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Bill· SS. 2543 (102nd)referred
United States · United States Congress · 8 April 1992
Amends the Foreign Relations Authorization Act, Fiscal Years 1992 and 1993 to set forth the Iran-Iraq Arms Non-Proliferation Act of 1992. Declares that it is U.S. policy to oppose any transfer of goods or technology to Iraq or Iran whenever there is reason to believe that such transfer could contribute to that country's acquisition of chemical, biological, nuclear, or advanced conventional weapons. Provides that sanctions against Iraq under the Iraq Sanctions Act of 1990 shall apply to Iran in the same manner, but prohibits the President from exercising a certain waiver authority (after certifying about changes in leadership, human rights improvement, and other specified matters) with respect to either country. Prohibits, for a period of two years, U.S. procurement of goods from, and approval of export licenses for, any foreign person who transfers goods or technology so as to knowingly contribute to efforts by Iran or Iraq to acquire weapons or technology described by this Act. Authorizes the President, for any period of time, to prohibit the importation of articles from such person or from anyone who has equity in such person. Imposes the following mandatory sanctions on foreign countries (third countries) that transfer goods or technology so as to knowingly contribute to such efforts by Iran or Iraq: (1) suspension of U.S. assistance (except for humanitarian assistance and food or agricultural commodities) for one year; (2) opposition to the extension of financial or technical assistance by international financial institutions for two years; (3) termination of U.S. obligations under any memorandum of understanding for the codevelopment or coproduction of items on the U.S. Munitions List; and (4) termination of technical exchange agreements and a prohibition on the export of technology to such countries. Authorizes the President to impose the following discretionary sanctions with respect to third countries: (1) suspension of most-favored-nation status; (2) prohibitions on transactions involving property in which the sanctioned country has interest; (3) suspension or termination of air carrier transportation to or from the United States; and (4) prohibitions on the loading or unloading of freight in the United States if a vessel enters a sanctioned country to engage in trade. Waives any sanction under this Act if the President reports to the Congress that a sanction would jeopardize national security interests.
Bill· HRH.R. 4837 (102nd)referred
United States · United States Congress · 8 April 1992
Amends Federal law to repeal the authority of the President and agency heads to close an appropriation account which is available for obligation for an indefinite period if the President or agency head concerned determines that the purposes for which the appropriation was made have been carried out. (Retains the authority to close such an account if no disbursement has been made against it for two consecutive fiscal years.)
Bill· HRH.R. 4805 (102nd)referred
United States · United States Congress · 8 April 1992
Medicare Program Protection Act of 1992 - Amends the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) to authorize adjustments to discretionary spending limits to allow additional spending for the administration of the Medicare program by fiscal intermediaries and carriers for FY 1993, 1994, and 1995.
Bill· HRH.R. 4821 (102nd)referred
United States · United States Congress · 8 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 February 1, 1992, and before January 1, 1993, or for which a binding contract is entered into during such period.
Bill· SS. 2541 (102nd)referred
United States · United States Congress · 7 April 1992
Rural Health Care Improvement Act of 1992 - Amends the Public Health Service Act to establish a program of grants for residency or service by primary care or general practice physicians in rural medically underserved areas. Authorizes appropriations. Amends title XVIII (Medicare) of the Social Security Act to phase out incentive payments for physicians' services furnished in areas previously designated as health professional shortage areas which no longer meet the requirements to be so designated. Requires that any individual receiving assistance under any Federal educational loan program who enters a medical residency program and provides primary care in a rural area receive a deferment on loan repayment until completion of the residency. Amends the Internal Revenue Code to allow a tax deduction for interest on educational loans under certain provisions of the Social Security Act which accrues while a physician is serving in a health professional shortage area. Amends the Social Security Act to extend the termination date of provisions regulating Medicare payments to small, rural, Medicare-dependent hospitals. Modifies requirements for qualifying as such a hospital during the extended period.
