Technology to collect, analyze, and disseminate information on health services research and health care technology. Authorizes appropriations. Requires the Administrator of the existing information center on health care technologies and health care technology assessment and the NLM Director to enter into an agreement on the implementation of these provisions. Title XVI: Other Agencies of National Institutes of Health - Subtitle A: Division of Research Resources - Redesignates the Division of Research Resources as the National Center for Research Resources. Authorizes grants to alter existing or construct new research facilities. Establishes the Scientific and Technical Review Board on Biomedical and Behavioral Research Facilities to advise the Center director and the existing advisory council. Conditions grant approval on Board approval. Authorizes appropriations. Requires the NIH Director to reserve a specified sum from amounts appropriated under this authorization for grants and contracts to construct or improve regional centers for research on primates. Subtitle B: National Center for Nursing Research - Redesignates the National Center for Nursing Research as the National Institute for Nursing Research and adds the Institute to the list of NIH's national research institutes. Subtitle C: National Center for Human Genome Research - Adds the National Center for Human Genome Research to the list of NIH agencies. Declares the purpose of the Center to be to characterize the structure and function of the human genome, including the mapping and sequencing of individual genes. Title XVII: Awards and Training - Subtitle A: National Research Service Awards - Directs the Secretary to carry out provisions relating to National Research Service Awards in a manner that will recruit into biomedical or behavioral research, and provide research training to, women and individuals from disadvantaged backgrounds. Subtitle B: Acquired Immune Deficiency Syndrome - Modifies a program of agreements (under which certain health professionals conduct research regarding acquired immune deficiency syndrome (AIDS) as NIH employees in consideration of Government repayment of educational loans) to remove provisions requiring a minimum of three years as an NIH employee. Authorizes appropriations. Authorizes the Commissioner of Food and Drugs to carry out a similar program regarding the review of applications concerning AIDS. Subtitle C: Loan Repayment for Research Generally - Mandates a program of agreements with health professionals who have a substantial amount of educational loans relative to income and who meet other requirements to conduct research, as NIH employees, in consideration of Government repayment of a limited amount of the educational loans of the professionals. Authorizes appropriations. Subtitle D: Scholarship and Loan Repayment Programs Regarding Professional Skills Needed by Certain Agencies - Authorizes a program of contracts with individuals from disadvantaged backgrounds for scholarships for undergraduate programs for professions needed by NIH in consideration of service by the individuals as NIH employees. Authorizes a program of contracts with health professionals from disadvantaged backgrounds who have a substantial amount of educational loans relative to income to conduct clinical research as NIH employees in consideration of the Government repaying a limited amount of the educational loans of the professionals. Subtitle D: (SIC) Funding - Authorizes appropriations for making payments under National Research Service Awards and under grants for such Awards. Modifies set-aside amounts and requires a set-aside for provisions relating to residency programs in the general practice of dentistry. Title XVIII: National Foundation for Biomedical Research - Excludes from voting rights the ex officio members of the National Foundation for Biomedical Research. Authorizes appropriations. Title XIX: Research with Respect to Acquired Immune Deficiency Syndrome - Modifies the duties of the AIDS Clinical Research Review Committee, including requiring the Committee to: (1) give advice to other agencies of NIH as well as to the National Institute of Allergy and Infectious Diseases (NIAID); and (2) make recommendations on research projects regarding diagnosing immune deficiency and predicting, diagnosing, preventing, and treating opportunistic cancers and infectious diseases. States that the requirement that the clinical evaluation units at the National Cancer Institute and NIAID conduct evaluations of treatments for acquired immune deficiency syndrome (AIDS) includes evaluations of methods of: (1) diagnosing immune deficiency; and (2) predicting, diagnosing, preventing, and treating opportunistic cancers and infectious diseases. Modifies provisions relating to the support of international efforts to add to the purpose of grants, cooperative agreements, and contracts for such efforts provisions promoting and expediting: (1) international training; (2) research and training concerning the natural history and pathogenesis of the human immunodeficiency virus; and (3) the development and evaluation of vaccines and treatments for opportunistic infections. Authorizes appropriations for each fiscal year. Requires that model protocols (developed with grants under existing provisions) for the clinical care of individuals infected with the etiologic agent for AIDS include treatment and prevention of human immunodeficiency virus (HIV) infection and related conditions among women. Authorizes appropriations. Adds collection of data on the natural history of infection with the etiologic agent to the purposes of the epidemiological data base mandated by current provisions. Authorizes appropriations for each fiscal year. Requires the Director of NIH to develop and implement a comprehensive plan for the conduct and support of AIDS research by NIH agencies. Authorizes appropriations for each fiscal year for fellowship and training programs relating to AIDS under existing provisions. Title XX: Certain Authorities of Centers for Disease Control - Authorizes grants to States and local health departments for programs for specified activities relating to prostate cancer, including screening, public information, and improving professional training. Authorizes appropriations. Authorizes: (1) grants or contracts for population-based, statewide cancer registries; (2) grants for developing plans that meet the requirements of specified provisions; and (3) technical assistance to States, either directly or through grants and contracts. Mandates a study on the factors contributing to elevated breast cancer mortality rates in specified States. Authorizes appropriations. Requires a survey to determine which entities collect data on traumatic brain injuries and the nature of their data collection systems. Authorizes cooperation and assistance to establish traumatic brain injury as a specific reportable condition or disability. Authorizes appropriations. Title XXI: Studies - Mandates studies on: (1) the impact, with regard to acquired immune deficiency syndrome (AIDS), of parallel-track drug-release mechanisms on clinical research and on the activities of the Commissioner of Food and Drugs regarding drug approval; (2) third-party payor policies regarding payment of costs incident to the participation of individuals as subjects in AIDS drug clinical trials; and (3) whether AIDS advisory committees in NIH are being sufficiently coordinated. Requires a plan for the inclusion of HIV-infected women, infants, and children in HIV vaccine studies conducted by or through NIH. Authorizes appropriations. Mandates an annual report on the leading causes of death in the United States and related spending by the Department of Health and Human Services for research, prevention, and education. Requires three-year studies on: (1) nutrition screening and intervention regarding the elderly; and (2) the extent of malnutrition in hospitals, in long-term care facilities, and among those living independently. Establishes an advisory panel to oversee the studies. Mandates a report on the feasibility of developing a plan for the conduct of research at NIH on the prevention of traumatic injuries. Directs the Secretary to: (1) review existing data and research concerning whether there is a relationship between legal and illegal drug use; and (2) if necessary, conduct additional research. Mandates reports on: (1) research conducted or supported by NIH on chronic fatigue syndrome; (2) the appropriateness and impact of NIH assuming responsibility for the conduct of all Federal research, development, testing, and evaluation relating to medical countermeasures against biowarfare threat agents. Requires a study on the potential for, the prevalence of, and the issues related to the contamination of worker's homes with substances from their work places. Requires: (1) establishment of the Worker's Family Protection Task Force to take specified actions, including developing an investigative strategy for obtaining any needed additional data; and (2) each Federal department or agency to fulfill the role assigned by the strategy. Authorizes appropriations. Mandates studies: (1) of the retention, recruitment, vacancy and turnover rates of NIH support staff, including fire fighters, law enforcement, procurement officers, technicians, nurses, and clerical employees; and (2) to develop a streamlined procurement system for NIH. Title XXII: Miscellaneous Provisions - Redesignates the Senior Biomedical Research Service as the Silvio Conte Senior Biomedical Research Service and increases the limit on the number of its members. Renames the AIDS Clinical Research Review Committee as the AIDS Research Advisory Committee. Prohibits the Secretary from conducting or supporting the SHARP survey of adult sexual behavior. Requires that a report on carcinogens be submitted biennially (currently, annually). Mandates a report analyzing the report of the National Committee on Sleep Disorders Research and presenting a plan for the conduct and support of sleep disorders research at NIH. Mandates presentation to the Congress of a master plan to provide for the replacement or refurbishment of less than adequate buildings, utility equipment and distribution systems, roads, walkways, parking areas, and grounds of NIH laboratory and clinical facilities. Allows the plan to make recommendations for the undertaking of new projects consistent with the objectives of these provisions. Title XXIII: Effective Date - Sets forth the effective date of this Act.
Bill· HRH.R. 5495 (102nd)referred
United States · United States Congress · 25 June 1992
National Institutes of Health Revitalization Amendments of 1992 - Title I: General Provisions Regarding title IV of Public Health Service Act - Subtitle A: Research Freedom - Part I: Review of Proposals for Biomedical and Behavioral Research - Amends the Public Health Service Act to prohibit the Secretary of Health and Human Services from approving certain research or financial assistance to conduct research unless specified review has taken place and the review entity has recommended approval. Prohibits the Secretary from withholding, on ethical grounds, funding for research that has received such review approval unless: (1) an ethics advisory board recommends the withholding; or (2) such a board recommends against withholding, but the Secretary finds that the recommendation is arbitrary and capricious. Part II: Research on Transplantation of Fetal Tissue - Permits the Secretary to conduct or support research on the transplantation of human fetal tissue for therapeutic purposes regardless of whether the tissue is obtained from a spontaneous or induced abortion or a stillbirth, in accordance with State and local law. Requires the researcher, if the tissue bank established under a specified executive order is in operation, to obtain the tissue from that bank, unless the bank does not provide requested tissue within a specified time of a request. Requires certain statements by the woman providing the tissue, the researcher, and the donee. Imposes criminal penalties for certain commercial transactions involving the transfer or directed donation of human fetal tissue. Prohibits: (1) any official of the executive branch from imposing a policy prohibiting the Department of Health and Human Services from conducting or supporting any research on the transplantation of human fetal tissue for therapeutic purposes; and (2) the Secretary from withholding funds for research which is in accordance with this Act. Deems a specified report of the Human Fetal Tissue Transplantation Research Panel to be a report issued by an ethics advisory board finding, on a basis that is neither arbitrary nor capricious, that there are no ethical grounds for withholding funds for such research. Part III: Miscellaneous Repeals - Removes certain provisions of the Public Health Service Act relating to: (1) biomedical ethics; (2) a study by the Biomedical Ethics Advisory Committee on waiver of a specified risk standard; and (3) the construction of title IV (National Research Institutes) of the Act. Subtitle B: Clinical Research Equity Regarding Women and Minorities - Part I: Women and Minorities as Subjects in Clinical Research - Requires that women and minorities be included as subjects in each clinical research project under such title IV. Requires projects to be designed and carried out so as to provide for an analysis of whether the variables being tested affect women or minorities differently than other subjects. Requires the establishment of inclusion guidelines. Requires that technical and scientific peer review conducted under existing provisions include an evaluation of the merit of the proposal regarding women and minorities. Part II: Office of Research on Women's Health - Establishes in the National Institutes of Health (NIH) the Office of Research on Women's Health. Requires the Director of the Office to establish: (1) the Coordinating Committee on Research on Women's Health; and (2) the Advisory Committee on Research on Women's Health. Mandates: (1) a determination of the extent to which women are represented among senior physicians and scientists of the national research institutes and among those conducting research supported by the institutes; and (2) as appropriate, activities to increase the extent of such representation. Requires establishment of: (1) a data system, available to the public, for the collection, analysis, and dissemination of information regarding research on women's health conducted or supported by the institutes; and (2) a program to provide information on research and prevention activities of the institutes relating to women's health research. Subtitle C: Scientific Integrity - Replaces provisions relating to protection against scientific fraud with provisions establishing as an independent entity in the Department of Health and Human Services the Office of Scientific Integrity. Requires: (1) applicants for a grant, contract, or cooperative agreement under the Act for biomedical or behavioral research to have an administrative process to review reports of scientific misconduct and agree to report any investigation of such reports; and (2) a response process for the Office. Establishes the Commission on Scientific Integrity. Provides for employee whistle blower protection. Mandates measures for identifying, responding to, and reporting the existence of a financial interest that will or may create a bias in favor of obtaining results, in a project to evaluate the safety or effectiveness of a drug, medical device, or treatment, that are consistent with the interest. Title II: Protection of Health Facilities - Prohibits stealing or otherwise converting personal property or damaging real property of a health facility assisted under the Public Health Service Act, or deterring, through physical restraint, any individual from entering or exiting the facility. Includes in the prohibitions various acts interfering with the use of animals for research. Provides for fines, imprisonment, restitution, and private civil actions. Title III: National Institutes of Health in General - Modifies the duties of the NIH's Associate Director for Prevention. Establishes a program to enhance the competitiveness of research entities in States which have historically had low success in obtaining funds from the national research institutes for biomedical and behavioral research. Mandates activities, consistent with the global Children's Vaccine Initiative, to develop affordable new and improved vaccines. Authorizes appropriations. Requires a plan regarding research methods that do not require the use of animals, reduce the number of animals used, and produce less distress in the animals. Establishes the Interagency Coordinating Committee on the Use of Animals in Research. Repeals similar provisions. Authorizes the Secretary of Health and Human Services to conduct and support research, research training, recruitment, and other activities to increase the number of women and individuals from disadvantaged backgrounds in biomedical and behavioral research. Requires that any survey of human sexual behavior conducted or supported through NIH: (1) undergo review in accordance with specified provisions; and (2) have been determined by the Secretary to assist in reducing the incidence of infectious disease or improve health conditions. Establishes a fund for use by the NIH Director to carry out NIH activities. Authorizes appropriations. Modifies the term of office of members of advisory councils of the national research institutes. Requires that at least half of all new or revised health education and promotion materials developed or funded by NIH be in a form that does not exceed a level of functional literacy. Authorizes a program to provide day care service for NIH employees. Title IV: General Provisions Respecting National Research Institutes - Requires that the Secretary receive from the President and the Office of Management and Budget directly all funds appropriated by the Congress for obligation and expenditure by the Institute. Removes provisions authorizing the Director of the National Cancer Institute to directly receive such funds. Modifies the authority of the directors of the national research institutes to establish and appoint the members of technical and scientific peer review groups in addition to those appointed under specified provisions. Makes the Federal Advisory Committee Act inapplicable to such additional groups. Requires expansion and intensification of programs of research and related activities concerning osteoporosis, Paget's disease, and related bone disorders. Provides for the establishment, through a grant, cooperative agreement, or contract, of a clearinghouse to enhance knowledge and understanding of professionals, patients, and the public. Authorizes appropriations. Establishes: (1) a comprehensive program of conducting basic and clinical research on trauma, including diagnosis, treatment, rehabilitation, and general management of trauma; and (2) the Trauma Research Interagency Coordinating Committee. Title V: National Cancer Institute - Requires expanding, intensifying, and coordinating the activities of the National Cancer Institute (NCI) regarding breast and ovarian cancer, other cancers of the reproductive system of women, and prostate cancer. Requires inclusion of the conduct and support of research and demonstration centers. Authorizes appropriations. Removes provisions authorizing appropriations for NCI and the National Heart, Lung, and Blood Institute (NHLBI). Title VI: National Heart, Lung, and Blood Institute - Requires NHLBI to conduct intramural training and education. Authorizes development of three centers for basic and clinical research into, training in, and demonstration of, advanced diagnosis, prevention, and treatment for cardiovascular diseases in children. Authorizes appropriations for NHLBI. Title VII: National Institute on Diabetes and Digestive and Kidney Diseases - Establishes a program of conducting and supporting research, training, health information dissemination, and other activities regarding nutritional disorders, including obesity. Provides for the development or substantial expansion of centers for research and training. Title VIII: National Institute on Arthritis and Musculoskeletal and Skin Diseases - Removes provisions stating that the purpose of the National Institute on Arthritis and Musculoskeletal and Skin Diseases (NIAMSD) includes sports-related injuries. Requires NIAMSD to place emphasis on arthritis affecting children. Establishes a multipurpose arthritis and musculoskeletal disease center focusing on children. Modifies the composition of the National Arthritis Advisory Board and its annual report requirements. Title IX: National Institute on Aging - Transfers to the Public Health Service Act provisions of the Health Research Extension Act of 1985 authorizing a grant to develop a registry for epidemiological data on Alzheimer's disease and related data collection training. Removes the existing authorization of appropriations. Mandates research into the aging processes of women, with particular emphasis on menopause and into the diagnosis, disorders, and complications related to aging and loss of ovarian hormones. Authorizes appropriations for the National Institute on Aging. Title X: National Institute of Allergy and Infectious Diseases - Includes programs regarding tropical diseases in the purposes of the National Institute of Allergy and Infectious Diseases. Authorizes grants or contracts for centers to conduct basic and clinical research on chronic fatigue syndrome. Establishes an extramural study section for the syndrome. Title XI: National Institute of Child Health and Human Development - Subtitle A: Research Centers with Respect to Contraception and Research Centers with Respect to Infertility - Mandates grants or contracts for three centers to conduct activities to improve methods of contraception and two centers to conduct activities to improve methods of diagnosis and treatment of infertility. Authorizes appropriations. Establishes a program of agreements with health professionals, including graduate students, to conduct research on contraception or infertility in consideration of the Government repaying a limited amount of the educational loans of the professionals. Subtitle B: Program Regarding Obstetrics and Gynecology - Establishes in the National Institute of Child Health and Human Development (NICHHD) an intramural laboratory and clinical research program in obstetrics and gynecology. Subtitle C: Child Health Research Centers - Mandates development of and support for centers for conducting research on child health. Subtitle D: Study Regarding Adolescent Health - Mandates a longitudinal, large-scale study on the general health and well-being of adolescents in the United States. Allocates funding from amounts appropriated to NICHHD. Title XII: National Eye Institute - Authorizes not more than three grants for the establishment and support of centers for clinical research on eye care for individuals with diabetes. Allows grant funds to be used for equipment and for construction and modification of facilities. Title XIII: National Institute of Neurological Disorders and Stroke - Mandates the conduct and support of research on multiple sclerosis. Title XIV: National Institute of Environmental Health Sciences - Establishes the Applied Toxicological Research and Testing Program. Title XV: National Library of Medicine - Subtitle A: General Provisions - Directs the Secretary to promote the use of computers and telecommunications by health professionals. Increases the dollar limit on grants to medical libraries and related instrumentalities. Authorizes appropriations for the National Library of Medicine (NLM). Subtitle B: Financial Assistance - Mandates grants for research on, and development and demonstration of, new educational technologies. Requires recipient institutions to make grant projects available for: (1) training health professions students; and (2) enhancing the capabilities of health professionals regarding research and teaching. Authorizes appropriations to carry out provisions relating to medical libraries and related matters. Subtitle C: National Center for Biotechnology Information - Authorizes appropriations to carry out provisions relating to the National Center for Biotechnology Information. Subtitle D: National Information Center on Health Services Research and Health Care Technology - Establishes in NLM the National Information Center on Health Services Research and Health Care Technology to collect, analyze, and disseminate information on health services research and health care technology. Authorizes appropriations. Requires the Administrator of the existing information center on health care technologies and health care technology assessment and the NLM Director to enter into an agreement on the implementation of these provisions. Title XVI: Other Agencies of National Institutes of Health - Subtitle A: Division of Research Resources - Redesignates the Division of Research Resources as the National Center for Research Resources. Authorizes grants to alter existing or construct new research facilities. Establishes the Scientific and Technical Review Board on Biomedical and Behavioral Research Facilities to advise the Center director and the existing advisory council. Conditions grant approval on Board approval. Authorizes appropriations. Requires the NIH Director to reserve a specified sum from amounts appropriated under this authorization for grants and contracts to construct or improve regional centers for research on primates. Subtitle B: National Center for Nursing Research - Redesignates the National Center for Nursing Research as the National Institute for Nursing Research and adds the Institute to the list of NIH's national research institutes. Subtitle C: National Center for Human Genome Research - Adds the National Center for Human Genome Research to the list of NIH agencies. Declares the purpose of the Center to be to characterize the structure and function of the human genome, including the mapping and sequencing of individual genes. Title XVII: Awards and Training - Subtitle A: National Research Service Awards - Directs the Secretary to carry out provisions relating to National Research Service Awards in a manner that will recruit into biomedical or behavioral research, and provide research training to, women and individuals from disadvantaged backgrounds. Subtitle B: Acquired Immune Deficiency Syndrome - Modifies a program of agreements (under which certain health professionals conduct research regarding acquired immune deficiency syndrome (AIDS) as NIH employees in consideration of Government repayment of educational loans) to remove provisions requiring a minimum of three years as an NIH employee. Authorizes appropriations. Authorizes the Commissioner of Food and Drugs to carry out a similar program regarding the review of applications concerning AIDS. Subtitle C: Loan Repayment for Research Generally - Mandates a program of agreements with health professionals who have a substantial amount of educational loans relative to income and who meet other requirements to conduct research, as NIH employees, in consideration of Government repayment of a limited amount of the educational loans of the professionals. Authorizes appropriations. Subtitle D: Scholarship and Loan Repayment Programs Regarding Professional Skills Needed by Certain Agencies - Authorizes a program of contracts with individuals from disadvantaged backgrounds for scholarships for undergraduate programs for professions needed by NIH in consideration of service by the individuals as NIH employees. Authorizes a program of contracts with health professionals from disadvantaged backgrounds who have a substantial amount of educational loans relative to income to conduct clinical research as NIH employees in consideration of the Government repaying a limited amount of the educational loans of the professionals. Subtitle D: (SIC) Funding - Authorizes appropriations for making payments under National Research Service Awards and under grants for such Awards. Modifies set-aside amounts and requires a set-aside for provisions relating to residency programs in the general practice of dentistry. Title XVIII: National Foundation for Biomedical Research - Excludes from voting rights the ex officio members of the National Foundation for Biomedical Research. Authorizes appropriations. Title XIX: Research with Respect to Acquired Immune Deficiency Syndrome - Modifies the duties of the AIDS Clinical Research Review Committee, including requiring the Committee to: (1) give advice to other agencies of NIH as well as to the National Institute of Allergy and Infectious Diseases (NIAID); and (2) make recommendations on research projects regarding diagnosing immune deficiency and predicting, diagnosing, preventing, and treating opportunistic cancers and infectious diseases. States that the requirement that the clinical evaluation units at the National Cancer Institute and NIAID conduct evaluations of treatments for acquired immune deficiency syndrome (AIDS) includes evaluations of methods of: (1) diagnosing immune deficiency; and (2) predicting, diagnosing, preventing, and treating opportunistic cancers and infectious diseases. Modifies provisions relating to the support of international efforts to add to the purpose of grants, cooperative agreements, and contracts for such efforts provisions promoting and expediting: (1) international training; (2) research and training concerning the natural history and pathogenesis of the human immunodeficiency virus; and (3) the development and evaluation of vaccines and treatments for opportunistic infections. Authorizes appropriations for each fiscal year. Requires that model protocols (developed with grants under existing provisions) for the clinical care of individuals infected with the etiologic agent for AIDS include treatment and prevention of human immunodeficiency virus (HIV) infection and related conditions among women. Authorizes appropriations. Adds collection of data on the natural history of infection with the etiologic agent to the purposes of the epidemiological data base mandated by current provisions. Authorizes appropriations for each fiscal year. Requires the Director of NIH to develop and implement a comprehensive plan for the conduct and support of AIDS research by NIH agencies. Authorizes appropriations for each fiscal year for fellowship and training programs relating to AIDS under existing provisions. Title XX: Certain Authorities of Centers for Disease Control - Authorizes grants to States and local health departments for programs for specified activities relating to prostate cancer, including screening, public information, and improving professional training. Authorizes appropriations. Authorizes: (1) grants or contracts for population-based, statewide cancer registries; (2) grants for developing plans that meet the requirements of specified provisions; and (3) technical assistance to States, either directly or through grants and contracts. Mandates a study on the factors contributing to elevated breast cancer mortality rates in specified States. Authorizes appropriations. Requires a survey to determine which entities collect data on traumatic brain injuries and the nature of their data collection systems. Authorizes cooperation and assistance to establish traumatic brain injury as a specific reportable condition or disability. Authorizes appropriations. Title XXI: Studies - Mandates studies on: (1) the impact, with regard to acquired immune deficiency syndrome (AIDS), of parallel-track drug-release mechanisms on clinical research and on the activities of the Commissioner of Food and Drugs regarding drug approval; (2) third-party payor policies regarding payment of costs incident to the participation of individuals as subjects in AIDS drug clinical trials; and (3) whether AIDS advisory committees in NIH are being sufficiently coordinated. Requires a plan for the inclusion of HIV-infected women, infants, and children in HIV vaccine studies conducted by or through NIH. Authorizes appropriations. Mandates an annual report on the leading causes of death in the United States and related spending by the Department of Health and Human Services for research, prevention, and education. Requires three-year studies on: (1) nutrition screening and intervention regarding the elderly; and (2) the extent of malnutrition in hospitals, in long-term care facilities, and among those living independently. Establishes an advisory panel to oversee the studies. Mandates a report on the feasibility of developing a plan for the conduct of research at NIH on the prevention of traumatic injuries. Directs the Secretary to: (1) review existing data and research concerning whether there is a relationship between legal and illegal drug use; and (2) if necessary, conduct additional research. Mandates reports on: (1) research conducted or supported by NIH on chronic fatigue syndrome; (2) the appropriateness and impact of NIH assuming responsibility for the conduct of all Federal research, development, testing, and evaluation relating to medical countermeasures against biowarfare threat agents. Requires a study on the potential for, the prevalence of, and the issues related to the contamination of worker's homes with substances from their work places. Requires: (1) establishment of the Worker's Family Protection Task Force to take specified actions, including developing an investigative strategy for obtaining any needed additional data; and (2) each Federal department or agency to fulfill the role assigned by the strategy. Authorizes appropriations. Mandates studies: (1) of the retention, recruitment, vacancy and turnover rates of NIH support staff, including fire fighters, law enforcement, procurement officers, technicians, nurses, and clerical employees; and (2) to develop a streamlined procurement system for NIH. Title XXII: Miscellaneous Provisions - Redesignates the Senior Biomedical Research Service as the Silvio Conte Senior Biomedical Research Service and increases the limit on the number of its members. Renames the AIDS Clinical Research Review Committee as the AIDS Research Advisory Committee. Prohibits the Secretary from conducting or supporting the SHARP survey of adult sexual behavior. Requires that a report on carcinogens be submitted biennially (currently, annually). Mandates a report analyzing the report of the National Committee on Sleep Disorders Research and presenting a plan for the conduct and support of sleep disorders research at NIH. Mandates presentation to the Congress of a master plan to provide for the replacement or refurbishment of less than adequate buildings, utility equipment and distribution systems, roads, walkways, parking areas, and grounds of NIH laboratory and clinical facilities. Allows the plan to make recommendations for the undertaking of new projects consistent with the objectives of these provisions. Title XXIII: Effective Date - Sets forth the effective date of this Act.
