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Bill· HRH.R. 5078 (102nd)referred
United States · United States Congress · 6 May 1992
Amends the Internal Revenue Code to allow the deduction of 100 percent of the net capital gain of certain qualified low-income individuals. Limits such deduction to $25,000 ($12,500 in the case of a separate return by a married individual) plus the long-term capital gain from the sale or exchange of closely held business interests or the principal residence of the taxpayer. Provides for determining the eligibility of a qualified individual. Makes such deduction inapplicable to estates and trusts. Allows such deduction in computing adjusted gross income.
Resolution· HRESH.Res. 450 (102nd)passed
United States · United States Congress · 6 May 1992
Sets forth the rule for the consideration of H.J. Res. 290 (constitutional amendment on budget process).
Resolution· HRESH.Res. 451 (102nd)referred
United States · United States Congress · 6 May 1992
Sets forth the rule for the consideration of H.J. Res. 290 (constitutional amendment on budget process).
Bill· SS. 2654 (102nd)referred
United States · United States Congress · 5 May 1992
Land and Water Conservation Fund Amendments of 1992 - Amends the Land and Water Conservation Fund Act of 1965 to require the submission with the annual budget of the United States of a comprehensive statement of the estimated requirements during the ensuing fiscal year for appropriation from the Land and Water Conservation Fund for land acquisition by eligible Federal agencies and by States and local governments. Sets forth requirements with respect to: (1) allocations from the Fund, including funds for Indian tribes and Alaska Native Village Corporations; and (2) multipurpose acquisition by States. Authorizes the Secretary of the Interior to provide financial assistance to States for outdoor recreation maintenance and security. Repeals a restriction on assistance available under the Act to enclose or shelter facilities normally used for outdoor recreation activities. Permits the use of such funds, subject to specified limitations, for: (1) maintenance of facilities acquired and developed with financial assistance provided pursuant to the Act; (2) costs of law enforcement and security personnel and other security measures; and (3) development of sheltered facilities for public health or safety in connection with projects otherwise eligible for assistance under the Act. Authorizes the transfer of funds by grant recipients to private nonprofit organizations, subject to specified requirements, to be used for projects approved in writing by the grantor of the funds in connection with the acquisition of lands (or interests in lands) and the development of recreation facilities, but not for administrative expenses. Sets forth requirements regarding maintenance of expenditures by State and Federal grant recipients.
Bill· SS. 2657 (102nd)referred
United States · United States Congress · 5 May 1992
Spending Control and Programs Evaluation Act of 1992 - Title I: Reauthorizations of Government Programs - Requires each Government program to be reauthorized at least once during each sunset reauthorization cycle. (Sunset reauthorization cycle means the period of five Congresses beginning with the 103d Congress and with each sixth Congress following the 103d Congress.) Sets forth the procedure in the House of Representatives and the Senate for the consideration of any legislation which authorizes new budget authority. Exempts from the requirements of this Act specified items, such as interest on Federal debts, health care services, general retirement and disability payments, litigation activities which have as their objectives the protection and implementation of civil rights guaranteed by the Constitution, and specified social security and retirement pay and benefits. Expresses the sense of the Congress that all programs should be considered and reauthorized in program categories which constitute major areas of lelgislative policy for sufficient periods of time to enhance oversight and the review and evaluation of Government programs. Title II: Program Inventory - Directs the Comptroller General and the Director of the Congressional Budget Office, in cooperation with the Director of the Congressional Research Service, to prepare an inventory of Federal programs. Declares that the purpose of such program inventory is to advise and assist the Congress in carrying out reauthorization and reexamination requirements and to link such reauthorization and review process with the budget process. Requires the Comptroller General to submit such program inventory to each House of Congress no later than January 1, 1993. Directs the congressional committees, the Congressional Budget Office, and the Congressional Research Service to review the program inventory and to suggest revisions. Requires that the program inventory be revised at the end of each session of the Congress and that such revisions be reported to each House. Title III: Program Reexamination - Requires each committee of the Senate and the House of Representatives to reexamine selected programs or groups of programs over which it has jurisdiction. Sets forth procedures for such review and criteria for selection of program areas for evaluation. Title IV: Miscellaneous - Sets forth miscellaneous provisions to carry out the purposes of this Act. Directs the President, with the cooperation of the head of each appropriate agency, to submit to the Congress a regulatory duplication and conflicts report for all programs scheduled for reauthorization in the next Congress. Requires appropriate congressional committees to introduce a sunset reauthorization bill not later than 15 days after the beginning of the second regular session of the Congress. Sets forth discharge procedures to apply to motions to discharge such bills. Requires specified congressional committees to report on a review of the procedures established under this Act by December 31, 1998, and every five years thereafter. Authorizes appropriations for fiscal years ending before October 1, 2003.
Law· HRH.R. 5058 (102nd)enacted
United States · United States Congress · 5 May 1992
Authorizes appropriations for the American Folklife Center for FY 1993 through 1997.
Bill· SS. 2639 (102nd)referred
United States · United States Congress · 30 April 1992
Amends the Internal Revenue Code to exclude from gross income amounts received by an individual as dividends from a domestic corporation or interest. Limits such exclusion to $500 ($1,000 in the case of a joint return). Excludes dividends received from certain tax-exempt organizations.
Bill· HRH.R. 5046 (102nd)referred
United States · United States Congress · 30 April 1992
Universal Coordinated Care Act of 1992 - Amends the Internal Revenue Code to allow an individual a tax credit for amounts paid by or on behalf of such individual to a health services account for the payment of qualified health expenses. Limits such credit to $1,500. Limits contributions to such accounts to $3,000. Defines qualified health expenses as: (1) care of the distributee at a skilled nursing facility; (2) care of the distributee at an intermediate care facility; (3) care at any other long-term facility, licensed by the State, which provides nursing or custodial care; (4) home health care of the distributee; or (5) health services supplemental policies for the distributee (established by this Act). Provides for the certification of a health services supplemental policy as a health insurance policy or other health benefit plan offered by a private entity to an individual which provided reimbursement for expenses incurred, or services for catastrophic and long-term care. Requires any amount distributed out of a health services account to be included in the taxable income of the distributee. Imposes a penalty on distributions not used to pay qualified health expenses. Declares such accounts exempt from tax, unless the distributee engages in prohibited transactions or the account is pledged as security for a loan. Terminates such accounts on the death of the distributee. Subjects such accounts to: (1) the excise tax on excess contributions to individual retirement accounts; (2) the excise tax on prohibited transactions; and (3) the penalty for failure to provided certain reports. Requires a Health and Human Services (HHS) report to the Congress on minimum standards for health services supplemental policies. Amends title XVIII (Medicare) of the Social Security Act to provide coverage of home care services for qualified patients. Describes the services and supplies constituting home care services. Requires a home health agency to provide such services and supplies to an individual in the individual's place of residence under a written plan of care established and periodically reviewed by a physician. Amends the Social Act to add a new title XXI, Home Care Services. Sets forth the conditions a home health agency must meet in order to receive Federal funding for the provision of home care services. Requires the Secretary of HHS to issue regulations that establish procedures for surveying home health agency compliance with title XXI requirements for quality of care. Authorizes sanctions against a home health agency which no longer meets such requirements. Requires the HHS Secretary to: (1) develop incentives to encourage home health agencies to provide high quality care; and (2) encourage States to develop policies and procedures for the licensing of home health agencies. Authorizes appropriations. Amends the Social Security Act to add a new title XXII, National Care Vouchers. Establishes the national care voucher program under which U.S. citizens, resident aliens, and certain officers and employees of international organizations or foreign governments, are eligible for benefit coverage through the purchase of insurance through a national care voucher. Requires such benefit coverage to consist of an entitlement to have payment made on the individual's behalf for medical and other specified health services, including preventive services. Requires a full cash payment to be made by the United States to each individual eligible to participate in the national care voucher program to purchase certified health care insurance. Requires the United States to establish an account meeting specified requirements for each such individual to be used for the purchase of certified health care insurance. Sets forth guidelines governing annual deposits to employee voucher accounts by employers and the United States. Exempts certain small employers from the requirements of new title XXII, including those participating in a small employer health plan. Requires the Secretary to establish: (1) minimum standards and requirements for the certification of health care insurance policies eligible to be purchased under this new title; and (2) a procedure for certifying such policies. Prescribes certification requirements. Sets forth procedures for health insurance enrollment under the national care voucher program. Requires each carrier of small employer health insurance to register with the Secretary. Requires such a carrier to offer the same health plan to any small employer located in the same community. Allows a carrier to refuse to issue or renew or terminate a plan only for nonpayment of premiums and fraud or misrepresentation. Prohibits a carrier from offering or issuing a small employer plan with a term of less than 12 months. Provides that, except with respect to rates and administrative changes, the terms of renewal (including benefits) shall be the same as the terms of issuance. Allows a carrier to change the terms of such renewal, but the premium rates charged with respect to such renewal shall be the same as that for a new issue. States that the period of renewal of each small employer health plan shall be for a period of not less than 12 months. Amends the Internal Revenue Code to allow a trade or business expense deduction for expenses paid or incurred by a small employer for a certified health care insurance policy. Amends the Trade Act of 1974 to require the Trade Representative to identify a foreign country as a high cost priority foreign country if the trade deficit between the United States and such country exceeds 15 percent of the total U.S. trade deficit and such country has entered into a free trade agreement with the United States. Requires an annual review of the list of such foreign countries for changes in the trade deficit. Imposes an equity tax of one percent of the value of the merchandise entered by high cost priority foreign countries. Establishes in the Treasury an Equity Health Insurance Trust Fund. Transfers to such Fund the equity taxes. Makes amounts in such fund available to provide payments to national voucher accounts.
Bill· HRH.R. 5050 (102nd)referred
United States · United States Congress · 30 April 1992
Universal Medical Care Act of 1992 - UniMed Act of 1992 - Creates the UniMed program with three components: MediWorkers, MediKids, and MediWrap. Title I: MediWorkers Component of UniMed Program - Subtitle A: Employer-Sponsored Group Health Plans - Amends the Employee Retirement Income Security Act of 1974 to require each employer to provide coverage to each eligible full-time employee or spouse. Provides for consumer protection by: (1) regulating claims procedures; (2) requiring certain disclosures; and (3) prohibiting financial arrangements between group health plans and physicians having the effect of reducing or limiting services. Sets forth procedures and requirements for group health plan certification by the Health Benefits Board (Board) established under this Act. Requires: (1) the Board to establish minimum quality standards; and (2) each plan to issue a health plan card to each covered individual. Mandates coverage of certain core services, including: (1) inpatient and outpatient hospital services; (2) physician and community health clinic services and certain other health professional services; (3) certain inpatient and outpatient mental health services; (4) certain alcohol and drug abuse treatment services; (5) pregnancy-related services; (6) specified preventive services; (7) diagnostic and laboratory services; and (8) case management. Allows the Board to include additional preventive services and, in order to conduct demonstrations, additional services as core benefits. Establishes related advisory committees. Prohibits a plan which is not a network plan (defining a network plan as a plan which limits coverage to services provided by participating providers or which permits higher deductibles and coinsurance applicable to the use of non-participating providers) from limiting coverage of core services to specified providers. Regulates deductibles, coinsurance, and cost-sharing. Requires the Board to: (1) annually establish reference payment rates, based on the payment methodology used under title XVIII (Medicare) of the Social Security Act, for all core services; or (2) substitute rates established by a State, unless that would increase expenditures or shift costs among UniMed's three components. Limits charges for: (1) institutional services to the reference rates; and (2) professional services to the same proportion above the reference rates as the limiting charge established under specified Medicare provisions. Requires adequate core services payment rates and use of Medicare payment methodologies. Mandates prospective reductions in reference payment rates for: (1) hospitals with excessive rates of increase of capital expenditures which were not pre-approved by the Board; and (2) medical residency programs inconsistent with number and specialty distribution standards. Limits employee-paid premiums according to a specified formula which includes consideration of the employee's wages. Prohibits excluding pre-existing conditions or exclusions for core services that are more restrictive than the exclusions under the MediWrap component. Sets forth consumer protections, including: (1) prohibiting a plan which is not a network plan from restricting the covered individual's choice of provider; (2) requiring notice of the low-income assistance available under this Act; and (3) insolvency and escrow reserves protection. Mandates issuance of health plan identification cards and use of standard claims forms and processes. Requires: (1) coordination of coverage and termination of coverage among plans and between plans and the MediKids and MediWrap components; (2) coordination of deductibles and cost-sharing among plans; (3) notice of beginning and terminating coverage of an individual; (4) ongoing accounting, for each covered individual, regarding deductibles and cost-sharing to promote portability; and (5) that the MediWrap component cover each MediWrap eligible individual whose coverage under a plan or under Medicare part A is terminated. Provides for certification of open (defined as not limited to a particular employer or industry or organized on behalf of a particular group) group health polices. Considers a plan as meeting certain certification requirements if it provides benefits through a contract with a carrier for an open certified policy. Prohibits a State from imposing any requirement on an open basic policy inconsistent with these requirements. Requires a certified group health policy to meet requirements of this Act relating to claims procedures, financial arrangements between group health plans and physicians having the effect of reducing or limiting services, issuance of UniMed cards, core services, deductibles, coinsurance, cost-sharing, payment rates, pre-existing conditions, choice of provider, solvency, standardization of cards and claims processing, and coordination and portability of coverage. Requires the carrier of a certified policy to assume responsibility under this Act for equalization of premiums. Requires a carrier which offers a certified policy to offer it without regard to the size of the employer. Allows health maintenance organizations to have certain geographic and size limits. Prohibits open basic certified policies from being terminated, except for premium nonpayment, fraud or misrepresentation, or at the end of a year. Allows employers to change to another policy without penalty at the end of each calendar year. Requires each open basic certified policy to provide coverage to eligible employees, if ordered by the Board because of employer failure to provide coverage. Provides a process for the equalization of premiums according to specified formulas, considerations, and factors. Mandates establishment of related advisory committees. Entitles certain small (fewer than 25 employees) employers to a premium subsidy beginning at a specified percentage of the employer premium and phasing out over four years. Establishes in the Health Benefits Administration the Federal Health Benefits Equalization Corporation to carry out provisions of this Act relating to equalization. Exempts the Corporation from Federal and, subject to exception, State and local taxes. Provides for the treatment of the Corporation and the Federal Health Benefits Equalization Fund (established under this Act) regarding the Federal budget and the Balanced Budget and Emergency Deficit Control Act of 1985. Establishes in the Treasury the Federal Health Benefits Equalization Fund to carry out the functions of the Corporation under these provisions, crediting to the Fund equalization payments and other amounts. Appropriates to the Fund: (1) a specified portion of taxes received under certain provisions; (2) amounts equal to the small employer subsidies; and (3) amounts equal to the low income assistance provided under title V of this Act. Sets forth reporting and disclosure requirements for all group health plans, including regarding a summary plan description, annual financial and other reports, the furnishing of certain information to covered individuals, and the publication of specified information. Regulates the retention of certain records. Requires that charges of violation of this Act be filed with the Special Counsel of the Board. Provides for the appointment of the Counsel. Requires the Counsel to investigate charges, issue complaints, and prosecute all complaints before administrative law judges of the Group Health Plan Review Board (Review Board) and the Health Benefits Board (Board). Establishes the Review Board. Provides for: (1) procedures for hearings before the administrative law judges; and (2) review of their decisions. Establishes an Early Resolution Program to facilitate discussions, clarify issues, identify additional information, encourage settlement, and present an assessment of the likely outcome of litigation. Establishes in the Health Benefits Administration the Claims Resolution Board (Claims Board) to take certain actions, including administering the Program. Sets forth Program eligibility criteria and initiation procedures. Prohibits formal rules of evidence, oaths, and transcripts. Provides for enforcement, with regard to matters which are not eligible to be brought before the Special Counsel, through a civil action brought by the Board, the Corporation, or any aggrieved party. Imposes civil penalties for failure to comply with reporting and disclosure rules. Prohibits interference with protected rights. Imposes criminal penalties for coercive interference. Preempts State laws: (1) different from this Act; (2) specifying the individuals to be covered under a certified plan or the duration of coverage; or (3) requiring a conversion right from a certified group plan to an individual plan. Prohibits State laws from prohibiting or unreasonably restricting network plans from taking specified actions. Defines a "network plan" as a plan which limits coverage of core services to those provided by participating providers or which permits higher deductibles and coinsurance applicable to the use of nonparticipating providers. Sets forth other requirements for network plans. Mandates establishment of standards for utilization review programs. Preempts inconsistent State laws. Subtitle B: Miscellaneous Provisions - Sets forth which provisions of title I (Protection of Employee Benefit Rights) of the Employee Retirement Income Security Act of 1974 (ERISA) apply and which provisions do not apply to group health plans. Title II: MediKids Component of UniMed Program - Subtitle A: Eligibility and Coverage - Entitles to benefits under this title each child who is: (1) under 22 years old; (2) a U.S. citizen or national, a lawful permanent resident alien, or an alien residing permanently in the United States; and (3) a U.S. resident (MediKids eligible children). Declares that failure to pay a premium tax under specified provisions of the Internal Revenue Code shall not terminate benefits under this title. Mandates issuance of identifying UniMed cards. Declares that MediKids eligible children are entitled to benefits whether or not a UniMed card has been issued with respect to them. Subtitle B: Benefits - Includes in core services those core services described in title I of this Act, as modified with regard to inpatient and outpatient mental health services, preventive services, prescription drugs, and developmental services. Establishes an advisory committee to advise the Board on medically necessary and reasonable core services. Allows the Board, in order to conduct demonstrations, to include additional services as core benefits. Mandates a study and report to the Congress on the appropriateness of providing coverage for long-term care under the MediKids component. Regulates (in some cases prohibits) coinsurance, copayment, and cost-sharing. Requires payment of benefits under this title to be made without regard to whether a MediKids eligible child is also entitled to benefits under titles XVIII (Medicare) and XIX (Medicaid) of the Social Security Act. Requires that Medicare benefits be coordinated with, and supplement, benefits under this title. Subtitle C: Payments; Premium Computation - Requires: (1) MediKids payments to be made on the same basis as MediWorkers payment rates, adjusting for the different populations and services; and (2) the Board to establish similar rates and methodologies for MediKids benefits that are not core services. Applies Medicare provisions (relating to withholding of payments for certain Medicaid providers and to offset of payments to individuals to collect past-due obligations arising from breach of scholarship and loan contracts) to this title. Prohibits providers from charging in excess of the applicable payment amount or charging for a service which is not medically necessary or reasonable. Provides for computation of the MediKids monthly premium amount. Subtitle D: Miscellaneous - Authorizes the Board to: (1) require providers to enter into participation agreements with the Board in order to be eligible for payments; or (2) permit such agreements. Authorizes the Board to provide for the administration of this title through a contract or agreement with one or more fiscal agents. Mandates application of the MediWorkers early resolution program and the claims review procedures to MediKids disputes and claims. Authorizes the Board to enter into a contract with health maintenance organizations and other prepaid capitation organizations for MediKids services and a monthly, prospectively determined capitated amount. Requires the Board to establish an optional primary care capitation payment methodology for pediatric practices involving a fixed, periodic payment. Authorizes agreements for utilization and quality control activities. Title III: MediWrap Component of UniMed Program - Subtitle A: Eligibility and Coverage - Entitles to MediWrap benefits each individual who is: (1) between 21 and 60 years old; (2) a U.S. citizen or national, a lawful permanent resident alien, or an alien otherwise permanently residing in the United States; and (3) a U.S. resident. Exempts from the entitlement persons entitled to benefits under Medicare part A or under MediWorkers provisions of this Act. Declares that failure to pay a premium tax under specified provisions of the Internal Revenue Code shall not terminate benefits. Mandates issuance of identifying UniMed cards. Declares that MediWrap eligible individuals are entitled to benefits whether or not a UniMed card has been issued with respect to them. Subtitle B: Benefits - Requires that MediWrap benefits be the same as MediWorkers core benefits. Allows the Board, in order to conduct demonstrations, to include additional benefits. Mandates establishment of an advisory committee to advise the Board on medical necessity and reasonableness. Regulates deductibles, coinsurance, and cost-sharing. Requires MediWrap payments to be made without regard to whether a MediWrap eligible individual is also entitled to benefits under title XIX (Medicaid) of the Social Security Act. Subtitle C: Payments; Premium Computation - Requires MediWrap payments to be made on the same basis as MediWorkers payment rates. Applies Medicare provisions (relating to withholding of payments for certain Medicaid providers and to offset of payments to individuals to collect past-due obligations arising from breach of scholarship and loan contracts) to this title. Prohibits providers from charging in excess of the applicable payment amount or charging for a service which is not medically necessary or reasonable. Provides for computation of the MediWrap monthly premium amount. Subtitle D: Miscellaneous - Authorizes the Board to: (1) require providers to enter into participation agreements with the Board in order to be eligible for payments; or (2) permit such agreements. Authorizes the Board to provide for the administration of this title through a contract or agreement with one or more fiscal agents. Mandates application of the MediWorkers early resolution program and the claims review procedures to MediWrap disputes and claims. Authorizes the Board to enter into a contract with health maintenance organizations and other prepaid capitation organizations for MediWrap services and a monthly, prospectively determined capitated amount. Authorizes agreements for utilization and quality control activities. Title IV: Cost Containment and Quality Control - Subtitle A: Cost Containment Provisions Contained Within UniMed Components - Sets forth references to other provisions of this Act. Subtitle B: Encouraging Use of "Managed" or "Coordinated" Care - Sets forth references to other provisions of this Act. Amends provisions of the Social Security Act relating to research on outcomes of health care services and procedures to mandate reflection of UniMed component needs in treatment- or condition-specific practice guidelines. Mandates inclusion of information UniMed impact in an annual report to the Congress. Authorizes appropriations to carry out the provisions. Modifies specifications regarding the source of appropriations under the provisions. Subtitle C: Quality Control - Amends the Employee Retirement Income Security Act of 1974 to require the Health Benefits Board to establish a locally-based, consumer-oriented process for providing information to employers, MediWorkers eligible individuals, and organizations representing the individuals on the quality and appropriateness of care provided under certified plans. Establishes the National Quality Advisory Committee. Requires the Board to establish a process for the recognition in each locality of a local health care quality review monitoring organization. Subtitle D: Improvements in Administrative Efficiency - Requires the Board to establish standards for: (1) UniMed cards, including electronic coding on the cards; and (2) forms to be used and electronic data to be submitted regarding claims. Subtitle E: Medical Malpractice Reform - Requires the Board to report to the Congress detailing specific reforms of medical malpractice. Allows the Board to provide for the implementation under the MediKids and MediWrap components of the early resolution program. Title V: Low Income Assistance - Mandates a sliding scale of subsidies to low income individuals for UniMed component deductibles and coinsurance. Requires, for those receiving advance assistance, subsequent filing of income statements and related payment adjustments. Disqualifies from assistance under this title all members of a family for which the statements are not filed by a specified deadline. Requires the Secretary of the Treasury to transmit income information to the Board as necessary for verification. Considers a family eligible under this title, without filing an application or an income statement, if the family that has been determined to be eligible for aid under parts A or E of title IV (Aid to Families with Dependent Children) or title XVI (Supplemental Security Income) of the Social Security Act. Title VI: Financing - Subtitle A: Amendments to Internal Revenue Code of 1986 - Amends the Internal Revenue Code to impose taxes on employers (including railroads), certain employees, railroad employee representatives, and self-employed individuals. Reduces the employer tax for small employers (under 25 employees), phasing out the reduction over four years. Imposes a tax on individuals who: (1) are covered by MediWrap; (2) are covered by MediKids, if their custodial parent is not covered by MediWrap and neither parent is covered by MediWorkers. Imposes a tax on a percentage of the excess (if any) of UniMed income (adjusted gross income determined without regard to specified provisions, plus interest income) over the income taxed by certain other provisions, plus an amount determined according to a specified formula. Modifies: (1) the percentage of health insurance costs of self-employed individuals which is deductible; and (2) requirements regarding the hospital insurance applicable contribution base. Excludes from gross income employer contributions to UniMed premiums. Phases out the exclusion for highly compensated employees. Subtitle B: Maintenance of Effort - Requires each State to pay to the UniMed Trust Fund amounts, determined according to specified formulas, relating to: (1) for the MediKids amount, the number of Medicaid-eligible children in the State, the average per child expenditures to be made under the MediKids component, and the Federal medical assistance percentage under Medicaid; and (2) for the MediWrap amount, the amount of MediWrap expenditures under the State Medicaid plan and the Federal medical assistance percentage under Medicaid. Appropriates equivalent amounts to the Fund. Subtitle C: UniMed Trust Fund - Establishes the UniMed Trust Fund with separate MediKids, MediWrap, and low income assistance accounts. Excludes Fund receipts and disbursements from the Federal budget and the Balanced Budget and Emergency Deficit Control Act of 1985. Makes the United States not liable for any obligation or liability of the Fund. Authorizes appropriations equal to the amount by which MediKids and MediWrap expenditures exceed Fund deposits. Transfers certain tax receipts and State and Federal payments to the various accounts of the Fund. Makes amounts in the Fund also available for payments under the provisions of the Social Security Act relating to outcomes of health care services and procedures. Title VII: Administration of UniMed Program - Establishes, as an independent agency in the executive branch, the Health Benefits Administration, governed by the Health Benefits Board, to administer the components of the UniMed program. Authorizes the Board to investigate and, where appropriate, refer civil and criminal violations regarding this Act, the Employee Retirement Income Security Act of 1974, or other Federal laws. Authorizes the Board to collect, analyze, and publish information relating to the UniMed program. Mandates studies regarding: (1) the effects of the program on the provisions and costs of group health plans; (2) the role of the program in meeting national health needs; (3) the operation of group health plans; (4) methods of encouraging the growth of the group health plan systems; and (5) the appropriateness of providing coverage for long-term care under the MediWorkers and MediWrap components. Title VIII: Medicare Program - Amends provisions of title II (Old-Age, Survivors, and Disability Insurance (OASDI)) of the Social Security Act relating to entitlement to hospital insurance benefits to replace references to age 65 with references to age 60 and to otherwise modify eligibility requirements for Medicare parts A (Hospital Insurance) and B (Supplementary Medical Insurance). Repeals Medicare provisions relating to: (1) hospital insurance for uninsured individuals not otherwise eligible; and (2) hospital insurance benefits for disabled individuals who have exhausted other entitlements. Amends specified Medicare provisions to replace references to age 65 with references to age 60. Makes Medicare a secondary payer after payment under MediKids. Appropriates to the Federal Hospital Insurance Trust Fund and the Federal Supplementary Medical Insurance Trust Fund, both established under the Social Security Act, the taxes received under specified provisions of the Internal Revenue Code with respect to the wages of individuals 60 years old or older or who are otherwise entitled to benefits under Medicare part A, less the decrease in income taxes resulting from such taxes. Title IX: Miscellaneous Provisions - Repeals provisions of: (1) the Internal Revenue Code relating to failure to satisfy continuation coverage requirements of group health plans; (2) the Employee Retirement Income Security Act of 1974 relating to continuation coverage under group health plans; and (3) the Public Health Service Act relating to requirements for certain group health plans for certain State and local employees. Amends the Internal Revenue Code to allow returns and return information to be furnished to the Health Benefits Administration and the Federal Health Benefits Equalization Corporation for the purposes of, and to the extent necessary in the administration of, this Act. Amends the Public Health Service Act to mandate grants to provide access to services for medically underserved populations or in high impact areas not currently being serviced by a Federally-qualified health center. Allows grant funds to be used for: (1) recruiting, training, and compensating staff; (2) facilities construction, acquisition, expansion, and modernization; (3) purchasing equipment; (4) principal and interest on related loans; (5) all services of a Federally-qualified health center; (6) any other services such a center may provide and be reimbursed under Medicaid; and (7) unreimbursed costs as described under provisions relating to community health centers. Authorizes appropriations. Mandates a study on the relationship and interaction between community health centers and hospitals in providing services to underserved areas. Authorizes appropriations. Prohibits a State, as a condition for receiving Medicaid payments, from reducing the eligibility for, or the amount of, benefits for children under 22 years old below those in effect before enactment of this Act. Amends Medicaid provisions to prohibit Medicaid payments for items and services for which payment is made under UniMed. Adds a requirement that a State Medicaid plan take all reasonable measures to ascertain the legal liability of third parties, including certified plans under MediWorkers, to pay for services under the plan. Title X: Glossary of Terms - Sets forth references to where terms are defined in this Act.