Bill· SS. 2540 (102nd)referred
United States · United States Congress · 7 April 1992
Amends the Internal Revenue Code to provide for the establishment of individual medical savings accounts. Declares individual medical savings accounts exempt from taxation, except for the tax on unrelated business income. Limits contributions to such accounts to $3,000 plus $600 for each dependent of the individual for whom the account is created. Adjusts such amounts for inflation beginning after 1993. Allows distributions from such accounts for qualified medical expenses and qualified long-term care expenses. Provides for the tax treatment of nonqualified distributions, excess contributions, and an account that ceases meeting applicable requirements or engages in prohibited transactions. Requires the taxation of any portion of an account used as security for a loan. Sets forth additional taxes for nonqualified distributions and disqualification cases. Declares that contributions to individual medical savings accounts are not to be considered gifts for gift tax purposes. Establishes a penalty for failure to make required reports on such accounts. Excludes qualified distributions from such accounts from gross income. Excludes employer contributions to such accounts from gross income. Requires the same tax treatment for qualified long-term care insurance as that provided for accident or health insurance for purposes of: (1) taxation of life insurance companies; and (2) exclusion for benefits received under, and for employer contributions for, medical insurance.
Bill· HRH.R. 4778 (102nd)referred
United States · United States Congress · 7 April 1992
Prohibits any increase in the salary of a Member of Congress in any fiscal year unless the Federal budget is balanced. Prescribes the method for determining if the Federal budget is balanced.
Bill· HRH.R. 4790 (102nd)referred
United States · United States Congress · 7 April 1992
Amends the Internal Revenue Code to provide that income from any qualified public entertainment activity (agricultural fairs, community celebrations, festivals, art events, and expositions) shall not be treated as unrelated trade or business income if the sponsorship arrangement does not provide that the sponsor is to receive any substantial benefit other than: (1) the use of a sponsor's name or logo on materials (including signs) related to the activity; or (2) special seating, accommodations, transportation, or hospitality facilities or activities for the sponsor's employees or guests. Provides that the sale of the right to broadcast any qualified public entertainment activity shall not be treated as an unrelated trade or business.
Bill· HRH.R. 4787 (102nd)referred
United States · United States Congress · 7 April 1992
Amends the Internal Revenue Code to exclude from the ten-percent penalty on early distributions from qualified retirement plans distributions to pay start-up expenditures or to purchase property for a new business. Sets forth time limitations on the use of distributions.
Resolution· SCONRESS.Con.Res. 106 (102nd)open
United States · United States Congress · 3 April 1992
Establishes the congressional budget for FY 1993 and sets forth appropriate budgetary levels for FY 1994 through 1997. Sets forth recommended budgetary levels of Federal revenues, new budget authority, budget outlays, deficits, public debt, and credit activity. Sets forth the amounts of increase in the public debt subject to limitation, the balances of the Federal retirement trust funds, and revenues and outlays of the Social Security trust funds for FY 1993 through 1997. Specifies the funding of major functional categories. Expresses the sense of the Congress that: (1) the Government should sell assets to nongovernment buyers; and (2) amounts realized from such sales will not recur on an annual basis and do not reduce the demand for credit. Allows budget authority and outlay allocations for legislation that increases funding for certain purposes when legislation has been reported that will, if enacted, reduce other funding by an equal or excess amount. Describes such purposes as funding: (1) to improve the health and nutrition of children and to provide for services to protect children and strengthen families; (2) for economic growth initiatives for unemployment compensation and related programs; (3) to make continuing improvements in ongoing health care programs or to begin phasing-in health insurance coverage for all Americans; and (4) to improve educational opportunities for individuals at the early childhood, elementary, secondary, or higher education levels, or to invest in America's children. Requires in the Senate an affirmative vote of three-fifths of the Members to: (1) waive or suspend the maximum deficit amount point of order of the Congressional Budget Act of 1974; or (2) sustain an appeal of the ruling of the Chair on a point of order raised under such maximum deficit amount point of order. Expresses the sense of the Congress that the Committees on the Budget be required to use the Congressional Budget Office or Office of Management and Budget set of economic forecasts with the lower real gross domestic product growth forecast for FY 1993 and future budget years.