Bill· HRH.R. 5462 (102nd)referred
United States · United States Congress · 23 June 1992
Urban Entrepreneurial Opportunities Act - Amends the Internal Revenue Code to allow a deduction for equity contributions made by a corporation to an urban entrepreneurial opportunity financing subsidiary of such corporation. Requires the subsidiary to use such contribution in making qualified enterprise zone business loans to qualified small business concerns. Establishes an overall program limitation among the contributing corporations to be allocated by the Secretary of Housing and Urban Development.
Bill· HRH.R. 5447 (102nd)referred
United States · United States Congress · 22 June 1992
Riot Reinsurance Act of 1992 - Reauthorizes the program under title XII of the National Housing Act to provide reinsurance through the Federal Emergency Management Agency against property losses resulting from riots or civil disorders. Authorizes appropriations. Reestablishes the National Insurance Development Program Advisory Board. Extends program authority for: (1) reinsurance of riot or civil disorder losses; (2) FAIR plans; (3) crime insurance; and (4) claims and judicial review.
Bill· SS. 2870 (102nd)open
United States · United States Congress · 18 June 1992
Legal Services Reauthorization Act of 1992 - Amends the Legal Services Corporation Act to authorize appropriations for the Legal Services Corporation for FY 1993 through 1997. Amends the Federal criminal code to: (1) apply Federal criminal laws against theft, fraud, and embezzlement to Corporation funds; and (2) make the Federal criminal statute against obstructing a Federal audit applicable with regard to auditors employed or retained by the Corporation. Specifies that certain provisions of the False Claims Act apply to the Corporation, any financial assistance recipient and other grantee or contractor of the Corporation (awardee), subgrantee or subcontractor of any such entity, or employee thereof (thus, giving the Attorney General the authority to bring a civil action against any person employed by or contracting with a recipient, subrecipient, grantee, or contractor who perpetuates a fraud with Corporation funds, but excluding from application to the Corporation and its recipients provisions which permit a private person to initiate a false claims action). Revises prohibitions on the use of Corporation funds for lobbying purposes to prohibit such use by an awardee: (1) to pay for publicity or propaganda intended or designed to support or defeat legislation pending before the Congress or State or local legislative bodies, or to influence any decision by a Federal, State, or local agency; (2) to pay for any personal service, advertisement, telegram, telephone communication, letter, printed matter, or other device intended or designed to influence: any decision by a Federal, State, or local agency, except when legal assistance is provided by an employee of an awardee of the Corporation to an eligible client on a particular matter which directly involves the client's legal rights or responsibilities; any Member of Congress or other Federal, State, or local elected official to favor or oppose any referendum, initiative, constitutional amendment, or similar procedure of the Congress, State legislature, local council, or similar governing body; or any such Member or official to favor or oppose legislation (with exceptions); or (3) for adminstrative or related costs associated with such prohibited activities. Permits the use of such funds in connection with any communication: (1) made in response to a Federal, State, or local agency or elected official; or (2) to a Federal, State, or local elected official pertaining to the authorization or appropriation of funds or any other measure affecting the authority, functions, or funding of, or pertaining to oversight measures directly affecting, the awardee or the Corporation, if the project director or designee of the awardee has expressly determined that the legislative body involved is considering such authorization, appropriation, or other measure, or is conducting oversight of the awardee or the Corporation. Requires the Corporation to: (1) arrange for evaluations to determine whether awardees are providing comprehensive, economical, and effective legal assistance to eligible clients; and (2) conduct monitoring and investigations into allegations that an awardee has violated applicable requirements. Sets forth provisions concerning investigation procedures. Directs the Board of Directors of the Corporation to provide for the enforcement of requirements with respect to such awardees. Permits the Corporation to suspend, reduce, or terminate financial assistance (with such termination only after consideration of other remedial measures and only after the employee has been afforded reasonable notice and opportunity for a timely, full, and fair hearing, to be conducted by an independent hearing examiner when requested), or deny an application for refunding (after affording the awardee an opportunity to correct the failure) when: (1) there has been a substantial failure to comply with applicable requirements; or (2) evaluations demonstrate that an awardee has consistently failed to provide economical and effective legal assistance. Authorizes the Corporation to deny an application for refunding when the Corporation has identified an applicant for financial assistance that is better able to provide comprehensive, economical, and effective legal assistance for the geographic area served by such awardee. Revises provisions concerning notice to awardees prior to the suspension or termination of assistance or the denial of a refunding application. Prohibits the annual level of assistance from being reduced by more than five percent or $20,000, whichever is less, unless the awardee has been afforded notice and, at the awardee's request, a timely and fair hearing. Sets forth Corporation monitoring requirements. Directs that standards and procedures adopted pursuant to such provision take into account: (1) the responsibility of the Corporation to provide for independent evaluations; (2) that each awardee has the responsibility to manage its day-to-day operations and to assure that its employees comply with all applicable law and deliver high quality legal assistance in an effective and economical manner; (3) that the personal privacy of eligible clients could be adversely affected by the public disclosure of records or documents obtained in connection with monitoring or investigation (and bars the Corporation from requiring disclosure of such records to the extent that they can be expected to contain information directly pertinent and necessary to an audit, or to an investigation of a likely pattern of discrimination, lack of compliance with the law, or poor performance by an awardee which is indicated by other external evidence); (4) the requirements of the Privacy Act of 1974, the privacy protections of State law, and the principle that matters and records that are personal or private and that relate to an individual employee should be protected from examination by the Corporation; and (5) the rules of ethics and professional responsibility that are applicable in the jurisdiction where an awardee delivers legal assistance. Requires the Corporation to develop criteria for evaluating the capability and performance of awardees. Specifies that the Inspector General of the Corporation shall not, in carrying out his or her functions, be subject to any restriction that: (1) is contained in the standards and procedures adopted by the Corporation under this provision; and (2) limits access by the Corporation to documents or other information. Directs the Corporation to require each grantee, contractor, or person or entity receiving financial assistance to provide for an independent annual financial audit and to submit the report of the audit to the Corporation. Bars the Corporation from selecting the auditor employed by such entity. Permits the Corporation to conduct its own audit or hire an independent auditor when necessary, with the costs to be borne by the Corporation. (Current law directs the Corporation to conduct, or require each such grantee, contractor, or person or entity to provide for, an annual financial audit.) Places restrictions on the bringing of a class action suit by an awardee with funds provided by the Corporation against the Federal Government or any State or local government. Requires awardees to adopt policies to attempt to negotiate settlements and to use alternative dispute resolution mechanisms, where appropriate, before filing suit. Prohibits the use of Corporation funds to alter, revise, or reapportion a legislative, judicial, or elective district at any level of government. Places restrictions on the use of Corporation funds for legal assistance for aliens. Revises requirements for governing bodies of grant or contract recipients to require a recipient's governing body to be comprised of (in the majority) attorneys who are appointed by State, county, or local bar associations the memberships of which represent a majority of the attorneys practicing law in the locality in which the recipient is to provide legal assistance. Sets forth requirements for governing or policy bodies of recipients and other awardees. Allows the governing body of a bar association to appoint members of the governing or policy bodies of more than one awardee of the Corporation. Makes technical and conforming changes with respect to the professional responsibilities of the Corporation and attorney employees of the Corporation. Specifies that neither the Corporation nor the Comptroller General shall have access to any reports or records protected from disclosure by the laws or rules of ethics or professional responsibility that apply in the jurisdiction where such reports or records are maintained. Requires the Corporation (with specified exceptions) to ensure that attorneys employed full-time in providing legal assistance supported in major part by the Corporation refrain from any: (1) outside practice of law in which the attorneys seek or receive compensation; and (2) uncompensated outside practice of law. (Current law bars attorneys employed full-time in legal assistance activities supported in major part by the Corporation from any compensated outside practice, and any uncompensated outside practice except as authorized in guidelines promulgated by the Corporation.) Prohibits the use of Corporation funds for initiating the defense of a person in a proceeding to evict such person from a public housing project if the person has been convicted of the illegal sale or distribution of a controlled substance and the proceeding has been brought by a public housing project agency because such person threatens the health or safety of other tenants or employees of such agency. Prohibits awardees (or employees) from engaging in precomplaint settlement negotiations, filing a complaint, or pursuing litigation against a defendant unless a written retainer agreement which enumerates the facts on which the claim is based has been signed by the plaintiffs. Specifies that, unless authorized by a court of competent jurisdiction, no awardee (or employee) may file a complaint or petition in a court until all plaintiffs known to plaintiff's counsel at the time have been specifically identified in the complaint or petition. Requires the Corporation to study, through the use of demonstration projects and other appropriate methods, the feasibility of utilizing a system of competition to improve the delivery of legal assistance and related activities. Sets forth reporting requirements. Specifies that a general restriction on training activities of the Corporation should not be construed to prohibit training of attorneys or paralegals as necessary to prepare them to advise any eligible client as to the nature of the legislative process, or to inform any such client of his or her rights under any statute, order, or regulation. Repeals a limitation on the use of non-Federal funds received by the Corporation. Directs the Corporation to require each awardee to maintain a system of time and recordkeeping that discloses the types of activities supported by Corporation and non-Corporation funds and allocates appropriate costs, including overhead, to activities funded by non-Corporation funds. Sets forth additional requirements regarding the specific type of system to be employed. Prohibits the use of alternative corporations to evade the provisions of this Act. Defines an "alternative corporation" as a group which has a single identity of interest with an awardee. Requires any awardee which shares employees with any other entity to specify with particularity the use of any funds by such employees. Directs the Corporation to ensure that all attorneys engaged in legal assistance activities supported by the Corporation refrain, while so engaged, from any political activity (current law) associated with a political party or the campaign of any candidate for public or party office. Requires grants and contracts made for calendar years 1993 through 1997 to be made for at least 12 months, except for any grant to a new program commencing operations after the beginning of the applicable calendar year. Sets forth provisions with respect to the establishment of local priorities and periodic analysis of the legal needs of clients in the area served by each such awardee. Revises the defintion of "staff attorney" to mean an attorney who: (1) is employed by a recipient organized in whole or in part for the provision of legal assistance to eligible clients under the Act; and (2) receives more than half of his or her annual professional salary from the proceeds of a grant or contract from the Corporation to such recipient. (Current law specifies an attorney who receives more than half of his annual professional income from a recipient organized solely for the provisions of legal assistance to eligible clients.) Directs the Corporation to conduct a study on legal assistance to older Americans.
Bill· HRH.R. 5438 (102nd)referred
United States · United States Congress · 18 June 1992
Excludes from income under the Food Stamp Act of 1977 (food stamp assistance) and the United States Housing Act of 1937 (rental assistance) payments received under part E (Foster Care and Adoption Assistance) of title IV of the Social Security Act.
Bill· HRH.R. 5433 (102nd)referred
United States · United States Congress · 18 June 1992
Comprehensive Community Bank Burden Reduction Act of 1992 - Title I: Purposes - Sets forth the purposes of this Act. Title II: Supervisory Reforms - Amends the Federal Deposit Insurance Act to extend from 18 months to twenty-four months the annual on-site examination cycle for certain small-sized insured depository institutions. Authorizes the appropriate Federal banking agency to exempt small-sized institutions within a depository institution holding company from statutory examination requirements if the agency is satisfied that adequate internal controls and examination procedures exist within the holding company structure. Modifies statutory auditing and reporting requirements in order to reduce the regulatory costs incurred by insured depository institutions, including Federal Credit Unions. Repeals regulatory standards for safety and soundness. Exempts from bank branch closure notice requirements specified branches and automated teller machines. Directs the Federal Financial Institutions Examination Council to review risk-based capital rules and compliance requirements with respect to their cost burden upon community banks. Amends the Federal Reserve Act to modify the aggregate statutory limits on insider lending. Repeals the statutory mandate with respect to the regulation of interbank risks. Amends the Federal Deposit Insurance Act to modify the approval process with respect to the activities of insured state banks. Directs Federal banking regulatory agencies to coordinate their regulations and interpretation with one another to achieve uniformity. Amends the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 to: (1) authorize Federal financial institution regulatory agencies and the Resolution Trust Corporation to establish levels below which a certified or licensed appraiser shall not be required in connection with Federal real estate-related transactions; and (2) prohibit States from requiring State-certified or State-licensed appraisers for such transactions. Amends the Community Reinvestment Act of 1977 to set forth self-certification guidelines for regulated financial institutions. Requires the appropriate Federal financial supervisory agency to investigate any allegation filed against a regulated financial institution regarding whether it is helping to meet the credit needs of its community. Modifies the regulatory guidelines for such institutions. Exempts from the jurisdictional purview of such Act certain wholesale financial institutions and credit card banks. Amends the Federal Deposit Insurance Act to modify the statutory standards for attachment of assets and other injunctive relief regarding depository institutions. Requires each appropriate Federal banking agency to conduct a paperwork reduction review with respect to the extent to which regulations require insured depository institutions to produce unnecessary internal written polices, and eliminate such requirements, if appropriate. Modifies the guidelines for the assessment base for deposit insurance premiums. Requires an appropriate Federal banking agency to include a detailed corroborating statement with its certification that a rule will not have a significant economic impact upon a substantial number of small depository institutions. Requires each appropriate Federal banking agency to establish a separate Office of Regulatory Quality to determine and monitor the quality of its regulatory activities. Title III: Non-Supervisory Reforms - Subtitle A: Expedited Funds Availability and Electronic Transfers - Amends the Expedited Funds Availability Act to modify the funds availability schedules for certain checks deposited at automated teller machines. Makes the availability schedule for new accounts applicable during the 90-day (currently 30-day) period beginning on the date the account is established. Authorizes the Board of Governors of the Federal Reserve System (the Board) to establish rules regarding losses and liability among depository institutions and other entities participating in the payments system, including States and political subdivisions on which checks are drawn. Subtitle B: Amendments to the Truth in Lending Act - Amends the Truth in Lending Act to: (1) exempt from its purview credit transactions involving consumers whose income or net worth exceeds specified thresholds; and (2) declare that unintentional errors which do not materially understate the cost to the obligor of certain credit transactions will not negate the effective delivery of certain disclosure requirements concerning the debtor's right of rescission. Subtitle C: Truth-In-Savings Amendments - Establishes a temporary regulatory compliance moratorium for certain small-sized depository institutions. Requires the Board to conduct a cost benefit analysis and report to the Congress on the impact of regulatory compliance upon small-sized depository institutions and their customers. Subtitle D: Homeownership Amendments - Amends the Real Estate Settlement Procedures Act of 1974 to require lenders who finance the purchase of residential real estate to provide certain information booklets to borrowers within three business days after the application is received unless the lender denies application within such time period. Amends the Home Mortgage Disclosurer Act of 1974 to repeal the exemption granted certain small-sized depository institutions with respect to certain home mortgage disclosure requirements. Amends the Competitive Equality Banking Act of 1987 to apply the definition of "adjustable rate mortgage loan" to certain consumer loans. Amends the Housing and Urban Development Act of 1968 to repeal the notification requirement regarding the availability of homeownership counseling for eligible homeowners who fail to make timely payments.
Law· HRH.R. 5428 (102nd)enacted
United States · United States Congress · 18 June 1992
Military Construction Appropriations Act, 1993 - Appropriates funds for FY 1993 for military construction functions administered by the Department of Defense (DOD) in specified amounts for: (1) military construction, Army; (2) military construction, Navy; (3) military construction, Air Force; (4) military construction, defense agencies (including a transfer of funds); (5) North Atlantic Treaty Organization (NATO) infrastructure; (6) military construction, Army National Guard; (7) military construction, Air National Guard; (8) military construction, Army Reserve; (9) military construction, Naval Reserve; (10) military construction, Air Force Reserve; (11) family housing, Army; (12) family housing, Navy and Marine Corps; (13) family housing, Air Force; (14) family housing, defense agencies; (15) homeowners assistance fund, defense; and (16) the Department of Defense Base Closure Accounts (including a transfer of funds). Prohibits funds appropriated in military construction appropriation Acts from being expended for payments under a cost-plus-a-fixed-fee contract for work in excess of $25,000 to be performed within the United States, except Alaska, without the specific approval of the Secretary of Defense. Allows DOD construction funds to be available for: (1) the hire of passenger motor vehicles; and (2) advances to the Department of Transportation's Federal Highway Administration for the construction of defense access roads when certified by the Secretary as important to the national defense. Prohibits funds appropriated in this Act from being used to begin construction of new bases inside the continental United States for which specific appropriations have not been made. Prohibits military construction appropriation Act funds from being used: (1) to purchase land or easements for an amount in excess of 100 percent of their appraised value, with exceptions; (2) to acquire land, prepare sites, or install utilities for military family housing, except housing for which funds have been made available in military construction appropriation Acts; (3) to transfer or relocate any activity from one base or installation to another, without prior notification to the Senate and House Appropriations Committees; and (4) for the procurement of steel for any construction project or activity for which American steel producers, fabricators, and manufacturers have been denied the opportunity to compete. Prohibits funds available to DOD for military construction or family housing during the current fiscal year from being used to pay real property taxes in any foreign country. Prohibits funds appropriated in military construction Acts: (1) from being used to initiate a new installation overseas without prior notification to the Appropriations Committees; (2) from being obligated for architect and engineer contracts estimated to exceed $500,000 for projects to be accomplished in Japan or any NATO-member country, unless such contracts are awarded to U.S. firms or U.S. firms in joint venture with host nation firms; and (3) for U.S. military construction projects in U.S. territories and possessions in the Pacific and on Kwajalein Atoll from being used to award any contract estimated to exceed $1,000,000 to a foreign contractor, with an exception. Directs the Secretary to inform the Appropriations Committees and the Senate and House Armed Services Committees of the plans and scope of any military exercise involving U.S. personnel 30 days prior to its occurrence if amounts expended for construction for such exercise are anticipated to exceed $100,000. Transfers certain funds of the Military Family Housing Management Account to the appropriations for family housing. Prohibits more than 20 percent of the funds appropriated in military construction appropriation Acts which are limited for obligation during the current fiscal year from being obligated during the last two months of the fiscal year. Makes certain prior year funds available for military construction authorized during the second session of the 102d Congress. Directs the Secretary to report by February 15 annually to the Appropriations Committees detailing specific actions proposed to be taken by DOD during that fiscal year to encourage other member-nations of NATO, Japan, and Korea to assume a greater share of the common defense burden of such nations and the United States. Permits certain expired or lapsed funds to be used to pay certain overhead and other costs associated with military construction or family housing projects. Allows funds appropriated for military construction projects to be obligated until the end of the fourth fiscal year after the fiscal year in which the funds were appropriated, with certain conditions. Limits the amount of funds that may be obligated for the contract cleaning of military family housing units. Authorizes the transfer of unobligated DOD military construction and family housing operation and maintenance and construction funds to the foreign currency fluctuations, construction, defense appropriation. Prohibits any funds appropriated in this Act from being available for study, planning, design, or architect and engineer services related to the relocation of the Yongsan Garrison, Korea. Requires funds necessary for annual pay raises for programs funded by military construction appropriations Acts to be absorbed within the levels appropriated in each such Act. Considers defense access roads for Camp McCain, Mississippi, as fully meeting the requirement of certification by the Secretary as important to the military or civilian defense. Reconvenes the environmental response task force established under the National Defense Authorization Act for Fiscal Year 1991 and requires such task force, until all military base closure and realignment activities are completed, to: (1) monitor the progress of relevant Federal and State agencies in implementing the recommendations of the task force with respect to ways to improve, consolidate, and streamline environmental response actions taken at such installations; and (2) report to the Congress on ways to expedite and improve such actions.