Bill· HRH.R. 5042 (102nd)referred
United States · United States Congress · 30 April 1992
Amends the Internal Revenue Code to deny a tax deduction, in the case of a taxpayer engaged in a trade or business, for: (1) expenses incurred in moving property or employees outside the United States in connection with the reduction of any business operation in the United States; (2) remuneration or other expense associated with such employees' presence outside the United States; or (3) exhaustion, wear and tear, obsolescence, amortization, or depletion with respect to such property as long as such property remains outside the United States. Repeals the foreign tax credit.
Bill· HRH.R. 5048 (102nd)referred
United States · United States Congress · 30 April 1992
Amends the Internal Revenue Code to increase from $1,000 to $5,000 the amount of proceeds from certain gambling that is exempt from income tax withholding. (Currently, only proceeds from State-conducted lotteries are exempt up to such amount.)
Bill· SS. 2629 (102nd)open
United States · United States Congress · 29 April 1992
Department of Defense Authorization Act, 1993 - Title I: Procurement - Authorizes appropriations for FY 1993 for the Army, Navy and Marine Corps, and Air Force for aircraft, missiles, weapons, tracked combat vehicles, ammunition, shipbuilding and conversion, and other procurement. Authorizes appropriations for FY 1993 for the defense agencies and the Defense Inspector General for procurement and for the destruction of lethal chemical weapons under the chemical demilitarization program. Repeals a provision requiring a separate budget request for the procurement of equipment for the reserves. Title II: Research, Development, Test and Evaluation - Authorizes appropriations for FY 1993 for the armed forces and the defense agencies for research, development, test, and evaluation (R&D). Earmarks funds authorized to the defense agencies for: (1) the Deputy Director, Defense Research and Engineering; (2) the Director of Operational Test and Evaluation; and (3) chemical agents and munitions destruction, defense. Title III: Operation and Maintenance - Authorizes appropriations for FY 1993 for operation and maintenance for: (1) the armed forces; (2) the defense agencies; (3) the reserves; (4) medical programs, defense; (5) the National Guard; (6) the National Board for the Promotion of Rifle Practice; (7) the Defense Inspector General; (8) drug interdiction and counter-drug activities, defense; (9) the Court of Military Appeals; (10) environmental restoration, defense; (11) humanitarian assistance; and (12) chemical agents and munitions destruction, defense. Authorizes appropriations for FY 1993 for working capital funds for the armed forces and the defense agencies. Empowers the Defense Inspector General with the authority to provide for any emergency or extraordinary expenses which cannot be anticipated or classified. Repeals the Federal ceiling on the number of employees in headquarters and nonmanagement headquarters activities and support activities. Repeals a Federal provision requiring the Secretary of Defense to reduce the number of civilian Department of Defense (DOD) employees employed by industrial- or commercial-type activities. Repeals specified provisions of the National Defense Authorization Act for Fiscal Years 1992 and 1993 which: (1) limit the authority of the National Defense Stockpile (NDS) Manager to dispose of materials in the NDS; and (2) require the Manager to obligate specified sums for the acquisition of materials in the NDS during FY 1992 and 1993. Provides that during FY 1992 and thereafter, sales of stockpiled material in the NDS Transaction Fund may not exceed $1,000,000,000. Authorizes the Secretary to impose a moratorium on the acquisition of new material for the NDS in order to reduce existing excess material in the stockpile. Prohibits, except to the extent authorized in appropriation Acts, the use of funds available in the NDS Transaction Fund from being obligated or expended to finance the conduct of R&D activities for the development or production of advanced materials. National Defense Sealift Improvement Act - Establishes in the Treasury the National Defense Sealift Fund. Requires the Secretary to administer the Fund, obligating and expending Fund sums for: (1) R&D relating to national defense sealift; (2) construction, purchase, lease, alteration, conversion, or operation and maintenance of sealift vessels for national defense purposes; and (3) such other purposes authorized by law relating to national defense sealift. Authorizes appropriations. States that proceeds from the sale or lease of certain vessels shall be deposited into the Fund. Transfers certain prior unobligated balances into the Fund from Navy shipbuilding and conversion funds. Title IV: Personnel Authorizations for Fiscal Year 1993 - Part A: Active Forces - Authorizes end strengths for active-duty forces for FY 1993. Part B: Reserve Forces - Authorizes end strengths for reserve components of the armed forces for FY 1993. Permits such end strengths to vary no more than two percent. Requires end strength reductions for the Selected Reserve for such fiscal year. Requires such end strength to be increased whenever members of the Selected Reserve are released from active duty. Authorizes end strengths for FY 1993 for members of the reserves on active duty in support of the reserves. Increases the number of certain enlisted and officer personnel authorized to be on active duty in support of the reserves. Part C: Military Training Student Loads - Authorizes and specifies the average military training student loads for FY 1993. Provides for the adjustment of such student loads consistent with manpower strengths authorized under this Act. Title V: General Provisions - Increases from four to every five years the physical examination requirement for members of the Ready Reserve. National Guard Amendments of 1992 - Adds warrant officers and enlisted members of the National Guard to those females authorized to be in the U.S. militia. Repeals Federal provisions requiring each member of the Army or Air National Guard called into Federal service to undergo a physical examination. Requires all parts of a National Guard unit to be included in a drill and instruction within 90 consecutive days (currently, 30) in order to be credited as an assembly for drill and instruction for purposes of National Guard duty requirements. Waives a required 30-day prior notification of termination for a National Guard technician when such technician: (1) is serving under a temporary appointment; (2) is serving in a trial or probationary period; or (3) has voluntarily ceased to be a member of the National Guard when such membership is a condition of employment. Repeals a current ceiling on the number of such technicians who may be employed at any one time. Includes commissioned officers of the Army or Air National Guard with those officers empowered to declare National Guard property as unserviceable through fair wear and tear. Waives a required increase in the pay and allowances of member of the armed forces in conformity with annual GS-level increases. Provides, in lieu thereof, effective on January 1, 1993, an increase of 3.7 percent in the rates of basic pay, basic allowance for subsistence, and basis allowance for quarters. Repeals a provision of the Department of Defense Authorization Act, 1985 requiring the Secretary to report annually to the Congress on U.S. expenditures in support of the North Atlantic Treaty Organization (NATO). Revises the annual date for the report of the Secretary to the Senate and House Armed Services Committees (defense committees) with respect to special access programs. Provides lease terms and conditions to be followed by the Secretary when leasing defense property for display or demonstration at international shows or trade expositions or to foreign governments, when the lessee is the manufacturer of the defense equipment. Allows the Secretary to acquire from NATO and its subsidiary bodies logistic support, supplies, and services for elements of the armed forces (currently, only for elements of the armed forces deployed in Europe or adjacent waters). Provides that limitations on the amounts that may be obligated or accrued by the United States for the acquisition of defense supplies shall not apply to a period of active hostilities involving U.S. armed forces (currently, involving NATO). Amends the Arms Export Control Act and similar armed forces provisions to require participants in cooperative R&D projects with friendly foreign countries to share equitably the overhead and administrative costs as well as the costs of claims (currently, only the first two costs are shared). Extends through: (1) FY 1995 the aviation officer retention bonus; (2) FY 1994 the provision of special pay to enlisted members of the Selected Reserve assigned to certain high priority units; (3) FY 1995 provisions determining the computation of creditable service as commissioned officers before mandatory transfer to the Retired Reserve; (4) FY 1995 the grade determination authority for certain reserve medical officers; (5) FY 1995 the promotion authority for certain reserve officers serving on active duty; (6) FY 1995 the provision of education loans for certain health professionals who serve in the Selected Reserve; (7) FY 1994 the accession bonus for registered nurses serving in military medical facilities; (8) FY 1994 the special pay for nurse anesthetists; (9) FY 1997 the special pay for military enlistment and reenlistment bonuses for active duty forces; (10) FY 1995 the special pay for enlistment and reenlistment bonuses for reserve forces; (11) FY 1993 the provision of special pay for enlisted members of the Selected Reserve assigned to high priority units; (12) FY 1995 the authority for special pay for critically short wartime health specialists in the Selected Reserve; and (13) FY 2001 the major defense acquisition pilot program authorized under the National Defense Authorization Act for Fiscal Year 1991. Repeals the authority for the temporary promotion of certain critically-skilled Navy lieutenants. Strategic and Critical Materials Stock Piling Revision Act of 1992 - Amends the Strategic and Critical Materials Stock Piling Act to state as a purpose of such Act the identification of stocks of certain strategic and critical materials. States that the quantity of materials to be stockpiled under the Act should be sufficient to meet the needs of the United States during a national emergency requiring significant (currently, total) mobilization of the economy. Removes a provision prohibiting the National Defense Stockpile (NDS) from being used for budgetary purposes. Requires the handling, storage, security, maintenance, and disposal of materials in the NDS to be done in an environmentally sound manner. Allows materials in the NDS to be replaced by better materials when necessary to prevent deterioration. Allows materials to be timely disposed when becoming obsolete. Removes a current requirement limiting the President's acquisition of interests in real or personal property for storage, security, and maintenance of materials in the NDS to a 20-year period. Authorizes the President to loan NDS materials to Federal agencies when in the interest of national defense. Removes a prohibition against the obligation or appropriation of funds for the acquisition of materials in the NDS unless such funds have been authorized by law. Allows a disposal from the NDS (other than certain excepted disposals) to be made only if it has been included in the materials plan report currently required under Federal law, or the Congress has been properly notified. Removes a requirement prohibiting any disposal the effect of which would be an unobligated balance in the National Defense Stockpile Transaction Fund (NDS Fund) in excess of $100,000,000. Prohibits disposals from the NDS in any one fiscal year in excess of $1,000,000,000. Allows any proposed or new expenditures or disposals detailed in a materials plan for a fiscal year to be carried over to the materials plans for subsequent fiscal years. Allows money received from the sale and rotation of materials in the NDS to be used for general purposes of the NDS Fund. (Currently, moneys received from the sale of rotated materials may only be used for the acquisition of replacement material.) Adds to the authorized uses of the NDS Fund: (1) the contracting for materials development and research; (2) the purchase or purchase commitment of strategic and critical materials of domestic origin when needed for the NDS; and (3) the contracting or commitment to contract with domestic facilities for the upgrading, refining, or processing of materials in the NDS when necessary to convert such materials into a form more suitable for storage and subsequent disposition or use in a national emergency. Authorizes the President (currently, the NDS Manager) to barter materials in the stockpile in order to acquire, upgrade, refine, or process other materials. Repeals a Federal provision prohibiting the President from delegating his authority to dispose of stockpiled materials and to import strategic and critical materials from non-Communist countries. Adds the definition of "significant change" for purposes of a significant change proposed by the President to the Congress in the required annual materials plans. Repeals provisions of the Department of Defense Appropriations Act, 1987 and the National Defense Authorization Act for Fiscal Year 1987 which require the President, during FY 1987 through 1933, to award contracts for the conversion of chromium and manganese ores held in the NDS into high carbon ferrochromium and high carbon ferromanganese. Authorizes the NDS Manager to: (1) revise quantities of materials to be stockpiled; and (2) dispose of such materials as authorized by law or as determined by the Manager to be in excess of current stockpile requirements.
Bill· SS. 2628 (102nd)open
United States · United States Congress · 29 April 1992
Military Construction Authorization Act for Fiscal Year 1993 - Title I: Army - Authorizes the Secretary of the Army to acquire real property and carry out military construction projects in specified amounts at specified installations and locations. Authorizes the Secretary to construct or acquire military family housing units, to carry out architectural and engineering services and construction design, and to improve existing military family housing units in specified amounts at specified installations. Authorizes appropriations to the Army for fiscal years beginning after 1992 for military construction projects, unspecified minor construction projects, repair of real property, architectural and engineering design services, military family housing functions within the Department, and the homeowners assistance program. Limits the total cost of construction projects authorized by this title. Extends certain FY 1990 military construction projects. Title II: Navy - Authorizes the Secretary of the Navy to acquire real property and carry out military construction projects in specified amounts at specified installations and locations. Authorizes the Secretary to construct or acquire military family housing units, to carry out architectural and engineering services and construction design, and to improve existing military family housing units in specified amounts at specified installations. Authorizes appropriations to the Navy for fiscal years beginning after 1992 for military construction projects, unspecified minor construction projects, repair of real property, architectural and engineering design services, and military family housing functions within the Department. Limits the total cost of construction projects authorized by this title. Title III: Air Force - Authorizes the Secretary of the Air Force to acquire real property and carry out military construction projects in specified amounts at specified installations and locations. Authorizes the Secretary to construct or acquire military family housing units, to carry out architectural and engineering services and construction design, and to improve existing military family housing units in specified amounts at specified installations. Authorizes appropriations to the Air Force for fiscal years beginning after 1992 for military construction projects, unspecified minor construction projects, repair of real property, architectural and engineering design services, and for military family housing functions within the Department. Limits the total cost of construction projects authorized by this title. Title IV: Defense Agencies - Authorizes the Secretary of Defense to acquire real property and carry out military construction projects in specified amounts at specified installations and locations. Authorizes appropriations to the Department of Defense (DOD) for fiscal years beginning after 1992 for military construction projects, unspecified minor construction projects, architectural and engineering design services, conforming storage facilities, certain base closure and realignment activities, repair of real property, and military family housing functions within DOD. Authorizes prior-year unobligated funds to be made available for military construction projects authorized in this title. Limits the total cost of construction projects authorized by this title. Title V: North Atlantic Treaty Organization Infrastructure - Authorizes the Secretary of Defense to make contributions for the North Atlantic Treaty Organization (NATO) Infrastructure Program. Authorizes appropriations to the Secretary for fiscal years beginning after 1992 for such contributions. Title VI: Guard and Reserve Forces Facilities - Authorizes appropriations for fiscal years beginning after 1992 for acquisition, architectural and engineering services, repair of real property, and construction of facilities for the Guard and reserve forces in specified amounts. Title VII: Expiration of Authorizations - Terminates all authorizations contained in titles I through VI on October 1, 1995, or the date of enactment of an Act authorizing funds for military construction for FY 1996, whichever is later, with specified exceptions. Title VIII: General Provisions - Expands authorized military construction activities to include alteration and repair with respect to a military installation. Requires a cost of over $15,000 which extends the useful life of a facility in order to be considered a military construction project. Includes repair activities within the definition of minor military construction. Requires any such repair within a minor military construction project to cost more than $15,000 and to extend the useful life of the facility. Provides that unspecified minor construction and repair projects funded by working capital funds may be so funded without being subject to the dollar limitations prescribed for such construction and repair activities. Repeals a Federal provision authorizing the Secretary of the military department concerned to carry out facility renovation projects that combine maintenance, repair, and minor construction projects for an entire single-purpose facility, or one or more areas of a multipurpose facility, using operation and maintenance funds. Authorizes a reserve forces facilities acquisition project costing $15,000 (currently, $300,000) or less to be carried out with operation and maintenance funds. Authorizes the Secretary concerned to carry out an emergency construction project five days (currently, 21) after notification to the Congress. Allows funds from the Department of Defense Base Closure Account or from the Department of Defense Base Closure Account 1990 to be used for base closure and realignment activities under either the Defense Authorization Amendments and Base Closure and Realignment Act or the Department of Defense Authorization Act, 1991. Revises the funding limitations contained in each such Act to conform to such change. Defines further the base closure and realignment activities authorized under each such Act as the environmental restoration, community economic adjustment assistance, and disposal of property at bases selected for closure under such Acts. Revises the computation of the amount of proceeds obtained from the sale or transfer of property in connection with a base closure or realignment which are to be transferred to a reserve account and used for acquiring, constructing, or improving commissary stores and nonappropriated fund instrumentalities under the Defense Authorization Amendments and Base Closure and Realignment Act, the Defense Base Closure and Realignment Act of 1990, and the National Defense Authorization Act for Fiscal Year 1991. Authorizes the Secretary of the Navy to convey all U.S. rights and interest in real property consisting of the operations portion of the Marine Corps Air Station, Tustin, California, in exchange for the construction of replacement facilities at either the Tustin location, the Marine Corps Base at Camp Pendleton, California, or the Marine Corps Air Ground Combat Center, Twentynine Palms, California, or a combination of each such facility. Requires such conveyance authority to expire 12 months after enactment of this Act, unless the Secretary makes certain determinations with respect to such conveyance. Provides that, upon such expiration of authority, the closure of the Tustin facility shall proceed as a closure under the Defense Base Closure and Realignment Act of 1990. Authorizes the Secretary of Defense to transfer available DOD funds to a fund established under the Demonstration Cities and Metropolitan Development Act of 1966 for persons eligible under such Act for homeowners assistance. Waives certain congressional reporting requirements with respect to real property acquisitions or leases by DOD in excess of specified amounts in the event of a declaration of war or national emergency, or for real property transactions required in connection with a contingency operation. Requires each military department Secretary who exercises such waiver to notify the Senate and House Armed Services Committees within 30 days after its exercise. Amends the National Defense Authorization Act for Fiscal Years 1992 and 1993 to direct the Secretary of Defense to ensure that the authorization requested by DOD for construction costs resulting from closing or realigning each installation (currently, for each military construction project) does not exceed the cost estimate provided by the Defense Base Closure and Realignment Commission. Authorizes the Secretary to undertake (and to authorize the Secretaries of the military departments to undertake) military construction projects not otherwise authorized by law in the event of a declaration of a contingency operation by the Secretary. (Currently, this authority is permitted only in the declaration of war or national emergency.) Makes inapplicable to unspecified minor military construction or repair projects certain authorized cost variation limitations for a military construction project or for the construction, improvement, and acquisition of a military family housing project.