Bill· HRH.R. 4763 (102nd)open
United States · United States Congress · 3 April 1992
Servicemembers' Civil Relief Act - Amends the Soldiers' and Sailors' Civil Relief Act of 1940 to rename such Act as the Servicemembers' Civil Relief Act and to revise provisions with respect to certain protections and rights afforded to servicemembers while on active-duty assignment. Defines "servicemember" for purposes of eligibility for such protections and rights, as members of the Army, Navy, Marine Corps, Air Force, Coast Guard, the commissioned corps of the Public Health Service and the National Oceanic and Atmospheric Administration, while on active service, and the reserves and National Guard while on active service. Defines the term "dependent" for purposes of collateral eligibility for protections under this Act. Defines the term "material effect" with respect to the effect of a servicemember's military service on civil liabilities. Authorizes a servicemember to waive any of the rights and protections afforded under the Act. Requires certain waivers to be made pursuant to a written agreement in order to be effective (waivers that would permit the modification, termination, cancellation, repossession, sale, foreclosure, or forfeiture of property that was the subject of a legal instrument). Provides that an application by a servicemember in military service for a stay, postponement, or suspension of the payment of any tax, fine, penalty, insurance premium, or other civil obligation or liability shall not provide the basis for denial or revocation of, or a change in, credit by creditors, a presumption that such individual cannot pay his or her obligation or liability, an adverse credit report, or a refusal of an insurer to insure such individual. Treats a preexisting business debt or obligation of a servicemember ordered to active duty as an obligation of the servicemember for purposes of the Act. Defines the legal representative of a servicemember for purposes of the Act. Requires a court, in an action in which the defendant is in military service, to grant a minimum 90-day stay of proceedings upon application of counsel or court motion if the court determines that: (1) there may be a defense to the action that the defendant cannot present unless present at the action; or (2) after due diligence, counsel has been unable to contact the defendant or otherwise determine if a meritorious defense exists. Protects bona fide purchasers under a default judgment if such judgment is set aside on behalf of a servicemember. Provides for a minimum 90-day stay of proceedings at any stage before final judgment in a civil action for a servicemember who is serving on active duty or is within 90 days after termination of such duty and has received notice of such proceedings, upon appropriate application by the servicemember or his or her commanding officer. Provides for application for an additional stay based on continuing material effect of military duty on the servicemember's ability to appear. Requires the court to appoint counsel for the servicemember when such application for additional stay is refused. Provides that an application for stay does not constitute a waiver of any substantive or procedural defense. Authorizes a court to stay a judgment or order against a servicemember or vacate or stay an attachment when a servicemember is materially affected due to military service in complying with such order. Authorizes such stay actions for the period of military service and 30 (currently, 60) days after. Provides that the statute of limitations will apply to a servicemember for filing of claims against the United States, unless: (1) the cause of action accrues in time of war or period of service outside the United States, or such circumstances arise within two years after the cause of actions accrues, and if material effect is shown; and (2) the claim is filed within the applicable statute period or two years after the war or period of service outside the United States is terminated, whichever is later. Forgives the payment of interest in excess of six percent a year on obligations or liabilities by a servicemember while in service. Requires a servicemember, in order to be protected by the six percent cap, to provide creditors with written notice and a copy of his or her service orders, as well as any orders for service extension, within 180 days after termination or release from such service. Allows the court to grant a creditor relief from the six percent limit if the ability of the servicemember to pay interest in excess of the cap is not materially affected by reason of military service. Prohibits an eviction or distress from being made against a service member or his or her dependents during a period of military service with respect to a premise for which the agreed rent does not exceed $1,200 (currently, $150) per month or a monthly basic allowance for quarters rate, whichever is greater, except by court order. Allows an eviction or distress proceeding to be stayed for more than 90 days if, in the court's opinion, justice and equity require a different period. Allows a court to adjust the obligation under the lease in order to preserve the interests of all parties. Allows a court, when a servicemember has paid installments on an installment contract before entering military service, to order repayment to the servicemember of all or part of such paid installments as a condition to terminating the contract. Extends such protection to contracts for leases of property (currently, only to purchases). Authorizes the court to stay proceedings or adjust party obligations in the case of claims filed to enforce mortgage or trust deed payments for up to 90 days after a servicemember's period of military service (currently, for the service period only). Extends lease termination provisions (provisions allowing persons in military service a more expedient notice and termination process due to such service) to servicemembers executing a lease and thereafter receiving orders for a permanent change of station or to deploy with a military unit for at least 90 days. Entitles a dependent of a servicemember, upon application to a court, to protections of the Act concerning rent, installment contracts, mortgages, leases, and life insurance policies if the dependent's ability to comply with a lease, contract, bailment, or other obligation is materially affected by reason of the servicemember's military service. Increases the total amount of life insurance coverage protection provided by title IV of the Act to $120,000, or an amount equal to the Servicemen's Group Life Insurance (SGLI) maximum limit, whichever is greater. (Currently, the limit is $10,000.) States that findings of fact and conclusions of law made by the Secretary of Veterans Affairs with respect to the guaranteed insurance provisions of title IV of the Act may be reviewed by the Board of Veterans Appeals and the U.S. Court of Veterans Appeals. (Currently, such