Bill· HRH.R. 5418 (102nd)open
United States · United States Congress · 17 June 1992
Amends the Appalachian Regional Development Act of 1965 to include Roanoke and Rockbridge, Virginia, as part of the Appalachian region.
Bill· HRH.R. 5416 (102nd)referred
United States · United States Congress · 17 June 1992
Amends the United States Housing Act of 1937 to give rental assistance priority to persons who are unable to return to their homes upon discharge from a hospital or nursing home because of physical or mental impairment.
Bill· HRH.R. 5420 (102nd)referred
United States · United States Congress · 17 June 1992
Amends the Internal Revenue Code to exclude cooperative housing corporations from the limitations on deductions incurred by certain membership organizations in transactions with their members. Prohibits patronage losses of an organization from being used to offset earnings which are not patronage earnings. Specifies earnings to be treated as patronage earnings in the case of cooperative housing corporations.
Law· HRH.R. 5400 (102nd)enacted
United States · United States Congress · 16 June 1992
Comprehensive Service Programs for Homeless Veterans Act of 1992 - Directs the Secretary of Veterans Affairs to establish and operate, through September 30, 1995, a pilot program to expand and improve the benefits and services to homeless veterans. Includes within such program: (1) the establishment of up to four additional demonstration programs to be centers for such veterans; and (2) the placement of veterans benefits counselors at a specified number of sites at which the Secretary furnishes services to homeless mentally ill veterans and domiciliary care to homeless veterans and at centers which provide readjustment counseling. Requires the Secretary to make grants to assist eligible entities in establishing new programs to furnish outreach, rehabilitative services, vocational counseling and training, and transitional housing assistance to homeless veterans. Sets forth grant award and application criteria. Prohibits grants from being used to support operational costs of a grantee, except as provided by this Act. Prohibits the making of a grant unless the applicant agrees to: (1) provide services for which the grant is furnished at locations accessible to homeless veterans; (2) maintain referral networks for, and aid such veterans in, establishing eligibility for assistance and obtaining services under available entitlement and assistance programs; (3) ensure the confidentiality of records maintained on homeless veterans receiving services under the grant; (4) establish procedures for accounting with respect to the grant; and (5) with respect to service centers, meet specified requirements concerning service hours, space for Federal agencies and other organizations, and necessary services. Requires the Secretary to provide per diem payments to a grant recipient for services furnished to any homeless veteran: (1) whom the Secretary has referred to the recipient; or (2) for whom the Secretary, within three working days, has authorized the provision of services. Authorizes the Secretary, in lieu of per diem payments, to provide a recipient with in-kind assistance. Permits the Secretary to inspect the facilities of any entity eligible for payments. Directs the Secretary to require the director of each medical center and regional benefits office of the Department of Veterans Affairs to: (1) assess the needs of homeless veterans living within the area served by the center or regional office; and (2) catalogue programs of the Department, agencies of the Federal, State, and local governments, and nongovernmental organizations which provide services to homeless persons in such area. Requires the Secretary to compile assessment information for use in program planning and to carry out laws relating to assistance to homeless veterans. Directs the Secretary to assign employees of the Veterans Benefits Administration to conduct outreach programs and services for homeless veterans. Amends the Veterans' Benefits and Services Act of 1988 to extend community-based residential care for homeless chronically mentally ill veterans through September 30, 1995. Extends through December 31, 1995, the authority of the Secretary to enter into agreements to make real properties acquired as a result of loan defaults available for housing assistance for homeless veterans. Authorizes appropriations.
Bill· HRH.R. 5379 (102nd)referred
United States · United States Congress · 11 June 1992
Education of the Deaf Act Amendments of 1992 - Title I: Special Institutions for Individuals Who Are Deaf - Amends the Education of the Deaf Act of 1986 (the Act) to revise and consolidate provisions for elementary and secondary education programs which Gallaudet University (Gallaudet) operates, including the Kendall Demonstration Elementary School and the Model Secondary School for the Deaf. Requires such programs to serve students with a broad spectrum of needs, including, for example, students who are lower functioning academically, who come from non-English speaking homes, or who have additional disabling conditions. Extends certain rights and procedural safeguards under the Individuals with Disabilities Education Act to children placed in such elementary and secondary education programs operated by Gallaudet. Revises provisions for the National Technical Institute for the Deaf (NTID) to require the Secretary of Education (the Secretary) and the institution of higher education with which the Secretary has an agreement to operate and maintain NTID to: (1) assess the need for modification of the agreement; and (2) periodically update the agreement as necessary. Defines foreign student for purposes of the Act. Requires the annual independent financial and compliance audits under the Act to be conducted in accordance with Office of Management and Budget circulars governing audits of institutions of higher education. Directs Gallaudet and the higher education institution operating NTID to provide copies of their required audit reports to the Secretary within 30 days after audit completion. Revises reporting requirements. Requires an annual report on specified NTID activities and an accounting of related indirect costs. Requires monitoring and evaluation relating to Gallaudet to include its elementary, secondary, preparatory, undergraduate, and graduate programs. Enlarges the scope of the liaison for educational programs for the deaf to include other Federal or non-Federal agencies, institutions, or organizations involved with education or rehabilitation of individuals who are deaf or hard-of-hearing. Requires such liaison to review research and other activities to determine areas of overlap and opportunities for coordination. Requires a two-to-one non-Federal matching contribution for the Gallaudet and the NTID endowment fund programs. Places certain encumbrances upon such endowment funds. Revises limitations on withdrawals or expenditures from its endowment fund corpus and income, for both Gallaudet University and NTID. Adds recordkeeping, auditing, and reporting requirements with respect to such endowment funds. Adds requirements for enrollment and tuition at Gallaudet and NTID. Limits enrollment of foreign students to a maximum of ten percent of the total: (1) postsecondary student enrollment at Gallaudet; and (2) enrollment at NTID. Requires a tuition surcharge for foreign students at both institutions. Extends the authorization of appropriations for: (1) the Gallaudet endowment program; (2) the NTID endowment program; (3) Gallaudet University, and elementary and secondary education programs at Gallaudet; (4) NTID; and (5) monitoring and evaluation activities. Requires that any Federal funds appropriated for Gallaudet University (including the Kendall Demonstration Elementary School and the Model Secondary School for the Deaf) be expended in accordance with the Federal cost principles for educational institutions, as modified by the Secretary to reflect the unique nature of Gallaudet and NTID. Title II: Technical Amendments; Repeal; Effective Date - Sets forth various technical amendments to the Act and the effective date of this Act. Repeals provisions for the Commission on Education of the Deaf. Changes the title of the Act to the Education of Individuals Who Are Deaf Act.
Law· HRH.R. 5368 (102nd)enacted
United States · United States Congress · 10 June 1992
Title I: Multilateral Assistance - Makes appropriations for FY 1993 for the U.S. contribution to the: (1) International Bank for Reconstruction and Development (World Bank); (2) International Development Association; (3) International Finance Corporation; (4) Inter-American Development Bank; (5) Asian Development Bank; (6) Asian Development Fund; (7) African Development Fund; (8) European Bank for Reconstruction and Development (EBRD); and (9) the Enterprise for the Americas Investment Fund. Makes appropriations for FY 1993 for international programs and organizations. Limits the callable capital portion of the U.S. share of increases in the stock of the World Bank, the Inter-American Development Bank, the Asian Development Bank, and the EBRD. Title II: Bilateral Economic Assistance - Makes appropriations for FY 1993 for: (1) development assistance (including development assistance for Subsaharan Africa); (2) capital and infrastructure assistance activities; (3) the cost of direct loans and loan guarantees of funds derived from the Negative Subsidy Special Fund; (4) American schools and hospitals abroad; (5) international disaster assistance; (6) the Foreign Service Retirement and Disability Fund; (7) operating expenses of the Agency for International Development (AID) and the AID Office of Inspector General; (8) worldwide housing guarantees and for administrative expenses of such program; (9) the cost of modifying specified concessional loans and assets acquired by the Commodity Credit Corporation; (10) economic support fund assistance; (11) economic assistance to the Philippines; (12)economic assistance for Eastern Europe; (13) humanitarian and technical assistance to the former republics of the Soviet Union; (14) the African Development Foundation; (15) the Inter-American Foundation; (16) Overseas Private Investment Corporation (OPIC) direct and guaranteed loans, equity investment, and OPIC administrative expenses; (17) the Peace Corps (prohibits the use of such funds for abortions); (18) international narcotics control; (19) migration and refugee assistance, salaries and expenses authorized by the Foreign Service Act of 1980, and specified allowances and the hire of passenger motor vehicles; (20) the Emergency Refugee and Migration Assistance Fund; and (21) antiterrorism assistance. Title III: Military Assistance - Makes appropriations for FY 1993 for: (1) international military education and training; (2) foreign military financing and direct loans; and (3) international peacekeeping operations. Permits the procurement of defense articles and services or design and construction services not sold by the U.S. Government only by countries for which assistance was justified for the foreign military financing program in the FY 1989 congressional presentation for security assistance programs. Directs the Department of Defense, as requested by the Defense Security Assistance Agency, to conduct audits of private firms whose contracts are made directly with foreign governments and are financed with funds made available for foreign military financing grants or loans. Limits the amount of funds obligated for: (1) necessary expenses of the foreign military financing grant program; and (2) the Special Defense Acquisition Fund. Amends the Arms Export Control Act to redesignate the Guaranty Reserve Fund as the Foreign Military Loan Liquidating Account. Title IV: Export Assistance - Prohibits the use of Export-Import Bank funds for nuclear exports to a non-nuclear weapon state. Makes appropriations for FY 1993 for: (1) subsidizing gross obligations for the principal amount of direct loans, tied-aid grants, and total loan principal under Export-Import Bank programs; (2) administrative expenses to carry out the Bank's direct and guaranteed loan and insurance programs; and (3) the Trade and Development Program. Title V: General Provisions - Prohibits the use of funds appropriated in this Act (other than funds appropriated for international organizations and programs) for any water or related land resource project which has not met specified standards or criteria for such projects proposed for construction in the United States. Prohibits using funds made available pursuant to this Act for: (1) retirement pay for any person serving in the armed forces of any recipient country; (2) procurement contracts which do not authorize the termination of such contract for the convenience of the United States; or (3) paying any assessments, arrearages, or dues of any member of the United Nations. Prohibits using any of the funds appropriated in title II of this Act to carry out the transfer of funds to international or multilateral lending institutions. Limits the amount of funds made available under this Act to be used for: (1) official residence expenses, entertainment expenses, and representation allowances of AID; (2) entertainment expenses and representation allowances for foreign military financing programs, the Inter-American Foundation, and the Trade and Development Program; and (3) entertainment expenses for international military education and training programs and the Peace Corps. Prohibits the use of funds made available under this Act (other than funds for international organizations and programs) to finance the export of nuclear equipment, fuel, or technology. Prohibits the use of funds made available under this Act to: assist any foreign government in repressing the legitimate rights of its population; (2) finance assistance or reparations to Cuba, Iraq, Libya, Vietnam, Iran, or Syria; or (3) finance assistance to any country whose elected head of government is deposed by military coup. Prohibits the transfer of funds made available under this Act to other accounts unless the President provides a policy justification to the Appropriations Committees. Continues the availability of certain AID funds and funds for foreign military financing under the Arms Export Control Act, provided the Appropriations Committees are notified. Prohibits appropriations under this Act from remaining available after expiration of the current fiscal year, except as provided in this Act. Prohibits the use of funds made available under this Act to: (1) assist a country in default for more than a year on a loan under a program for which funds are appropriated under this Act (exempts from such prohibition funds for Nicaragua and for narcotics-related assistance for Colombia, Bolivia, and Peru); (2) be made available to any international financial institution whose U.S. representative cannot obtain the amounts and names of borrowers of all loans of such institution; or (3) be made available to any international financial institution whose U.S. representative cannot obtain any document developed by or in the possession of the management, unless such representative certifies that the confidentiality of information is essential to the institution's operation. Sets forth congressional notification requirements for the obligation of funds. Limits expenditures for consulting services through procurement contracts. Prohibits the use of funds appropriated under this Act to lobby for abortion. Prohibits the use of development assistance funds to pay for: (1) abortions or involuntary sterilizations as a method of family planning or to motivate or coerce any persons to practice abortions or undergo sterilization; or (2) any biomedical research concerning abortions or involuntary sterilization as a method of family planning. Reaffirms the congressional commitment to population, development assistance and the need for informed voluntary family planning. Authorizes funds for development and economic support assistance to be made available for humanitarian assistance to the Afghan people. Prohibits funds made available by this Act for a private voluntary organization which fails to provide records necessary for an AID audit. Allows earmarked funds to be reprogrammed for other programs within the same account if: (1) compliance with the earmark is made impossible by any Act; or (2) with respect to countries with which the United States has base agreements, the President determines that the recipient of funds has reduced its military or economic cooperation with the United States. Sets forth notification requirements for the reprogramming of such funds. Authorizes development and economic support assistance to be made available for humanitarian assistance for Cambodians. Amends the Foreign Assistance Act of 1961 to set forth the value of additions to stockpiles for FY 1992 and 1993. Extends the period during which the President may waive prohibitions on assistance to Pakistan to April 1, 1994. Authorizes development and economic support assistance funds to be made available for Lebanon. Permits funds appropriated by title II of this Act for activities relating to research on, and treatment and control of, acquired immune deficiency syndrome or for supporting specified programs to reduce emissions of greenhouse gases to be obligated notwithstanding restrictions on assistance to foreign countries.
Law· HRH.R. 5334 (102nd)enacted
United States · United States Congress · 5 June 1992
Housing and Community Development Act of 1992 - Title I: Housing Assistance - Subtitle A: General Provisions - Amends the United States Housing Act of 1937 with respect to: (1) low-income housing authorization; (2) extension of ceiling rents; (3) exclusions from income under Indian housing programs; (4) public and section 8 housing tenant preference rules; and (5) family self-sufficiency program. Subtitle B: Public and Indian Housing - Amends the United States Housing Act of 1937, the Housing and Urban-Rural Recovery Act of 1983, the Cranston-Gonzales National Affordable Housing Act, and the Department of Housing and Urban Development Reform Act of 1989 with respect to: (1) major reconstruction of obsolete projects; (2) public housing tenant preferences, operating subsidies, resident management, homeownership, family investment centers, and early childhood development services; (3) vacancy reduction; (4) Indian housing childhood development services; (5) exemption of Indian housing program from any new construction limitation; (6) public housing one-stop perinatal services demonstration; (7) the National Commission on Distressed Public Housing; (8) the National Commission on American Indian, Alaska Native, and Native Hawaiian Housing; and (9) the sale of certain scattered-site housing. Subtitle C: Section 8 Assistance - Amends the United States Housing Act of 1937 to revise the section 8 rental assistance program. Directs the Secretary of Housing and Urban Development (HUD) to issue regulations to implement certain amendments to the Cranston-Gonzales National Affordable Housing Act with respect to: (1) the project-based certificate program; and (2) income eligibility for new construction units. Directs the Secretary to carry out a demonstration program to provide tenant-based assistance to very low-income families with children who reside in public housing to move out of areas of high concentrations of persons living in poverty to areas with low concentrations of such persons. Subtitle D: Other Programs - Amends the Anti-Drug Abuse Act of 1988 and the Public and Assisted Housing Drug Elimination Act of 1990 with respect to elimination of drug abuse in public housing. Amends the Housing and Community Development Amendments of 1978 with respect to the flexible subsidy program. Amends the Housing and Urban Development Act of 1968 with respect to housing counseling. Amends the Stewart B. McKinney Homeless Assistance Amendments Act of 1988 with respect to the use of funds recaptured from refinancing State and local finance projects. Amends the Cranston-Gonzales National Affordable Housing Act to authorize the Secretary to make planning and implementation grants for the development of Youthbuild education and job training programs for youth in rental housing projects occupied by low- and very low-income families, especially school drop-outs. Authorizes appropriations. Subtitle E: Homeownership Programs - Amends the United States Housing Act of 1937 and the Cranston-Gonzales National Affordable Housing Act with respect to: (1) HOPE homeownership programs; (2) the National Homeownership Trust demonstration; (3) Nehemiah housing opportunity grants; and (4) assistance under section 8 for homeownership. Authorizes the Secretary to guarantee up to 100 percent of housing construction, acquisition, or rehabilitation loans made to an Indian family or Indian housing authority. Title II: Home Investment Partnerships - Amends the Cranston-Gonzales National Affordable Housing Act with respect to the home investment partnerships program to: (1) extend the authorization of appropriations; (2) eliminate certain restrictions on new construction; (3) allow the use of tenant-based rental assistance amounts for security deposits; (4) revise per unit cost limits; (5) make payment of certain administrative costs an eligible use of investment funds; (6) qualify as affordable rental housing certain housing not currently assisted by the low-income housing tax credit; (7) require repayment of certain housing assistance to the participating jurisdiction from the proceeds of any resale of affordable homeownership housing; and (8) revise matching requirements. Provides for: (1) assistance to insular areas; (2) establishment of community housing development organizations; (3) housing education and organizational support for community land trusts; and (4) eligibility as a first-time homebuyer of an owner of a manufactured home. Directs the Secretary to make available a model program to use cost-saving innovative building technologies and construction techniques for purposes of providing homeownership and rental opportunities. Requires State and local housing strategies to follow residential displacement and relocation assistance plans. Title III: Preservation of Low-income Housing - Amends the Housing and Community Development Act of 1987 to extend the authorization of appropriations. Revises provisions with respect to: (1) submission of information to tenants; (2) approval of a plan for action; (3) receipt of incentives to extend low-income use; (4) unit rent criteria for approval of a plan of action; (5) the resident homeownership program; (6) incentives under the Emergency Low Income Housing Preservation Act; (7) insurance for second mortgage financing; and (8) supplemental loans. Eliminates the windfall profits test. Directs the Secretary to study and report to the Congress on housing projects assisted under flexible subsidy program. Title IV: Multifamily Housing Planning and Investment Strategies - Requires the owner of each covered multifamily housing property to submit to the Secretary a comprehensive needs assessment of the property, which shall first be reviewed for comment by property residents and, if the property is financed or assisted it, a State housing finance agency. Title V: Mortgage Insurance and Secondary Mortgage Market - Subtitle A: FHA Mortgage Insurance Programs - Amends the National Housing Act with respect to FHA mortgage insurance programs to revise: (1) limitations on the Secretary's insurance authority; (2) (and postpone) the termination of the Federal Housing Administration Advisory Board; (3) the maximum mortgage amount; (4) the maximum principal obligation of mortgages for veterans; (5) authority to decrease insurance premium charges; (6) the statute of limitations for distributive shares; (7) mortgage limits for multifamily projects; (8) provisions for insurance of loans for operating losses of multifamily projects; (9) expedited procedures for insurance for acquisition of Resolution Trust Corporation property; and (10) manufactured home loan insurance limits. Repeals the warranty requirement. Prohibits the Secretary from limiting the amount of closing costs financed in a mortgage. Directs the Secretary to establish an energy efficient mortgage pilot program in five States, which shall promote the purchase of new and existing energy efficient residential buildings and the installation of cost-effective improvements in existing residential buildings. Subtitle B: Secondary Mortgage Market Programs - Amends the Federal National Mortgage Association Charter Act to revise the limitation on Government National Mortgage Association (GNMA) guarantees of mortgage-backed securities. Title VI: Housing for Elderly Persons, Handicapped Persons, and Persons With Disabilities - Subtitle A: In General - Amends the Housing Act of 1959 and the Cranston-Gonzales National Affordable Housing Act with respect to: (1) supportive housing for the elderly and for persons with disabilities; (2) the congregate housing services program; (3) the HOPE for elderly independence program; and (4) housing opportunities for persons with AIDS. Subtitle B: Authority to Provide Designated Public Housing - Amends the United States Housing Act of 1937 to revise a public housing agency's basic authority to provide designated public housing. Requires a public housing agency to set-aside a portion of section 8 assistance for handicapped and disabled families. Directs the Secretary to reserve funds for the development and reconstruction of housing for handicapped and disabled families. Subtitle C: Standards and Obligations of Residency and Service Coordination in Federally Assisted Housing - Directs the Secretary to require owners of federally assisted housing, as a condition of receiving housing assistance, to comply with this subtitle. Directs the Secretary to establish a task force to review HUD policy and recommend criteria for occupancy in federally assisted housing. Requires the Secretary, subsequently, to issue regulations to establish such criteria, and owners to accept only occupants who meet them. Directs the Secretary to require owners of federally assisted housing projects to provide for one or more individuals ("service coordinators") to coordinate supportive services for older or disabled residents. Subtitle D: Applicability - Sets forth the effective date of these subtitles. Title VII: Rural Housing - Amends the Housing Act of 1949 to extend: (1) the authorization of appropriations and loan insurance and guarantee authority of the rural housing program; (2) the rural housing voucher demonstration program; (3) the rental housing loan program; and (4) authority for mutual and self-help housing grants and loans. Revises eligibility requirements for loans for housing and buildings on adequate farms to authorize such loans for homes on leased land owned by community land trusts. Revises requirements for: (1) maximum income of borrowers under guaranteed loans; (2) designation of underserved areas and reservation of assistance; (3) rental housing loans; and (4) housing preservation grants for replacement of housing. Designates Plainview, Texas, a rural area under the rural housing program. Title VIII: Community Development - Subtitle A: Community Development Block Grants - Amends the Housing and Community Development Act of 1974 to extend the authorization of appropriations for community development block grants, special purpose grants, and the authority for loan guarantees. Revises requirements with respect to: (1) units of general local government; (2) grants to nonentitlement areas; (3) State community development plans and reports; and (4) eligible activities. Amends the Cranston-Gonzales National Affordable Housing Act with respect to assistance for colonias. Subtitle B: Other Community Development Programs - Directs the Secretary to establish a program to assist State and local governments to develop computerized databases of community development needs, including grants for installation and use of integrated database systems and computer mapping tools. Authorizes appropriations. Amends the Neighborhood Reinvestment Corporation Act to extend the authorization of appropriations for the Neighborhood Reinvestment Corporation. Amends the Housing and Urban-Rural Recovery Act of 1983 to extend the authorization of appropriations for the neighborhood development demonstration program. Title IX: Regulatory and Miscellaneous Programs - Amends the Housing and Urban Development Act of 1970 to extend the authorization of appropriations for the HUD research and development program. Makes technical amendments to the Housing and Community Development Act of 1974 and the National Housing Act with respect to the National Institute of Building Sciences. Amends the Housing and Community Development Act of 1974 to extend the authorization of appropriations for the fair housing initiatives program. Amends the Department of Housing and Urban Development Act with respect to: (1) use of negotiated rulemaking procedures; and (2) extended authorization of HUD program monitoring and evaluation activities. Amends the Cranston-Gonzales National Affordable Housing Act to extend the authorization of appropriations for the National Commission on Manufactured Housing. Amends the Real Estate Settlement Procedures Act of 1974 with respect to its applicability to second mortgages and refinancings. Amends the Home Mortgage Disclosure Act of 1975 with respect to mortgage loans insured through private mortgage insurance. Amends the Community Reinvestment Act of 1977 with respect to credit given majority-owned financial institutions for cooperative ventures with nonminority-owned and nonwomen-owned financial institutions and low-income credit unions. Declares that specified certification requirements of the Department of Housing and Urban Development Reform Act of 1989 shall not apply to assistance for multifamily projects during a certain period of time. Directs the Secretary to reestablish the Solar Bank. Amends the Housing Act of 1959, as amended by the Cranston-Gonzales National Affordable Housing Act, with respect to labor wage rates under construction programs for supportive housing for the elderly and for persons with disabilities. Amends the Cranston-Gonzales National Affordable Housing Act with respect to energy efficient mortgages. Amends the Housing and Urban Development Act of 1968 to direct the Secretary to require public housing agencies and Indian housing authorities, and their contractors and subcontractors, to make their best efforts (including contract awards) to give low- and very low-income persons the training and employment opportunities generated by Federal housing and community development assistance. Requires a study and report to the Congress on the effectiveness of this program. Authorizes appropriations to the National American Indian Housing Council for training and assistance to Indian housing authorities. Title X: Housing Programs Under Stewart B. McKinney Homeless Assistance Act - Stewart B. McKinney Homeless Assistance Amendments Act of 1992 - Amends the Stewart B. McKinney Homeless Assistance Act to extend the authorization of appropriations for the: (1) emergency shelter grants program; (2) supportive housing demonstration program; (3) supplemental assistance for facilities to assist the homeless; (4) shelter plus care program; and (5) section 8 assistance for single room occupancy dwellings. Requires such programs to: (1) use, to the maximum extent practicable, homeless individuals and families in constructing or rehabilitating housing assisted under them and in providing specified services; and (2) require each assistance recipient to provide for the participation of at least one homeless or former homeless individual on its board of directors or equivalent policy making entity, or otherwise provide for the consultation and participation of such individual in policy- and decision-making. Authorizes the Secretary to provide assistance for a safe havens for homeless individuals demonstration program, especially for eligible persons unable to participate in mental health treatment programs or to receive other supportive services. Prohibits the Secretary from making available for lease any single family properties once acquired for use by the homeless before listing and making them generally available for sale for at least 30 days. Directs the Secretary of Agriculture to make eligible properties available for acquisition by qualified applicants for use only to provide rural housing for homeless individuals and families. Requires employment of the homeless in construction and rehabilitation of such properties, as well as participation in policy- and decision-making. Directs the Secretary of Agriculture to establish a rural homelessness program of grants to eligible organizations to pay for the Federal share (75 percent) of the cost of direct emergency assistance to the homeless, as well as homelessness prevention assistance and assistance in finding permanent housing and supportive services. Authorizes appropriations. Amends the Cranston-Gonzales National Affordable Housing Act to require evaluations of programs by the homeless. Specifies restrictions on the allocation formula for revised homeless housing assistance. Directs the Secretary of HUD to consult with the chief executive officers of the States and the Department of Defense and report to the Congress on the availability of National Guard facilities as overnight shelters for homeless individuals.