Law· HRH.R. 5006 (102nd)enacted
United States · United States Congress · 29 April 1992
Department of Defense Authorization Act, 1993 - Title I: Procurement - Authorizes appropriations for FY 1993 for the Army, Navy and Marine Corps, and Air Force for aircraft, missiles, weapons, tracked combat vehicles, ammunition, shipbuilding and conversion, and other procurement. Authorizes appropriations for FY 1993 for the defense agencies and the Defense Inspector General for procurement and for the destruction of lethal chemical weapons under the chemical demilitarization program. Repeals a provision requiring a separate budget request for the procurement of equipment for the reserves. Title II: Research, Development, Test and Evaluation - Authorizes appropriations for FY 1993 for the armed forces and the defense agencies for research, development, test, and evaluation (R&D). Earmarks funds authorized to the defense agencies for: (1) the Deputy Director, Defense Research and Engineering; (2) the Director of Operational Test and Evaluation; and (3) chemical agents and munitions destruction, defense. Title III: Operation and Maintenance - Authorizes appropriations for FY 1993 for operation and maintenance for: the armed forces; the defense agencies; the reserves; medical programs, defense; the National Guard; the National Board for the Promotion of Rifle Practice; the Defense Inspector General; drug interdiction and counter-drug activities, defense; the Court of Military Appeals; environmental restoration, defense; humanitarian assistance; and chemical agents and munitions destruction, defense. Authorizes appropriations for FY 1993 for working capital funds for the armed forces and the defense agencies. Empowers the Defense Inspector General with the authority to provide for any emergency or extraordinary expenses which cannot be anticipated or classified. Repeals the Federal ceiling on the number of employees in headquarters and nonmanagement headquarters activities and support activities. Repeals a Federal provision requiring the Secretary of Defense to reduce the number of civilian Department of Defense (DOD) employees employed by industrial- or commercial-type activities. Repeals specified provisions of the National Defense Authorization Act for Fiscal Years 1992 and 1993 which: (1) limit the authority of the National Defense Stockpile (NDS) Manager to dispose of materials in the NDS; and (2) require the Manager to obligate specified sums for the acquisition of materials in the NDS during FY 1992 and 1993. Provides that during FY 1992 and thereafter, sales of stockpiled material in the NDS Transaction Fund may not exceed $1,000,000,000. Authorizes the Secretary to impose a moratorium on the acquisition of new material for the NDS in order to reduce existing excess material in the stockpile. Prohibits, except to the extent authorized in appropriation Acts, the use of funds available in the NDS Transaction Fund from being obligated or expended to finance the conduct of R&D activities for the development or production of advanced materials. National Defense Sealift Improvement Act - Establishes in the Treasury the National Defense Sealift Fund. Requires the Secretary to administer the Fund, obligating and expending Fund sums for: (1) R&D relating to national defense sealift; (2) construction, purchase, lease, alteration, conversion, or operation and maintenance of sealift vessels for national defense purposes; and (3) such other purposes authorized by law relating to national defense sealift. Authorizes appropriations. States that proceeds from the sale or lease of certain vessels shall be deposited into the Fund. Transfers certain prior unobligated balances into the Fund from Navy shipbuilding and conversion funds. Title IV: Personnel Authorizations for Fiscal Year 1993 - Part A: Active Forces - Authorizes end strengths for active-duty forces for FY 1993. Part B: Reserve Forces - Authorizes end strengths for reserve components of the armed forces for FY 1993. Permits such end strengths to vary no more than two percent. Requires end strength reductions for the Selected Reserve for such fiscal year. Requires such end strength to be increased whenever members of the Selected Reserve are released from active duty. Authorizes end strengths for FY 1993 for members of the reserves on active duty in support of the reserves. Increases the number of certain enlisted and officer personnel authorized to be on active duty in support of the reserves. Part C: Military Training Student Loads - Authorizes and specifies the average military training student loads for FY 1993. Provides for the adjustment of such student loads consistent with manpower strengths authorized under this Act. Title V: General Provisions - Increases from four to every five years the physical examination requirement for members of the Ready Reserve. National Guard Amendments of 1992 - Adds warrant officers and enlisted members of the National Guard to those females authorized to be in the U.S. militia. Repeals Federal provisions requiring each member of the Army or Air National Guard called into Federal service to undergo a physical examination. Requires all parts of a National Guard unit to be included in a drill and instruction within 90 consecutive days (currently, 30) in order to be credited as an assembly for drill and instruction for purposes of National Guard duty requirements. Waives a required 30-day prior notification of termination for a National Guard technician when such technician: (1) is serving under a temporary appointment; (2) is serving in a trial or probationary period; or (3) has voluntarily ceased to be a member of the National Guard when such membership is a condition of employment. Repeals a current ceiling on the number of such technicians who may be employed at any one time. Includes commissioned officers of the Army or Air National Guard with those officers empowered to declare National Guard property as unserviceable through fair wear and tear. Waives a required increase in the pay and allowances of member of the armed forces in conformity with annual GS-level increases. Provides, in lieu thereof, effective on January 1, 1993, an increase of 3.7 percent in the rates of basic pay, basic allowance for subsistence, and basic allowance for quarters. Repeals a provision of the Department of Defense Authorization Act, 1985 requiring the Secretary to report annually to the Congress on U.S. expenditures in support of the North Atlantic Treaty Organization (NATO). Revises the annual date for the report of the Secretary to the Senate and House Armed Services Committees (defense committees) with respect to special access programs. Provides lease terms and conditions to be followed by the Secretary when leasing defense property for display or demonstration at international shows or trade expositions or to foreign governments, when the lessee is the manufacturer of the defense equipment. Allows the Secretary to acquire from NATO and its subsidiary bodies logistic support, supplies, and services for elements of the armed forces (currently, only for elements of the armed forces deployed in Europe or adjacent waters). Provides that limitations on the amounts that may be obligated or accrued by the United States for the acquisition of defense supplies shall not apply to a period of active hostilities involving U.S. armed forces (currently, involving NATO). Amends the Arms Export Control Act and similar armed forces provisions to require participants in cooperative R&D projects with friendly foreign countries to share equitably the overhead and administrative costs as well as the costs of claims (currently, only the first two costs are shared). Extends through: (1) FY 1995 the aviation officer retention bonus; (2) FY 1994 the provision of special pay to enlisted members of the Selected Reserve assigned to certain high priority units; (3) FY 1995 provisions determining the computation of creditable service as commissioned officers before mandatory transfer to the Retired Reserve; (4) FY 1995 the grade determination authority for certain reserve medical officers; (5) FY 1995 the promotion authority for certain reserve officers serving on active duty; (6) FY 1995 the provision of education loans for certain health professionals who serve in the Selected Reserve; (7) FY 1994 the accession bonus for registered nurses serving in military medical facilities; (8) FY 1994 the special pay for nurse anesthetists; (9) FY 1997 the special pay for military enlistment and reenlistment bonuses for active duty forces; (10) FY 1995 the special pay for enlistment and reenlistment bonuses for reserve forces; (11) FY 1993 the provision of special pay for enlisted members of the Selected Reserve assigned to high priority units; (12) FY 1995 the authority for special pay for critically short wartime health specialists in the Selected Reserve; and (13) FY 2001 the major defense acquisition pilot program authorized under the National Defense Authorization Act for Fiscal Year 1991. Repeals the authority for the temporary promotion of certain critically-skilled Navy lieutenants. Strategic and Critical Materials Stock Piling Revision Act of 1992 - Amends the Strategic and Critical Materials Stock Piling Act to state as a purpose of such Act the identification of stocks of certain strategic and critical materials. States that the quantity of materials to be stockpiled under the Act should be sufficient to meet the needs of the United States during a national emergency requiring significant (currently, total) mobilization of the economy. Removes a provision prohibiting the National Defense Stockpile (NDS) from being used for budgetary purposes. Requires the handling, storage, security, maintenance, and disposal of materials in the NDS to be done in an environmentally sound manner. Allows materials in the NDS to be replaced by better materials when necessary to prevent deterioration. Allows materials to be timely disposed when becoming obsolete. Removes a current requirement limiting the President's acquisition of interests in real or personal property for storage, security, and maintenance of materials in the NDS to a 20-year period. Authorizes the President to loan NDS materials to Federal agencies when in the interest of national defense. Removes a prohibition against the obligation or appropriation of funds for the acquisition of materials in the NDS unless such funds have been authorized by law. Allows a disposal from the NDS (other than certain excepted disposals) to be made only if it has been included in the materials plan report currently required under Federal law, or the Congress has been properly notified. Removes a requirement prohibiting any disposal the effect of which would be an unobligated balance in the National Defense Stockpile Transaction Fund (NDS Fund) in excess of $100,000,000. Prohibits disposals from the NDS in any one fiscal year in excess of $1,000,000,000. Allows any proposed or new expenditures or disposals detailed in a materials plan for a fiscal year to be carried over to the materials plans for subsequent fiscal years. Allows money received from the sale and rotation of materials in the NDS to be used for general purposes of the NDS Fund. (Currently, moneys received from the sale of rotated materials may only be used for the acquisition of replacement material.) Adds to the authorized uses of the NDS Fund: (1) contracting for materials development and research; (2) purchase or purchase commitment of strategic and critical materials of domestic origin when needed for the NDS; and (3) contracting or commitment to contract with domestic facilities for the upgrading, refining, or processing of materials in the NDS when necessary to convert such materials into a form more suitable for storage and subsequent disposition or use in a national emergency. Authorizes the President (currently, the NDS Manager) to barter materials in the stockpile in order to acquire, upgrade, refine, or process other materials. Repeals a Federal provision prohibiting the President from delegating his authority to dispose of stockpiled materials and to import strategic and critical materials from non-Communist countries. Adds the definition of "significant change" for purposes of a significant change proposed by the President to the Congress in the required annual materials plans. Repeals provisions of the Department of Defense Appropriations Act, 1987, and the National Defense Authorization Act for Fiscal Year 1987 which require the President, during FY 1987 through 1933, to award contracts for the conversion of chromium and manganese ores held in the NDS into high carbon ferrochromium and high carbon ferromanganese. Authorizes the NDS Manager to: (1) revise quantities of materials to be stockpiled; and (2) dispose of such materials as authorized by law or as determined by the Manager to be in excess of current stockpile requirements.
Bill· HRH.R. 5028 (102nd)referred
United States · United States Congress · 29 April 1992
Defense Workers Bill of Rights Act of 1992 - Directs the Secretary of Defense to provide each person determined to be a displaced defense worker (a defense facility employee laid off or terminated due to the reduction or elimination of defense contracts) with written certification of such displaced status. Prohibits an eviction or distress from being made with respect to the premises of a displaced defense worker for which the rent does not exceed $1,200 per month for a period of one year after termination or layoff, or the date on which the displaced worker returns to that or comparable employment, except upon leave of court granted in an action affecting the right of possession. Provides for an automatic stay of such proceedings for up to three months, unless the court determines that the availability of the defense worker to pay the rent is not materially affected by being displaced. Provides penalties for violation of the eviction and distress prohibitions. Provides that, in the case of a displaced defense worker who has paid a deposit or an installment under a contract or lease, no person shall exercise any right or option to rescind or terminate the contract or resume possession of the property for nonpayment by the displaced defense worker, except by action of a court of competent jurisdiction. Provides penalties for violations and judicial remedies for breach of such installment contracts, including repayment of installment payments or a stay of proceedings. Provides that, in the case of an existing mortgage or trust deed for real or personal property owned by a displaced defense worker on the date of his or her termination or layoff, a court, in an action to enforce payment obligations, may stay the proceedings or make such other disposition of the case as may be equitable to conserve the interests of all parties. Provides penalties for violations and judicial remedies in such actions, including payment to the displaced defense worker of his or her equitable interest in the property before foreclosure. Prohibits an appropriate Federal banking agency from taking any action, or maintaining or enforcing any regulation, which causes an insured depository institution to: (1) violate provisions of the foreclosure protection requirements of this Act; or (2) enforce an obligation for which the displaced defense worker is entitled to protection. Provides that no sale of real or personal property and property owned for dwelling, business, or agricultural purposes shall be made until: (1) one year after the worker's termination or layoff; or (2) the date on which the displaced worker returns to his or her original or comparable employment, unless the court determines that the ability of the defense worker to pay such taxes or assessments is not materially affected by being displaced. Allows the court to stay a proceeding for the sale of property for collection of taxes or assessments for up to six months after the end of the required waiting period. Provides that when, by law, such property may be sold or forfeited for collection purposes, the displaced defense worker shall have the right to redeem such property for up to six months after the waiting period. Provides an interest limit of six percent on taxes or assessment allowed to remain unpaid during the required waiting period.
Bill· HRH.R. 5007 (102nd)referred
United States · United States Congress · 29 April 1992
Long-Term Health Care Markets Development Act - Title I: Tax-Free Withdrawals From IRA's Permitted for Payment of Long-Term Care Insurance Premiums - Amends the Internal Revenue Code to exclude from gross income amounts withdrawn from individual retirement accounts (IRAs) if: (1) the payee or distributee is age 59 1/2; and (2) the distribution is used to pay premiums for a qualified long-term care insurance policy for the benefit of the payee or distributee or the spouse, if the spouse is age 59 1/2. Defines a qualified long-term care insurance policy as a certified insurance policy or rider to provide coverage: (1) for not less than 12 consecutive months; (2) on an expense incurred, indemnity, or prepaid basis; (3) for one or more medically necessary, diagnostic services, preventive services, therapeutic services, rehabilitation services, maintenance services, personal care services, or continuing care services; and (4) provided in a setting other than an acute care unit of a hospital. Excludes policies or riders that primarily provide combinations of certain other kinds of coverage. Title II: Employers Encouraged to Offer Higher Deductibles on Employer-Provided Group Health Insurance - Allows trustees of eligible IRAs to extend credit, with such accounts as security for the credit, to employees who accept the high deductible option under employer group health insurance plans in return for the employer contributing the premium savings amount to employee IRAs. Limits the amount of credit for which an account may be used as security. Allows penalty-free distributions from IRAs to repay credit extended for medical expenses. Title III: Elimination of Certificate of Need Programs for Nursing Facilities - Amends title XIX (Medicaid) of the Social Security Act to eliminate the certificate of need program for nursing facilities. Title IV: Tax-Free Conversion of Life Insurance Policies Into Long-Term Care Insurance - Excludes from gross income amounts otherwise includible on the surrender, cancellation, or exchange of any life insurance contract, if: (1) the individual is age 65; and (2) the amount otherwise includible in gross income is used to pay long-term care insurance premiums. Title V: Exclusion of Gain on Sale of Principal Residence by Individuals Who Have Attained Age 55 Increased for Amounts Set Aside for Long-Term Care - Increases the excludible amount on the gain on the sale of a principal residence by individuals who have attained age 55 by the amount set aside by the taxpayer to pay the expenses of the taxpayer or his spouse for long-term care. Title VI: Reserves for Long-Term Care Insurance Treated in Same Manner as Reserves for Noncancellable Accident or Health Insurance - Provides for the treatment of qualified long-term care insurance in the same manner as noncancellable accident or health insurance.
Bill· HRH.R. 5010 (102nd)referred
United States · United States Congress · 29 April 1992
Industrial Revitalization Act of 1992 - Title I: Domestic Loan Guarantee Fund for the Revitalization of American Industry - Creates an Economic Transition Assistance Board. Authorizes the Board to guarantee principal and interest on loans and, in certain circumstances, provide interest subsidies for the loans, giving priority to aerospace manufacturing loans. Sets forth assistance conditions, including that the applicant be: (1) affected by U.S. defense budget reductions or by assistance by foreign governments to foreign competitors; and (2) engaged in work critical to national security or economic security. Requires full collateralization. Prohibits, during the loan and without Board approval, certain borrower actions, including: (1) declaring an extraordinary dividend; (2) making payment on certain other indebtedness; or (3) shifting any significant part of its manufacturing activities outside the United States. Limits the aggregate amount of obligations of the Board and the maximum obligations to any single enterprise. Establishes in the Treasury an emergency loan guarantee fund to be administered by the Board to pay Board expenses and to fulfill the Board's obligations under this title. Authorizes the Board, if amounts in the fund are insufficient, to issue obligations to the Secretary of the Treasury. Requires any Federal Reserve bank which is requested to do so to act as fiscal agent for the Board. Authorizes appropriations. Title II: Commercial Aircraft Agreement - Requires the U.S. Trade Representative to report on the operation of the Agreement Concerning the Application of the GATT Agreement in Civil Aircraft, including on: (1) subsidies to the aerospace industry by European Community nations; (2) any Agreement benefits to the U.S. aerospace industry; and (3) subsidies by the European Space Agency to Arianespace in commercial launch services. Title III: National Aeronautics and Space Administration Technology Development - Requires the National Aeronautics and Space Administration to: (1) modify procedures for the development, acquisition, and dissemination of technical aeronautics and space information; and (2) conduct technology projects with U.S. industry partners under agreements providing at least partially exclusive rights to participating companies. Title IV: Export-Import Bank Provisions - Requires the Export-Import Bank of the United States to report on: (1) the competitiveness of the bank's export finance services to the domestic commercial aerospace industry as compared to the services offered by foreign governments that finance the export of commercial aircraft; and (2) how the bank can more effectively assist U.S. commercial aircraft manufacturers to sell in the world market. Title V: Skills Conversion - Establishes the Skills Conversion Program to reeducate, retrain, and reorient scientific and technical personnel displaced or threatened with displacement by defense budget reductions to fill positions in existing or emerging industries. Authorizes grants for: (1) retraining services; and (2) assistance to employees during retraining. Mandates a fellowship, not to exceed a specified amount, for an employee while participating in the program.