findings and conclusions are not reviewable by any other official or agency of the Government.) Protects former servicemembers from certain land entry and mining claim requirements during their period of rehabilitation from injury or illness incurred during military service. Extends for up to 60 days after the beginning of an assessment year the period during which a claimant is permitted to file a notice communicating the claimant's military service and the desire to hold the mining claim during such service. Directs the Secretary of the military department concerned (currently, the Secretary of the Interior) to issue to servicemembers information and applicable forms with respect to protections afforded under the Act during military service. Entitles all servicemembers (currently, only those under age 21) to full protection of laws relating to lands owned or controlled by the United States, including mining and mineral leasing laws. Prohibits a tax jurisdiction (a State or political subdivision) from using the military compensation of a non-resident servicemember to increase the tax liability imposed on other income earned by such servicemember or his or her spouse. Treats Indian servicemembers whose legal residence or domicile is a Federal Indian reservation as taxable under the laws applicable to such reservation as opposed to the State in which the reservation is located. Extends certain power-of-attorney protections authorized under the Act to include a power of attorney that expires by its terms after July 31, 1990 (currently, such protections extend only to power of attorney executed during the Vietnam era). Suspends a professional liability insurance policy period (thereby not requiring insurance coverage payments to be made) for the period of active military service in the case of a person providing professional services under a professional liability insurance contract who entered into active duty after July 31, 1990. Prohibits the insurance carrier from requiring payments to be made during the period of such suspended coverage, but makes such carrier not liable with respect to any claim that is based on professional conduct of a servicemember that occurs during a period of suspended coverage. Requires any professional liability insurance so suspended on account of active duty service to be automatically reinstated by the insurance carrier on the date requested by the servicemember, as long as the servicemember makes such request within 30 days after being released from active duty. Requires the "new" insurance period to be no less than the period which would have been in effect had the insurance coverage not been suspended. Prohibits the insurance carrier from increasing the premium to be charged for such professional liability insurance, except for general increases applicable to all such insurance contracts. Provides for the stay of an action for damages against a servicemember whose coverage has been suspended for the period of such suspension, under certain conditions. Provides for the: (1) computation of an appropriate statute of limitations with respect to an action which could have been brought except for the suspension of coverage and the staying of an action during such suspension; and (2) effect of a servicemember's death on such professional liability insurance coverage, its suspension, and any actions brought or stayed with respect to such servicemember before, during, or after the period of suspended coverage. Provides that a servicemember entitled to the rights and protections of the Act shall also be entitled, upon termination or release from military service, to reinstatement of any health insurance that: (1) was in effect when the servicemember was ordered to report for active service; and (2) was terminated during the period of service. Prohibits any exclusions or waiting periods from being imposed upon such a returning servicemember for such health insurance if: (1) the condition that is the basis for such exclusion or waiting period arose before or during the servicemember's training or military service; (2) such exclusion or waiting period would not be imposed for the condition during the period of coverage; and (3) such condition is not determined by the Secretary of Veterans Affairs to be a disability incurred or aggravated in the line of duty.
Resolution· HRESH.Res. 419 (102nd)referred
United States · United States Congress · 3 April 1992
Title I: Chief Financial Officer, General Counsel, and Certain Other Reforms - Subtitle A: Chief Financial Officer Amendments to the Rules of the House and Related Provisions - 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 any intimidation of, or reprisal against, an employee of the House by an employing authority because of a complaint made by the employee a violation of rule LI. 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 require one-half of the members of the Committee on House Administration to be from the majority party and one-half to be from the minority. Allows the chairman or ranking minority party member of the Committee on House Administration to authorize and issue subpoenas. 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. Directs the Speaker, upon the recommendation of the majority and minority leader, acting jointly, to appoint an Inspector General for the House. Subtitle B: 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 II: Legislative Process Reforms - 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. Directs the Speaker to state the question on reconsideration of a bill, immediately after its return from the President, without an intervening motion. Requires the House to proceed to vote on the reconsideration of such measure. 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 a bill originating in the House to be presented to the President by the tenth calendar day after it has passed the House and the Senate in identical form. 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 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 50 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 each pertinent appropriations measure: (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. 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 or State only. (Current law permits such mailings in areas proposed to become a part of such Member's congressional district by legislative or judicial proceedings but not in effect.) 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. Permits the chairman of the Committee on Standards of Official Conduct to serve for the first session of a Congress only. Requires the House to elect a member of such committee to serve as chairman from nominations submitted by the minority party caucus or conference, at the beginning of a second session of a Congress. Provides that in adopting the Rules of the House of Representatives in the 103d Congress and any subsequent Congress, each rule shall be agreed to by separate resolution of the House.