Bill· SS. 2809 (102nd)referred
United States · United States Congress · 4 June 1992
State Initiatives in Child Welfare Act of 1992 - Title I: Child Welfare Entitlement Program - Amends title IV of the Social Security Act to create a capped entitlement program under a new part C, Child Welfare Entitlement. States that the purpose of this new part is to grant States the flexibility and resources necessary to provide appropriate services and activities to: (1) preserve and strengthen families with children at risk of needing placement outside their home; (2) reunite children with their families if an out-of-home placement is found to be necessary; (3) place children in adoptive homes or other permanent arrangements in a timely fashion if reunification with their families is not in the best interest of the child; and (4) ensure the well-being of children referred to public officials because of suspected or actual abuse or neglect. Sets forth criteria which States must meet in order to qualify for payments under such entitlement program. Provides for allotments and payments to qualified States, and supplemental payments under certain conditions. Provides that, except with respect to certain restrictions, States may use payments under this part in any manner that the State child welfare agency deems appropriate to accomplish the purpose of the part. Establishes a penalty for misuse of funds. Sets forth administrative provisions. Terminates such new entitlement program after FY 1997. Title II: Federal Oversight And Technical Assistance - Amends part B (Child-Welfare Services) of title IV of the Social Security Act to require State plans under such part to: (1) afford certain protections to foster children; (2) contain certifications respecting proper use of part B program payments and State audits of program expenditures; and (3) contain assurances respecting State compliance with Federal guidelines for protecting foster children. Amends part E (Foster Care and Adoption Assistance) of title IV of the Social Security Act to require State plans under such part to contain similar certifications. Directs the Secretary of Health and Human Services (HHS) to provide for broker technical assistance to States with respect to child welfare. Provides funding for such assistance. Places a two-year moratorium on child protection compliance reviews and on disallowances and deferrals of expenditures under the Child-Welfare Services program. Establishes the Commission on Child Welfare Accountability (the Commission) to recommend to the Congress and the Secretary methods by which the Federal Government can better ensure the protection of children referred to State child protective services programs and the accountability of such programs. Authorizes appropriations. Requires each State to transmit to the Secretary and the Commission on Improvement of Child Protective Services Programs a report outlining the efforts that the State has made to ensure the uninterrupted provision of child protections under the Child-Welfare Services program. Requires HHS recommendations on a new accountability system for the protection of children to be transmitted to the Commission. Title III: Creating Reliable Information On Child Welfare - Amends part E to set June 1, 1992, as the deadline for final regulations providing for the implementation of a system currently authorized for the collection of data on adoption and foster care. Requires such regulations to provide for full implementation of such system by FY 1993. Provides for demonstration projects on foster care prevention, family reunification, and adoption assistance services. Requires HHS studies on State administration of Foster Care and Adoption Assistance programs. Authorizes appropriations. Amends part E to provide for a 90 percent match for data collection and information retrieval systems.
Bill· HRH.R. 5327 (102nd)referred
United States · United States Congress · 4 June 1992
Housing for the Elderly Improvement Act of 1992 - Title I: General Improvements to Programs Providing Housing for the Elderly - Amends the Department of Housing and Urban Development Act to establish in the Department of Housing and Urban Development (HUD) a position of Assistant Secretary for Supportive Housing to administer the supportive housing programs of HUD, including programs for the elderly and the disabled. Directs the Secretary (Secretary) of HUD, through the Assistant Secretary for Supportive Housing, to review and report to the Congress with regard to: (1) HUD multifamily projects and services, including projects and local housing markets for the elderly; and (2) the adequacy of HUD funding and geographic targeting of resources for housing for the elderly. Requires each unit in newly constructed assisted housing for the elderly to be protected by an automatic sprinkler system and smoke detector. Directs the Secretary to: (1) conduct a study and report to the Congress with respect to fire safety levels in HUD housing for the elderly; and (2) enter into agreements with local housing agencies to provide one-stop housing assistance applications for elderly persons and persons with disabilities. Title II: Section 202 Supportive Housing for the Elderly - Amends the Housing Act of 1959 to extend authorization of appropriation authority, with regard to housing for very low-income elderly persons for: (1) capital advances; and (2) rental assistance. Authorizes the Secretary to use residential receipts and replacement reserves for maintenance and services. Creates separate tenant rent contribution formulas for efficiency units and for one or more bedroom units. Amends the Housing Act of 1959 to permit owners to accomodate shared housing arrangements in design flexibility and tenant selection. Directs the Secretary to carry out a demonstration program of mixed-income housing for the elderly, including the provision of supportive services. Title III: Revised Congregate Housing Services - Amends the Cranston-Gonzalez National Affordable Housing Act to extend authorization of appropriations for congregate housing. Authorizes the Secretary to set aside specified congregate housing appropriations for supportive services under the HOPE for elderly independence program. Revises the definition of "frail elderly" for congregate housing purposes. Sets forth applicant priority provisions. Title IV: Service Coordinators in Federally Assisted Housing - Amends the Cranston-Gonzalez National Affordable Housing Act to require congregate housing service coordinators to receive specified training with respect to elderly persons' services. Provides for such service coordinators' services under the following federally assisted housing programs: (1) congregate housing; (2) project-based section 8 housing; (3) multifamily housing; (4) rural rental housing; (5) supportive housing for the elderly (section 202); and (6) public housing. Title V: Home Repair Programs - Amends the Cranston-Gonzalez National Affordable Housing Act to obligate specified HOME investment partnership appropriations for the model home repair for the elderly and disabled program. Amends the Housing Act of 1949 to authorize appropriations for grants and loans for rural housing repair for very low-income elderly families. Title VI: Mortgage Insurance for Assisted Living Facilities - Amends the National Housing Act to make assisted living facilities for frail elderly persons eligible for mortgage insurance.
Bill· HRH.R. 5316 (102nd)referred
United States · United States Congress · 3 June 1992
State Initiatives in Child Welfare Act of 1992 - Title I: Child Welfare Entitlement Program - Amends title IV of the Social Security Act to create a capped entitlement program under a new part C, Child Welfare Entitlement. States that the purpose of this new part is to grant States the flexibility and resources necessary to provide appropriate services and activities to: (1) preserve and strengthen families with children at risk of needing placement outside their home; (2) reunite children with their families if an out-of-home placement is found to be necessary; (3) place children in adoptive homes or other permanent arrangements in a timely fashion if reunification with their families is not in the best interest of the child; and (4) ensure the well-being of children referred to public officials because of suspected or actual abuse or neglect. Sets forth criteria which States must meet in order to qualify for payments under such entitlement program. Provides for allotments and payments to qualified States, and supplemental payments under certain conditions. Provides that, except with respect to certain restrictions, States may use payments under this part in any manner that the State child welfare agency deems appropriate to accomplish the purpose of the part. Establishes a penalty for misuse of funds. Sets forth administrative provisions. Terminates such new entitlement program after FY 1997. Title II: Federal Oversight And Technical Assistance - Amends part B (Child-Welfare Services) of title IV of the Social Security Act to require State plans under such part to: (1) afford certain protections to foster children; (2) contain certifications respecting proper use of part B program payments and State audits of program expenditures; and (3) contain assurances respecting State compliance with Federal guidelines for protecting foster children. Amends part E (Foster Care and Adoption Assistance) of title IV of the Social Security Act to require State plans under such part to contain similar certifications. Directs the Secretary of Health and Human Services (HHS) to provide for broker technical assistance to States with respect to child welfare. Provides funding for such assistance. Places a two-year moratorium on child protection compliance reviews and on disallowances and deferrals of expenditures under the Child-Welfare Services program. Establishes the Commission on Child Welfare Accountability (the Commission) to recommend to the Congress and the Secretary methods by which the Federal Government can better ensure the protection of children referred to State child protective services programs and the accountability of such programs. Authorizes appropriations. Requires each State to transmit to the Secretary and the Commission on Improvement of Child Protective Services Programs a report outlining the efforts that the State has made to ensure the uninterrupted provision of child protections under the Child-Welfare Services program. Requires HHS recommendations on a new accountability system for the protection of children to be transmitted to the Commission. Title III: Creating Reliable Information On Child Welfare - Amends part E to set June 1, 1992, as the deadline for final regulations providing for the implementation of a system currently authorized for the collection of data on adoption and foster care. Requires such regulations to provide for full implementation of such system by FY 1993. Provides for demonstration projects on foster care prevention, family reunification, and adoption assistance services. Requires HHS studies on State administration of Foster Care and Adoption Assistance programs. Authorizes appropriations. Amends part E to provide for a 90 percent match for data collection and information retrieval systems.
Bill· HRH.R. 5302 (102nd)referred
United States · United States Congress · 1 June 1992
Amends the Internal Revenue Code to allow a first-time homebuyer a tax credit of ten percent of the purchase price of a principal residence. Limits such credit to $5,000. Amends the National Housing Act to prohibit the Secretary of Housing and Urban Development from limiting the closing costs financed under the Federal Housing Authority single family housing mortgage insurance program.
Bill· HRH.R. 5288 (102nd)referred
United States · United States Congress · 28 May 1992
Job Training 2000 Act - Establishes, as part of the Federal system of funding for vocational training programs: (1) a network of local skill centers to provide a common point of entry; (2) a certification system; and (3) a voucher system. Authorizes appropriations to the Secretary of Education for allocations to States and private industry councils to assist in carrying out title III of this Act, relating to certification of vocational training programs. Title I: General Provisions - Part A: Federal Responsibilities - Establishes the Federal Vocational Training Council (Federal Council), composed of the Secretaries of Labor, Education, Health and Human Services, Agriculture, and Veterans Affairs (or their designees) and such other agency heads as the President may designate. Includes among Federal Council functions: (1) advice and guidance on implementation of this Act to affected Federal, State, and local agencies and organizations; (2) ensuring application of consistent policies, practices, and procedures in Federal vocational training programs (including, through waiver authority, requiring common terms and performance standards, collection of common data, coordination and consolidation of timing and sequence, of State and local plans and reports); (3) serving as an information clearinghouse among Federal, State, and local officials; (4) evaluation of the this Act's effect on individuals, institutions, agencies, and labor markets; and (5) oversight of implementation and administration of this Act. Grants each member of the Federal Council limited waiver authority over regulations or provisions of law in their jurisdiction that would prevent application of consistent practices and procedures to the specified items. Terminates such authority three years after the effective date of this Act. Requires certain reports to the President by the Federal Council. Establishes a National Private Sector, Advisory Board on Vocational Training (Advisory Board), composed of 15 members appointed by the President. Allows the President to consider including: (1) representatives of the private sector, who shall be private sector owners or executives with substantial management or policy responsibility, to constitute a majority of the membership; (2) representatives of educational agencies, welfare and social service agencies, labor organizations, or community-based organizations; and (3) participants in vocational training programs and other individuals who have special knowledge and qualifications with respect to vocational training. Directs the Advisory Board to advise the Federal Council on carrying out its responsibilities, increasing private sector involvement in vocational training programs, and ways of ensuring that the Federal vocational training system meets labor market needs. Part B: State Human Resource Investment Council - Requires establishment of a single State human resource investment council (State Council) by each State that receives assistance under an applicable program (i.e. one under the Adult Education Act, Carl D. Perkins Vocational and Applied Technology Education Act, Job Training Partnership Act (JTPA), Rehabilitation Act of 1973, Wagner-Peyser Act, the JOBS program under AFDC provisions of the Social Security Act, specified employment and training provisions under the Food Stamp Act of 1977, specified student aid provisions for Pell Grants, Supplemental Grants, Stafford Guaranteed Loans, Work-Study Programs, and Perkins Direct Loans under the Higher Education Act of 1965, Veterans Vocational Training programs, and other programs designated by the Federal Council). Requires the State Council to advise the Governor on: (1) coordination methods, after reviewing provision of services and use of funds under applicable programs; and (2) developing, implementing, and coordinating State and local standards and measures relating to applicable programs. Requires each State Council to consist of members appointed by the Governor who are representatives of: (1) business and industry (including agriculture, where appropriate), who shall constitute a majority of the membership; (2) organized labor and community-based organizations; (3) the chief administrative office from each State agency primarily responsible for administering an applicable program; (4) the State legislature and appropriate State agencies and organizations; (5) local governments; (6) local educational agencies and postsecondary institutions; (7) local welfare and public housing agencies; and (8) individuals with special knowledge and qualifications with respect to education and career development needs of members of special populations, women, and minorities, including one individual representative of special education. Requires each State to certify to the Federal Council the establishment and membership of the State Council at least 90 days before the beginning of each period of two program years for which a Job Training 2000 plan is submitted. Part C: Additional State Responsibilities - Requires each Governor to biennially issue a statement of goals and objectives for the Job Training 2000 system established in the State pursuant to this Act, in order to assist the private industry councils prepare the Job Training 2000 Plan. Requires dissemination of such statement to private industry councils and other interested agencies, organizations, and individuals. Requires each Governor to report annually to the Federal Council on activities undertaken in the State pursuant to this Act, including specified information and additional imports as requested. Includes among each Governor's oversight responsibilities with respect to private industry councils: (1) monitoring compliance; (2) providing technical assistance; and (3) applying sanctions, including revocation of plan approval or imposition of a reorganization plan (which may be appealed to the Secretary of Labor). Part D: Local Plan and Report - Requires each private industry council (PIC) to submit to the Governor a Job Training 2000 plan for two-year periods. Requires PICs to prepare such plans in a specified manner, and in consultation with representatives of: (1) Federal vocational training programs and local public and private providers of service to such programs, including programs authorized under specified Federal laws and provisions; and (2) local business, labor, educational, and community-based organization and other interested individuals and organizations. Sets forth required contents of such plans, including provisions relating to the certification system and the voucher system under this Act. Sets forth provisions for review and approval of such plans by the Governor (with State Council advice), with opportunities for PIC plan modifications and appeals to the Secretary of Labor, and final review by such Secretary. Requires annual PIC reports to the Governor and State Council. Title II: Skill Centers - Requires each PIC, in accordance with specified consultation procedures, to designate a network of skill centers in each service delivery area (SDA) to: (1) improve individuals' access to vocational training by designating common entry points to programs; (2) better inform individuals to employment opportunities, local labor market conditions, and local vocational training programs' performance; (3) facilitate matching local employers with potential employees who meet hiring qualifications and workforce skill needs; and (4) encourage greater coordination and minimize duplication of services between federally funded vocational training programs. Allows any entity or consortium located in the SDA to apply to be designated as a skill center (including Employment Service offices, community colleges, community-based organizations, administrative entities under JTPA, and other interested organizations and entities). Sets forth skill center functions, including providing specified services in the following categories: (1) core services which each center is required to make available; (2) enhanced services which each center may make available; and (3) specialized employer services which each center may provide to employers on a fee-for-service basis (income from which must be used to expand or enhance the services such center provides). Requires that programs authorized under specified Federal provisions (under certain of the Federal laws listed as applicable programs under title I part B), participate in the operation of the skill centers. Allows other programs providing basic skills, literacy, or vocational training to participate in such center operation as a party to an agreement if the PIC and other participating programs approve. Sets forth requirements for skill center: (1) designation procedures (including publication of notice, consultation, selection criteria, and charter issuance); (2) participating programs agreements with PIC (including exceptions where a participating program may be allowed to provide specified core services in addition to center provision of such services); (3) performance standards (prescribed by the Secretary of Labor in consultation with the Federal Council, with adjustments and additions by each Governor, and with sanctions for noncompliance); and (4) incentive grants, to be awarded to skill centers by Governors from funds available under specified provisions of the Wagner-Peyser Act (Employment Service) and the JTPA. Title III: Certification System for Federal Vocational Training - Directs the Secretary of Education to allocate funds (appropriated pursuant to the authorization under this Act) to the States and PICs to assist in carrying out a certification system to: (1) ensure that only high quality vocational training programs are eligible to receive Federal funds; (2) establish performance standards to increase effectiveness of vocational training programs; and (3) promote the availability of information on the local level regarding performance of vocational training programs. Provides that such allocations shall be based on factors deemed appropriate by such Secretary, in consultation with the Federal Council. Requires a vocational training program provided by an institution or other service provider (except an on-the-job training program) to be certified in order to be eligible to receive Federal funds under specified covered programs (including those under certain of Federal laws and provisions listed as applicable programs under title I part B and mandatory participating programs under title II). Directs the Secretary of Education, in consultation with the Federal Council, to prescribe performance standards for vocational training programs provided by an institution or other service provider. Prohibits such standards from being revised more frequently than once every two years. Requires such standards to address: (1) the institution's financial responsibility; (2) program costs; (3) student withdrawal rates; (4) student loan default rate at the institution; (5) graduate licensure rates; and (6) graduate employment placement, retention, and earnings. Authorizes additional standards based on other measures of program effectiveness in meeting special needs of disadvantaged students and in preparing students for employment, including meeting relevant industry skill standards. Allows PICs to modify levels of successful performance under each such standard, if local conditions so justify and if State and Federal approval is given. Sets forth certification procedures, including: (1) designation of a single State agency to certify programs, collect data, issue guidelines, and determine information to be included in applications; (2) role of the PIC (in the SDA in which the program is located) in certifying, upon notification of the application, whether the program meets performance standards (in which role a PIC may use staff of skill centers or other entities or may establish a consortium with other PICs in the State); (4) State agency approval of applications (with requirements for recertification under specified conditions, and authority to suspend program certification on an emergency basis); (5) appeal procedures at State and Federal levels; (6) conflict-of-interest prohibitions; and (7) PIC dissemination of information on program performance to the skill centers. Title IV: Vocational Training Voucher System - Establishes a vocational training voucher system. Requires that vocational training and related services provided to individuals from funds under the following covered programs shall only be provided through such voucher system: (1) title II (Training Services for the the Disadvantaged) and title III (Employment and Training Assistance for Dislocated Workers) of JTPA; (2) specified employment and training provisions under the Food Stamp Act of 1977; and (3) the new Postsecondary Vocational Training program which this Act adds as part D of title II of the Carl D. Perkins Vocational and Applied Technology Education Act. Defines related services as those provided by a single service provider as part of a package of services which includes vocational training. Allows the covered program to provide, in addition to vocational training and related services, other services (which must be identified in the agreement) through such voucher system. Allows other Federal programs, in addition to the listed covered programs, to participate in the voucher system if such participation is consistent with the laws governing such programs and the PIC approves. Makes the PIC responsible for overseeing the establishment and operation of the voucher system. Directs the PIC, after consultation with local providers of vocational training, to enter into an agreement with the skill centers and the local agencies responsible for administering the covered programs and the additional programs. Requires such written agreement to specify: (1) common procedures for voucher issuance; (2) financial and management information systems to be used to administer the voucher system; (3) payment schedules relating to vouchers, including those for courses not completed by participants; and (4) conditions to ensure compliance with covered program requirements. Requires such vouchers to contain specified information and conditions, including an expiration date and the limitation that the voucher is only redeemable for certified programs. Requires at least 20 percent of the total payment to be withheld from the service provider until the participant has: (1) successfully completed the training; and (2) been employed and retained employment for a period of at least 90 days. Directs the Secretary of Labor, in consultation with the Federal Council, to issue regulations implementing such withholding requirements. Limits the total dollar amount of outstanding vouchers issued in an SDA by a covered program to not more than the amount of funds available to such program in such SDA. Sets forth special rules for vouchers issued for on-the-job training, including: (1) specification of a particular occupational area; (2) redemption only by employers with available positions approved by the covered program in that occupational area; and (3) inapplicability of the withholding requirement. Allows a contract for direct services, in lieu of a voucher, to be used for provision of vocational training and related services under a covered program if the PIC approves the program's request based on a finding of: (1) an insufficient number of providers in an SDA for a voucher system; or (2) programs in the SDA are unable to provide effective services to special participant populations, such as individuals with severe disabilities and substance abusers. Authorizes the Governor to direct a PIC to rescind such a contract upon determining that there was an insufficient basis for such findings. Title V: Conforming Amendments to Other Acts - Amends the Adult Education Act, Carl D. Perkins Vocational and Applied Technology Act, Job Training Partnership Act (JTPA), Rehabilitation Act of 1973, Wagner-Peyser Act, Social Security Act, and Food Stamp Act of 1977 to add requirements relating to duties of State human resources councils (as required by this Act) with respect to applicable programs under such Acts. Amends JTPA to add various program requirements (conforming to this Act) for certification of vocational training programs, participation in operation of skill centers, and vouchered services under JTPA title II (disadvantaged adults and youth programs) and title III (dislocated worker program). Revises JTPA provisions for the Job Corps to include specified arrangements with the skill centers, transfer of specified resources to skill centers, certification requirements for vocational training providers to be eligible for contracts with Job Corps Centers. Amends the Wagner-Peyser Act to include the skill centers under provisions for incentive grants. Requires the employment service to: (1) participate in operation of the skill centers; (2) ensure that core services and agreed-upon enhanced services are provided only through skill centers; and (3) transfer sufficient resources to the skill centers to provide such services to individuals who are authorized to receive services under the Wagner-Peyser Act and who are not participants in other participating programs under the agreement. Allows local employment service offices to apply to be designated as skill centers. Amends Federal law relating to Veterans Vocational Training programs to include references to skill centers. Requires participation in the operation of skill centers and transfer of sufficient resources to such centers to provide the core services and agreed-upon enhanced services to individuals participating under provisions for Veterans Vocational Training. Amends the Carl D. Perkins Vocational and Applied Technology Education Act to require certain grants for postsecondary and adult vocational education programs under title II of such Act to be used only to provide assistance to vocational training programs certified under this Act. Requires a vocational training program to be certified under this Act before it may provide secondary level training to students under the Tech-Prep Education program (part E of title III fo the Carl D. Perkins Vocational and Applied Technology Education Act). Amends the JOBS program under Aid to Families with Dependent Children (AFDC) provisions of the Social Security Act to require State agency participation in the operation of skill centers and transfers of sufficient resources to such centers to provide core services and agreed-upon enhanced services. Requires a vocational training program to be certified under this Act before it may receive funds under the JOBS program. Amends the Food Stamp Act of 1977 to require a vocational training program to be certified under this Act before it may receive funds under certain employment and training project provisions of such Act. Requires vocational training under such Act to be provided only through the voucher system established under this Act. Allows other additional services to be provided through such system. Requires State agencies to enter into agreements relating to administration of the voucher system. Requires State agencies to: (1) participate in operation of skill centers and transfer sufficient resources to such centers to enable them to be the sole providers of core services and agreed-upon enhanced services to food stamp program participants determined to need vocational training. Amends the Higher Education Act of 1965 to require certification for certain institutions that offer vocational education, for purposes of eligibility for certain student aid programs (including specified grant, loan, and work-study programs). Requires such institutions to provide for skill center referrals, prior to enrollment, for students receiving such aid. Amends the Rehabilitation Act of 1973, the Refugee Assistance Act program under specified Federal law, and the Trade Adjustment Assistance program under the Trade Act of 1974 to require certification of vocational training programs under this Act as a condition of eligibility for funding under such Acts. Title VI: Effective Date and Transition - Allows each member of the Federal Council, in consultation with such Council, to establish transition rules and procedures for programs under their jurisdiction, for purposes of this Act.