Bill· HRH.R. 5022 (102nd)referred
United States · United States Congress · 29 April 1992
Military Construction Authorization Act for Fiscal Year 1993 - Title I: Army - Authorizes the Secretary of the Army to acquire real property and carry out military construction projects in specified amounts at specified installations and locations. Authorizes the Secretary to construct or acquire military family housing units, to carry out architectural and engineering services and construction design, and to improve existing military family housing units in specified amounts at specified installations. Authorizes appropriations to the Army for fiscal years beginning after 1992 for military construction projects, unspecified minor construction projects, repair of real property, architectural and engineering design services, military family housing functions within the Department, and the homeowners assistance program. Limits the total cost of construction projects authorized by this title. Extends certain FY 1990 military construction projects. Title II: Navy - Authorizes the Secretary of the Navy to acquire real property and carry out military construction projects in specified amounts at specified installations and locations. Authorizes the Secretary to construct or acquire military family housing units, to carry out architectural and engineering services and construction design, and to improve existing military family housing units in specified amounts at specified installations. Authorizes appropriations to the Navy for fiscal years beginning after 1992 for military construction projects, unspecified minor construction projects, repair of real property, architectural and engineering design services, and military family housing functions within the Department. Limits the total cost of construction projects authorized by this title. Title III: Air Force - Authorizes the Secretary of the Air Force to acquire real property and carry out military construction projects in specified amounts at specified installations and locations. Authorizes the Secretary to construct or acquire military family housing units, to carry out architectural and engineering services and construction design, and to improve existing military family housing units in specified amounts at specified installations. Authorizes appropriations to the Air Force for fiscal years beginning after 1992 for military construction projects, unspecified minor construction projects, repair of real property, architectural and engineering design services, and for military family housing functions within the Department. Limits the total cost of construction projects authorized by this title. Title IV: Defense Agencies - Authorizes the Secretary of Defense to acquire real property and carry out military construction projects in specified amounts at specified installations and locations. Authorizes appropriations to the Department of Defense (DOD) for fiscal years beginning after 1992 for military construction projects, unspecified minor construction projects, architectural and engineering design services, conforming storage facilities, certain base closure and realignment activities, repair of real property, and military family housing functions within DOD. Authorizes prior-year unobligated funds to be made available for military construction projects authorized in this title. Limits the total cost of construction projects authorized by this title. Title V: North Atlantic Treaty Organization Infrastructure - Authorizes the Secretary of Defense to make contributions for the North Atlantic Treaty Organization (NATO) Infrastructure Program. Authorizes appropriations to the Secretary for fiscal years beginning after 1992 for such contributions. Title VI: Guard and Reserve Forces Facilities - Authorizes appropriations for fiscal years beginning after 1992 for acquisition, architectural and engineering services, repair of real property, and construction of facilities for the Guard and reserve forces in specified amounts. Title VII: Expiration of Authorizations - Terminates all authorizations contained in titles I through VI on October 1, 1995, or the date of enactment of an Act authorizing funds for military construction for FY 1996, whichever is later, with specified exceptions. Title VIII: General Provisions - Expands authorized military construction activities to include alteration and repair with respect to a military installation. Requires a cost of over $15,000 which extends the useful life of a facility in order to be considered a military construction project. Includes repair activities within the definition of minor military construction. Requires any such repair within a minor military construction project to cost more than $15,000 and to extend the useful life of the facility. Provides that unspecified minor construction and repair projects funded by working capital funds may be so funded without being subject to the dollar limitations prescribed for such construction and repair activities. Repeals Federal provisions authorizing the Secretary of the military department concerned to carry out facility renovation projects that combine maintenance, repair, and minor construction projects for an entire single-purpose facility, or one or more areas of a multipurpose facility, using operation and maintenance funds. Authorizes a reserve forces facilities acquisition project costing $15,000 (currently, $300,000) or less to be carried out with operation and maintenance funds. Authorizes the Secretary concerned to carry out an emergency construction project five days (currently, 21) after notification to the Congress. Allows funds from the Department of Defense Base Closure Account or from the Department of Defense Base Closure Account 1990 to be used for base closure and realignment activities under either the Defense Authorization Amendments and Base Closure and Realignment Act or the Department of Defense Authorization Act, 1991. Revises the funding limitations contained in each such Act to conform to such change. Defines further the base closure and realignment activities authorized under each such Act as the environmental restoration, community economic adjustment assistance, and disposal of property at bases selected for closure under such Acts. Revises the computation of the amount of proceeds obtained from the sale or transfer of property in connection with a base closure or realignment which are to be transferred to a reserve account and used for acquiring, constructing, or improving commissary stores and nonappropriated fund instrumentalities under the Defense Authorization Amendments and Base Closure and Realignment Act, the Defense Base Closure and Realignment Act of 1990, and the National Defense Authorization Act for Fiscal Year 1991. Authorizes the Secretary of the Navy to convey all U.S. rights and interest in real property consisting of the operations portion of the Marine Corps Air Station, Tustin, California, in exchange for the construction of replacement facilities at either the Tustin location, the Marine Corps Base at Camp Pendleton, California, or the Marine Corps Air Ground Combat Center, Twentynine Palms, California, or a combination of each such facility. Requires such conveyance authority to expire 12 months after enactment of this Act, unless the Secretary makes certain determinations with respect to such conveyance. Provides that, upon such expiration of authority, the closure of the Tustin facility shall proceed as a closure under the Defense Base Closure and Realignment Act of 1990. Authorizes the Secretary of Defense to transfer available DOD funds to a fund established under the Demonstration Cities and Metropolitan Development Act of 1966 for persons eligible under such Act for homeowners assistance. Waives certain congressional reporting requirements with respect to real property acquisitions or leases by DOD in excess of specified amounts in the event of a declaration of war or national emergency, or for real property transactions required in connection with a contingency operation. Requires each military department Secretary who exercises such waiver to notify the Senate and House Armed Services Committees within 30 days after its exercise. Amends the National Defense Authorization Act for Fiscal Years 1992 and 1993 to direct the Secretary of Defense to ensure that the authorization requested by DOD for construction costs resulting from closing or realigning each installation (currently, for each military construction project) does not exceed the cost estimate provided by the Defense Base Closure and Realignment Commission. Authorizes the Secretary to undertake (and to authorize the Secretaries of the military departments to undertake) military construction projects not otherwise authorized by law in the event of a declaration of a contingency operation by the Secretary. (Currently, this authority is permitted only in the declaration of war or national emergency.) Makes inapplicable to unspecified minor military construction or repair projects certain authorized cost variation limitations for a military construction project or for the construction, improvement, and acquisition of a military family housing project.
Bill· HRH.R. 5011 (102nd)referred
United States · United States Congress · 29 April 1992
Employment Tax Improvement Act of 1992 - Title I: Procedures Applicable to Determinations of Employment Status - Amends the Internal Revenue Code to revise rules and procedures for determining employment status. Provides that if: (1) the taxpayer did not treat an individual as an employee for any period; and (2) in the case of periods after December 31, 1978, all Federal tax returns (including information returns) filed by the taxpayer are filed on a basis consistent with the treatment of such individual as not being an employee, then for purposes of employment taxes, the individual shall be deemed not to be an employee of the taxpayer unless the taxpayer had no reasonable basis for not treating such individual as an employee. Provides limitations for certain past Internal Revenue Service employment tax audits. Waives employment tax liability for reasonable good faith misclassifications based on common law rules. Makes such revised rules for determining employment status applicable for income tax purposes. Revises the employer's liability for employment taxes where the employer complies with reporting requirements. Title II: Provisions to Increase Compliance - Increases the penalty for failure to file information returns which include amounts paid for services. Requires a separate statement of nonemployee compensation on such returns. Requires backup withholding if the payor has not met taxpayer identification number verification requirements and payee notification requirements with respect to service payments. Requires information returns on services paid of $100 or more (currently, $600 or more).
Bill· HRH.R. 5018 (102nd)referred
United States · United States Congress · 29 April 1992
Save the Ozone Layer Tax Credit - Amends the Internal Revenue Code to allow a tax credit for excise taxes paid by producers of ozone-depleting chemicals if such production ceases before the beginning of the year in which it is prohibited. Provides for determining such credit and whether cessation of production has occurred.
Bill· HRH.R. 5014 (102nd)referred
United States · United States Congress · 29 April 1992
Amends the Internal Revenue Code to allow a taxpayer to include up to 160 acres of farmland on which a residence is located in the one-time exclusion of gain from sale of a principal residence by an individual who has attained age 55.
Bill· HRH.R. 5027 (102nd)referred
United States · United States Congress · 29 April 1992
Fairness and Equity Tax Act of 1992 - Amends the Internal Revenue Code to impose an additional minimum tax on: (1) a domestic corporation which is 25 percent foreign-owned; or (2) a foreign corporation engaged in a trade or business within the United States.
Bill· HRH.R. 5023 (102nd)referred
United States · United States Congress · 29 April 1992
Amends the Internal Revenue Code to allow a first-time homebuyer who purchases a principal residence a tax credit of ten percent of the purchase price of such residence. Limits the credit to $5,000. Requires married individuals filing jointly to both be first-time homebuyers. Allows the use of 50 percent of the credit in the first taxable year in which the residence is purchased and the remaining 50 percent in the succeeding taxable year. Makes this credit applicable to residences acquired after January 1, 1992, and before January 1, 1993, or for which a binding contract is entered into during such period.
Bill· HRH.R. 5015 (102nd)referred
United States · United States Congress · 29 April 1992
Utility Ratepayer Refund Act of 1992 - Amends the Internal Revenue Code to repeal the normalization method of accounting requirements with respect to excess deferred tax reserves of public utilities.
Law· HRH.R. 4996 (102nd)enacted
United States · United States Congress · 28 April 1992
Jobs Through Exports Act of 1992 - Title I: Overseas Private Investment Corporation - Overseas Private Investment Corporation Amendments Act of 1992 - Amends the Foreign Assistance Act of 1961 to revise provisions concerning the Overseas Private Investment Corporation (OPIC). Provides that a country or areas within a country may be eligible for OPIC assistance if: (1) the country has established diplomatic relations with the United States; (2) the country or area is a developing country or area, or a country in transition from a nonmarket to market economy; and (3) the country respects human rights. Raises the ceiling on the per capita income levels of countries established for purposes of granting preferential consideration for, or restricting, OPIC investment projects. Authorizes OPIC, in any case in which a country no longer meets eligibility criteria, to continue its programs in the country but prohibits the extension of new assistance with respect to projects involving the country's government. Requires the Secretary of the Treasury to hold OPIC's capital stock. Authorizes OPIC to establish an equity finance program (currently, a four-year pilot program to be conducted only in Subsaharan African countries and Caribbean countries designated as beneficiary countries under the Caribbean Basin Economic Recovery Program). Prescribes monetary and criminal penalties for fraudulent activities involving OPIC. Raises the ceiling on the maximum contingent liability allowed for OPIC insurance and outstanding guarantees. Authorizes OPIC to transfer amounts from a noncredit account revolving fund to pay subsidy costs of program levels for the loan guarantee and direct loan programs. Permits OPIC to draw specified amounts for FY 1993 through 1995 from such fund for administrative costs of such programs. Eliminates OPIC's exemption from Federal taxation. Title II: Trade and Development Agency - Redesignates the Trade and Development Program as the Trade and Development Agency. Requires the Agency to disseminate information about its activities to the private sector. Sets forth Agency auditing requirements. Authorizes appropriations for FY 1992 and 1993. Title III: Aid, Trade, and Competitiveness - Aid, Trade, and Competitiveness Act of 1992 - Requires the Administrator of the Agency for International Development (AID) to establish a capital projects office to: (1) develop a program that would focus solely on developmentally sound capital projects; and (2) consider opportunities for U.S. high-technology firms in supporting capital projects for developing countries and countries making the transition from nonmarket to market economies. Sets forth the activities of the capital projects office. Directs the President to report annually to the Congress on the extent to which: (1) U.S. Government resources have been expended to support capital projects in such countries and the extent of interagency coordination; and (2) U.S. Government capital projects and tied-aid programs have affected U.S. exports. Requires the Secretary of the Treasury, if negotiations for the implementation of the December 16, 1991, agreement within the Organization for Economic Cooperation and Development have not been completed by August 1, 1992, to report to the Congress on: (1) the status of negotiations; (2) the causes for the failure to reach an agreement by that date; and (3) the reasons the U.S. Government believes that continued negotiations will result in achieving such objective. Urges the President to use specified types and amounts of assistance for grants for capital projects. Directs the President to report to the appropriate congressional committees on the feasibility of allowing AID to offer credit guarantees for the financing of capital projects. Authorizes additional appropriations for FY 1993 for the Trade and Development Agency. Title IV: United States Commercial Centers - Directs the Secretary of Commerce to establish, as a five-year pilot program, a United States Commercial Center in one Baltic State (to serve Eastern Europe and the Commonwealth of Independent States) and in one country in Asia and Latin America to provide additional resources for the promotion of exports of U.S. goods and services to such countries. Requires the Centers to make business facilities and services and commercial law information services available on a user fee basis. Directs the Secretary to use the Market Development Cooperator Program to assist in carrying out the purposes of the Centers. Authorizes appropriations.
Bill· HRH.R. 5003 (102nd)referred
United States · United States Congress · 28 April 1992
Requires the annual congressional presentation materials for foreign economic assistance to include: (1) an identification of foreign economic assistance funds that, as of September 30 of the preceding fiscal year, had been obligated for a period of two years or more but had not been expended; (2) a certification that the purposes for which such funds were obligated remain valid; and (3) the justification for such funds not having been expended, with respect to each project for which such funds remain unexpended. Directs the Inspector General of the Agency for International Development to report to the appropriate congressional committees: (1) recommendations for reducing the amount of such unexpended balances; and (2) comments with regard to justifications for funds not having been expended. Requires the President to deobligate and return to the Treasury any foreign economic assistance funds that, as of the end of the preceding fiscal year, have been obligated for a period of more than three years but have not been expended. Authorizes the President, on a case-by-case basis, to waive such requirement if he reports to the appropriate congressional committees that the funds: (1) are being used for a construction project that requires more than three years to complete; or (2) have not been expended because of unforeseen circumstances.
Bill· SS. 2618 (102nd)referred
United States · United States Congress · 10 April 1992
Amends the Internal Revenue Code to exempt passenger vessels of 100 gross tons or less from the tax on transportation of persons by water.
Bill· SS. 2614 (102nd)referred
United States · United States Congress · 10 April 1992
Unemployment Compensation, Reemployment, and Fairness Act of 1992 - Title I: Short-time Compensation Programs - Provides that adoption of short-time compensation programs (which provide partial unemployment benefits to individuals whose workweeks have been reduced by at least ten percent under qualified employer plans providing for shortened workweeks in lieu of layoffs) as part of State unemployment compensation law is not precluded by any Federal law (including specified Internal Revenue Code provisions). Declares that benefits payable under a short-time compensation program shall be treated as unemployment compensation payable for partial unemployment, for purposes of Federal law. Requires annual State review of qualified employer plans to assure that they continue to meet short-time compensation program requirements of this Act and any applicable State law. Directs the Secretary of Labor to assist States in establishing and implementing short-time compensation programs by: (1) developing model legislative language and proposing appropriate revisions; and (2) providing technical assistance and guidance. Requires the Secretary to report to the Congress on implementation of this Act. Title II: Unemployment Reforms - Amends the Internal Revenue Code to allow States to pay unemployment benefits to eligible individuals while they participate in qualified self-employment training programs which are approved by the State agency administering unemployment compensation, and which meet requirements established by the Secretary of Labor. Amends the Social Security Act to require the State agency administering unemployment compensation to provide: (1) early reemployment review of unemployed workers (within the first five weeks of their unemployment benefits); (2) technical and training program staff to assist with reemployment services; and (3) followup reevaluation and assistance to individuals participating in reemployment activities. Requires such agency, to the extent it determines effective, to provide: (1) reemployment review information to other State employment and training program staff, including staff of State job services and service delivery areas; and (2) job search and placement services, counseling, testing, occupational and labor market information, assessment, and referral to employers. Allows such agency to provide reemployment reviews and, if effective, reemployment reviews and, if effective, reemployment services for workers who have received notice of permanent layoff or impending layoff, or workers in occupations experiencing limited demand due to technological change, impact of imports, or plant closures. Directs the Secretary of Labor to prescribe necessary regulations, including ones: (1) for determining whether an individual should be considered temporarily or permanently laid off; and (2) for assisting States in examining use of computer technology for early reemployment review and services. Amends the Social Security Act to require States to grant administrative hearings for employers with respect to their liability for paying unemployment taxes. Authorizes the Secretary of Labor to prescribe regulations relating to such hearing requirement. Title III: Budgetary Treatment of Trust Fund - Amends the Social Security Act to exclude the Unemployment Trust Fund (the Fund) (including disbursement for administrative expenses) from the unified Federal budget, thus giving the Fund "off-budget" status, beginning in FY 1993. Exempts the Fund from: (1) any general budget limitation imposed by statute on Federal expenditures and net lending (budget outlays); (2) being counted for purposes of calculating the deficit under the Congressional Budget and Impoundment Control Act of 1974; and (3) any order under specified provisions of the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) (BBEDCA).
Bill· SS. 2613 (102nd)referred
United States · United States Congress · 10 April 1992
Anti-Car Theft Act of 1992 - Title I: Tougher Law Enforcement Against Auto Theft - Subtitle A: Enhanced Penalties for Auto Theft - Amends the Federal criminal code to provide for a fine, up to 20 years' imprisonment, or both, for taking (or attempting to take) a motor vehicle from the person or presence of another by force, violence, or intimidation. Increases penalties for: (1) the importation and exportation of stolen motor vehicles, off-highway mobile equipment, vessels, or aircraft (stolen vehicles); and (2) the transportation, sale, or receipt of stolen vehicles. Makes altering or removing motor vehicle identification numbers, exporting or importing stolen vehicles, and dealing in counterfeit obligations or securities predicate offenses to a violation of the Racketeer Influenced and Corrupt Organizations Act. Subtitle B: Targeted Law Enforcement - Requires the Director of the Bureau of Justice Assistance to make grants to Anti-Car Theft Committees submitting applications in compliance with the requirements of this subtitle. Sets forth application requirements, including a statement from a chief executive of such committee that the applicant committee: (1) is either a State agency, an agency of a unit of local government, or a nonprofit entity organized pursuant to specific authorizing legislation by a State or such unit; (2) is or will be financed in part by a tax or fee on motor vehicles registered by or possessed within the State of not less than one dollar per vehicle; and (3) will devote its resources entirely to combating motor vehicle theft. Establishes formulas for the allocation of grant funds. Authorizes appropriations. Title II: Automobile Title Fraud - Directs the Attorney General: (1) by March 1, 1993, to conduct a review of information systems pertaining to the titling of motor vehicles utilized by one or more States or by a third party which represents the interests of States, and promulgate such regulations as the Attorney General deems necessary to the establishment of an information system to serve as a clearinghouse for information pertaining to the titling of motor vehicles; and (2) within six months of the promulgation of regulations, and by no later than September 1, 1993, to establish such a system. Sets forth additional provisions with respect to: (1) system operation; (2) user fees; (3) minimum capabilities of the system (such as enabling the user to determine the validity and status of a document purporting to be a certificate of title); and (4) information availability. Authorizes appropriations. Authorizes a State, by written notice to the operator, to elect to participate in the system. Grants the Director of the Federal Bureau of Investigation authority to deny access to the National Crime Information Center system to any State failing to participate in the information system pursuant to this Act. Sets forth: (1) title verification requirements (by participating States); (2) reporting requirements (by operators of junk or salvage yards and by insurance carriers); and (3) enforcement provisions (providing for the assessment and collection, by the Attorney General, of a civil penalty, which sum may be deducted from any sums owed by the United States to the person charged, subject to specified requirements). Title III: Illicit Trafficking in Stolen Auto Parts - Directs the Attorney General to promulgate a vehicle theft prevention standard which conforms to the requirements of this Act and which applies with respect to major automobile parts and replacement parts. Sets forth provisions regarding: (1) deadlines for promulgation of a proposed and final standard, extensions, and the effective date of such standard; and (2) application of such standard (to major parts installed by the motor vehicle manufacturer in automobiles with a model year designation later than the calendar year in which such standard takes effect and major replacement parts manufactured after such standard takes effect). Requires that engines and transmissions installed by the motor vehicle manufacturer be permanently stamped with the vehicle identification number and that other major parts have labels affixed meeting certain specifications. Prohibits the standard, in the case of major replacement parts, from requiring identification of any part which is not designed as a replacement for a major part required to be identified under such standard and the inscribing or affixing of any identification other than a symbol identifying the manufacturer and a common symbol identifying the part as a major replacement part. Prohibits such standards from imposing costs, to comply with such standard, upon any manufacturer of: (1) motor vehicles in excess of $15 per vehicle; or (2) major replacement parts in excess of such reasonable lesser amount per major replacement part as the Attorney General specifies in such standard. Specifies that the cost of identifying engines and transmissions shall not be taken into account in calculating a manufacturer's costs under such provision. Directs the Secretary of Labor, at the beginning of each calendar year commencing on or after January 1, 1993, as data becomes available, to certify to the Attorney General and publish in the Federal Register the percentage difference between the average of the Consumer Price Index for the 12 months preceding the beginning of such calendar year and such average for the base period. Specifies that, effective for model years beginning in such calendar year, the amounts specified in the previous paragraph shall be adjusted by such percentage difference. Requires every manufacturer of a motor vehicle part which is subject to the standard and any manufacturer of major replacement parts subject to such standards: (1) to establish and maintain such records, make such reports, and provide such items and information as the Attorney General may reasonably require to enable the Attorney General to determine whether such manufacturer has acted or is acting in compliance with this Act and such standard; and (2) upon request of an officer or employee (officer) designated by the Attorney General, to permit such officer to inspect vehicles and major parts subject to the standard and appropriate documents relevant to determining whether such manufacturer has acted or is acting in compliance with this Act and such standard. Sets forth additional requirements with respect to inspections, certification of compliance with such standard, notification of errors to the Attorney General, and inapplicability of certification requirements (to motor vehicles or major replacement parts intended solely for export, which are so labeled or tagged on the vehicle or replacement part itself and on the outside of the container, if any, until exported, and which are exported). Directs the Attorney General to enter into an agreement for the operation of an information system containing the identification numbers of stolen motor vehicles and motor vehicle parts and to designate an individual or entity as the operator of such system. Requires such system to include, at a minimum, the following information pertaining to each motor vehicle reported to a law enforcement authority as stolen and not recovered: (1) the vehicle identification number; (2) the make and model year; (3) the date on which the vehicle was reported as stolen; (4) the location of the law enforcement authority that received the reports of the vehicle's theft; and (5) if the vehicle at the time of its theft contained parts bearing identification numbers different from the vehicle identification number of the stolen vehicle, such identification numbers. Sets forth additional provisions regarding availability of information, recordkeeping, and user fees. Authorizes appropriations. Prohibits (with exceptions) any person from: (1) manufacturing for sale, selling, offering for sale, or introducing or delivering for introduction in interstate commerce or import into the United States any motor vehicle subject to the theft prevention standard under this Act or any major replacement part subject to such standard which is manufactured on or after the date the standard takes effect unless it is in conformity with such standard; (2) failing to comply with any rule prescribed by the Attorney General under this Act; (3) failing to keep specified records (or refusing access to or copying of records), make reports or provide items or information, or permit (or refusing to permit) entry or inspection as required by this Act; or (4) failing to furnish certification, or issue a certification if such person knows that such certification is materially false or misleading, pursuant to this Act. Prohibits (with exceptions) any person from selling, transferring, or installing a major part marked with an identification number without: (1) first making a request of the operator of the system and determining that such major part has not been reported as stolen; and (2) providing the transferee with a written certificate bearing a description of such major part and the identification number affixed to such major part. Establishes civil and criminal penalties for violation of this Act, including injunctions (upon petition by the Attorney General) to restrain specified violations of, and criminal contempt for violation of an injunction or restraining order issued pursuant to, this Act. Sets forth provisions with respect to venue and subpoenas. Sets forth provisions regarding: (1) the confidentiality of information reported to, or otherwise obtained by, the Attorney General pursuant to this Act, with exceptions; (2) judicial review; and (3) coordination of State and local law with the Federal vehicle theft prevention standard. Directs the Attorney General to conduct three- and five-year studies regarding motor vehicle theft and make recommendations to the Congress. Title IV: Export of Stolen Vehicles - Amends the Tariff Act of 1930 to require the Commissioner of Customs to direct customs officers to conduct random inspections of motor vehicles and shipping containers that contain motor vehicles being exported for purposes of determining whether such vehicles were stolen. Directs the Commissioner to require all persons or entities exporting used self-propelled vehicles by air or ship to provide to the U.S. Customs Service, at least 72 hours before the export, the vehicle identification number of each such vehicle and proof of ownership of such vehicle. Makes such requirement applicable to vehicles exported for personal use. Requires the Secretary of the Treasury to conduct a pilot study of the utility of a nondestructive examination system for inspection of containers that contain motor vehicles leaving the country for the purpose of determining whether such vehicles are stolen.