Bill· SS. 2792 (102nd)open
United States · United States Congress · 21 May 1992
Amends the Juvenile Justice and Delinquency Prevention Act of 1974 (the Act) to revise provisions with respect to the operation of the Office of Juvenile Justice and Delinquency Prevention. Establishes a direct reporting relationship between the Administrator of the Office and the Attorney General. Makes the Administrator directly responsible to the Attorney General. Bars the Attorney General from delegating specified powers, duties, or functions. Repeals a provision directing the Administrator, in carrying out his functions, to consult with the Coordinating Council on Juvenile Justice and Delinquency Prevention. Directs the Administrator to: (1) assist Federal agencies that have direct responsibilities for the prevention and treatment of juvenile delinquency in the development and promulgation of regulations, guidelines, requirements, criteria, standards, procedures, and budget requests in accordance with the policies, priorities, and objectives that the Commission establishes; (2) conduct and support evaluations and studies of the performance and results achieved by Federal juvenile delinquency programs and activities and of the prospective performance and results that might be achieved by alternative programs and activities supplementary to or in place of those currently being administered; and (3) develop for each fiscal year, and publish annually in the Federal Register for public comment, a proposed comprehensive plan describing the particular activities that the Commission intends to carry out. Authorizes the Administrator to: (1) request a Federal department or agency that engages in activity involving any Federal juvenile delinquency prevention program to provide the Administrator with programmatic and other information, and the head of such department or agency to comply with such request; and (2) make grants and enter into contracts with public or private nonprofit agencies, organizations, institutions, and natural persons to carry out the Act. Directs the Administrator to review: (1) the programs and practices of Federal agencies and report to the President and the Congress on the degree to which Federal agency funds are used for purposes that are either consistent or inconsistent with provisions of the Act; and (2) the reasons why Federal agencies take juveniles into custody and make recommendations regarding how to improve Federal practices and facilities for holding juveniles in custody. Revises reporting requirements to cover specified activities, including a description of exemplary delinquency programs for which assistance is provided under the Act, with particular attention to community-based alternatives to juvenile incarceration that involve and assist families of juveniles. Authorizes the Administrator to make grants for State and local programs with public and private nonprofit agencies for the development of more effective programs of juvenile justice and delinquency prevention and treatment (currently, with public and private agencies for the development of more effective education, training, research, prevention, diversion, treatment, and rehabilitation programs in the area of juvenile delinquency and programs to improve the juvenile justice system (system)). Increases allocations for State formula grants. Revises provisions with respect to the composition and functions of the advisory group required under each State plan. Specifies that such advisory group shall consist of not more than 30 members: (1) who have training, experience, or special knowledge concerning the prevention and treatment of juvenile delinquency or the administration of juvenile justice; (2) including at least one locally elected official representing general purpose local government, representatives of law enforcement and juvenile agencies, public agencies concerned with delinquency prevention or treatment, private nonprofit organizations, volunteers who work with delinquents or potential delinquents, youth workers involved with programs that are alternatives to incarceration, persons with special experience and competence in addressing problems related to school violence, vandalism, and alternatives to suspension and expulsion, and in addressing problems related to learning disabilities, emotional difficulties, child abuse and neglect, and youth violence; (3) a majority of whom (including the chairperson) shall not be full-time employees of the Federal, State, or local government; (4) at least one-fifth of whom shall be under age 24 at the time of appointment; and (5) at least three of whom have been under the jurisdiction of the system at some time. Sets forth additional requirements with respect to such advisory group. Earmarks funds for programs and services such as: (1) community-based alternatives to incarceration and institutionalization, including specified programs and services for youth who can remain at home with assistance, need temporary placement, and need residential placement; (2) community-based programs and services to work with parents and other family members to strengthen families, including parent self-help groups, so that juveniles may be retained in their homes; (3) comprehensive juvenile justice and delinquency programs that meet the needs of youth through the collaboration of the many local systems before which a youth may appear, including schools, courts, and specified agencies and services; (4) educational programs or supportive services for delinquent or other youth, provided equitably regardless of sex, race, or family income, designed to encourage them to remain in school; (5) expanded use of home probation; (6) programs and projects designed to provide for the treatment of youths' dependence on or abuse of alcohol or other drugs; (7) law-related education programs and projects for delinquent and at-risk youth; and (8) programs for positive youth development that assist delinquent and other at-risk youth in obtaining a sense of safety and structure, of belonging, of self-worth, of independence and control over one's life, of closeness in interpersonal relationships, and of competence. Extends through 1997 (currently, 1993) the requirement that the Administrator promulgate regulations which make exceptions to a prohibition against the detention or confinement of juveniles in any jail or lockup for adults with respect to the detention of juveniles accused of non-status offenses who are awaiting an initial court appearance pursuant to an enforceable State law requiring such appearances within 24 hours after being taken into custody, subject to specified limitations. Requires State plans to provide assurance that youth in the system are treated equitably on the bais of gender, race, family income, and mentally, emotionally, or physically handicapping conditions. Provides for the reduction of funds by 25 percent for each paragraph with respect to which noncompliance with requirements of the Act occurs. Revises provisions with regard to ineligibility of such States to receive allotments. Includes among the purposes of the National Institute for Juvenile Justice and Delinquency Prevention to provide appropriate training for prosecutors and defense attorneys. Authorizes the Administrator to provide such training. Directs the Comptroller General, not later than one year after the date of enactment of this Act, to conduct studies with respect to: (1) juveniles waived to adult court; (2) admissions of juveniles for behavior disorders to private psychiatric hospitals and to other residential and nonresidential programs that serve such juveniles; (3) gender bias within State juvenile justice systems; (4) the Native American pass-through grant program that reviews the cost-effectiveness of the funding formula utilized; and (5) access to counsel in juvenile court proceedings. Sets forth reporting requirements. Requires the Administrator to provide for the establishment or support of programs and services that encourage the improvement of due process available to juveniles in the system and the quality of legal representation for such juveniles. Specifies that the competitive process regarding consideration of grant applications shall not be required if the Administrator makes a written determination that apply to programs to be carried out in areas with respect to which the President declares under the Robert T. Stafford Disaster Relief and Emergency Assistance Act that a major disaster or emergency exists (but repeals other exceptions, and reporting requirements related to such exceptions, to the competitive process). Directs the Administrator to establish and support programs and activities that involve families and communities in: (1) the prevention of youth gangs through programs that are designed to: target elementary school students, with the purpose of steering students away from gang involvement; provide individual and family crisis intervention and counseling to students and their families who are particularly at risk of gang involvement; develop and support community education about gangs and gang activity with the intent of involving the community in dealing with the problems associated with gangs; and include a special location within a school or housing project for program activities; and (2) crisis intervention and rehabilitation of youth gangs. Authorizes appropriations. Authorizes the Administrator to make grants, in the amount of ten percent of the amount of the State allocation, for challenge activities in which the State participates in such activities. Defines "challenge activity" as a program maintained for one of specified purposes, such as: (1) developing and adopting policies and programs to provide: basic health and appropriate education services for youth in the system as specified in standards developed by the National Advisory Committee for Juvenile Justice and Delinquency Prevention prior to October 12, 1984; access to counsel for all juveniles in the justice system to ensure that juveniles consult with counsel before waiving the right to counsel; and secure settings for the placement of violent juvenile offenders with capacities of no more than 50 youth with ratios of staff to youth great enough to ensure adequate supervision and treatment; (2) increasing community-based alternatives to incarceration by establishing programs and developing and adopting objective criteria for the appropriate placement of juveniles in detention and secure confinement; (3) developing and adopting policies to prohibit gender bias in placement and treatment, and establishing programs to ensure that female youth have access to the full range of health services, treatment for physical or sexual assault and abuse, education in parenting, education in general, and other training and vocational services; (4) establishing and operating a State ombudsman office for children, youth, and families to investigate and resolve complaints relating to action, inaction, or decisions of providers of out-of-home care to children and youth that may adversely affect the health, safety, welfare, or rights of resident children and youth; (5) developing and adopting policies and programs designed to remove, where appropriate, status offenders from the jurisdiction of the juvenile court; (6) developing and adopting policies and programs designed to serve as alternatives to suspension and expulsion from school; (7) increasing aftercare services for juveniles involved in the justice system; and (8) developing and adopting policies to establish a State administrative structure to coordinate program and fiscal policies for children who have emotional and behavioral problems and their families among the major child serving systems and a statewide case review system which meets specified requirements. Revises findings with respect to runaway and homeless youth. Specifies that runaway and homeless youth centers funded by grants under the Act shall serve as alternatives to the law enforcement, child welfare, mental health, and juvenile justice systems. Provides for increases in the allocation to a State or territory under such provisions. Repeals a provision authorizing the Secretary of Health and Human Services (HHS) to provide on-the-job training to local runaway and homeless youth center and other personnel in recognizing and providing for learning disabled and other handicapped juveniles. Modifies eligibility requirements with respect to such grants. Includes among such requirements that an applicant propose to establish, strengthen, or fund a locally controlled project (currently, facility) providing temporary shelter. Requires that, to qualify for such assistance, the applicant submit a plan to the Secretary including assurances that the applicant shall: (1) develop an adequate plan for assuring proper relations with health and mental health care personnel; and (2) keep adequate statistical records profiling the family members which it serves, including youth who are not referred to out-of-home shelter services. Authorizes appropriations for grants for a national communication system to assist runaway and homeless youth in communicating with their families and with service providers. Gives priority to grants smaller than $250,000 (currently, $150,000) for runaway and homeless youth centers. Requires applicants, to be eligible for transitional living grant assistance, to submit to the Secretary a plan in which such applicant agrees, as part of such project: (1) to provide services including training in money management, budgeting, consumer education, and use of credit to homeless youth; and (2) not to disclose records maintained on individual homeless youth without the consent of the individual youth (currently, and parent or legal guardian) to anyone other than an agency compiling statistical records or a government agency involved in the disposition of criminal charges against youth. Repeals provisions with respect to grants for technical assistance and training, authority to make grants to research, demonstration, and service projects, and coordination with the activities of health agencies in the Department of HHS. Authorizes the Secretary to make grants and provide technical assistance to public and nonprofit private entities (and combinations of such entities) to establish and operate street-based services to runaway, homeless, and other street youth. Requires an applicant, to be eligible for such assistance, to propose to establish, strengthen, or fund a street-based services project and submit to the Secretary a plan in which the applicant agrees, as part of the project, to: (1) identify and frequent areas in which such youth congregate, making contact and forming relationships with such youth; (2) assess the problems and service needs of such youth and provide appropriate services or information and referral for these services; (3) cause its staff to work in teams with on-street supervision or backup and off-street clinical supervision, develop referral relationships with agencies and organizations, and help integrate and coordinate such services for youth; (4) submit to the Secretary an annual report and an annual budget; (5) implement such accounting procedures and fiscal control devices as the Secretary may require; (6) keep adequate statistical records profiling the youth that it serves and not disclose the identity of individual street youth in documents based on such records; (7) not disclose records maintained on street youth without the consent of the individual youth to anyone; and (8) provide to the Secretary such other information as the Secretary may reasonably require. Directs the Secretary to: (1) give priority in selecting eligible applicants to entities that have experience in providing direct services to street youth; and (2) make grants to State, regional, and other nonprofit organizations (and combinations of such organizations) to provide technical assistance and training to eligible groups for the purpose of establishing and improving the operation of programs for street youth. Authorizes the Secretary to make grants to States, localities, and private entities (and combinations of such entities) to carry out research, demonstration, and service projects designed to increase knowledge concerning, and to improve services for, street youth. Requires the Secretary to give priority to applicants that have knowledge of or experience in working with runaway and homeless youth, and special consideration to proposed projects meeting specified criteria. Directs the Secretary, with respect to matters relating to health, education, employment, and housing, to coordinate the activities of health agencies in the Department of HHS with those of other divisions of that department and other public and private entities, and encourage coordination with other departments. Sets forth additional reporting requirements. Authorizes appropriations. Sets forth priorities in the use of appropriated funds. Authorizes appropriations for grants relating to locating missing children. Creates a new title V of the Act, which may be cited as the Incentive Grants for Local Delinquency Prevention Programs Act. Sets forth provisions regarding the duties and functions of the Commission. Authorizes the Commission to make grants to a State for delinquency prevention programs and activities for youth who have had, or who are likely to have, contact with the system, including the provision to children, youth, and families of recreation services, tutoring and remedial education, assistance in the development of work awareness skills, child and adolescent health and mental health services, alcohol and substance abuse prevention services, and leadership development activities. Sets forth requirements with respect to: (1) eligibility requirements; (2) priorities in considering grant applications; (3) innovative ways to involve the private nonprofit and business sector in delinquency prevention activities; and (4) developing or enhancing a statewide subsidy program to local governments that is dedicated to early intervention and delinquency prevention. Authorizes appropriations. Directs the General Accounting Office, after such program has been funded for two years, to prepare and submit to the Congress a study of the effects of the program in encouraging States and units of general local government to comply with requirements of the Act. Creates a new title VI of the Act, which may be cited as the Justice System Enhancement for Abused and Neglected Children Act. Directs the Administrator, subject to specified limitations, to: (1) issue such rules as are necessary or appropriate to carry out such title; (2) make such arrangements as necessary and appropriate to facilitate coordination and policy development among all civil and criminal justice system improvement activities funded through the Department of Justice, as well as with other Federal agencies (including the Inter-Agency Task Force on Child Abuse and Neglect), relating to abused and neglected children (including the preparation of an annual comprehensive plan for facilitating such coordination and policy development); and (3) provide adequate staff and agency resources necessary to properly carry out responsibilities pursuant to such title. Authorizes the Administrator to make grants to and enter into contracts with public agencies or privte nonprofit organizations (or combinations thereof) for research or demonstration and system improvement projects designed to: (1) identify effective approaches to the handling of child abuse and neglect cases in the criminal and civil justice systems so that such approaches can serve as models to other jurisdictions; (2) research issues concerning the legal system's reponse as a whole to child abuse and neglect; (3) improve the response of the criminal and civil justice systems to the special needs and sensitivities of children who have been abused or neglected; and (4) enhance coordination between the civil and criminal justice systems in child abuse and neglect cases (as well as coordination between these systems and the social services, mental health, health, and education systems that are also involved) and the availability of, and access to, child abuse and neglect prevention and treatment services for child victims, their family members, and the perpetrators. Directs the Assistant Attorney General, in considering grant applications, to give priority to applicants that demonstrate ability in: (1) conducting research and disseminating findings with respect to civil and criminal justice system cases involving child abuse, child neglect, or child maltreatment-related fatalities; (2) developing model approaches for responding to such cases; and (3) coordinating responses to such cases. Requires the Administrator, in considering grant and contract applications under such title, to endeavor to ensure that cases of child abuse and neglect in family settings, in the community, and within residential institutions are all given an adequate focus. Authorizes the Administrator to make grants and enter into contracts with public agencies or private nonprofit organizations (or combinations thereof) for training, technical assistance, and service programs designed to educate prosecutors and defense attorneys in the criminal justice system, judges in the civil and criminal justice systems, and practitioners in the civil justice system about the experiences of children who are abused or neglected and their families and improve skills and responses in handling child abuse and neglect cases. Sets forth priorities in considering applications for such grants. Directs the Administrator to establish annual priorities for making grants and contracts for research or demonstration and system improvement projects and criteria based on merit for making such grants and contracts, and to publish in the Federal Register for public comment a statement of such proposed priorities and criteria before establishing such priorities and criteria. Authorizes appropriations.
Bill· SS. 2766 (102nd)open
United States · United States Congress · 21 May 1992
Lobbying Disclosure Act of 1992 - Provides that not later than 30 days after a lobbyist first makes a lobbying contact, or agrees to make lobbying contacts, with a covered legislative or executive branch official, such lobbyist, or as provided below, the organization employing such lobbyist, shall register with the Office of Lobbying Registration and Public Disclosure (OLRAPD). Provides that any person whose total receipts or costs in connection with lobbying activities on behalf of a particular client do not exceed, or are not expected to exceed, $1,000 in a semiannual period is not required to register for such client. Defines "lobbyist" as any individual who is employed or retained by another for financial or other compensation to perform services that include lobbying contacts, other than an individual whose lobbying activities are only incidental to, and not a significant part of, the services for which such individual is paid. Specifies that such registration shall contain: (1) the name, address, business telephone number, and principal place of business of the registrant, and a general description of its business or activities; (2) the name, address, and principal place of business of the registrant's client, and a general description of its business or activities if different than those of the registrant; (3) the name of any organization, other than the client, that contributes more than $5,000 toward lobbying activities in a semiannual period, significantly participates in the supervision or control of lobbying activities, and has a direct financial interest in the outcome of lobbying activities; (4) the name, principal place of business, and approximate percentage of equitable ownership in the client of certain foreign entities; (5) a statement of general issue areas in which the registrant expects to engage in lobbying activities on behalf of the client and, to the extent practicable, a list of specific issues that have already been, or are likely to be addressed; and (6) the name of each employee of the registrant whom the registrant expects to act as a lobbyist on behalf of the client. Provides that in the case of a registrant representing more than one client, a separate registration shall be filed for each client represented. Requires any organization that has one or more employees who are lobbyists to file a single registration for each client on behalf of its employees who engage in lobbying activities on behalf of such client. Requires each registrant to file with OLRAPD a report on its lobbying activities during a semiannual period. Specifies the contents of such reports. Establishes within the Department of Justice an OLRAPD and sets forth OLRAPD administrative duties, which include: (1) prescribing such rules, forms, penalty schedules, and procedural regulations as are necessary for implementation of this Act; (2) making copies of each registration and report filed under this Act available to the public; and (3) transmitting to the President and the Congress periodic reports describing implementation of this Act. Establishes procedures for: (1) informal resolution of alleged noncompliance with the requirements of this Act; (2) determinations of noncompliance in cases where information provided to OLRAPD through the procedures established above indicates that a noncompliance may exist; and (3) addressing registrations and filings that are more than 30 days late and failures to provide such information. Provides for judicial review of written decisions issued by OLRAPD under the last two procedures enumerated above. Repeals the Federal Regulation of Lobbying Act. Amends the Foreign Agents Registration Act of 1938 to: (1) revise the definition of "foreign principal;" (2) eliminate references to political propaganda and, in certain cases, replace such references with references to informational materials; and (3) modify the exemption for lawyers with respect to registration filing to make such exemption applicable to communications with agency officials only in the course of agency proceedings required by statute or regulation to be conducted on the record. Revises the limitation on use of appropriated funds to influence certain Federal contracting and financial transactions to: (1) eliminate certain disclosure provisions; (2) require declarations by applicants for Federal contracts, grants, loans, or cooperative agreements to name any registrant under this Act who has made lobbying contracts on behalf of such applicant with respect to that Federal contract, grant, loan, or cooperative agreement; and (3) require similar declarations with respect to Federal loan guarantees. Repeals provisions under the Department of Housing and Urban Development Act relating to housing lobbyist activities. Authorizes appropriations to carry out this Act.
Bill· SS. 2773 (102nd)referred
United States · United States Congress · 21 May 1992
Tax Extension Act of 1992 - Title I: Extension of Certain Expiring Tax Provisions - Amends the Internal Revenue Code to extend from August 1, 1992, until August 1, 1993, the provisions governing the allocation of research and experimental expenditures for purposes of determining sources of income. Extends the following provisions from June 30, 1992, until December 31, 1993: (1) the tax credit for increasing research activities; (2) the targeted jobs credit; (3) the authority to issue qualified mortgage bonds and qualified mortgage credit certificates; (4) the authority to issue qualified small issue bonds to finance manufactuiring facilities and farm property; (5) employer-provided educational assistance; (6) the tax exclusion for employer-provided group legal services plans; (7) the energy investment credit for solar and geothermal property; (8) the credit for clinical testing expenses for certain drugs for rare diseases or conditions; and (9) health insurance costs of self-employed individuals. Extends the low-income housing credit until December 31, 1993, with modifications. Expands the ten-year anti-churning rule waiver to certain projects substantially assisted, financed, or operated under the National Housing Act. Allows units occupied by certain full-time students to qualify for such credit. Authorizes the Treasury Department to waive penalties for certain de minimis errors and recertifications. Provides that certain community service facilities in projects in qualified census tracts are included in eligible basis as functionally related and subordinate facilities. Requires housing credit agencies, in determining whether the credit allocated to a building exceeds the amount necessary to assure the project's feasibility, to consider the reasonableness of total project costs and the appropriateness of amenities. Allows certain building owners to elect to use apartment size or family size in determining the credit's gross rent limitation. Provides for the tax treatment of resale price control and subsidy lien programs under mortgage revenue bond provisions. Amends the Internal Revenue Code to exclude from the five-year occupancy requirement under the tax-exempt mortgage revenue bond program any two-family residence which: (1) is a targeted area residence; or (2) is located in an area designated as an economic development zone or enterprise zone by Federal or State law. Amends the Railroad Retirement Solvency Act of 1983 to extend, from October 1, 1992, until January 1, 1994, the authority to transfer income tax revenues attributable to the taxation of tier railroad retirement benefits to the railroad retirement account. Extends the termination date of the nonconventional source fuels credit for one year. Repeals the tax preference for the appreciated property charitable deduction during 1992 and 1993. Requires a report by the Secrretary of the Treasury to certain congressional committees on an advance valuation procedure. Title II: Repeal of Certain Luxury Excise Taxes; Imposition of Tax on Diesel Fuel Used in Noncommercial Boats - Repeals the luxury excise tax on boats, aircraft, jewelry, and furs. Provides an inflation adjustment for the threshold amount on which luxury vehicles are taxed. Terminates the luxury tax on passenger vehicles after December 31, 1999. Extends the diesel fuels excise tax to diesel fuel used in noncommercial boats. Exempts from such tax diesel fuel used for fisheries or commercial navigation. Retains diesel fuel taxes in the general Treasury (instead of the Highway Trust Fund and the Leaking Underground Storage Tank Trust Fund).
Bill· SS. 2769 (102nd)referred
United States · United States Congress · 21 May 1992
Economic Growth and Affordable Housing Act of 1992 - Title I: First-Time Homebuyer Credit - Allows a first-time homebuyer who purchases a principal residence a tax credit of ten percent of the purchase price, not to exceed $5,000. Limits such credit to one residence and requires acquisition between December 31, 1992, and January 1,1993. Title II: Modifications of Passive Loss Rules - Amends the Internal Revenue Code to provide for the treatment of rental and nonrental real estate activities under the limitations on losses from passive activities. Title III: Penalty-Free Distributions From IRA's for First Homes - Allows penalty-free withdrawals from individual retirement plans for a first-home purchase. Title IV: Low-Income Housing Credit and Qualified Mortgage Bonds - Makes the low-income housing credit permanent law. Expands the ten-year anti-churning rule waiver to certain projects substantially assisted, financed, or operated under the National Housing Act. Allows units occupied by certain full-time students to qualify for such credit. Authorizes the Treasury Department to waive penalties for certain de minimis errors and recertifications. Requires that certain community service facilities in projects in qualified census tracts be included in the eligible basis as functionally related and subordinate facilities. Permanently extends the period during which qualified mortgage bonds and mortgage credit certificates may be issued. Title V: Enterprise Zones - Subtitle A: Designation of Enterprise Zones - Authorizes the Secretary of Housing and Urban Development to designate enterprise zones for purposes of providing tax and regulatory relief and improving local services. Limits choices to areas nominated by States and local governments. Limits the total number of areas that may be designated, and the time period of the designation. Authorizes the Secretary to designate a zone only if the area meets certain locational, demographic, unemployment, and poverty criteria. Requires nominating local governments, as a condition of the Secretary's designation, to agree in writing to follow a course of action that may include reducing tax rates, improving local services, simplifying or streamlining regulation of business, and providing job training to area residents. Describes areas to which the Secretary must give preference in selecting areas for designation. Requires the Secretary to report to the Congress every two years on the effects of such enterprise zones' designation in accomplishing the purposes of this Act. Subtitle B: Federal Income Tax Incentives - Allows a nonrefundable income tax credit to enterprise zone employees for five percent of any wages earned that do not exceed a specified amount. Phases out such credit. Provides for the nonrecognition of capital gain on the sale of enterprise zone property. Allows a taxpayer a deduction on the aggregate amount paid for the purchase of enterprise stock on its original issue by a qualified issuer. Requires any gain from the disposition of the stock to be treated as ordinary income. Excludes enterprise zone capital gains from income computation of alternative minimum taxes. Subtitle C: Regulatory Flexibility - Amends Federal law to revise the definition of "small entity" for purposes of the analysis of regulatory functions to include qualified business, government, and nonprofit enterprises operating within enterprise zones. Authorizes Federal agencies, upon request by a designating government, to waive or modify rules and regulations pertaining to the implementation of projects or activities within an enterprise zone. Requires agencies to approve the request if the resulting benefits of job creation, community development, or economic revitalization outweigh the public interest in retaining the rule unchanged. Disallows waiver or modification of a rule that would directly violate a statutory requirement or present a danger to the public health and safety. Subtitle D: Establishment of Foreign-Trade Zones in Enterprise Zones - Requires the Foreign-Trade Zone Board to consider on a priority basis and to expedite the processing of applications for the establishment of foreign-trade zones within enterprise zones. Requires the Secretary of the Treasury to give priority to, and expedite applications for, the establishment of ports of entry necessary to establish such zones. Subtitle E: Repeal of Title VII of the Housing and Community Development Act of 1987 - Repeals title VII (enterprise zone development) of the Housing and Community Development Act of 1987.
Bill· HRH.R. 5252 (102nd)referred
United States · United States Congress · 21 May 1992
Enterprise Zone Jobs-Creation Act of 1992 - Title I: Designation of Enterprise Zones - Authorizes the Secretary of Housing and Urban Development (Secretary) to designate enterprise zones for purposes of providing tax and regulatory relief and improving local services. Limits choices to areas nominated by States and local governments. Limits the total number of areas that may be designated, and the time period of the designation. Authorizes the Secretary to designate a zone only if the area meets certain locational, demographic, unemployment, and poverty criteria. Requires nominating local governments, as a condition of the Secretary's designation, to agree in writing to follow a course of action that may include reducing tax rates, improving local services, simplifying or streamlining regulation of business, and providing job training to area residents. Describes areas to which the Secretary must give preference in selecting areas for designation. Requires the Secretary to report to the Congress every two years on the effects of such enterprise zones' designation in accomplishing the purposes of this Act. Title II: Federal Income Tax Incentives - Allows a nonrefundable income tax credit to enterprise zone employees for five percent of any wages earned as do not exceed a specified amount. Phases out such credit. Provides for the nonrecognition of capital gain on the sale of enterprise zone property. Allows a taxpayer a deduction on the aggregate amount paid for the purchase of enterprise stock on its original issue by a qualified issuer. Requires any gain from the disposition of the stock to be treated as ordinary income. Title III: Regulatory Flexibility - Amends Federal law to revise the definition of "small entity" for purposes of the analysis of regulatory functions to include qualified business, government, and nonprofit enterprises operating within enterprise zones. Authorizes Federal agencies, upon request by a designating government, to waive or modify rules and regulations pertaining to the implementation of projects or activities within an enterprise zone. Requires agencies to approve the request if the resulting benefits of job creation, community development, or economic revitalization outweigh the public interest in retaining the rule unchanged. Disallows waiver or modification of a rule that would directly violate a statutory requirement or present a danger to the public health and safety. Title IV: Establishment of Foreign-Trade Zones in Enterprise Zones - Requires the Foreign-Trade Zone Board to consider on a priority basis and to expedite the processing of applications for the establishment of foreign-trade zones within enterprise zones. Requires the Secretary of the Treasury to give priority to, and expedite applications for, the establishment of ports of entry necessary to establish such zones. Title V: Repeal of Title VII of the Housing and Community Development Act of 1987 - Repeals title VII (enterprise zone development) of the Housing and Community Development Act of 1987.
Bill· HRH.R. 5240 (102nd)referred
United States · United States Congress · 21 May 1992
Tax Extension Act of 1992 - Amends the Internal Revenue Code to extend from August 1, 1992, until August 1, 1993, the provisions governing the allocation of research and experimental expenditures for purposes of determining sources of income. Extends the following provisions from June 30, 1992, until December 31, 1993: (1) the tax credit for increasing research activities; (2) the targeted jobs credit; (3) the authority to issue qualified mortgage bonds and qualified mortgage credit certificates; (4) the authority to issue qualified small issue bonds to finance manufacturing facilities and farm property; (5) employer-provided educational assistance; (6) the tax exclusion for employer-provided group legal services plans; (7) the energy investment credit for solar and geothermal property; (8) the credit for clinical testing expenses for certain drugs for rare diseases or conditions; and (9) health insurance costs of self-employed individuals. Extends the low-income housing credit until December 31, 1993 with modifications. Expands the ten-year anti-churning rule waiver to certain projects substantially assisted, financed, or operated under the National Housing Act. Allows units occupied by certain full-time students to qualify for such credit. Authorizes the Treasury Department to waive penalties for certain de minimis errors and recertifications. Provides that certain community service facilities in projects in qualified census tracts are included in eligible basis as functionally related and subordinate facilities. Allows certain building owners to elect to use apartment size or family size in determining the credit's gross rent limitation. Provides for the tax treatment of resale price control and subsidy lien programs under mortgage revenue bond provisions. Repeals the tax preference for the appreciated property charitable deduction during 1992 and 1993. Requires a report by the Secretary of the Treasury to certain congressional committees on an advance valuation procedure.
Bill· SS. 2754 (102nd)referred
United States · United States Congress · 20 May 1992
Authorizes the Secretary of Agriculture to permit specified tracts of land on or near National Forest ski areas to be used for construction of employee housing.
Bill· HRH.R. 5218 (102nd)referred
United States · United States Congress · 20 May 1992
Women and Children First Act of 1992 - Title I: Direct Federal Charity Payment - Subtitle A: General Provisions - Prescribes eligibility requirements for the households of any State which enters into an agreement with the Secretary of Health and Human Services (the Secretary) for the provision of food and housing benefits. Requires the benefit program to be implemented through a specified State agency, and periodically audited. Subtitle B: Exemption from Federal Income Taxation - Declares the food and housing benefits under this Act exempt from Federal income taxation. Subtitle C: Unified Application for Certain Benefits - Requires the Secretary to develop a single application for: (1) benefits under this Act; (2) medical assistance under title XIX of the Social Security Act; and (3) the Head Start Program. Subtitle D: Termination of Certain Public Assistance Programs - Terminates the following programs: (1) the Food Stamp Act of 1977; (2) Aid to Families with Dependent Children; (3) Supplemental Security Income; (4) the National School Lunch Act; (5) the Child Nutrition Act of 1966; (6) the Low-Income Home Energy Assistance Act of 1981; and (7) the rental assistance payments program under Section 8 of the United States Housing Act of 1937. Subtitle E: Effective Date - Sets forth the effective date of this Act. Title II: Graduated Penalties for Conviction of Sexual Child Abuse or Incest - Amends Federal criminal law to set forth increased penalties and mandatory minimum penalties concerning the sexual exploitation of children and of minors. Requires the Attorney General to report to the Congress on whether the statute of limitations on offenses for sexual exploitation of children should be extended to allow prosecutions in cases of delayed discovery resulting from the fact that the victims are children. Increases the penalties for: (1) transporting females or minors for illegal sexual activity; and (2) for sexual abuse crimes. Title III: Adoption Provisions - Subtitle A: Adoption Tax Credit - Amends the Internal Revenue Code to allow as a credit against tax qualified adoption expenses. Subtitle B: Adoption of Abandoned Babies - Amends the Social Security Act with respect to babies abandoned at birth to require certain State laws to be in effect as a prerequisite to Federal aid for State foster care and adoption assistance. Declares that for purposes of the adoption assistance program such babies shall be considered children with special needs. Title IV: Increase in Dependent Tax Exemption; Refundable Credit for Young Children - Amends the Internal Revenue Code to: (1) increase the personal exemption for dependent children who have not attained age 18 before the close of the taxable year; and (2) establish a credit against tax for each dependent child who has not attained the age of 7 as of the close of the taxable year. Title V: Child Support Provisions - Amends the Social Security Act to condition Federal assistance to State plans for child and spousal support upon State procedures which prohibit the issuance or renewal of any license or registration to any person who owes overdue support. Amends Federal criminal law to establish criminal penalties for anyone who leaves or remains outside the State in which child support payments are due in order to avoid payment of arrearages. Amends the Social Security Act to modify the criteria for Federal medical assistance grants to the States (Medicaid) to require that: (1) group health plans permit enrollment of any child whose non-custodial parent is enrolled in the plan and has been ordered to provide child support; and (2) State agencies be authorized to garnish employment-related income, and withhold any State tax refunds of certain persons ordered to provide support to an individual eligible for medicaid. Title VI: Community Chest Tax Credit - Amends the Internal Revenue Code to allow as a credit against tax payments to certain direct service organizations. Title VII: Protection of Women and Children From Sexual Exploitation and Violence - Subtitle A: Importation of Child Pornography - Amends Federal criminal law to prohibit the importation of depictions of a minor engaged in sexually explicit conduct. Sets forth criminal penalties. Subtitle B: Evidence in Sexual Assault and Child Molestation Cases - Amends the Federal Rules of Evidence to render admissible into evidence the defendant's commission of similar crimes involving either sexual assault or child molestation. Subtitle C: Combatting Violence and Crimes Against Women on the Streets and in Homes - Part 1: Federal Penalties for Sex Crimes - Amends Federal criminal law to: (1) direct the United States Sentencing Commission to promulgate guidelines to provide that repeat offenses of sex crimes are punishable by twice the penalty otherwise provided in the guidelines; and (2) provide mandatory restitution for sexual abuse crimes. Authorizes appropriations for U.S. Attorneys to appoint counselors for victims and witnesses in connection with the prosecution of sex crimes. Sets forth criminal penalties for interstate travel to: (1) commit spousal abuse; or (2) commit spousal abuse in violation of a State-issued protection order. States that "spousal abuse" includes abuse to an intimate partner. Empowers a judge or magistrate to issue temporary protection orders for an abused spouse pending final case adjudication. Directs the court to order restitution to spousal abuse victims. Declares that such protection orders shall be accorded full faith and credit by the courts of sister States, and enforced as if they were orders of the enforcing State. Part 2: Arrest in Spousal Abuse Cases - Directs the Postmaster General to promulgate regulations to secure the confidentiality of abused persons' addresses according to prescribed guidelines. Part 3: Civil Rights - Establishes a Federal cause of action for gender-based crimes of violence. Includes within the definition of "crime of violence motivated by gender" rape, sexual assault, sexual abuse, and abusive sexual contact. Subtitle D: Cause of Action for Victims of Sexual Abuse, Rape, and Murder, Against Producers and Distributors of Hardcore Pornographic Material - Establishes a Federal cause of action against commercial producers, distributors, exhibitors, or sellers of obscene material or child pornography for damages from a sexual offense that was foreseeably caused, in substantial part, by the offender's exposure to such material.
Bill· SS. 2737 (102nd)open
United States · United States Congress · 19 May 1992
Repeals Federal veterans' provisions which provide for the operation of the Direct Loan Revolving Fund (DLRF), the Loan Guaranty Revolving Fund (LGRF), and the Guaranty and Indemnity Fund (GIF). Establishes in the Treasury the Veterans Housing Loan Fund (Fund) to be available to the Secretary of Veterans Affairs for all veterans' housing loan program operations. Deposits into the Fund: (1) all amounts currently deposited in the DLRF, LGRF, and GIF; (2) all amounts received on or after October 1, 1992, as veterans' housing loan fees or other payments with respect to such program; and (3) all amounts received by the Secretary on or after such date incident to housing loan operations.