Bill· SS. 2608 (102nd)open
United States · United States Congress · 9 April 1992
Amtrak Authorization Act of 1992 - Amends the Rail Passenger Service Act to authorize FY 1993 through 1995 appropriations for the National Railroad Passenger Corporation (AMTRAK), including funds for: (1) operating expenses for the core system and new State-supported service; and (2) mandatory payments for railroad retirement benefits and railroad unemployment insurance obligations in excess of those calculated on an experience-rated basis. Requires that one of the two members of the AMTRAK Board of Directors who are appointed by the preferred stockholders be: (1) specially qualified to represent the interests of rail passengers (consumers); and (2) selected from among three qualified nominees of the National Association of Railroad Passengers. Changes the designation "President" of AMTRAK to "Chief Executive Officer." Eliminates the requirement that AMTRAK's articles of incorporation be amended for issuance of preferred stock required to be issued annually to the United States. Extends to subsidiaries and lessors and lessees (thus permitting sale/lease back transactions) AMTRAK's current exemption from additional taxes for expenditures to acquire or improve real property, equipment, facilities, or rights-of-way material or structures used in the provisions of rail passenger service. Authorizes AMTRAK to consider discontinuance, modification, or adjustment of any commuter service which, on or after October 1, 1993, exceeds in any previous six-month period the average loss per passenger mile for short-distance AMTRAK route service during such period. Requires AMTRAK to solicit public comment on alternatives to any such action before taking it. Directs AMTRAK to: (1) develop, and report to the Congress on, a plan for demonstrating high-speed rail technologies; and (2) give technical assistance to State and regional partnerships, study groups, private sector representatives, and other entities that seek to advance high-speed rail service through equipment upgrades and incremental infrastructure improvements on existing railroad facilities used by AMTRAK outside the Northeast Corridor. Requires AMTRAK periodically to recommend eliminating highway at-grade crossings to the Secretary of Transportation. Requires the Secretary to develop a plan for eliminating all such crossings along the main line of the Northeast Corridor, except in specified circumstances, by December 31, 1997. Requires AMTRAK to pay 20 percent of the cost of such eliminations. Directs AMTRAK to form a task force to consider recommendations for improving emergency training and performance (including first-aid and cardiopulmonary resuscitation, passenger evacuation, and disaster reponse) of on-board service and operating crew members. Requires a report to the Congress of task force findings and actions taken and recommended.
Bill· SS. 2571 (102nd)open
United States · United States Congress · 9 April 1992
Long-Term Care Family Security Act of 1992 - Title I: Community Care and Nursing Facility Care - Amends the Social Security Act (SSA) to add a new title XXI, Community Care and Nursing Facility Care. Entitles U.S. citizens and resident aliens (eligible individuals) who are moderately or severely disabled to community and nursing facility care. Specifies the scope of community and nursing facility care coverage. Sets limits on the hours of community care on the basis of the level of impairment. Provides that additional hours of community care may be made available to individuals with greater needs from pooled benefit hours. Provides for adjustment in computation of hours of community care to account for variation in intensity of types of care. Sets limits on short-term nursing facility care. Provides for assessment agency: (1) determination of the level of impairment of eligible individuals and financial eligibility for community and nursing facility care benefits; and (2) review of the quality of care provided under new title XXI. Requires care managers to: (1) establish and periodically review and revise plans of care for community care; (2) arrange for and monitor the provision and quality of community care and authorize payment for care; and (3) allocate additional hours of community care among different individuals who have been certified moderately or severely disabled and whose plans of care are being monitored. Provides for payment for community and nursing facility care. Requires that payment rates for home- and community-based services be based on a fee schedule or other prospective payment methodology established and annually adjusted by the Secretary of Health and Human Services. Subjects such services to specified coinsurance requirements. Requires that payment rates for nursing facilities be based on a specified prospective payment system. Provides that payment for care under new title XXI may be made only to providers and facilities that meet specified conditions. Requires the Director of the Office of Technology Assessment to provide for appointment of a Long-Term Care Payment Assessment Commission to: (1) make annual recommendations to the Secretary and the Congress on appropriate payment rates for community and nursing facility care; and (2) provide for specified studies and reports to the Congress about them. Authorizes appropriations. Provides for assistance to low-income individuals for coinsurance for community and short-term nursing facility care and charges for assessments. Provides protected resource levels with respect to long-term nursing facility care. Provides for determination of the amount of the resident-specific deductible for nursing facility care. Creates in the Treasury the Federal Long-Term Care Trust Fund for financing the community and nursing facility care program established above. Authorizes appropriations. Makes miscellaneous and technical amendments to Medicare and Medicaid (SSA titles XVIII and XIX) provisions, with changes including: (1) limits on Federal financial participation under Medicaid for services covered under new title XXI; (2) prohibitions on duplication of Medicaid benefits with benefits under such title; and (3) limits on skilled nursing facility care under Medicare. Title II: Financing Provisions - Provides that the public program of long-term care insurance under new title XXI shall be funded through one or more funding means in a manner that is: (1) progressive in the aggregate; (2) sufficient, each year, over time, and in the aggregate, to cover the net costs of the program; and (3) not derived from any one age group of society. Requires States to maintain current levels of financial commitment under Medicaid for population groups and long-term care services covered under the public program. Title III: Treatment of Long-Term Care Insurance - Subtitle A: Establishment of Standards for Long-Term Care Insurance Policies - Amends new title XXI to require the National Association of Insurance Commissioners or, in its absence, the Secretary, to promulgate standards for State programs to regulate long-term care insurance policies that incorporate specified requirements with respect to issuers and policy content and sales. Requires standards relating to issuers to provide for: (1) examination of policy and full refund; (2) explanation of claims denials; and (3) limitations on agent compensation. Requires standards relating to policy content to provide for: (1) use of standard definitions and terminology and uniform format; (2) minimum benefits; (3) limitations on use of preexisting condition limits; (4) protection against inflation; (5) limits on premium increases; (6) guarantees of renewability, continuation, and conversion; and (7) upgrade rights. Requires standards relating to policy sales to provide for: (1) agent certification; and (2) prohibitions against sales of duplicate policies and sales to Medicaid beneficiaries and certain unfair sales practices. Sets forth enforcement provisions. Amends the Public Health Service Act to set forth provisions similar to those above providing for the establishment of standards for long-term care insurance policies. Requires the Secretary, after the enactment of this Act, to report to the Congress on standards for insurer solvency protection. Subtitle B: Clarification of Tax Treatment of Long-Term Care Services and Long-Term Care Insurance Policies - Amends the Internal Revenue Code to accord: (1) the community and nursing facility care provided under new SSA title XXI the same tax treatment (including expense deductions) as medical care; and (2) insurance policies for such community and nursing facility care the same tax treatment as accident and health insurance policies. Provides for the tax treatment of certain pre-death benefits and benefit riders. Amends SSA title XI to prohibit applicants or recipients under specified public assistance programs from being required to make an election respecting certain pre-death benefits under life insurance policies. Title IV: Additional Grants and Demonstration Projects - Amends the Public Health Service Act to authorize the Secretary to make grants to community care agencies to assist them in providing community care to low-income individuals. Authorizes appropriations. Requires the Secretary to make grants to public and private entities to develop programs to train individuals to provide home health, homemaker, and personal assistance services for which payment may be made under SSA new title XXI. Authorizes appropriations. Amends the Older Americans Act of 1965 to authorize additional appropriations for long-term care ombudsman programs. Includes within the jurisdiction of the State Long-Term Care Ombudsman the investigation of complaints by recipients of community care under new SSA title XXI. Amends the Developmental Disabilities Assistance and Bill of Rights Act to authorize additional appropriations for information and referral services for the community and nursing facility care program under new SSA title XXI. Amends the Protection and Advocacy for Mentally Ill Individuals Act of 1986 to expand information and counseling services to include information and referral to such community and nursing facility care program. Title V: Review of Pharmaceutical Benefits - Requires the Director of the Office of Technology Assessment to provide for the appointment of a Pharmaceutical Payment Assessment and Policy Review Commission. Requires the Commission to report annually to the Congress on prescription drug costs and on issues with respect to coverage of prescription drugs under Federal health care programs. Makes appropriations for the Commission. Directs the Secretary to establish: (1) demonstration projects to assess the impact on cost, quality of care, and access to prescription drugs and pharmaceutical services of developing a prescription drug benefit for individuals that are receiving benefits for long-term care under new SSA title XXI; and (2) a Long-Term Care Prescription Drug Use Review Committee to advise about such demonstration projects. Authorizes appropriations.
Bill· SS. 2565 (102nd)referred
United States · United States Congress · 9 April 1992
Capital Formation Tax Act of 1992 - Title I: Reduction in Capital Gains Tax - Amends the Internal Revenue Code to allow a variable capital gains deduction for a taxpayer other than a corporation based upon capital assets held from one to three years. Revises provisions concerning the gain from dispositions of certain depreciable realty to provide for the recapture of the total amount of depreciation. Title II: Procedure to Ensure Revenue Neutrality - Requires an increase in the individual income tax rates for certain higher-income taxpayers if the Secretary of the Treasury determines that a capital gains revenue shortfall has occurred.
Bill· SS. 2558 (102nd)referred
United States · United States Congress · 9 April 1992
National Aeronautics and Space Administration Authorization Act, 1993 - Title I: Fiscal Year 1993 National Aeronautics and Space Administration Authorization - Authorizes appropriations to the National Aeronautics and Space Administration for: (1) research and development; (2) space flight, control and data communications; (3) construction of facilities; (4) research and program management; and (5) the Inspector General. Sets forth limits and requirements including, in certain circumstances, requiring notice to specified congressional committees and limiting reprogramming of funds. Title II: Amendment to the Space Act on Protection of Information Developed Under Space Act Agreements - Amends the National Aeronautics and Space Act of 1958 to exempt from public disclosure requirements, for up to five years, trade secret or commercial or financial information that is privileged or confidential that was obtained from a non-Federal party.
Bill· SS. 2612 (102nd)referred
United States · United States Congress · 9 April 1992
High Value Economic Growth Act of 1992 - Title I: Economic Growth Incentives - Amends the Internal Revenue Code to allow a first-time homebuyer who purchases a principal residence a tax credit of ten percent of the purposes price of such residence. Limits the credit to $5,000. Requires married individuals filing jointly to both be first-time homebuyers. Makes this credit applicable to residences acquired after February 1, 1992, and before January 1, 1993, or for which a binding contract is entered into during such period. Allows an additional depreciation deduction of 15 percent of the adjusted basis of equipment: (1) for which the original use commences with the taxpayer on or after February 1, 1992; (2) which is acquired by the taxpayer on or after February 1, 1992, and before January 1, 1993; and (3) which is placed in service before July 1, 1993. Requires such deduction to be taken in the taxable year after the year property was placed in service. Allows the special deduction in computing the alternative minimum tax. Allows penalty free-withdrawals from qualified retirement plans during 1992 for: (1) the acquisition costs of a principal residence of a first-time homebuyer who is the taxpayer or the child or grandchild of the taxpayer; or (2) the purchase of a new passenger automobile. Excludes certain rental real estate activities from treatment as a passive activity for purposes of determining passive activity losses and credits. Modifies exceptions to the exclusion of real property acquired by a qualified organization from the meaning of acquisition indebtedness. Makes certain exceptions inapplicable to sales out of foreclosure by a financial institution. Applies the meaning of acquisition indebtedness to investments in certain large partnerships where the principal purpose of partnership allocations is not tax avoidance. Repeals the special rule for publicly traded partnerships with respect to the treatment of unrelated business taxable income. Title II: Revenue Offsets - Subtitle A: General Provisions - Amends the Higher Education Technical Amendments of 1991 to eliminate the statute of limitations on the collection of guaranteed student loans. Increases the base tax rate on ozone-depleting chemicals. Eliminates the different rates for initially listed chemicals and newly listed chemicals. Requires dealers in stock or securities to use the mark to market inventory accounting methods. Disallows interest on overpayments when certain refunds have been made. Subtitle B: Electromagnetic Spectrum Function - Emerging Telecommunications Technologies Act of 1992 - Directs the Secretary of Commerce and the Chairman of the Federal Communications Commission (FCC), at least semiannually, to conduct joint spectrum planning meetings with respect to: (1) future spectrum needs; (2) the spectrum allocations necessary to accommodate those needs; and (3) actions necessary to promote the efficient use of the spectrum. Directs the Secretary and the Chairman to report annually to the President on the joint spectrum planning meetings and any resulting recommendations. Directs the Secretary to submit to the President a report identifying bands of frequencies that: (1) are allocated on a primary basis for Federal Government use and eligible for licensing pursuant to the Communications Act of 1934 (the Act); (2) are not required for the present or identifiable future needs of the Government; (3) can feasibly be made available during the next fifteen years for use under the Act for non-Government users; (4) will not result in excessive losses to the Government in relations to benefits that may be obtained through non-Government users; and (5) are likely to have significant value for non-Government users under the Act. Sets forth criteria for identifying, and recommending for reassignment, such frequencies. Requires the Secretary to submit to the President a report which makes a preliminary identification of reallocable bands of frequencies. Directs the Secretary to convene a private sector advisory committee to: (1) revise the bands of frequencies identified in the preliminary report; (2) advise the Secretary with respect to the bands of frequencies which should be included in the final report; (3) receive public comment on the reports; and (4) prepare and submit such report. Directs the advisory committee to submit to the Secretary, the FCC, and specified congressional committees recommendations for the reform of the process of allocating the electromagnetic spectrum between Federal and non-Federal use. Directs the Secretary, as part of the final report, to include a time-table for the effective dates by which the President shall, within 15 years, withdraw or limit assignments on frequencies specified in the report. Directs the President, after receiving the final report from the Secretary, to: (1) withdraw or limit the assignment to a Government station of any frequency which such report recommends for reallocation; (2) withdraw or limit the assignment to a Government station of any frequency which such report recommends to be reallocated or made available for mixed use; (3) assign or reassign other frequencies to Government stations as necessary to adjust to such withdrawal or limitation of assignments; and (4) publish in the Federal Register a notice and description of all such actions taken. Authorizes the President to substitute alternative frequencies in the interest of national security, important Governmental needs, public health or safety, or Federal financial considerations. Provides for the reimbursement to non-Government licensees, or non-Government entities operating on behalf of a Government licensee, for the incremental costs directly attributable to the loss of the use of the frequency reassigned or otherwise limited under this Act. Authorizes appropriations to provide such reimbursements. Directs the FCC, at specified intervals, to: (1) complete a public notice and comment proceeding regarding the allocation of the initial spectrum to be reassigned, and to formulate a plan to assign such spectrum pursuant to competitive bidding procedures; and (2) complete a public notice and comment proceeding, and prepare and report to the President a plan for the distribution under the Act, of the frequency bands reallocated pursuant to this Act. Amends the Communications Act of 1934 to officially authorize the FCC to assign the frequencies reallocated from Government to non-Government use under this Act. Makes certain frequency reassignments available only to the extent provided in appropriations Acts. Authorizes the President to reclaim reassigned frequencies for reassignment to Government stations. Sets forth procedures for reclaiming frequencies. Directs the FCC to use competitive bidding procedures during spectrum reallocation pursuant to this Act. Outlines other procedures to be followed by the FCC with regard to permits and licenses relating to such frequency reallocation awards. Outlines specified instances when competitive bidding procedures shall not be required. Subtitle C: Other Provisions - Amends Federal law to extend provisions regarding lump sum withdrawal of retirement contributions for civil service retirees from October 1995 to October 1996. Amends the Omnibus Budget Reconciliation Act of 1990 to extend the collection of Patent and Trademark Office user fees from 1995 to 1996. Establishes the amount to be collected in 1996. Amends the Consolidated Omnibus Budget Reconciliation Act of 1985 to provide an extension of customs user fees from 1995 to 1996. Amends the Internal Revenue Code to extend the requirement for information returns on veterans benefits from September 30, 1992, until September 30, 1998. Revises military law with respect to housing loan default procedure to take into account losses sustained on the resale of property. Amends the Social Security Act and Federal law to apply certain Medicare limits to the Federal Employee Health Benefits Program for enrollees aged 65 or older.
Bill· HRH.R. 4934 (102nd)referred
United States · United States Congress · 9 April 1992
Comprehensive Campaign Finance Reform Act of 1992 - Title I: House of Representatives Election Limitation on Contributions from Persons Other than Local Individual Residents - Amends the Federal Election Campaign Act of 1971 (FECA) to prohibit candidates in House of Representatives elections from accepting contributions from persons other than local individual residents that total more than all the contributions accepted from such residents. Title II: Reduction in the Limitation Applicable to Nonparty Multicandidate Political Committee Contributions To Candidates - Amends FECA to provide for a reduction in the limit on multicandidate political committee contributions to candidates for Federal office. Prohibits: (1) separate segregated fund bundling of contributions to candidates for Federal office; (2) transfers of funds among noncandidate, nonparty political committees; and (3) candidates for Federal office from establishing, maintaining, financing, and controlling a political committee other than the candidate's principal campaign committee. Places restrictions on contributions between principal campaign committees. Title III: Restoring the Tax Credit for Individual Contributions; and Strengthening Political Parties - Amends the Internal Revenue Code (IRC) to allow an income tax credit for qualified individual political contributions. Amends FECA to exclude up to $25,000 of individual contributions to party committees from the annual limitation on total individual contributions. Removes certain limitations on party committee contributions in general elections for Federal office. Authorizes additional party committee expenditures to offset independent expenditures in congressional general elections. Sets forth limitations and reporting requirements for soft money. Repeals the building fund exemption. Amends IRC to deny tax-exempt status to: (1) certain politically active organizations; and (2) any organization that participates or intervenes in any political campaign on behalf of or in opposition to any candidates for Federal office. Limits individual and multicandidate political committee contributions to certain political organizations maintained by a candidate for Federal office. Includes as a contribution or expenditure any payment to such a political organization for purposes related to provisions concerned with contributions or expenditures by national banks, corporations, and labor organizations. Permits independent local committees of political parties to make unlimited contributions and expenditures with respect to congressional elections. Title IV: Requiring Additional Statements to the Federal Election Commission for Individuals Who Make Independent Expenditures - Amends FECA to require individuals who make independent expenditures to include certain additional information in statements filed with the Federal Election Commission (FEC). Title V: Additional Prohibitions on Election-Related Activity by Corporations and Labor Organizations, and for Other Purposes - Amends FECA to establish additional prohibitions and reporting requirements with respect to certain election-related activities by corporations and labor organizations. Includes as a contribution or expenditure any payment to a political committee for purposes related to provisions concerned with contributions or expenditures by national banks, corporations, and labor organizations. Adds to such provisions requirements applicable to labor organizations. Requires political committee reports to the FEC to disclose debt settlement and loan security agreements entered into by the committee. Includes as a contribution any gift, subscription, loan, advance, or deposit of money made by any person for the purpose of drafting or encouraging an individual to run for Federal office. Treats such contributions as candidate contributions, whether or not the individual involved becomes a candidate. Title VI: Establishing Clarity Standards for Identification of Sponsors or (sic) Certain Unauthorized Political Advertising, and for Other Purposes - Amends FECA to establish clarity standards for identification of sponsors of certain political advertising. Provides for the removal of certain limitations on contributions in House elections when an opponent's expenditures from personal funds exceed the limitation specified by this Act. Title VII: Independent Expenditures - Amends FECA to mandate: (1) certain aural and visual political advertising requirements for the identification of any person making an independent expenditure through the broadcast or print media; and (2) certain reporting requirements for any person making such an expenditure. Revises the definition of independent expenditure. Provides for: (1) FEC hearings on complaints regarding independent expenditures; and (2) expedited judicial review of any matter relating to the making of an independent expenditure. Title VIII: Reduction of Campaign Costs - Amends the Communications Act of 1934 to: (1) limit the cost to qualified candidates of broadcasting time for pre-election political advertising to the lowest rate charged for any time in the same period; and (2) prohibit any broadcast licensee from preempting the use of any such time purchased by a qualified candidate. Title IX: Miscellaneous Provisions - Sets forth severability provisions and the effective date of this Act.
Bill· HRH.R. 4933 (102nd)referred
United States · United States Congress · 9 April 1992
Budget Process Reform Act of 1992 - Title I: Statement of Congressional Purpose - Declares that the purpose of this Act is to facilitate rational, informed, and timely decisions by the Congress. Expresses the sense of the Congress that the Federal budget process should focus the attention of policymakers and the public on the aggregate impact of Federal spending on the economy, and on the tradeoffs that must be made among priorities in order to control overall levels of spending. Declares that the budget process should contain safeguards against delay and inaction, so that temporary shut-downs of the Government may be avoided. Title II: Binding Budget Law - Requires the Congress to enact a binding budget law, in the form of a joint resolution, by April 15 of the calendar year before that in which the fiscal period commences. Requires the budget law to fit a single page, which sets forth specific budget ceilings in major functional categories. Makes it out of order in the House of Representatives or the Senate to consider any spending bill affecting spending in a major functional category unless and until a joint resolution on the budget is enacted. Amends the Congressional Budget Act of 1974 to prohibit baseline budgeting. Makes the starting point for any deliberations on the budget in committee the estimated level of outlays for the current period in each function and subfunction. Requires the budget to include comparisons of current fiscal year and proposed subsequent fiscal year spending. Requires the President to submit to the Congress on or before the fifteenth day after a joint resolution on the budget is enacted a detailed budget for the fiscal period beginning on October 1 of the current calendar year. Title III: Enforcement Mechanics - Subtitle A: Supermajority Required to Break Budget Law - Requires a two-thirds majority vote in the House and the Senate to consider any spending bill prior to the enactment of the budget law. Requires the Congressional Budget Office to provide to the Congress an estimate of the costs in each major functional category of any spending bill as soon as practicable after its introduction. Limits such estimates to those bills likely to result in costs of more than $10,000,000. Requires a two-thirds affirmative vote in the House and the Senate to consider over-budget spending bills. Requires a two-thirds affirmative vote in the House and the Senate to waive any provision of this Act. Requires a three-fifths affirmative vote in the House and the Senate to increase the tax rate, the tax base, or the amount of income subject to tax, or to decrease a deduction, exclusion, or credit. Subtitle B: Limited Enhanced Rescission Authority - Amends the Impoundment Control Act of 1974 to limit the President's rescission authority to spending that is above the limits of the budget law. Subtitle C: "Blank Check" Appropriations Prohibited - Declares the intent of the Congress to end open-ended, "blank check" appropriations which typically authorize spending "such sums as may be necessary." Requires fixed-dollar appropriations for every account except social security and interest on the debt. Prohibits open-ended appropriations. Requires Executive agencies to adjust benefit levels to ensure that appropriations for entitlement programs are not exceeded. Restricts budget authority and entitlement authority to one fiscal period. Subtitle D: "Pay As You Go" Requirement for New Spending - Prohibits the Congress from considering any legislation which authorizes, requires, or provides new entitlements/mandatory spending or exceeds the budget ceiling unless it offsets such increased spending with an equal amount of reductions. Requires a two-thirds affirmative vote in the House and the Senate to waive such prohibition. Title IV: Sustaining Mechanism - Makes appropriations to provide for an automatic continuing resolution if for any account an appropriation for a fiscal period does not become law before the beginning of such period. Restricts legislation providing funding to the Committees on Appropriations. Title V: Protection of Social Security - Provides that no reduction in benefits under title II of the Social Security Act (Old Age, Survivors, and Disability Insurance) shall be made as a consequence of this Act. Title VI: Timetable - Revises the timetable for the congressional budget process. Title VII: Conforming Amendments - Makes various technical and conforming amendments, including changing references to a concurrent resolution on the budget to references to a joint resolution on the budget. Title VIII: Definitions and Rules of Interpretation - Sets forth definitions for specified terms. Title IX: Effective Date - Declares the effective date of this Act to be January 1, 1993, applicable to fiscal years beginning after September 30, 1993. Applies to FY 1993 certain provisions of Federal law, including the Congressional Budget Impoundment Control Act of 1974 and the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act).
Bill· HRH.R. 4880 (102nd)open
United States · United States Congress · 9 April 1992
Authorizes the National Defense Stockpile Manager to reduce to a specified level the amount of cobalt stockpiled pursuant to the Strategic and Critical Materials Stock Piling Act. Amends the National Defense Authorization Act for Fiscal Years 1992 and 1993 to authorize the disposal of a specified amount of cobalt in order to reach such reduced level.
Bill· HRH.R. 4848 (102nd)open
United States · United States Congress · 9 April 1992
Long-Term Care Family Security Act of 1992 - Title I: Community Care and Nursing Facility Care - Amends the Social Security Act (SSA) to add a new title XXI, Community Care and Nursing Facility Care. Entitles U.S. citizens and resident aliens (eligible individuals) who are moderately or severely disabled to community and nursing facility care. Specifies the scope of community and nursing facility care coverage. Sets limits on the hours of community care on the basis of the level of impairment. Provides that additional hours of community care may be made available to individuals with greater needs from pooled benefit hours. Provides for adjustment in computation of hours of community care to account for variation in intensity of types of care. Sets limits on short-term nursing facility care. Provides for assessment agency: (1) determination of the level of impairment of eligible individuals and financial eligibility for community and nursing facility care benefits; and (2) review of the quality of care provided under new title XXI. Requires care managers to: (1) establish and periodically review and revise plans of care for community care; (2) arrange for and monitor the provision and quality of community care and authorize payment for care; and (3) allocate additional hours of community care among different individuals who have been certified moderately or severely disabled and whose plans of care are being monitored. Provides for payment for community and nursing facility care. Requires that payment rates for home- and community-based services be based on a fee schedule or other prospective payment methodology established and annually adjusted by the Secretary of Health and Human Services. Subjects such services to specified coinsurance requirements. Requires that payment rates for nursing facilities be based on a specified prospective payment system. Provides that payment for care under new title XXI may be made only to providers and facilities that meet specified conditions. Requires the Director of the Office of Technology Assessment to provide for appointment of a Long-Term Care Payment Assessment Commission to: (1) make annual recommendations to the Secretary and the Congress on appropriate payment rates for community and nursing facility care; and (2) provide for specified studies and reports to the Congress about them. Authorizes appropriations. Provides for assistance to low-income individuals for coinsurance for community and short-term nursing facility care and charges for assessments. Provides protected resource levels with respect to long-term nursing facility care. Provides for determination of the amount of the resident-specific deductible for nursing facility care. Creates in the Treasury the Federal Long-Term Care Trust Fund for financing the community and nursing facility care program established above. Authorizes appropriations. Makes miscellaneous and technical amendments to Medicare and Medicaid (SSA titles XVIII and XIX) provisions, with changes including: (1) limits on Federal financial participation under Medicaid for services covered under new title XXI; (2) prohibitions on duplication of Medicaid benefits with benefits under such title; and (3) limits on skilled nursing facility care under Medicare. Title II: Financing Provisions - Amends the Internal Revenue Code to: (1) increase payroll taxes on employees (including railroad employees), employers, the self-employed, and the tax on employee representatives in the form of a long-term care tax; and (2) impose a long-term care tax on the unearned income of individuals. Reduces from $192,000 to $54,800 the unified credits against estate and gift taxes. Reduces the gross estate threshold for the imposition of the estate tax from $600,000 to $200,000 for U.S. citizens or permanent residents, and from $60,000 to $20,000 for nonresident non-citizens of the United States. Requires States to maintain current levels of financial commitment under Medicaid for population groups and long-term care services covered under the public program. Title III: Treatment of Long-Term Care Insurance - Subtitle A: Establishment of Standards for Long-Term Care Insurance Policies - Amends new title XXI to require the National Association of Insurance Commissioners or, in its absence, the Secretary, to promulgate standards for State programs to regulate long-term care insurance policies that incorporate specified requirements with respect to issuers and policy content and sales. Requires standards relating to issuers to provide for: (1) examination of policy and full refund; (2) explanation of claims denials; and (3) limitations on agent compensation. Requires standards relating to policy content to provide for: (1) use of standard definitions and terminology and uniform format; (2) minimum benefits; (3) limitations on use of preexisting condition limits; (4) protection against inflation; (5) limits on premium increases; (6) guarantees of renewability, continuation, and conversion; and (7) upgrade rights. Requires standards relating to policy sales to provide for: (1) agent certification; and (2) prohibitions against sales of duplicate policies and sales to Medicaid beneficiaries and certain unfair sales practices. Sets forth enforcement provisions. Requires the Secretary, after the enactment of this Act, to report to the Congress on standards for insurer solvency protection. Subtitle B: Clarification of Tax Treatment of Long-Term Care Services and Long-Term Care Insurance Policies - Amends the Internal Revenue Code to accord: (1) the community and nursing facility care provided under new SSA title XXI the same tax treatment (including expense deductions) as medical care; and (2) insurance policies for such community and nursing facility care the same tax treatment as accident and health insurance policies. Provides for the tax treatment of certain pre-death benefits and benefit riders. Amends SSA title XI to prohibit applicants or recipients under specified public assistance programs from being required to make an election respecting certain pre-death benefits under life insurance policies. Title IV: Additional Grants and Demonstration Projects - Amends the Public Health Service Act to authorize the Secretary to make grants to community care agencies to assist them in providing community care to low-income individuals. Authorizes appropriations. Requires the Secretary to make grants to public and private entities to develop programs to train individuals to provide home health, homemaker, and personal assistance services for which payment may be made under SSA new title XXI. Authorizes appropriations. Amends the Older Americans Act of 1965 to authorize additional appropriations for long-term care ombudsman programs. Includes within the jurisdiction of the State Long-Term Care Ombudsman the investigation of complaints by recipients of community care under new SSA title XXI. Amends the Developmental Disabilities Assistance and Bill of Rights Act to authorize additional appropriations for information and referral services for the community and nursing facility care program under new SSA title XXI. Amends the Protection and Advocacy for Mentally Ill Individuals Act of 1986 to expand information and counseling services to include information and referral to such community and nursing facility care program. Title V: Review of Pharmaceutical Benefits - Requires the Director of the Office of Technology Assessment to provide for the appointment of a Pharmaceutical Payment Assessment and Policy Review Commission. Requires the Commission to report annually to the Congress on prescription drug costs and on issues with respect to coverage of prescription drugs under Federal health care programs. Makes appropriations for the Commission. Directs the Secretary to establish: (1) demonstration projects to assess the impact on cost, quality of care, and access to prescription drugs and pharmaceutical services of developing a prescription drug benefit for individuals that are receiving benefits for long-term care under new SSA title XXI; and (2) a Long-Term Care Prescription Drug Use Review Committee to advise about such demonstration projects. Authorizes appropriations.
Bill· HRH.R. 4889 (102nd)referred
United States · United States Congress · 9 April 1992
Flexible Medical Access and Cost Containment Act of 1992 - Title I: Requiring Employers to Provide Health Insurance Coverage for Employees and Dependents - Amends the Internal Revenue Code to impose on employers who fail to cover employees and their dependents under a qualified employer health plan an excise tax of $100 per employee for each day of noncompliance. Applies certain deficiency procedures to such tax. Amends the Social Security Act to add a new title XXI under which employers are required to enroll their employees and dependents under a qualified employer health plan. Makes an employer that fails to make such an enrollment liable for payment of such excise tax. Provides that a small employer may meet such requirements through purchase of coverage under the public plan provided under such new title XXI. Sets forth rules for the enrollment of full- and part-time, seasonal, and temporary employees, including rules applicable in cases of families with more than one worker and where both employers offer enrollment under a qualified employer health plan. Phases in implementation of enrollment and tax payment requirements beginning on January 1, 1993, for employers with more than 250 employees. Requires that as of January 1, 1996, all employers must provide coverage or pay the excise tax. Requires employers to provide their employees and family members with a basic health benefit package that at least mirrors the benefits provided under the public health plan. Allows the qualified employer health plan under which the employer must provide such benefit package to be either a private health plan or a self-insured plan, depending upon the size of the employer. Allows employers to charge employees up to 20 percent of the premium for such basic coverage. Outlines additional requirements for qualified employer health plan premiums and cost-sharing as well as requirements for qualified employer health plans relating to the coordination of low-income assistance for deductibles. Sets forth the standards for the Secretary to certify a health plan as a qualified employer health plan. Requires the Secretary to: (1) establish procedures for the periodic review and recertification of plans as qualified employer health plans; and (2) terminate the certification of any such plan that no longer meets such standards. Preempts certain State and Federal requirements with respect to benefit and coverage rules. Provides that the provisions of this title shall not apply with respect to an employee who is not a resident of one of the States or the District of Columbia. Amends the Internal Revenue Code, the Employee Retirement Income Security Act of 1974, and the Public Health Service Act to repeal certain health insurance continuation requirements. Title II: Provision of Health Insurance Through a Public Health Plan - Amends the Social Security Act to add a new title XXII under which is created a public health plan similar to Medicare (title XVIII of the Social Security Act) under which those U.S. citizens and resident aliens who are not Medicare beneficiaries or enrolled under a qualified employer health plan under title I of this Act, or under a Federal health plan, are eligible to enroll for the basic health insurance benefits outlined below. Provides that, in order to meet the requirements of title I of this Act, a small or medium-size employer may provide for the enrollment of full-time employees and their dependents in the public health plan, but only under certain conditions. Makes individuals with income below the Federal poverty level who enroll in the plan on a non-employment basis eligible for assistance to limit or eliminate their financial obligations for premiums, deductibles, and co-payments under the plan. Sets forth provisions detailing the application process for enrollment under the public health plan. Requires individuals who are eligible to enroll under the public health plan, but who have not applied for enrollment by January 1, 1996, to be automatically enrolled on a retroactive basis, subject to a penalty of twice any premiums otherwise due. Provides that the benefits under the public health plan shall generally be the same as those currently covered under Medicare, except that: (1) plan benefits shall include the preventive services added to the Medicare program under title V of this Act, without co-payments or limits on days of care per spell of illness; (2) plan benefits shall include specified pregnancy-related services, subject to a required periodicity schedule and prior authorization for certain services; and (3) there shall be a single annual deductible of $250 per individual/$500 per family with an overall annual limit on deductibles and co-payments of $2,500 per individual/$3,000 per family indexed to the annual increases in the contribution and benefit base. Requires payments for services under the public health plan to be based on rates established by the Secretary in accordance with specified standards, and approved by the Federal Health Care Cost Containment Commission, under title III of this Act. Directs the Secretary to establish a global fee schedule for payment of obstetrical services with a disincentive for cesarean sections. Sets forth provisions for: (1) determining the amount of premiums to be charged individuals not connected to the workforce and individuals who are employed on a part-time, seasonal, or temporary basis; and (2) collecting premiums through automatic withholdings from income sources or bank accounts. Creates in the Treasury the Public Health Trust Fund to receive the funds generated from the excise taxes imposed under this Act as well as from other revenues dedicated to the support of the plan. Directs the Secretary to provide for the: (1) submission of claims under new titles XXII and XVIII using uniform forms developed by the Federal Health Care Cost Containment Commission established under title III of this Act; and (2) reporting to the Commission of information on required health services provided under such new titles pursuant to standards the Commission develops. Sets forth administrative provisions applicable to the public health plan. Requires that the Secretary establish a toll-free telephone number for information on the public health plan. Authorizes the Secretary to conduct demonstration projects to: (1) improve the delivery and quality of health care services under new title XXII; and (2) increase the efficiency and effectiveness of the methods for paying for such services. Authorizes reciprocal coverage of foreign nationals whose home countries provide health benefits to U.S. citizens who reside there. Provides that the provisions of this title shall not apply to an individual who is not a resident of one of the States or the District of Columbia. Title III: Cost Containment - Sets national limits on the health expenditures of the public health plan and qualified employer health plans for the services required to be covered for each year beginning in 1993. Indexes the limit each year to the rate of growth in the gross national product plus: (1) four percent for 1993 and 1994; (2) three percent for 1995 and 1996; (3) two percent for 1997 and 1998; (4) one percent for 1999 and 2000; and (5) zero percent for each year after 2000. Establishes the Federal Health Care Cost Containment Commission (Commission) to: (1) apportion the overall health care spending amount established by this Act for required health services among the States; (2) monitor State compliance with the apportioned amount; (3) approve payment rates in certain States that are without a State Health Commission or are unable to control health care expenditures; (4) establish an appeals process for payment rates established by State Health Commissions; (5) develop uniform claims forms for use under the public health plan, qualified employer health plans, and Medicare; (6) develop uniform standards for reporting information on the types and amounts of required health services provided and the cost of facilities providing such services; (7) analyze information reported pursuant to such standards; and (8) report periodically to the Congress and the public on the effect of this title on the delivery of such services. Authorizes appropriations. Requires each State to establish a State Health Commission (SHC) to: (1) allocate the State apportionment of the health care spending amount among required health services furnished by different classes of providers; and (2) establish, and revise at the direction of the Commission, payment rates for such services which meet specified standards for approval by the Commission. Sets forth conditions for Commission approval of SHC established payment rates. Provides that payment rates approved under this title shall apply under both the Medicare program and the public health plan. Title IV: Group Health Insurance Reforms - Amends the Social Security Act and the Internal Revenue Code, respectively, to: (1) add a new title XXIII under which the Secretary is required to develop standards which employment-related group health insurance plans must be certified as meeting or else face loss of status as qualified employer health plans under new title XXI of the Social Security Act; and (2) impose an excise tax (set at 50 percent of gross accident and health insurance premiums received during the taxable year) on the issuer of such a group plan which fails to meet such standards, with specified exceptions. Directs the Secretary to provide for the establishment of a toll-free telephone information and complaint system which provides for: (1) a system for the receipt and disposition of consumer complaints or inquiries regarding the compliance of health plans with the requirements of this title; and (2) information to small employers about carriers that offer small employer health plans in the area covered by the regulatory authority. Provides that under such standards, no group plans may discriminate on the basis of an individual's health status, claims experience, receipt of health care, medical history, or lack of evidence of insurability. Provides for the same treatment of pre-existing condition exclusions under such group plans as provided under qualified employer health plans under title XXI. Requires the Secretary periodically to publish the names of issuers of insured employment-related small employer health plans that have been found to meet the applicable requirements of this title. Requires any health insurance carrier offering small employer health plans to register with the Secretary. Requires such carriers to offer the same plan to all small employers within their community on a continuous, year-round basis. Allows a carrier to terminate or refuse to issue or renew, a plan only for nonpayment of premiums and fraud or misrepresentation. Prohibits a carrier from offering to, or issuing with respect to, a small employer a small employer health plan with a term of less than 12 months. Requires a plan to provide for benefits for all required health services. Prohibits a plan, however, from imposing cost-sharing with respect to basic benefits in excess of the deductibles and co-payments permitted under new title XXII. Requires premiums to be community-rated for a given geographic area. Allows such premiums to be adjusted for age, gender, and type of family enrollment. Sets forth miscellaneous disclosure and recordkeeping requirements for small employer health plans. Prohibits a small employer carrier from varying the remuneration paid a broker for the sale or renewal of any small employer health plan based on the claims experience associated with the group to which the plan was sold. Allows a health maintenance organization (HMO) to: (1) deny enrollment to employees (and family members) of a small employer if the employees are located outside the HMO's service area, but only if such denial is applied uniformly without regard to health status or insurability; and (2) apply to the Secretary to cease enrolling new small employer groups in its small employer health plan under certain conditions. Exempts HMO health plans from the above mentioned requirements respecting the basic benefit package and maximum cost-sharing restrictions for small employer health plans. Title V: Changes in Medicare Program - Amends the Medicare program to: (1) add annual screenings for colorectal cancer for individuals over age 50 and for breast cancer for women over 64, vaccinations for influenza and tetanus-diphtheria, and well-child care services as program benefits; and (2) make technical and conforming changes in provisions with respect to Medicare enrollment and participation agreements that reflect the additions of new titles XXI and XXII and to ensure the coordination of law-income assistance for Medicare beneficiaries. Directs the Secretary to establish and provide for ongoing demonstration projects providing for the coverage of other specified preventive services under Medicare to determine whether to include coverage of such services for all individuals enrolled under Medicare part B (Supplementary Medical Insurance). Requires reports to specified congressional committees describing findings made under such demonstration projects and the Secretary's plans for future such demonstration projects. Authorizes appropriations. Directs the Director of the Office of Technology Assessment (OTA) to conduct a study to develop a process for the regular review of Medicare coverage of preventive services. Requires an OTA report to specified congressional committees on such study. Title VI: Financing Provisions - Amends the Internal Revenue Code to remove limitations on the contribution base for the hospital insurance tax after 1992. Allows self-employed individuals to deduct the full amount paid for health insurance costs (currently, such deduction is limited to 25 percent of such costs). Repeals the termination date of such deduction, extending it indefinitely. Applies special rules for such individuals and personal corporations before employer health plan requirements take effect. Allows small employers (those employing fewer than 100 employees) a deduction of 20 percent of the insurance premiums paid for the qualified health coverage of their employees. Requires a State, beginning January 1996, to make monthly maintenance of effort payments to the Public Health Trust Fund in order to keep its residents eligible for title XXII benefits. Title VII: Medicaid Provisions - Amends title XIX (Medicaid) of the Social Security Act to: (1) limit Federal financial participation for services covered under the public health plan; and (2) provide for the continuation of Medicaid benefits not covered under the public health plan and for the nonduplication of benefits with the public health plan.