Law· HRH.R. 5194 (102nd)enacted
United States · United States Congress · 18 May 1992
Juvenile Justice and Delinquency Prevention Amendments of 1992 - Title I: Amendments to the Juvenile Justice and Delinquency Prevention Act of 1974 - Amends the Juvenile Justice and Delinquency Prevention Act of 1974 (JJDPA) to include within the policy enunciated under such Act to: (1) encourage parental involvement in treatment and alternative disposition programs; and (2) provide for coordination of services between State, local, and community-based agencies, and promote interagency cooperation in providing such services. Revises the definition of "valid court order" to mean a court order given by a juvenile court judge to a juvenile: (1) who was brought before the court and made subject to such order (as under current law); (2) who received, before the issuance of such order, the full due process rights guaranteed to such juvenile by the Constitution; and (3) with respect to whom an appropriate public agency (other than a court or law enforcement agency), before the issuance of such order, reviewed the behavior of the juvenile and circumstances under which the juvenile was brought before the court and made subject to such order, determined the reasons for such behavior, determined that all dispositions (including treatment), other than placement in a secure detention or correctional facility had been exhausted or were clearly inappropriate, and submitted to the court a written report stating the results of the review and the determinations made. Specifies that there shall be a direct reporting relationship between the Administrator of the Office of Juvenile Justice and Delinquency Prevention and the Attorney General, that the Administrator shall be directly responsible to the Attorney General, and that the Attorney General may not delegate specified powers, duties, or functions. (Under current law, the Administrator reports to the Attorney General through the Assistant Attorney General who heads the Office of Justice Programs under the Omnibus Crime Control and Safe Streets Act of 1968.) Directs the Administrator to develop objectives, priorities, and a long-term plan, and implement overall policy and a strategy to carry out such plan (currently, to implement overall policy and develop objectives and priorities). Specifies that such plan shall: (1) contain specific goals and criteria for making grants and contracts, conducting research, and carrying out other activities under such Act; and (2) provide for coordinating the administration of programs and activities under such Act with the administration of all other Federal juvenile delinquency programs and activities. Requires the Administrator to review such plan annually, revise it as appropriate, and publish it in the Federal Register. Repeals certain provisions with respect to: (1) the transfer of funds to other agencies; and (2) grants and contracts to other agencies, institutions, and individuals. Revises provisions with respect to the composition, functions, and administration of the Coordinating Council on Juvenile Justice and Delinquency Prevention. Provides for the appointment of specified numbers of members appointed from among individuals who are practitioners in the field of juvenile justice who are not officers or employees of the United States, from members selected by the Congress, and from members appointed by the President. Directs the Council to examine how the separate programs can be coordinated among Federal, State, and local governments to better serve at-risk children and juveniles. Specifies that, in addition to performing their functions as members of the Council, members shall collectively: (1) make recommendations regarding the development of the objectives, priorities, and long-term plan, and the implementation of overall policy and strategy to carry out such plan; and (2) submit recommendations to the Administrator and the chairmen of specified congressional committees. Requires the Administrator's annual report to include a summary and analysis of: (1) the types of facilities used to hold juveniles treated as adults for purposes of prosecution; and (2) the educational status of juveniles. Makes a portion of any State allotment under such Act available to pay for one full-time staff position. Revises State plan requirements to provide for: (1) representation by recreation departments on the advisory group appointed by the chief executive of the State; (2) an assessment of educational needs as part of the analysis of juvenile justice and delinquency prevention needs; (3) coordination and maximum utilization of existing juvenile-related recreation programs within the State; (4) home-based alternative services; (5) community-based programs and services designed to work with juveniles during their incarceration, and with their families, to ensure the safe return of such juveniles to their homes and to strengthen the family unit; (6) enhanced coordination with the local schools such juveniles would otherwise attend to ensure that the instruction such juveniles receive outside, is closely aligned with the instruction provided in, such schools, and that information regarding any learning problems identified in such alternative learning situations are communicated to such schools; (7) juvenile initiated programs and outreach programs to assist juveniles with limited English-speaking ability; (8) special emphasis on involving parents with limited English-speaking ability; (9) programs relating to juveniles who have educational problems; (10) programs (including referral to literacy and social service programs) to assist families with limited English-speaking ability that include delinquent juveniles to overcome language and cultural barriers that may prevent the complete treatment of such juveniles and the preservation of the family unit; (11) programs designed to prevent and reduce hate crimes committed by juveniles; (12) a prohibition on detention or confinement in institutions in which juveniles alleged or found to be delinquent have contact (currently, regular contact) with adult convicts or with adults awaiting trial on criminal charges, or with the security staff or direct-care staff of a jail or lockup for adults; (13) elimination of an exception to the requirement that no juvenile be detained or confined in any jail or lockup for adults; (14) family counseling during the incarceration of juvenile family members and coordination of family services when appropriate and feasible; and (15) an assurance that any specified excess funds received by the State shall be expended through or for programs that are part of a comprehensive and coordinated community system of services. Directs that such State plans contain an analysis of services available, and a plan for providing needed services, with respect to: (1) gender-specific services for the prevention and treatment of juvenile delinquency; (2) services for the prevention and treatment of juvenile delinquency in rural areas; and (3) mental health services available to juveniles in the juvenile justice system (including an assessment of the appropriateness of the particular placements of juveniles in order to receive such services) and of barriers to access to such services. Revises provisions with respect to the approval of State plans and the lack of a State plan. Provides for a reduction or termination of funds for noncompliance, subject to specified limitations. Specifies that the National Institute for Juvenile Justice and Delinquency Prevention (the Institute) shall serve as a clearinghouse for information regarding juvenile delinquency, including State and local juvenile delinquency prevention and treatment programs (as under current law), and including drug and alcohol programs and gender-specific programs. Authorizes the Administrator to: (1) support research related to achieving a better understanding of the commission, and designed to identify educational programs best suited to prevent and reduce the incidence, of hate crimes by juveniles; and (2) develop, conduct, and provide training programs for persons working with juveniles and their families (as under current law), including juveniles who commit hate crimes. Requires the Administrator to include within the Institute's training program methods and techniques specifically designed to prevent and reduce such incidence. Directs the Administrator to conduct a study of the incidence of violence committed by or against juveniles in urban areas of the United States. Sets forth study objectives, including: (1) identifying characteristics and patterns of behavior of juveniles who are at risk of becoming violent or victims of homicide, factors particularly indigenous to such areas that contribute to violence committed by or against juveniles, and existing and new diversion, prevention, and control programs to ameliorate conditions causing any increase in such violence; (2) determining the accessibility and use of firearms, and the conditions that cause any increase in violence committed, by or against juveniles; (3) using data available from Federal and State law enforcement agencies to make specified assessments with respect to hate crimes; (4) improving current systems to prevent and control violence by or against juveniles; and (5) developing a plan to assist State and local governments to establish viable ways to reduce homicide committed by or against juveniles. Sets forth reporting requirements. Directs the Administrator, in making grants and contracts under Special Emphasis Prevention and Treatment Programs, to include: (1) home-based treatment programs in establishing or maintaining community-based alternatives to traditional forms of institutionalization of juvenile offenders; (2) self-help programs for parents in developing or supporting model programs to strengthen and maintain the family unit; (3) programs that work with families during the incarceration of juvenile family members and which take into consideration the special needs of families with limited English-speaking ability; (4) targeting juveniles who have had, or are likely to have, contact with the juvenile justice system in disseminating information regarding model, innovative, law-related education programs; and (5) establishing or supporting programs designed to prevent and reduce the incidence of hate crimes committed by juveniles, including model educational programs (designed to reduce such incidence by means such as addressing the specific prejudicial attitude of each offender, developing an awareness in such offender of the effect of the hate crime on the victim, and educating such offender about the importance of tolerance in our society) and sentencing programs (designed specifically for juveniles who commit hate crimes and that provide alternatives to incarceration). Authorizes the Administrator, in making such grants and contracts, to assist in identifying learning disabilities in developing and implementing model programs and methods to keep students in elementary and secondary schools, and in encouraging new approaches with respect to prevention of school violence and vandalism. Bars the Administrator from making any such grant or contract to the Department of Justice (DOJ) or to any administrative unit or other entity that is part of DOJ. Modifies provisions regarding the competitive process (and related reporting requirements) in approving applications for such grants or contracts. Specifies that such process shall not apply to programs to be carried out in areas with respect to which the President declares (under the Robert T. Stafford Disaster Relief and Emergency Assistance Act) that a major disaster or emergency exists. Revises provisions with respect to prevention and treatment programs relating to juvenile gangs and drug abuse and trafficking. Directs the Administrator to make grants to or enter into contracts with public agencies (including local educational agencies) and private nonprofit agencies, organizations, and institutions to establish and support programs and activities that involve families and communities that are designed to carry out specified purposes, including to: (1) prevent and reduce the participation of juveniles in the activities of gangs that commit crimes (which may include individual, peer, family, and group counseling, education and social services designed to address the social and developmental needs of juveniles, the organization of neighborhood and community groups, and training and assistance to adults who have significant relationships with juveniles who are or may become members of gangs, in providing constructive alternatives to participating in gang activities); (2) promote and support the development of policies and activities in public elementary and secondary schools which will assist such schools in maintaining a safe environment conducive to learning; (3) assist juveniles who are or may become gang members to obtain appropriate educational instruction, in or outside a regular school program, including the provision of counseling and other services; (4) expand the availability of prevention and treatment services relating to the illegal use of controlled substances and controlled substance analogues by juveniles; (5) provide services to prevent juveniles from coming into contact with the juvenile justice system again as a result of gang-related activity; and (6) support activities to inform juveniles of the availability of treatment and services for which financial assistance is available. Authorizes the Administrator to make grants and enter into contracts with public agencies and private nonprofit agencies, organizations, and institutions to: (1) conduct research on issues related to juvenile gangs; (2) evaluate the effectiveness of programs and activities funded under these provisions; and (3) increase the knowledge of the public by disseminating information on research and on effective programs and activities. Sets forth application requirements, including that applications: (1) provide an assurance that the proposed program or activity will supplement, not supplant, similar programs and activities already available in the community; (2) describe how such program or activity is coordinated with other specified programs, activities, and services available locally; and (3) certify that the applicant has requested the State planning agency (currently, any designated local agency) to review and comment on such application, and summarize the responses of such State planning agency to the request). Directs the Administrator, in reviewing applications, to give priority to specified applications, including those: (1) submitted by, or substantially involving, local educational agencies; and (2) for assistance for programs and activities that are broadly supported by public and private nonprofit agencies, organizations, and institutions in the geographical area in which the applicants propose to carry out the programs and activities, and that will substantially involve the families of juvenile gang members in carrying out such programs or activities. Sets forth new provisions with respect to community-based gang intervention. Directs the Administrator to make grants to, or enter into contracts with, public and private nonprofit agencies, organizations, and institutions to carry out programs and activities to: (1) reduce the participation of juveniles in illegal gang activities; (2) develop regional task forces involving State, local, and community-based organizations to coordinate enforcement, intervention, and treatment efforts for juvenile gang members and to curtail interstate gang activities; and (3) facilitate coordination and cooperation among local education, juvenile justice, employment, and social service agencies, and community-based programs with a proven record of effectively providing intervention services to juvenile gang members for the purpose of reducing the participation of juveniles in illegal gang activities. Authorizes appropriations. Title II: Amendments to the Runaway and Homeless Youth Act - Amends the Runaway and Homeless Youth Act (RHYA) to direct the Secretary of Health and Human Services to make grants to provide services to deal with the immediate needs of homeless youth and their families (as under current law) in a manner which is outside the law enforcement, child welfare, mental health, and juvenile justice systems (current law specifies outside the law enforcement structure and juvenile justice system). Increases the allotment of grant funds. Amends the JJDPA to: (1) delete a provision authorizing the Secretary to provide on-the-job training to local runaway and homeless youth center personnel and coordinated networks of local law enforcement, social service, and welfare personnel to assist such personnel in recognizing and providing for learning disabled and other handicapped juveniles; and (2) authorize the Secretary, subject to specified appropriations-related limitations, to make grants to establish and operate street-based service projects for runaway, homeless, and street youth, and home-based service projects for families that are separated (or at risk of separation) as a result of the physical absence of a runaway youth or youth at risk of family separation. Amends the RHYA to provide that, to be eligible for assistance under the Runaway and Homeless Youth Grant Program, an applicant shall propose to establish, strengthen, or fund specified centers and services and a locally controlled facility providing temporary shelter (as under current law), including a family host home. Specifies that, to qualify for such assistance, the applicant shall submit a plan to the Secretary including assurances that such applicant shall: (1) use such assistance with respect to a facility that has a maximum capacity of not more than 25 youths (currently, not more than 25 children); (2) develop an adequate plan for assuring proper relations with law enforcement, social service, school system, and welfare personnel (as under current law), and health care personnel, as well as coordination with personnel of the schools to which runaway and homeless youth will return, to assist such youth to stay current with the curricula of such schools; (3) develop an adequate plan for providing counseling and aftercare services to such youth, and for encouraging the involvement of their parents or legal guardians in counseling (current law specifies aftercare counseling involving such youth and their families within the State in which the runaway and homeless youth center is located); (4) keep adequate statistical records profiling the children and parents which it serves, except that records maintained on individual youth shall not be disclosed without consent of the individual youth and family members (as under current law) whom it serves, including youth who are not referred to out-of-home shelter services; and (5) develop an adequate plan for establishing outreach programs designed to attract individuals (including minorities and those with limited English-speaking ability) who are eligible to receive services for which a grant may be expended. Amends the JJDPA to provide that, to be eligible for street-based services assistance, an applicant shall propose to establish, strengthen, or fund a street-based service project for runaway and homeless youth and street youth, and shall submit to the Secretary a plan in which such applicant agrees, as part of such project: (1) to provide qualified supervision of staff, backup personnel for on-street staff, informational and health educational material to runaway and homeless youth and street youth in need of services, and initial and periodic training of staff who provide services under such project; (2) to carry out outreach activities for, and collect statistical information on, such youth; (3) to develop referral relationships with agencies and organizations that provide services or assistance to such youth; (4) to submit to the Secretary an annual report, an annual budget, and such other information as the Secretary may reasonably require; (5) to implement such accounting procedures and fiscal control devices as the Secretary may require; (6) to keep adequate statistical records that profile such youth whom it serves and not disclose their identity in reports or other documents based on such records; and (7) not to disclose records maintained on individual youth without their consent to anyone other than an agency compiling statistical records. Requires an applicant, to be eligible for home-based services assistance, to propose to establish, strengthen, or fund a home-based service project for runaway youth or youth at risk of family separation and submit to the Secretary a plan in which the applicant agrees, as part of such project: (1) to provide counseling and information services needed by runaway youth, youth at risk of family separation, and the family (including unrelated individuals in the family household) of such youth, 24-hour service to respond to family crises (including immediate access to temporary shelter for such youth affected by family crises), informational and health educational material to such youth in need of services, and initial and periodic training of staff who provide services under such project; (2) to establish in partnership with the families of such youth objectives and measures of success to be achieved as a result of participating in such project; (3) to carry out outreach activities for, and collect statistical information on, such youth; (4) to ensure that caseloads remain sufficiently low to allow for intensive involvement with each family participating in, and that qualified supervision will be provided to staff who provide services under, such project; (5) to submit to the Secretary an annual report, an annual budget, and such other information as the Secretary may reasonably require; (6) to implement such accounting procedures and fiscal control devices as the Secretary may require; (7) to keep adequate statistical records that profile such youth whom it serves and not disclose the identity of such youth in reports or other documents based on such records; and (8) not to disclose records maintained on individual youth without their consent to anyone other than an agency compiling statistical records. Makes conforming amendments with respect to grants to private entities and approval by the Secretary of specified grant funds. Gives priority to grants smaller than $200,000 (currently, $150,000). Provides that, to be eligible for assistance under the Transitional Living Grant Program, an applicant must agree not to disclose records maintained on individual homeless youth without the consent of such individual (current law also requires consent of a parent or legal guardian) to anyone other than an agency compiling statistical records or a government agency involved in the disposition of criminal charges against youth. Directs the Secretary to include in its annual report to the Congress a summary of the results of Federal evaluation of the programs, projects, and activities carried out under the RHYA, and a description of the training provided to the individuals who carry out such evaluation. Specifies that, as part of such evaluation, the Secretary shall require such individuals to visit each grantee on-site not less frequently than at three-year intervals. Authorizes appropriations for the Runaway and Homeless Youth Grant Program and the Transitional Living Grant Program. Directs the Secretary to: (1) give priority to grant applicants (with respect to grants, as provided for under current law, for a national communication system to assist runaway and homeless youth in communicating with their families and with service providers) that have experience in providing telephone services to such youth; (2) coordinate the activities of agencies of the Department of Health and Human Services with those of other Federal and eligible non-Federal entities (currently, with respect to matters relating to communicable diseases); and (3) make grants to statewide and regional nonprofit organizations to provide technical assistance and training to eligible public and private entities (as under current law) for the purpose of carrying out the programs, projects, or activities for which such grants are made pursuant to this Act. Sets forth additional criteria for the Secretary to use in selecting applicants with respect to grants (provided for under current law) to States, localities, and private entities to carry out research, demonstration, and service projects designed to increase knowledge concerning, and to improve services for, runaway and homeless youth. Title III: Amendment to the Missing Children's Assistance Act - Amends the Missing Children's Assistance Act to authorize appropriations. Title IV: General Provisions - Sets forth effective dates of this Act.
Bill· SS. 2733 (102nd)open
United States · United States Congress · 15 May 1992
Federal Housing Enterprises Regulatory Reform Act of 1992 - Sets forth congressional findings and definitions. Title I: Supervision and Regulation of the Enterprises - Establishes within the Department of Housing and Urban Development (HUD) the Office of Federal Housing Enterprise Oversight, managed by a presidentially appointed Director, who shall ensure that the Federal Home Loan Mortgage Corporation (Freddie Mac) and the Federal National Mortgage Association (Fannie Mae) (the enterprises) are adequately capitalized and operating safely. Authorizes the Director to levy annual assessments on the enterprises for the estimated expenses of the Office, including an initial assessment to cover its start-up costs. Requires the Director to report annually to the Secretary of HUD and specified congressional committees. Requires each enterprise to report quarterly and annually to the Director on its financial condition and operations. Requires each enterprise to establish a minority outreach program to ensure inclusion in its contracts of minorities and women and businesses owned by them. Amends the Department of Housing and Urban Development Act to prohibit the Secretary from merging or consolidating the Office of Federal Housing Enterprise Oversight, or any of its functions or responsibilities, with any function or program the Secretary administers. Prohibits the Director, and any former officer or employee of the Office who was compensated at certain levels higher than GS-15 while employed by the Office, from accepting compensation from any enterprise during the two years following separation from the Office. Declares that nothing in this Act shall be construed: (1) as obligating the Federal Government, either directly or indirectly, to provide any funds to Freddie Mac or Fannie Mae, or to honor, reimburse, or otherwise guarantee any of their obligations or liabilities; or (2) as implying that either enterprise or its securities are backed by the full faith and credit of the United States. Title II: Required Capital Levels for Enterprises and Special Enforcement Powers - Requires the Director to establish by regulation a risk-based capital test which shall require each enterprise to maintain positive capital during a ten-year period ("stress period") in which specified circumstances occur with respect to credit risk, interest rate risk, and new enterprise business. Declares that the risk-based capital level for an enterprise shall be 130 percent of the amount of capital required to meet the risk-based capital test. Requires the minimum capital level for each enterprise to be the sum of: (1) 2.5 percent of its aggregate on-balance sheet assets; (2) 0.45 percent of the unpaid principal balance of outstanding mortgage-backed securities and substantially equivalent instruments issued or guaranteed by it that are not included in (1); and (3) those percentages of other off-balance sheet obligations not included in (2) (excluding certain commitments), that best reflect the credit risk of such obligations or guarantees in relation to the instruments included in (2). Requires the critical capital level for each enterprise to be the sum of: (1) 1.25 percent of the aggregate on-balance sheet assets of the enterprise; (2) 0.25 percent of the unpaid principal balance of outstanding mortgage-backed securities and substantially equivalent instruments issued or guaranteed by it that are not included in (1); and (3) those percentages of other off-balance sheet obligations not included in (2) (excluding certain commitments), that best reflect the credit risk of such obligations or guarantees in relation to the instruments included in (2). Requires the Director to classify, on a quarterly basis, each enterprise as adequately capitalized (meeting or exceeding both its risk-based capital level and its minimum capital level), undercapitalized, significantly undercapitalized, or critically undercapitalized. Requires undercapitalized and significantly undercapitalized enterprises to submit capital restoration plans to the Director and, after approval, carry them out. Prohibits such enterprises from making any capital distribution that would result in a lower classification. Authorizes the Director, in the event an enterprise fails to submit a substantially compliant plan, win approval for a submitted plan, or make reasonable good-faith efforts to comply with an approved plan, to: (1) reclassify an undercapitalized enterprise as significantly undercapitalized, or a significantly undercapitalized enterprise as critically undercapitalized; and (2), with respect to significantly undercapitalized enterprises, limit increases in obligations, limit or prohibit asset growth, restrict certain activities, require new capital, and (in certain circumstances) appoint a conservator. Requires the Director to appoint a conservator for a critically undercapitalized enterprise, unless the public interest would be better served by some other enforcement action. Sets forth the contents of capital restoration plans. Requires written notification of an enterprise before any proposed capital classification may be made or discretionary enforcement action taken. Provides for judicial review of certain classifications or supervisory enforcement actions by the U.S. Court of Appeals for the District of Columbia Circuit. Requires the Director, for each enterpise, to contract with two nationally recognized statistical rating organizations: (1) to assess and rate, as a traditional credit rating, the likelihood that the enterprise will be unable to meet its obligations from its own resources with an assumption that there is no recourse to any implicit Government guarantee; and (2) to review the enterprise's rating as frequently as appropriate, but at least annually. Requires submission of comments to specified congressional committees on any difference between the Office's evaluation and the evaluation of the rating organizations, especially about capital adequacy. Requires the Director to define by regulation the meaning of "capital," excluding any amounts that an enterprise could be required to pay, at the option of investors, to retire capital instruments. Title III: Enforcement Actions - Sets forth general procedures for: (1) issuing temporary and permanent cease-and-desist orders against enterprises; (2) hearings; (3) judicial review; (4) civil money penalties; (5) notice after separation from service; (6) private rights of action; and (7) public disclosure of final orders and agreements. Title IV: Conservatorship - Provides a procedure for the appointment of a conservator, judicial review of such appointment, and termination of a conservatorship. Specifies the powers of a conservator, and provides for errors or omissions liability protection. Title V: Housing - Requires the Director to establish specified housing goals for each enterprise, including goals for purchase of mortgages on housing for low- and moderate-income families, and on housing located in underserved areas (both urban and rural). Requires an annual special affordable housing goal that is not less than one percent of the dollar amount of the mortgage purchases by the enterprise for the previous year. Sets forth factors to be applied in establishing such goals. Requires the Director to establish guidelines to measure the extent of compliance with housing goals established under this title. Requires each enterprise to collect and provide to the Director, in useful form, data relating to both its single family and multifamily housing mortgages, including certain information and annual reports to the Director and the Congress. Requires the Director to include in the annual report to specified congressional committees an evaluation of the extent to which each enterprise is achieving annual goals and general purposes. Requires the Director to monitor and enforce compliance with such goals, filing goal failure notices and requiring (of noncompliant enterprise) submission of housing plans. Prescribes deadlines for approval or disapproval of such housing plans. Requires each enterprise to appoint an Affordable Housing Advisory Council to advise it on possible methods to promote affordable housing for low- and moderate-income families. Amends the Federal National Mortgage Association Charter Act and the Federal Home Loan Mortgage Corporation Act to: (1) make it a purpose of such Acts to promote access to mortgage credit throughout the Nation (including central cities and rural areas) by increasing the liquidity of mortgage investments, including facilitating credit secured by mortgages to secondary market participants, and improving the distribution of investment capital available for residential mortgage financing; (2) indicate that each of their respective public purposes relates to both single-family and multifamily housing; and (3) require that at least one presidentially appointed member of each enterprise's board of directors has demonstrated a career commitment to the provision of low-income housing. Directs the Secretary, by regulation, to impose on the enterprises specified fair housing requirements and prohibitions. Prohibits the public disclosure of proprietary information. Title VI: Amendments to Charter Acts of Enterprises - Makes conforming amendments to the Federal National Mortgage Association Charter Act and the Federal Home Loan Mortgage Corporation Act. Title VII: Regulation of Federal Home Loan Bank System - Amends the Federal Home Loan Bank Act to declare that the primary duty of the Federal Housing Finance Board is to ensure that the Federal Home Loan Banks operate in a financially safe and sound manner. Requires the Federal Housing Finance Board, the Comptroller General of the United States, the Director of the Congressional Budget Office, and the Secretary to study and report to the Congress on specified aspects of the Federal Home Loan Bank System. Requires the Secretary of the Treasury and certain Federal agencies to submit opinions to the Congress to the extent that their views differ from those of the study participants. Requires the Board of Directors of each Federal Home Loan Bank to submit to the Congress its evaluation of the costs and benefits of consolidating the Federal Home Loan Bank System. Requires the Federal Home Loan Banks to set up a Study Committee to study and report to specified congressional committees, the Federal Housing Finance Board, and the presidents of the Federal Home Loan Banks on the same topics covered by the above study, as well as the costs and benefits of consolidating the System. Amends the Federal Home Loan Bank Act to require all Board directors to serve on a full-time basis beginning January 1, 1994. Title VIII: Study of National Consumer Cooperative Bank - Directs the Comptroller General to study and report to specified congressional committees on: (1) the extent to which the National Consumer Cooperative Bank has achieved its statutory purposes under the National Consumer Cooperative Bank Act; and (2) the financial safety and soundness of the activities of the Bank and its affiliates. Specifies items the study must cover. Title IX: Miscellaneous - Subtitle A: Miscellaneous - Directs the Comptroller General, the Director of the Congressional Budget Office, and the Secretary of the Treasury to study and report to specified congressional committees on the desirability and feasibility of eliminating Federal sponsorship of Fannie Mae and Freddie Mac. Amends the Housing and Community Development Act of 1974 to allow 500 low-rent housing assistance (section 8) certificates earmarked for use in the Park Central New Town in Town project (in Port Arthur, Texas) to be available for use generally in Jefferson County, Texas. Amends the Cranston-Gonzales Affordable Housing Act to authorize assistance to all non-profit organizations, including municipal and State-owned or -sponsored organizations (currently only private ones), to expand the supply of supportive housing for persons with disabilities (Shelter Plus Care program). Amends the Competitive Equality Banking Act of 1987 to apply only to home purchase and other consumer loans the maximum interest rate cap for adjustable rate mortgage loans. Amends a section of the Revised Statutes (National Bank Act) and the Federal Reserve Act to permit national banks and State member banks to make investments in community development projects or an entity primarily engaged in such investments. Requires the Comptroller General or the Federal Reserve Board, as appropriate, to limit the investment in any one project. Limits the aggregate investment of a bank to the sum of ten percent of its paid-in, unimpaired stock plus ten percent of its unimpaired surplus. Subtitle B: Presidential Insurance Commission - Presidential Insurance Commission Act of 1992 - Establishes a Presidential Commission on Insurance to: (1) assess the condition of the property and casualty insurance, life insurance, health insurance, and reinsurance industries; and (2) recommend any necessary legislative and regulatory changes that will improve the domestic and international financial health and competitiveness of such industries, and thereby assure consumers of the availability of adequate insurance coverage when an insured event occurs, and of the best possible range of products at competitive prices. Requires a report to the President and the Congress by a specified deadline. Terminates the Commission 60 days after submission of the report. Authorizes appropriations. Subtitle C: Secondary Market for Commerical Mortgage Loans - Secondary Market for Commercial Real Estate Mortgage Loans Act of 1992 - Directs the Secretary of the Treasury, the Director of the Congressional Budget Office, and the chairman of the Securities and Exchange Commission to study and report to specified congressional committees on the potential benefits of, and legal, regulatory, and market-based barriers to, developing a secondary market for commercial real estate mortgage loans. Directs the chief executive officer of the Resolution Trust Corporation (RTC) to study and report to the Congress on: (1) the RTC's efforts to standardize its disposition methods; (2) its success in marketing its commercial mortgage loan-backed securities; (3) the impact of its programs on the commercial real estate mortgage loan secondary market; and (4) the impact of its commercial real estate loan securitization program generally.