Bill· HRH.R. 4927 (102nd)referred
United States · United States Congress · 9 April 1992
Defense Economic Reinvestment Act of 1992 - Title I: Worker and Member Assistance Programs - Directs the Secretary of Defense to establish a program to assist displaced defense workers (workers displaced as the result of the closure of defense facilities or reductions in defense spending) and members involuntarily separated from active duty in the armed forces to obtain reemployment in defense distressed areas (areas in which a minimum workforce reduction has occurred as the result of defense spending reductions or the closure of a defense facility). Directs the Secretary to enter into agreements with public or private employers that agree to extend employment positions to separated members and displaced defense workers. Requires: (1) the Secretary to pay 25 percent of the first-year's wages paid to each displaced defense worker or separated member; (2) the employer to hire a specified number of such individuals during the agreement period for at least 180 days and to place such individuals in positions located in, or relocate them outside of, a defense dependent area. Requires repayment to the Secretary by an employer breaching such agreement. Authorizes the Secretary to implement an incentive program to assist a facility in rehiring employees terminated or laid off as the result of the curtailment, completion, elimination, or realignment of a defense contract or program. Requires the Secretary to pay 12.5 percent of the first-year's wages of employees rehired under such program. Requires the facility involved to continue to pay the health insurance premium for health care elected by such employees. Authorizes appropriations to carry out both programs. Amends the Internal Revenue Code to allow an additional credit against Federal unemployment tax (not to exceed 12 percent) for employers who contribute to a reemployment assistance fund maintained under a State law certified by the Secretary of Labor. Changes the rate of Federal unemployment tax on employers to the sum of 5.4 percent of total wages paid and .25 percent of the total Federal taxable wages paid. (The current rate of tax is 6.2 percent for 1988 through 1995 and 6.0 percent for 1996 and thereafter.) Replaces the $7,000 threshold in the definition of wages, for purposes of Federal taxable wage, with the average annual wage in employment covered under State unemployment compensation laws for the most recent calendar year. Revises the method of computing installment payments of Federal unemployment tax to take into account the additional credit allowed against such tax. Directs the Secretary to establish a program under which the Secretary makes grants to eligible entities to provide: (1) retraining services to enable displaced defense workers and involuntarily separated members of the armed forces who have experience in the field of engineering to obtain employment in the field of environmental engineering; and (2) fellowship assistance to such individuals while they are receiving such retraining. Makes eligible for such grants certain public research universities having a facility located within 50 miles of a defense distressed community. Outlines selection criteria. Limits such grants to $2,000,000 per entity. Authorizes appropriations. Title II: Defense Economic Development Grants - Directs the Secretary to make grants to communities, including defense distressed communities located in defense dependent areas, to assist such communities in the economic transition necessary due to reductions in defense expenditures or the closure of defense facilities. Provides a grant preference to certain communities. Outlines authorized fund uses. Authorizes the Secretary to perform administrative services on a reimbursable basis on behalf of a grant recipient. Authorizes appropriations. Title III: Defense Industrial and Technology Base Initiatives - Expresses the sense of the Congress that: (1) upon completion of the recommendations by a government-industry committee concerning the rights of the United States in technical data produced in its Federal laboratories, the Secretary should report to the Congress concerning such recommendations and related regulations; (2) upon completion of a final report of an advisory panel concerning the streamlining and codification of defense acquisition laws, the Secretary should transmit such report to the Senate and House Armed Services Committees (defense committees), together with comments; and (3) the Secretary should make every effort to facilitate technology dissemination to U.S. private industry to the extent practical with fiscal prudence and national security. Directs the Secretary to establish a program to make grants to support the enhancement of existing programs of alternative technology development, and the establishment of new alternative technology development programs, regarding biotechnology, photonics, and agro-environmental and marine science. Makes eligible as grant recipients certain public research universities with facilities located within a defense dependent area or an independent nonprofit research institution with an advanced degree program. Requires the Secretary to give a preference in the award of such grants to universities that conduct research as part of a State comprehensive economic development and conversion plan. Requires applicants to be chosen on a merit basis pursuant to competitive procedures. Outlines selection criteria. Authorizes appropriations. Title IV: Administration of Economic Adjustment Programs in the Department of Defense - Establishes the position of Assistant Secretary of Defense for Economic Adjustment to be responsible for the overall supervision of economic adjustment programs in the Department of Defense (DOD). Establishes in DOD an Office for Economic Adjustment, directed by the Assistant Secretary. Outlines Office duties relating to the economic adjustment and industrial diversification of industries, communities, and workers adversely affected by the termination or reduction of defense spending or defense-related contracts. Requires the Office to provide economic adjustment assistance to such industries, communities, and workers on a Federal, State, and local community level. Authorizes appropriations. Title V: Notification of Defense Facilities Closings and Employee Layoffs - Requires a defense facility, as soon as practicable after receiving actual or constructive notice of the cancellation or delay of a defense contract, to notify the following persons or entities about the contract and any plant closing or layoff of 50 or more employees likely to occur as a result of the cancellation or delay: (1) the Office of Economic Adjustment of DOD; (2) each labor representative of any employee affected, or if none, the employee; and (3) the chief elected official of the State in which the facility is located. Prohibits an employer (generally, one employing 100 or more full-time employees) from ordering a plant closing or employee layoff until 60 days after the employer serves notice to such individuals and entities. Allows the employer to shut down a single site of employment before such 60-day period in limited circumstances. Requires no notification when such closing or layoff is due to a natural disaster. Provides that a layoff of more than six months which, at its outset, was announced as a layoff of six months or less, shall be treated as an employment loss unless: (1) the extension beyond six months is caused by unforeseen business circumstances; and (2) notice is given at the time it becomes foreseeable that the extension will be required. States that such notification requirements shall not apply to a plant closing or layoff if it: (1) involves a temporary facility; or (2) constitutes a strike or lockout not intended to evade the requirements of this title. Provides for civil actions against employers found to be in violation of the requirements of this title. Requires employees who suffer an employment loss without proper notification to receive back pay and certain benefits under employee benefit plans for the period of violation up to 60 days. Outlines administrative procedures in connection with such civil action. States that the remedies provided under this title for lack of due notification shall be the exclusive remedies for such violation, allowing no Federal court to enjoin a plant closing or layoff. Provides that rights and remedies provided to employees by this title are in addition to any other statutory rights and remedies of such employees.
Bill· HRH.R. 4956 (102nd)referred
United States · United States Congress · 9 April 1992
Health Administrative Simplification Act of 1992 - Requires any public or private entity or program that provides for payments for health care services (a plan), with respect to each individual entitled to benefits under the plan, to: (1) issue a health claims card to each individual residing in the United States; (2) provide to the health claims clearinghouse in electronic form certain information regarding the eligibility and benefits of the individual; and (3) accept the clearinghouse's determinations of clean claims. Requires each health service provider which furnishes services for which payment may be made under a plan to submit claims only to the clearinghouse and only in a form consistent with this Act. Provides, in case of violations, for: (1) civil monetary penalties; and (2) a prohibition of payments under titles XVIII (Medicare) and XIX (Medicaid) of the Social Security Act. Requires each hospital, as a Medicare condition, to report information regarding any hospital care provided in a uniform manner consistent with specified provisions of the Omnibus Budget Reconciliation Act of 1987. Mandates designation of clearinghouse areas having about five million residents each and being, to the extent practicable, contiguous with State boundaries. Directs the Secretary of Health and Human Services to contract with a public or private organization to perform the clearinghouse functions. Allows clearinghouses to impose charges for required functions. Includes in the required clearinghouse functions: (1) advising health service providers of the benefits under the plan; and (2) processing claims. Requires the clearinghouses to be able to handle inquiries and claims electronically. Allows a clearinghouse to contract with a plan for the clearinghouse to make claim payments. Authorizes the Secretary to contract with clearinghouses for Medicare payments. Mandates standards regarding the form of and information in the uniform health claim cards required by this Act, including that the card be similar to credit cards, with identifying information electronically recorded and readily changeable. Requires a uniform claims data set consistent with standards being developed for electronic medical records. Provides for the development and availability without charge to health services providers of software enabling inquiries, claims submission, and (for hospitals) report submission. Amends the Internal Revenue Code to impose a tax on the failure of a plan to meet requirements of this Act. Makes nondeductible this tax and the tax imposed by existing provisions on certain group health plans. Requires that identification cards and claims processes under Medicare and Medicaid conform to the requirements of this Act.
Bill· HRH.R. 4900 (102nd)referred
United States · United States Congress · 9 April 1992
Federal Insurance Solvency Act of 1992 - Title I: Establishment of Federal Insurance Solvency Commission - Establishes the Federal Insurance Solvency Commission (the Commission) as an independent regulatory agency, whose members shall be appointed by the President with the advice and consent of the Senate, to oversee the financial soundness and solvency of the insurance industry. Sets forth the Commission's powers. Directs the Commission to investigate each insolvent insurer or reinsurer which holds a Federal certificate of solvency to determine the causes of the insolvency. Authorizes the Commission to investigate the insolvencies of other insurers relevant to the financial condition of the national insurance industry. Authorizes the Commission to refer to State and Federal enforcement authorities any matters warranting investigation for possible civil or criminal enforcement action. Requires the Commission to establish and regularly update an information data base regarding persons who have been convicted of a crime or administratively disciplined for insurance related activity, or who have been senior officers or directors of insolvent insurers or reinsurers. Requires that such information be shared with appropriate State and Federal regulators and law enforcement officials. Requires all certified insurers and reinsurers to cooperate with the Commission's implementation of the data base as a condition of their continued certification. Requires the Commission to submit annual reports to the President and the Congress. Establishes the Federal Insurance Regulation Advisory Committee (whose members shall be appointed by the Commission) to confer with the Commission, and request information and make recommendations regarding the insurance and reinsurance industry. Requires it to report annually to the Commission and certain congressional committees. Sets forth a fee schedule to be assessed and collected annually by the Commission from applicants for certificates and certificate holders in order to recover certification costs. Provides for late fee payment penalties. Authorizes the Commission to revoke certificates for failure to make fee or penalty payments. Authorizes appropriations, including appropriations for rehabilitation and liquidation expenses incurred by the Commission in its capacity as receiver. Title II: Federal Certificates of Solvency for Insurers - Authorizes the Commission to issue Federal certificates of solvency to insurers. Directs the Commission to establish minimum financial standards for domestic insurers, including U.S. branches of foreign insurers, according to prescribed procedural and capitalization guidelines. Sets forth additional criteria for Federal solvency certificates for domestic and foreign insurers to write surplus line insurance. Requires each federally certified insurer to be a member of the National Insurance Protection Corporation (NIPC) established by this Act. Declares that federally certified insurers which are approved surplus lines insurers shall not participate in the NIPC for the purpose of business written as a nonadmitted insurer under the surplus lines law of any State. Authorizes the Commission to suspend or revoke a certificate of solvency for non-compliance with Commission standards. States that as a result of such action an insurer will lose NIPC membership status and will be prohibited from selling insurance unless the insurer complies with the solvency standards applicable in the States in which the insurer does business. Declares that policies written during suspension or after revocation shall not be covered by NIPC. Subjects federally certified insurers to State regulatory schemes and oversight within certain permissible parameters. Delineates those State regulations and actions preempted by the Federal regulatory scheme for federally certified insurers. Grants the Commission authority to: (1) define those State regulatory schemes that have been preempted by this Act; and (2) issue orders to stay the effect of certain State laws or regulations, including those that subject federally certified insurers to discriminatory State action. Exempts from State regulations federally certified insurers designated as highly capitalized by the Commission, and permitted to provide commercial insurance coverage to a large insurance buyer. Vests the Commission with: (1) responsibility to establish standards for such insurers; and (2) exclusive Federal jurisdiction over complaints regarding the business conduct of such insurers with respect to large insurance buyers. Title III: Federal Certificates for Providers of Reinsurance - Authorizes the Commission to establish standards and procedures for granting certificates: (1) for professional reinsurers; and (2) to provide reinsurance for certain other reinsurers and insurers. Directs the Commission to: (1) require each certificate holder to submit an annual financial status report; (2) establish criteria for becoming a qualified financial institution for the purpose of establishing certain trust funds (thus permitting foreign banks with a United States presence to apply for such acceptance); and (3) establish procedures for consensual dispute resolution arising between reinsurance parties. Grants the Commission exclusive regulatory jurisdiction over professional reinsurers doing business in the United States. Requires the Commission to establish standards and procedures for the certification and regulation of professional reinsurers. Outlines the certification standards. Authorizes the Commission to issue reinsurance certificates to insurers and to certain reinsurers that do not seek professional reinsurer certification. Directs the Commission to establish certification standards and procedures for: (1) reinsurance; (2) trust funds; and (3) foreign applicants. Empowers the Commission to suspend or revoke a reinsurance certificate, or the certificate of a professional reinsurer, for noncompliance with such standards. Sets forth credit guidelines under which reinsurance may be counted as either an asset or a deduction from liabilities. Exempts certain professional reinsurers certified under this Act from a State licensing or regulatory scheme regarding reinsurers or reinsurance transactions. Subjects to State insurance regulation insurers and reinsurers with reinsurance certificates issued to those that do not seek certification as professionals. Prohibits State law from discriminating against reinsurers based upon their Federal certification. Title IV: Regulatory Enforcement - Directs the Commission to establish: (1) a schedule for examinations of federally certified insurers and reinsurers, including special examinations whenever the Commission determines that such persons may be in a financially hazardous or impaired condition; and (2) accounting standards for the accurate reporting of such persons' financial status. Requires certified insurers and reinsurers to retain a qualified actuary to certify their reserves. Requires federally certified insurers to reinsurers who are incorporated and part of a holding company system to register with the Commission, furnishing information as to its structure and members. Grants the Commission review and approval authority over mergers and acquisitions with a federally certified insurer or reinsurer. Requires the Commission to disapprove such transactions if they threaten the financial stability, soundness, or solvency of such entities, or substantially lessen competition in any line of insurance. Cites factors which the Commission shall consider when making a disapproval determination. Enumerates the criteria for transactions within a holding company system which includes a federally certified insurer or reinsurer. Requires the Commission's prior approval for transactions between a certified insurer or reinsurer and any affiliate within a holding company system if such transactions involve five percent or more of the assets at the last year-end. Permits federally certified insurers or reinsurers that are part of a holding company system to affiliate with their counterparts that are not federally certified. Grants the Commission exclusive jurisdiction over mergers, acquisitions, and transactions within a holding company system that has only federally certified insurers or reinsurers. Provides for shared jurisdiction between the Commission and State insurance regulators over a holding company system which includes both federally certified and non-federally certified insurers and reinsurers. Provides that if either regulator disapproves of a holding company system transaction within its respective jurisdiction, the transaction shall not proceed. Grants the Commission civil penalty and enforcement powers, including a prohibition against voting of securities, and their seizure and sequestration for non-compliance with the requirements of this Act. Provides whistleblower protection and remedies to employees of federally certified insurers and reinsurers. Title V: National Insurance Protection Corporation - Establishes the National Insurance Protection Corporation as a non-governmental, nonprofit corporation to provide: (1) timely payment and protection against losses; and (2) continuation of coverage in the event of financial impairment or insolvency of federally certificated insurers. Grants the Commission oversight and supervisory powers over the NIPC. Declares that: (1) NIPC obligations are not covered by the full faith and credit of the United States; (2) it shall receive no financial assistance from or have any authority to borrow from the United States; and (3) funds due to or held by the NIPC shall not be included in the budget of the United States, nor may the United States borrow or pledge such funds. Sets forth NIPC membership and corporate power structure. Requires the Commission to consult with the NIPC regarding the financial regulation of its member insurers, and to assure that the Commission implements this Act in a manner that does not impair the financial integrity of NIPC guaranty funds. Establishes the NIPC Fund (the Fund) to pay NIPC administrative expenses and covered claims. Precludes the use of the Fund for any other purpose. Specifies the scope of insurance contracts guaranteed under this Act, including property, life, health, and annuity coverage. Excludes specified forms of insurance from coverage under this Act. Sets forth guidelines for assessments on NIPC member insurers. Grants the NIPC borrowing authority (subject to the prior approval of the Board of Directors). Authorizes the Commission to: (1) apply to Federal district court in the event of NIPC refusal to comply with this Act; and (2) make examinations of the NIPC, and require it to furnish reports and records upon request. Requires the NIPC to submit an end-of-fiscal-year status report to the Commission for subsequent transmittal to the President and the Congress. Requires the NIPC to give written notice to the Commission whenever it concludes that there have been changes in the insurance marketplace which may have a negative impact on the financial condition or solvency of federally certified insurers and reinsurers. Limits the liability of member insurers under this Act exclusively to claims covered by NIPC assessments under this Act. Sets forth liability and assessment parameters for member insurers with respect to State law or a State guaranty fund. Declares the NIPC shall not be deemed to be an insurer within the meaning of a State regulatory or tax scheme for the insurance industry. Exempts the NIPC from all taxes or levies imposed by any State or local governmental entity. Shields the NIPC and its personnel from liability for good faith actions or omissions in connection with this Act. Shields licensed insurance producers from liability for damages resulting from the financial impairment or insolvency of a member insurer unless the producer intentionally placed or maintained coverage knowing of such insurer's impairment. Requires the NIPC to: (1) prescribe the manner of advertising NIPC membership and consumer protection afforded by this Act; and (2) assist the Commission in developing improved standards for insolvency prevention and detection. Sets forth the parameters of: (1) the obligation of the NIPC as guarantor of covered benefits for claims following the Commission's declaration that a member insurer is financially impaired or insolvent; and (2) the effect of claims paid by the NIPC. Requires the NIPC to file with the Commission an annual statement of claims paid and estimates of claims anticipated. Provides for a stay of judicial proceedings regarding an insolvent member insurer in order to permit a proper defense by the NIPC of all pending causes of action. Grants Federal district courts exclusive jurisdiction over litigation involving the NIPC. Title VI: National Association of Registered Agents and Brokers - Establishes the National Association of Registered Agents and Brokers (NARAB) as a nonprofit, nongovernmental corporation to provide a mechanism by which the multi-State services of State-licensed insurance producers may be more efficiently provided to policyholders, while preserving the rights of States to regulate insurance producers. Subjects NARAB to the supervision and oversight of the Commission. States that funds held or due to NARAB shall not be included in the United States budget, nor may the United States borrow or pledge such funds. Makes NARAB membership available to all State-licensed insurance agents, brokers, surplus lines brokers, insurance consultants, and limited insurance representatives. Outlines membership structure. Sets forth NARAB corporate powers and corporate structure. Requires the Commission to consult with NARAB concerning the regulation and activities of insurance producers. Grants NARAB borrowing authority, upon prior approval of the Board of Directors. Subjects all NARAB members that are insurance producers to assessments to cover administrative costs. Authorizes the Commission to make examinations of NARAB and require it to furnish reports and records upon request. Requires NARAB to submit an end-of-fiscal-year status report to the Commission for subsequent transmittal to the President and the Congress. Declares that NARAB shall not be deemed to be an insurer within the meaning of a State regulatory or tax scheme for the insurance industry. Exempts the NIPC from all taxes or levies imposed by any State or local governmental entity. Shields NARAB and its personnel from liability for good faith actions or omissions in connection with this Act. Retains the States regulatory mechanisms regarding insurance producers. Preempts State regulatory mechanisms purporting to restrict NARAB members, or impose discriminatory conditions upon them. Grants NARAB, subject to Commission review, authority to: (1) define by regulation State laws and regulations that have been preempted by this Act, if the issue of preemption is unclear; and (2) coordinate with State insurance regulators and the National Association of Securities Dealers. Title VII: Rehabilitation and Liquidation - Grants Federal district courts exclusive jurisdiction over litigation involving NARAB. Requires the Commission: (1) to act as receiver of any federally certified insurer or reinsurer for rehabilitation or liquidation purposes; and (2) to be appointed as receiver in proceedings instituted pursuant to this Act. States that the appropriate State insurance regulator shall act as receiver of any insurer or reinsurer which does not have a Federal certificate. Directs the Commission and the appropriate State insurance regulator to administratively seize an insurer or reinsurer whose financial condition is substantially and imminently threatened. Grants Federal district courts exclusive jurisdiction to appoint a receiver of an insurer or reinsurer, and to supervise a rehabilitation or liquidation under this Act. Prescribes the administrative and procedural guidelines for both foreign and domestic insurers and reinsurers placed under Commission or State receivership, rehabilitation, or liquidation. Authorizes the Commission to contract with any State insurance regulator to assume the responsibility of administering receivership in existence before the effective date of this Act. Title VIII: Definitions - Defines terms used in this Act. Title IX: Technical and Conforming Amendments - Makes technical and conforming amendments to the United States Code.
Bill· HRH.R. 4881 (102nd)referred
United States · United States Congress · 9 April 1992
Rebuild America Now Act of 1992 - Requires the Secretary of Transportation (Secretary) to transfer unobligated funds that had previously been allocated to a State for a fiscal year for a highway and transportation construction project under certain categories in the Intermodal Surface Transportation Efficiency Act of 1991 to the allocation of any other project in such categories within such State if: (1) such State requests the transfer and certifies the amount to be transferred which cannot be obligated for such project; (2) the metropolitan planning organization designated for the metropolitan area in which the project from which such funds are to be transferred is located approves such transfer (or the affected local officials, in any case in which the project from which funds are to be transferred is not located in a metropolitan area); and (3) the Secretary and the State agree on a date (on or before October 1, 1996) by which the allocation of the project from which the funds are to be transferred will be reimbursed by the amount so transferred. Limits such fund transfer authority to certain: (1) high cost bridge projects; (2) congestion relief projects; (3) high priority corridors on the National Highway System; (4) rural and urban access projects; (5) innovative projects; and (6) priority intermodal projects.
Bill· HRH.R. 4943 (102nd)referred
United States · United States Congress · 9 April 1992
Patriots of Peace Service Act of 1992 - Title I: Reduction in the Costs of Operating the Military Service Academies - Requires the Secretary of Defense to reduce the costs of providing an education at U.S. military academies so that, by January 1, 1995, the average cost per student of operating each service academy is: (1) approximately equal; and (2) not more than ten percent greater than the average cost per nonacademy student at the ten top-ranked institutions of higher education in the United States. Requires the Secretary to further reduce such operating costs for each fiscal year after enactment of this Act to achieve a reduction in expenditures equal to 50 percent of the cost for that year of providing scholarships under title II of this Act. Authorizes the Secretary, in order to achieve such cost reductions, to reduce the number of appointments made to the service academies for classes entering after the enactment of this Act, notwithstanding the current authorized strengths of military students at such academies. Expresses the sense of the Congress that savings achieved as the result of such cost reductions should be used to provide funds for the operation of the title II scholarship program. Title II: Patriots of Peace Scholarships - Directs the Secretary to establish a program of national security scholarships to assure an adequate supply of college graduates for civilian employee positions with: (1) the Department of Defense (DOD); and (2) other Federal agencies involved in education or other activities related to national security. Designates each scholarship recipient as a National Security Scholar (Scholar). Outlines eligibility requirements for selection as a Scholar, including acceptance or enrollment as a full-time student in an institution of higher education and nomination for selection by a Member of Congress. Places a $50,000 annual family income limitation on eligible individuals. Directs the Secretary to select Scholars from individuals nominated by Members of Congress. Provides the total number of scholarships to be awarded for FY 1993 through 1995. Allows a Scholar to use such scholarship at any institution of higher education offering a course of instruction in: (1) the complete workings of the three branches of Government; (2) DOD operations; (3) the relationship of DOD with other Federal agencies, the Congress, and the judicial branch; and (4) the relationship of DOD with State and local governments. Requires each individual selected to sign a written contract with the Secretary: (1) to accept such financial assistance and graduate from the institution; and (2) immediately upon completion of the program, to serve for six years as a civilian employee of DOD or another Federal agency involved with education or national security activities. Requires parental consent if the individual selected is a minor. Requires the Secretary under such written agreement to: (1) provide such scholarship; and (2) provide for summer employment, and post-graduation placement, for the Scholar. Makes all financial assistance provided under this title contingent upon the appropriation of funds for such scholarships. Directs the Secretary, in disseminating contract forms for scholarships, to include a fair summary of rights and liabilities of a recipient, including a clear explanation of U.S. entitlement to damages for breach of contract. Requires pro rata reimbursement from a Scholar to the United States for failure to complete the educational requirements or the required period of post-graduate employment. Waives any repayment requirement if the Scholar terminates the agreement and withdraws from the scholarship program before the start of the third school year covered by the scholarship. Title III: Montgomery GI Bill Benefits for Enlisted Men and Women - Amends the Montgomery GI Bill educational assistance program to: (1) eliminate a required $100 monthly reduction in basic pay for enlisted military personnel entering into active duty after June 30, 1985, for participation in the program; (2) eliminate provisions which allow such members an election of whether to participate in the program; and (3) increase annually the authorized amount of monthly educational assistance provided under the program on a pro rata basis to reflect the percentage increase in the Consumer Price Index. Increases from 36 to 48 the number of authorized monthly payments of educational assistance under the program.
Bill· HRH.R. 4893 (102nd)referred
United States · United States Congress · 9 April 1992
Sunset Act of 1992 - Title I: Reauthorization of Government Programs - Requires each Government program to be reauthorized at least once during each sunset reauthorization cycle. (Sunset reauthorization cycle means the five-year period beginning on the first day of session of the 103d Congress, and each five-year period thereafter.) Sets forth the procedure in the House of Representatives and the Senate for the consideration of any legislation which authorizes new budget authority. Exempts from the requirements of this Act specified items, such as interest on Federal debts, health care services, general retirement and disability payments, litigation activities which have as their objectives the protection and implementation of civil rights guaranteed by the Constitution, and specified retirement pay and benefits. Title II: Program Inventory - Directs the Comptroller General and the Director of the Congressional Budget Office, in cooperation with the Director of the Congressional Research Service, to prepare an inventory of Federal programs. Declares that the purpose of such program inventory is to advise and assist the Congress in carrying out reauthorization and reexamination requirements and to link such reauthorization and review process with the budget process. Requires the Comptroller General to submit such program inventory to each House of Congress no later than January 1, 1993. Directs the congressional committees, the Congressional Budget Office, and the Congressional Research Service to review the program inventory and to suggest revisions. Requires that the program inventory be revised at the end of each session of the Congress and that such revisions be reported to each House. Title III: Program Reexamination - Requires each committee of the Senate and the House of Representatives to reexamine selected programs or groups of programs over which it has jurisdiction. Sets forth procedures for such review and criteria for selection of program areas for evaluation. Title IV: Tax Expenditures - Requires the Director of the Congressional Budget Office, after consultation with the Joint Committee on Taxation of the Congress, to prepare an inventory of tax expenditure provisions and to submit a report on such inventory to the Committee on Ways and Means of the House and the Senate Finance Committee by July 1, 1993. Directs the House Committee on Ways and Means and the Senate Committee on Finance to prepare a reauthorization schedule for all tax provisions similar to the schedule set out for Federal programs in title I of this Act. Requires the Congress to take final action on the reauthorization schedule for tax provisions before the end of the 103d Congress. Title V: Miscellaneous - Sets forth miscellaneous provisions to carry out the purposes of this Act. Directs the President, with the cooperation of the head of each appropriate agency, to submit to the Congress a Regulatory Duplication and Conflicts Report for all programs scheduled for reauthorization in the next Congress. Requires specified congressional committees to report on a review of the procedures established under this Act by December 31, 1998, and every five years thereafter. Authorizes appropriations through FY 2002.
Bill· HRH.R. 4960 (102nd)referred
United States · United States Congress · 9 April 1992
Foreign Tax Simplification Act of 1992 - Amends the Internal Revenue Code to exempt foreign persons (including corporations) from the uniform capitalization rules in determining earnings and profits for any business not conducted in the United States. Declares that a foreign corporation shall not be considered a passive foreign investment company for any day on which such corporation was a controlled foreign corporation. Revises the application of the separate foreign tax credit limitation for foreign corporations in which U.S. parent companies do not own a controlling interest. Requires that foreign tax credits claimed for foreign income be translated into dollars by using the average exchange rate for the taxable year to which such taxes relate. Provides an exception for taxes not paid within the following two years, and for inflationary currency. Provides for translating taxes not subject to such requirement. Sets forth special rules for making adjustments to accrued taxes not paid within two years. Allows the use of the average exchange rate for the period during which the taxes or adjustment is paid instead of the exchange rate as of the time of such payment. Provides that the look-through rules for controlled foreign corporations do not apply to companies with less than $1 million in all of their separate categories.
Bill· HRH.R. 4902 (102nd)referred
United States · United States Congress · 9 April 1992
Amends the Internal Revenue Code to allow a ten percent investment tax credit for productive equipment placed in service after the date of enactment of this Act and before January 1, 1994.
Bill· HRH.R. 4911 (102nd)referred
United States · United States Congress · 9 April 1992
Amends the Internal Revenue Code to allow a deduction for depreciation under the accelerated cost recovery system for any qualified automobile (whether or not such automobile is used in a trade or business or held for production of income). Exempts such deduction from the limitation on depreciation for luxury automobiles and for certain property used for personal purposes. Describes a qualified automobile as: (1) one manufactured in the United States and purchased in the first retail sale; and (2) a four-wheel fuel-propelled vehicle manufactured primarily for use on public streets, roads, and highways. Treats an automobile as manufactured in the United States if at least 75 percent of the cost to the manufacturer is attributable to value added in the United States or Canada.
Resolution· HRESH.Res. 436 (102nd)referred
United States · United States Congress · 9 April 1992
Comprehensive Congressional Reform Resolution - Title I: Establishment of a Chief Financial Officer for the House of Representatives and the Elimination or Reduction of Patronage Positions - Amends rule II of the Rules of the House of Representatives to eliminate the election of a Doorkeeper or Postmaster in the House. Requires the individual chosen for election as the Sergeant-at-Arms to be a nationally-respected law enforcement professional. Amends rules III and IV to revise the duties of the Clerk of the House and the Sergeant-at-Arms. Amends rules V and VI to: (1) eliminate the positions of Doorkeeper and Postmaster; and (2) create a position of Chief Financial Officer. Sets forth qualifications for the elected Chief Financial Officer. Outlines his or her duties. Prohibits the Chief Financial Officer from disclosing the identity of a complaining employee without the employee's consent unless such disclosure is unavoidable. Makes it a violation of rule LI for an employing authority to intimidate or take any reprisal against, an employee of the House because of a complaint made by the employee. Transfers the duties of the Postmaster of the House to the Chief Financial Officer. Amends rule XIV to eliminate the duties of the Doorkeeper with respect to decorum and debate in the House. Amends rule XI to require each committee, by March 1 of the first session of any Congress, to adopt an oversight plan for that Congress and to submit it to the Committee on House Administration. Prohibits the consideration in the House of a primary expense resolution for a committee unless and until such committee has adopted and submitted the plan. Requires the Committee on House Administration to report such plan to the House. Authorizes the Speaker to appoint ad hoc oversight committees for specific tasks from the membership of committees with shared legislative jurisdictions. Requires each committee to include an oversight section in its final activity report at the end of a Congress. Amends rule X to establish a bipartisan Subcommittee on House Administrative Oversight of the Committee on House Administration. Requires one-half of the subcommittee's members to be from the majority party and named by the chairman of the Committee on House Administration and the other half to be from the minority party and named by the ranking minority party member of such committee. Authorizes the chairman or ranking minority party member of the committee to issue subpoenas. Requires the subcommittee to meet only at the call of its chairman and ranking minority party member. Prohibits the subcommittee from taking testimony under oath unless at least one member of the majority and minority party are present. Requires the membership of the Subcommittee on Legislative Appropriations of the Committee on Appropriations to be divided equally between the majority and minority parties. Divides the staff positions for the subcommittee in the same manner. Directs the Speaker to appoint a task force to: (1) recommend institutional reforms necessary to restore public confidence in the House; and (2) report on its recommendations to the House by the end of the 102d Congress. Requires the written approval of the Speaker and the minority leader of the House before funds may be reprogrammed or transferred between House appropriation accounts. Makes it out of order to consider any measure in the House, in the second session of the 102d Congress, containing an appropriation for any period after March 31, 1993. Title II: Establishment of the Office of the General Counsel - Establishes the Office of the General Counsel (Office) in the House to: (1) be accountable to a specified Leadership Group; and (2) provide legal assistance to Members, officers, and employees of the House on matters directly related to their duties, with specified exceptions. Lists certain actions of the Office that must be approved either by a resolution of the House or the Leadership Group. Requires such Office, in the case of any matter that affects an area of responsibility committed to another office, officer, or employee under this Act, to consult the party involved and coordinate such action with them. Vests management, supervision, and administration of the Office in the General Counsel to be appointed by the Speaker, upon the recommendation of the majority and minority leaders of the House, acting jointly, without regard for political affiliation and solely on the basis of fitness to perform the duties of the position. Requires the General Counsel to serve at the pleasure of the Leadership Group. Authorizes the General Counsel to make appropriate expenditures for the functioning of the Office. Requires the attorneys and professional staff in the Office to maintain regular, written records of the time expended on legal matters, consistent with generally accepted practices in private law firms. Makes such time records reviewable by the Leadership Group. Prohibits public disclosure of them unless by direction of the Leadership Group or resolution of the House. Title III: Establishment of the Office of Congressional Inspector General - Creates the Congressional Office of Inspector General (Office), independent of the executive departments and under the control and direction of the Speaker and minority leader of the House of Representatives. Sets forth the functions of the Office. Makes an Inspector General (Inspector), to be appointed by the Speaker and minority leader, head of the Office for a seven-year term, unless removed by the Speaker and minority leader for cause. Makes the Inspector ineligible for reappointment. Requires the Inspector to appoint: (1) an Assistant Inspector General for Auditing to supervise the auditing of the office procedures and operations of each Member or committee of the House and any other House office whose employees are paid by the Clerk; and (2) an Assistant Inspector General for Investigations to supervise investigations of such office procedures and operations. Sets forth the duties and responsibilities of the Inspector. Requires each Inspector General to report annually to the Speaker and minority leader of the House. Authorizes the Inspector to receive and investigate complaints or information from a House employee concerning the possible existence of a violation of law or the Rules of the House, mismanagement, gross waste of funds, abuse of authority, or a substantial and specific danger to the public health and safety. Prohibits the Inspector, upon receiving the complaint or information, from disclosing the complainant's identity without the employee's consent, unless such disclosure is unavoidable during the course of the investigation. Prohibits any employee who has authority to take, directs others to take, or recommends or approves any personnel action, from taking action against an employee as reprisal for making a complaint or disclosing information to an Inspector, unless the complaint was false and the complainant knew this or willfully disregarded truth or falsity. Title IV: Amendments to the Rules of the House of Representatives - Amends rule I of the Rules of the House of Representatives to require the Speaker to announce a specified legislative program at the beginning of each session of the Congress. Requires the Speaker to ensure that the minority leader is fully consulted in developing the legislative program for the House each week. Amends rule X to require each standing committee of the House, by March 1 in the first session of a Congress, in a meeting open to the public and with a quorum present, to adopt and submit to the Committee on House Administration its oversight plans for that Congress. Prohibits the consideration of any committee expense resolution, or any amendment to it, if that committee has not submitted its oversight plans. Directs the Committee on House Administration to report the oversight plan submitted by each committee to the House. Authorizes the Speaker, with the approval of the House, to appoint special ad hoc oversight committees to review specific matters within the jurisdiction of two or more standing committees. Amends rule XI to require each committee to report, by January 2 of each odd-numbered year, on activities of that committee under this rule and rule X during the Congress ending on January 3 of such year. Amends rule X to require the Speaker to refer legislation initially to one committee as the committee of principal jurisdiction (currently, such legislation may initially be referred simultaneously to two or more committees for concurrent consideration). Requires that the House standing committees be elected by the House within 11 legislative days (currently, seven calendar days) after the commencement of each Congress. Directs the committees to hold their organizational meetings within three legislative days after their election. Requires the membership of each committee (except the Committee on Standards of Official Conduct), subcommittee, task force, or other subunit, to reflect the ratio of majority to minority party Members of the House at the beginning of the Congress. Exempts the Resident Commissioner from Puerto Rico and the Delegates to the House from the count in determining such party ratio. Requires the membership of each select committee, subcommittee, task force, subunit, or conference committee to reflect the ratio of the majority to minority party Members of the House at the time of its appointment. Prohibits any standing committee of the House (except the Committee on Appropriations) from establishing more than six subcommittees. Prevents any member from serving on more than four House subcommittees at any one time. Amends rule XI to repeal the general permission, subject to certain conditions, for proxy voting by a member of any committee or subcommittee with respect to any measure or matter. Allows committees and subcommittees to close their meetings in circumstances where disclosure of matters to be considered would: (1) endanger national security; (2) tend to defame, degrade, or incriminate any person; (3) violate any law or rule of the House; or (4) involve committee personnel matters. Provides that a majority of the members of each committee or subcommittee shall constitute a quorum for the transaction of any business, including the markup of legislation (currently, all committees but the Committees on Appropriations, Budget, and Ways and Means are permitted to fix the number establishing a quorum). Requires the names of those Members voting for and against any motion to report a public bill or resolution to be included in the committee report of such measure (currently, only the number of votes cast for or against reporting such measure is included). Requires the names of those members of the committees actually present at the time the bill or resolution is ordered reported to be included in the committee report relating to each nonrecord vote on a motion to report such public bill or resolution. Requires that a committee or subcommittee print, document, or other material, except under certain circumstances, prepared for public distribution, shall either: (1) be approved by the committee or subcommittee prior to such public distribution, with opportunity afforded for the inclusion of supplemental, minority, or additional views; or (2) contain a specified disclaimer on its cover. Prohibits any such print, document, or other material not approved by the committee or subcommittee from including the names of its members, other than the name of the chairman releasing such document. Lists material excepted from such requirements. Prohibits a measure reported from the Committee on Rules from being considered on the same calendar day it is presented to the House, nor on the subsequent calendar day of the same legislative day, except in certain circumstances. (Currently it can not be considered on the same day.) Prohibits the Committee on Rules from reporting any rule or order that would prevent a motion to recommit that has amendatory instructions (except in the case of a Senate measure for which the language of a House passed measure has been substituted). Prohibits the consideration of any rule providing for the consideration of a bill or resolution otherwise subject to amendment under House rules if such resolution limits the right of Members to offer germane amendments to such measure, unless the chairman of the Rules Committee has announced, within a specified period of time, that less than an open amendment process might be recommended by the Committee for the consideration of such measure. Makes it out of order to consider any order of business resolution which provides that, upon adoption, the House shall be considered to have automatically adopted a motion, amendment, or resolution, or to have passed a bill, joint resolution, or conference report, unless consideration of such resolution is agreed to by at least two-thirds of the Members voting. Requires any report accompanying a resolution for consideration of a budget waiver measure to include: (1) an explanation and justification for the waiver; (2) an estimated cost of the provisions to which the waiver applies; and (3) a summary or text of any written comments on the waiver received by the committee from the Committee on the Budget. Sets forth procedures for the consideration of such resolution. Prohibits the consideration of a resolution that waives all House rules, except by a two-thirds vote of the Members voting. Makes it out of order to consider any primary expense resolution unless the Committee on House Administration has reported and the House has adopted a resolution establishing an overall ceiling for House committee staff personnel for that year. Makes such a resolution privileged. Establishes guidelines for developing and considering primary and supplemental expense resolutions. Provides that the overall ceiling for committee staff in a resolution reported by the committee or contained in any amendment for the 103d Congress shall not exceed 90 percent of the total committee staff personnel employed at the end of the 102d Congress. Amends rule XIII of the Rules of the House of Representatives to establish a Commemorative Calendar comprised of unreported bills and resolutions respecting commemorative holidays and celebrations that have been: (1) referred to the Committee on Post Office and Civil Service; and (2) requested by the chairman and ranking minority member of such committee to be placed on such calendar. Outlines procedures for the consideration of such measures. Amends rules XV of the Rules of the House of Representatives to provide for an automatic roll call vote when the Speaker puts the question upon final passage of: (1) any bill, joint resolution, or conference report making general appropriations, providing revenue, or adjusting the statutory congressional pay rate; or (2) any budgetary concurrent resolution or conference report that provides an increase in the statutory debt limit. Amends rule XXI of the Rules of the House of Representatives to repeal the declaration that no amendment shall be in order during consideration of a general appropriation bill if it proposes a limitation not specifically contained or authorized in existing law for the period of such limitations. Defines a "general appropriation bill" to include any bill or joint resolution making continuing appropriations in a fiscal year for a period in excess of 30 days. Describes the contents of such bill. Reserves all points of order against any general appropriation bill at the time it is reported. Prohibits the consideration of any bill or joint resolution making appropriations for a period of 30 days or less unless it only provides appropriations in the lesser amount and under the more restrictive authority of the pertinent appropriations measures: (1) as passed by the House; (2) as passed by the Senate; (3) as agreed to by a committee of conference; or (4) as enacted for the preceding fiscal year. Requires a report from the Committee on Appropriations accompanying any appropriation bill to list all appropriations contained in the bill for any expenditure not previously authorized by law. Requires a three-fifths vote of the Members of the whole House to consider any rule or order from the Rules Committee that waives certain rules governing consideration of any short- or long-term continuing appropriations measures. Amends rule XXI to establish certain guidelines for reporting and considering reconciliation measures in the House. Exempts Senate amendments and conference reports from such guidelines. Reserves all points of order against a reconciliation bill at the time it is reported. Prohibits the consideration in the House of any bill or joint resolution which directly or indirectly authorizes enactment of new budget authority for a fiscal year unless such measure is reported in the House on or before May 15 preceding the beginning of such fiscal year. Amends rule XXIV of the rules of the House of Representatives to revise the daily order of business for the House to include the pledge of allegiance to the flag. Amends rule XXVII to establish additional criteria for entertaining motions to suspend the rules and pass a measure in the House. Requires the Clerk of the House, after 100 members have signed a motion to discharge a committee from the consideration of a measure, to: (1) cause the name of each Member who has signed or withdrawn a signature to such motion to be printed in the Congressional Record; and (2) publish an updated list in the Record at the end of each succeeding week the House is in session. Requires three-fifths (currently, a majority) of the total membership of the House to sign such motion before it can be: (1) entered on the Journal; (2) printed with the signatures in the Congressional Record; and (3) referred to the Calendar of Motions to Discharge Committees. Amends rule XXVIII to require inclusion of supplemental, minority, or additional views of a House conferee in the same published volume of the conference committee's report, if specified conditions are met. Amends rule XLVIII to require a specified oath to be administered to: (1) a newly appointed Member of the Permanent Select Committee on Intelligence; (2) each committee's employee; and (3) any person engaged by contract or to perform services for or at the request of the committee who is required to subscribe to the agreement in writing. Requires the Clerk of the House to provide for the printing of such oaths for: (1) filing in the records of the House; and (2) recording in the House Journal and in the Congressional Record. Directs the Committee on Standards of Official Conduct to investigate and report to the House on any violation of such oath. Authorizes the Permanent Select Committee on Intelligence to refer cases of unauthorized disclosure and violations of the required oaths to such committee for investigation. Authorizes the committee by a majority vote to deny a member access to classified information if he or she is subject to a pending investigation. Directs the House Committees on Rules and on Government Operations by a certain date to report legislation granting the President enhanced rescission authority with respect to any budget authority not authorized by law. Sets forth procedures for considering such legislation if it is not reported out of such committees by the stated deadline. Directs the Committee on Rules to study and report to the House on the feasibility of converting to a biennial budget-appropriations process and corresponding multiyear authorizations. Declares that it is the policy of the House of Representatives that the following Federal laws should be amended to apply them to the House in the same or similar manner as they apply to the Executive Branch: (1) the National Labor Relations Act; (2) the Occupational Safety and Health Act of 1970; (3) the Equal Pay Act of 1963; (4) the Age Discrimination in Employment Act of 1967; (5) the Freedom of Information Act; (6) the Privacy Act of 1974; (7) Title VII of the Civil Rights Act of 1964; and (8) specified provisions of the Federal judicial code relating to an independent counsel. Directs the standing committees of the House with subject jurisdiction over such Federal laws to report legislation to the House to implement such policy. Provides for consideration of such legislation. Requires the ratio of majority party to minority party staff positions, consultants, details, and funding for House committees to be the same ratio as that of Members of the House. Eliminates the following Select Committees in the House: (1) Aging; (2) Hunger; (3) Children, Youth, and Families; and (4) Narcotics Abuse and Control. Transfers the records, files, and materials of such select committees to the Clerk of the House. Applies the Freedom of Information Act to the Congress. Exempts information related to casework or constituent correspondence from such Act with respect to Members of the Congress. Provides that the period for which expenses of the former Speakers of the House may be paid shall end three years after the expiration date of such term of office, except that in the case of a former Speaker who is receiving such expenses on the date of the enactment of this Act, the period shall end three years after such date. Amends Federal law to prohibit a Member of the House from sending any franked mass mailing outside the Member's congressional district. Authorizes a Member of Congress to mail franked mail with a simplified form of address for delivery within his or her congressional district only. (Current law permits such mailings throughout the Member's State). Prohibits the Committee on House Administration from approving any payment for, and a Member from making any expenditure from, any allowance of the House or any other official funds if any portion is for any cost related to a mass mailing by a Member of the House outside his or her congressional district. Amends the Federal Salary Act of 1967 to make it out of order to consider any bill or resolution that would adjust, or have the effect of adjusting, the salaries of Members of Congress if such measure contains any item which does not relate to adjusting Members' salaries. Prohibits consideration of any measure in the House appropriating amounts for the legislative branch of the Government if it permits such amount to remain available for obligation beyond the end of the fiscal year for which the amount is appropriated. Requires at least one attorney in the Office of the Parliamentarian in the House to be appointed upon the recommendation of the minority leader. Declares it the policy of the House of Representatives that it is inappropriate for Members of the House to have access to such items as meals, banking services, medicine, ambulance service, haircuts, and athletic facilities at costs lower than that charged to the public. Requires the Chief Financial Officer to determine the market rate of such services and to report such costs to the Speaker, minority leader, and the chairman and ranking minority party of the Committee on House Administration with recommendations for eliminating the services or continuing them at market rate prices. Directs the chairman to report a resolution that adopts the market rate of the services or proposes their elimination. Sets forth procedures for consideration of legislation that implements such policy or enacts the report of the Chief Financial Officer if such measure is not reported by the Committee on House Administration within 30 days of receiving such report. Amends rule XI to prohibit the expenditure of appropriated funds to defray expenses of committee members or employees incurred while traveling outside of the United States, its territories, or possessions, unless a committee resolution has been approved that authorizes such travel and sets forth certain requirements.
Resolution· HRESH.Res. 435 (102nd)referred
United States · United States Congress · 9 April 1992
Amends rule XXI of the Rules of the House of Representatives to make it out of order to consider any measure appropriating amounts for salaries and expenses of the House unless such measure prohibits availability of any such amount for obligation after the end of the fiscal year for which such amount is appropriated. Adds rule LII to require amounts made available to a Member of the House under the Clerk Hire, Official Expenses, and Official Mail Allowances to be used only with respect to the calendar year or session of Congress for which the amounts are made available. Requires any amount remaining after all payments are made under such allowances for the year or session to be submitted to the Treasury to be used for deficit reduction.
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