Bill· SS. 2726 (102nd)referred
United States · United States Congress · 14 May 1992
Weed and Seed Implementation Act of 1992 - Directs the Attorney General, in cooperation with other Federal agencies, to: (1) provide local communities with weed and seed program technical assistance; and (2) enter into weed and seed agreements with State, local, and private nonprofit entities to promote neighborhood revitalization. Directs the Attorney General to establish a Weed and Seed Council which shall: (1) review submitted weed and seed plans; (2) coordinate funding, services, and technical assistance; and (3) evaluate program impact in designated communities. Authorizes appropriations for: (1) intergovernmental weed and seed agreements; and (2) specified programs under the authority of the Secretary of Education. Obligates specified funds for weed and seed plans under the authority of: (1) the Department of Housing and Urban Development; (2) the Departments of Labor and of Health and Human Services; (3) the Special Supplemental Food Program for Women, Infants and Children (WIC); and (4) other Federal law. Authorizes permanent appropriations for weed and seed programs beginning with FY 1994. Obligates specified funds for weed and seed programs in enterprise and nonenterprise zones.
Bill· HRH.R. 5186 (102nd)referred
United States · United States Congress · 14 May 1992
Amends the Cranston-Gonzalez National Affordable Housing Act with respect to energy efficient mortgages. Directs the Secretaries of Housing and Urban Development and of Veterans Affairs to establish jointly an energy efficient mortgage pilot program to promote the purchase of new and existing energy efficient residential buildings and the installation of cost-effective improvements in existing residential buildings. Authorizes appropriations.
Bill· HRH.R. 5150 (102nd)referred
United States · United States Congress · 13 May 1992
Tax Extension Act of 1992 - Amends the Internal Revenue Code to make the low-income housing credit permanent law. Modifies the rule for unused housing credit carryovers allocated among certain States. Expands the ten-year anti-churning rule waiver to certain projects substantially assisted, financed, or operated under the National Housing Act. Allows units occupied by certain full-time students to qualify for such credit. Authorizes the Treasury Department to waive penalties for certain de minimis errors and recertifications. Excludes assistance under the HOME Investment Partnerships Act from the definition whether a building is federally subsidized. Permits the use of tax-exempt bond financing for such purposes. Provides for State housing credit agencies to designate difficult development areas (in lieu of the Secretary of Housing and Urban Development). Allows the use of the rehabilitation investment credit for qualified low-income buildings without regard to whether interior walls are preserved. Prohibit discrimination against section 8 voucher holders in leasing units in qualified low-income buildings. Requires notice before termination of tenancy in such buildings. Allows certain building owners to elect to use apartment size or family size in determining the low-income credit gross rent limitation. Extends the following provisions from June 30, 1992, until December 31, 1993: (1) the authority to issue qualified mortgage bonds and qualified mortgage credit certificates; (2) the authority to issue qualified small issue bonds to finance manufacturing facilities and farm property; (3) employer-provided educational assistance; (4) the tax credit for increasing research activities; (5) the tax exclusion for employer-provided group legal services plans; (6) the targeted jobs credited; and (7) the credit for clinical testing expenses for certain drugs for rare diseases or conditions. Provides for the tax treatment of resale price control and subsidy lien programs under mortgage revenue bond provisions. Excludes from the five-year occupancy requirement under the tax-exempt mortgage revenue bond program any two-family residence which: (1) is a targeted area residence; or (2) is located in an area designated as an economic development zone or enterprise zone by Federal or State law. Suspends, for 1992 and 1993, the tax preference for the appreciated property charitable deduction.
Bill· SS. 2677 (102nd)referred
United States · United States Congress · 7 May 1992
Economic Equity Act - Title I: Employment Opportunities - Subtitle A: Women in Apprenticeship Occupations and Nontraditional Occupations Act - Women in Apprenticeship Occupations and Nontraditional Occupations Act - Mandates: (1) a program to provide technical assistance to employers and labor unions to assist in preparing the workplace to employ women in apprenticeable occupations and other nontraditional occupations. Authorizes grants to community-based organizations to deliver the technical assistance; and (2) an outreach program to employers to inform employers of the availability of the technical assistance. Mandates a report to the appropriate congressional committees on the participation of women in apprenticeable and nontraditional occupations. Authorizes appropriations. Subtitle B: Commission on the Advancement of Women in the Science and Engineering Work Forces Act - Commission on the Advancement of Women in the Science and Engineering Work Forces Act - Establishes the Commission on the Advancement of Women in the Science and Engineering Work Forces. Subtitle C: Women and Minorities in Science and Mathematics - Women and Minorities in Science and Mathematics Act of 1992 - Amends the Higher Education Act of 1965 with regard to women and minorities who are underrepresented in science and mathematics to mandate grants and contracts for education programs. Modifies existing provisions regarding: (1) off-campus programs; (2) adult and continuing education staff development; (3) research and research application in adult and continuing education; (4) the "talent search" and "upward bound" programs; (5) midcareer teacher retraining; (6) school, college, and university partnerships; (7) professional development resource centers; (8) congressional teacher scholarships; (9) model and cooperative education; (10) graduate education program; (11) Harris fellowships; (12) graduate assistance in areas of national needs; (13) the Minority Science Improvement Program; and (14) science and engineering access programs. Subtitle D: Worker Retraining - Worker Retraining Act of 1992 - Mandates grants to not more than ten States to plan, establish, and operate retraining initiatives to allow low-income individuals to advance from low skill to higher skill positions. Authorizes appropriations. Title II: Women in Business - Subtitle A: Act for Microenterprise - Act for Microenterprise - Amends the Social Security Act to exclude business assets from consideration in determining: (1) eligibility for aid and services to needy families with children (AFDC); and (2) income and resources in connection with provisions relating to supplemental security income (SSI). Excludes income from a business with five or fewer employees, during the first year of the business, from consideration in determining the amount of aid under AFDC and SSI. Amends the Internal Revenue Code (IRC) to require approval of any State law making unemployment compensation payable to individuals starting microenterprises. Requires State law to entitle an individual performing services in a microenterprise to receive regular or extended unemployment compensation. Amends the Housing and Community Development Act of 1974 to allow assistance under certain provisions of the Act to be used for: (1) loans to commercial enterprises with five or fewer employees, one or more of whom own the enterprise; and (2) counseling, technical assistance, educational programs, planning, and training to facilitate such commercial enterprises. Amends the Small Business Act to set forth congressional findings regarding microenterprises and implementation of loan programs under specified provisions of the Small Business Act and the Small Business Investment Act of 1958. Amends the Home Owners' Loan Act to add references to microenterprise loans to provisions defining "qualified thrift investments." Requires each appropriate Federal banking agency to establish a division to be known as the Microenterprise Technical and Operations Office to offer technical assistance, training, outreach, and other support. Subtitle B: Microlend for the Future Act - Microlend for the Future Act - Authorizes the Administrator of the Small Business Administration to make loans and grants to community-based organizations for the startup and expansion of microenterprises, with the organizations using the loans to make loans and the grants to provide technical assistance to microenterprises. Authorizes appropriations. Subtitle C: Women's Business Procurement Assistance Act of 1992 - Women's Business Procurement Assistance Act of 1992 - Amends the Small Business Act to add references to small businesses owned and controlled by women to provisions concerning: (1) Government-wide goals for participation of small businesses in procurement; (2) U.S. policy on small business participation in Federal procurement and on timely payment by prime contractors to small business subcontractors; and (3) a clause required to be included in Federal agency contracts. Requires that each Federal agency having procurement powers: (1) designate a specialist responsible for programs to assist small businesses owned and controlled by women; and (2) engage in affirmative efforts to identify and solicit offers from such businesses and from small businesses owned and controlled by socially and economically disadvantaged individuals. Establishes in the Small Business Administration the Office of Women's Business Ownership. Subtitle D: Equal Surety Bond Opportunity Act - Equal Surety Bond Opportunity Act of 1992 - Prohibits the Secretary of the Treasury from approving a company as a surety unless it complies with the requirements of Federal law, as amended by this subtitle. Requires a surety company to notify a bond applicant of the reasons for an adverse action on the application. Prohibits discrimination against applicants: (1) on the basis of race, color, religion, national origin, sex, marital status, disability, or age; (2) because the applicant exercised any right under Federal law relating to sureties and surety bonds; or (3) because the applicant previously obtained a bond through specified means. Provides for civil penalties. Subtitle E: Small Business Access to Surety Bonding Survey Act of 1992 - Small Business Access to Surety Bonding Survey Act of 1992 - Requires the Comptroller General to conduct a survey and report to specified congressional committees on the experiences of businesses, especially small businesses, in obtaining surety bonds from corporate surety firms. Title III: Economic Justice - Subtitle A: Pay Equity Technical Assistance Act - Pay Equity Technical Assistance Act - Directs the Secretary of Labor to carry out a continuing program regarding reducing or eliminating, conducting research on, and providing technical assistance concerning wage disparities based on sex, race, or national origin. Subtitle B: Legislative Pay Equity Study - Declares that it is congressional policy that persons employed in the legislative branch shall receive equal pay for comparable work. Establishes the Commission on Employment Discrimination in the Legislative Branch. Subtitle C: Federal Council on Women Act - Federal Council on Women Act - Establishes in the legislative branch the Federal Council on Women to make recommendations on a wide range of issues and concerns relating to women. Subtitle D: Assured Minimum Child Support Projects - Child Support Assurance Act of 1992 - Directs the Secretary of Health and Human Services to make grants to not more than six States to establish or improve a system of assured minimum child support payments. Requires the custodial parent to have, or be in the process of obtaining, a child support award, or to have "good cause" in order to qualify for the program. Authorizes appropriations. Subtitle E: Social Services Block Grants - Social Services Block Grant Restoration Act of 1992 - Amends title XX (Block Grants to States for Social Services) of the Social Security Act to authorize increased appropriations under such title. Title IV: Retirement Equity - Subtitle A: Military Retired Pay - Amends the National Defense Authorization Act for Fiscal Year 1991 to apply amendments relating to retired pay to any divorces, dissolutions of marriage, annulments, and legal separations (currently, to any such events that occur more than 90 days after enactment of this Act). Subtitle B: Social Security Equity - Social Security Equity Act of 1992 - Amends title II (Old Age, Survivors, and Disability Insurance) (OASDI) of the Social Security Act to require, subject to certain requirements, that the combined earnings of an individual and his or her spouse, during their marriage, be divided equally for determining OASDI benefits. Title V: Equal Remedies Act of 1992 - Equal Remedies Act of 1992 - Amends Federal law relating to damages in cases of intentional employment discrimination to remove provisions limiting certain compensatory damages.
Bill· SS. 2672 (102nd)referred
United States · United States Congress · 7 May 1992
Increases the amount of basic monthly educational assistance to be paid to members of the all-volunteer force who serve in excess of two years of active duty from $300 to $500 and from $250 to $400 for members serving an initial period of two years of active duty. Makes similar increases in the amount of basic monthly educational assistance paid to members of the Selected Reserve pursuing programs of education on a full-time, three-quarter time, or half-time basis. Requires amounts currently required to be paid from the Defense Cooperation Account for veterans' and armed forces' educational assistance benefits under the Persian Gulf Conflict Supplemental Authorization and Personnel Benefits Act of 1991 to continue to be paid from such Account after the date of enactment of this Act. Extends through FY 1995 (currently, 1993) the authorization of appropriations to the Departments of Labor and Veterans Affairs to carry out programs of employment assistance, job training assistance, and other transitional services to members of the armed forces (and their spouses) who are being separated from active duty. Increases the amount currently authorized for such programs for FY 1992 and 1993. Directs the Secretary of Veterans Affairs (Secretary) and, to the extent provided in this Act, the Secretary of Labor to carry out a program to assist eligible veterans in obtaining, through training, employment in stable and permanent positions that involve significant training. Requires the program to pay employers who employ and train eligible veterans in such jobs for the costs of such training. Directs the Secretary of Labor to carry out his required responsibilities through the Assistant Secretary of Labor for Veterans' Employment and Training. Makes eligible for such job training and employment program any veteran who was discharged on or after August 2, 1990, and who either: (1) served on active duty for more than 90 days; (2) served on active duty and is entitled to veterans' disability compensation for a disability rated at 30 percent or more; or (3) was discharged or released from active duty because of a service-connected disability. Requires such veteran to: (1) be unemployed at the time of application to the program; (2) have been so unemployed for at least ten of the 15 weeks immediately preceding the date of application; and (3) submit an application within four years of the date of discharge or date of enactment of this Act, whichever is later. Outlines application requirements and requires the Secretary to issue certificates of eligibility to veterans meeting such requirements. Provides maximum periods of training for which assistance may be provided under the program. Requires a job training program, in order to be approved, to provide training for at least 12 months in an occupation in a growth industry or one requiring the use of new technological skills. Allows training programs of at least six months in duration to be approved by the Secretary if the purposes of this Act would be met. Allows an employer to be paid for job training provided to a veteran under an approved program unless the Secretary determines that the employer's application does not contain proper certifications or that the withholding of approval is otherwise warranted. Prohibits the Secretary from approving a program of job training: (1) for seasonal, intermittent, or temporary employment; (2) for employment under which commissions are the primary sources of income; (3) for employment involving political or religious activities; (4) for employment with the Federal Government; or (5) if the training will not be carried out in a State. Outlines employer application requirements for program approval, including certification that the employment of a veteran under the program will not result in the displacement of currently employed workers or workers laid off from the same or a substantially equivalent job. Authorizes the Secretary to withhold approval of an employer's proposed job training program until the end of an investigation compliance with application requirements. Provides that an approved program of apprenticeship or other on-job training for purposes of veterans' educational assistance benefits shall be considered to meet all program requirements established under this Act. Provides for quarterly payments to employers for approved job training programs, with a limit of $12,000 for any participating veterans. Allows the Secretary to make such payments monthly in order to relieve financial burdens on businesses with relatively few employees. Requires, before any such employer payments are made, receipt by the Secretary: (1) from the veteran, of a certification that the veteran was employed full-time by the employer in a program of job training during the applicable period; and (2) from the employer, of a certification that the veteran was employed during such period and performed satisfactorily, and of the number of hours worked by the veteran during the period. Requires all requests for payment to be made within two years after the training ends. Requires repayment by an employer of any amount overpaid or when non-compliance with program requirements occurs. Authorizes the Secretary to withhold or deny approval of a veteran's entry into an approved job training program if funds are not available to make payments to an employer on behalf of a veteran. Requires the employer to notify the Secretary of the employer's intention to employ the veteran after completion of the job training program. Authorizes an employer to enter into an agreement with an educational institution approved for the enrollment of veterans under which the institution provides the program of job training. Requires the employer's program approval application to state its intention to enter into such an agreement. Authorizes the Secretary to immediately disapprove further participation of a veteran in an approved program if the Secretary finds that such program thereafter fails to meet any requirements. Requires the Secretary to provide the employer and the affected veteran a statement of reasons for such disapproval, together with an opportunity for a hearing. Allows the Secretary to disapprove participation of veterans in a program if the rate of veterans' successful completion of the program is disproportionately low because of program quality deficiencies. Requires certain data to be taken into account when determining whether a success rate is disproportionately low. Requires such disapproval to remain in effect until adequate remedial measures have been taken. Requires employer records and books to be made available with respect to an approved program. Authorizes the Secretary to monitor employers and veterans and to investigate any matter considered necessary in order to determine compliance with applicable requirements. Authorizes the Secretary to administer such inspection, investigation, and monitoring functions in conjunction with the Secretary of Labor. Requires coordination of benefits paid under an approved program with other similar Federal programs and benefits. Prohibits payments to employers receiving certain other types of Federal assistance. Authorizes the Secretary and the Secretary of Labor to provide employment counseling services to assist any veteran eligible to participate in a job training program under this Act in selecting a suitable job training program. Directs the Secretary to provide a program of job-readiness skills development and counseling services to assist such veterans in finding, applying for, and successfully participating in a suitable job training program. Requires coordination of such activities with the veterans' readjustment counseling program. Directs the Secretary of Labor to provide for a program under which: (1) a disabled veteran's outreach specialist (specialist) is assigned as a case manager for each veteran participating in a job training program; (2) the veteran has an interview with the case manager within 60 days after entering the program; and (3) at least monthly contact is maintained with such veteran for purposes aimed at facilitating the veteran's successful completion of the program. Waives the assignment of a specialist case manager in specified circumstances. Directs the Secretary and the Secretary of Labor to provide a program of counseling and other services designed to resolve difficulties that may be encountered by veterans during their training under this Act. Directs the Secretary and the Secretary of Labor to jointly provide for an outreach and public information program to inform: (1) veterans about the employment and job training opportunities available under this Act; and (2) private industry and business concerns and all appropriate organizations, institutions, and associations about the job training opportunities available under, and the advantages of participating in, the program established under this Act. Directs the Secretary of Labor to promote the development of employment and job training opportunities for veterans by encouraging potential employers to make job training programs available for eligible veterans, by advising other Federal departments and agencies of the program, and by advising employers of applicable responsibilities under such program with respect to veterans. Requires such outreach and public information program to be coordinated with other programs offered under Federal provisions and by public agencies and organizations. Requires the Secretary of Labor, in carrying out responsibilities under these provisions, to use the services and resources of various directors, specialists, employees, and resources (including those available under title IV of the Job Training Partnership Act (JTPA)). Directs: (1) the Secretary of Labor to request and obtain from the Administrator of the Small Business Administration a list of small business concerns, and to update such list on a regular basis, in order to promote possible training and employment opportunities for veterans; (2) the Secretary and the Secretary of Labor to assist veterans and employers desiring to participate in the job training program with application and certification requirements; and (3) the Secretary of Labor, at least quarterly, to collect and compile information from State employment services and directors of State veterans' employment and training services the on the number of veterans receiving counseling services who are referred to employers, who participate in a job training program, and who complete such programs, or the reasons for noncompletion. Authorizes appropriations to the Department of Veterans Affairs for FY 1993 through 1995 for making payments to employers under this Act. Allows up to two percent of such funds to be used for administrative purposes. Prohibits assistance from being paid to an employer under this Act: (1) on behalf of a veteran who initially applies for a job training program after September 30, 1995; or (2) for any such program which begins after March 31, 1996. Amends the JTPA to require each job training plan under such Act to provide a preference in the provision of such employment and training opportunities to disabled veterans with service-connected disabilities, recently separated veterans, and homeless veterans. Amends the Stewart B. McKinney Homeless Assistance Act to provide that, beginning in FY 1993, 25 percent of the funds authorized for homeless assistance under such Act shall be available only to carry out projects which attempt to reintegrate homeless veterans into the labor force. Amends the veterans' home loan guaranty program to waive the collection of the home loan origination fee in the case of a veteran who: (1) is involuntarily separated before October 1, 1995; (2) prior to obtaining such guaranteed home loan, has not obtained housing loan benefits under the veterans' housing and small business loan provisions; and (3) has never held a present ownership interest in his or her principal residence. Waives the minimum active-duty service requirement, for purposes of eligibility for certain veterans' benefits, in the case of individuals who were on active duty or full-time duty with the National Guard on September 30, 1990, and after such date were involuntarily discharged or released under other than adverse conditions.