Bill· SS. 2515 (102nd)referred
United States · United States Congress · 2 April 1992
Veterans' Employment and Training Act of 1992 - Directs the Secretary of Veterans Affairs (Secretary) and the Secretary of Labor to assist eligible veterans in obtaining employment with eligible employers in permanent and stable positions that require significant training by providing: (1) training assistance payments to employers who employ and train eligible veterans; and (2) training benefits and appropriate counseling to eligible veterans. Requires the Assistant Secretary of Labor for Veterans' Employment and Training to assist the Secretary of Labor in carrying out this Act. Makes eligible for such training programs veterans who: (1) are unemployed at the time they apply; and (2) have either been unemployed for ten of the previous 15 weeks prior to applying, or were separated from active duty not more than ten weeks before starting the program. Requires such eligible veterans to submit to the Secretary of Labor an application for a certificate of eligibility for participation in the training program. Outlines provisions concerning the granting or denial of such certificates, including the right to appeal a denial to the Secretary of Labor. Requires a veteran to commence participation in an appropriate training program within 90 days after the certificate is issued. Provides for certificate renewal. Defines as eligible employers employers who intend to provide training in a field of employment providing reasonable probability of stable, long-term employment. Provides job training program requirements, including the provision of compensation to a veteran during such training and the employment of such veteran in the position for which trained, if practicable. Provides certain positions of employment for which an employer is prohibited from training eligible veterans (those involving seasonal or temporary employment, training outside of the United States, or those which will displace current workers or delay the return of previously laid-off workers). Authorizes an eligible employer to provide job training through educational instruction, if appropriate. Limits the duration of such training periods to no less than six months and no more than two years, with an exception. Directs the Secretary of Labor to approve each job training program established by an employer for purposes of this Act. Requires each employer who intends to carry out a job training program to submit an application to the Secretary of Labor. Provides: (1) application requirements; (2) program approval requirements; (3) that apprenticeship or other on-job training shall be considered a job training program for this Act's purposes; and (4) conditions under which the approval of a job training program may be discontinued by the Secretary of Labor. Requires notification to an employer and any affected veterans of the disapproval of a job training program. Provides for reapproval of such program in appropriate circumstances. Directs the Secretary to pay training assistance to employers who provide job training to veterans in programs under this Act. Provides for payment amounts and requires such payments to be made on a quarterly basis, with an exception. Requires the Secretary of Labor to transmit to the Secretary notice of program approval before such payments may be made. Directs the Secretary to pay accommodation assistance to permit employers to modify their facilities or equipment in order to facilitate the training and employment of disabled veterans. Requires an employer desiring such assistance to submit to the Secretary of Labor a detailed proposal relating to such modifications as well as documentation of the completion of such modifications and their costs. Requires the Secretary of Labor to approve each proposal for modifications, approve modification costs, and transmit to the Secretary notice of such approval. Directs the Secretary, after receiving such notice, to pay the appropriate accommodation assistance. Limits such payments to $3,000 per employer. Requires each employer so paid to permit facility access to ensure compliance with modification requirements. Outlines provisions concerning the determination of overpayment of job training program assistance under this Act and the recovery by the Secretary of such overpayments. Directs the Secretary to pay training benefits to veterans who participate in programs under this Act in order to defray work-related expenses. Limits such payments to $1,500 per veteran. Requires a veteran desiring such payment to apply to the Secretary of Labor, stating the amount of expenses incurred. Requires the Secretary of Labor to approve such application before any payment may be made. Outlines provisions concerning payment administration, determinations of overpayments, and recovery of overpayments. Authorizes the Secretary to waive recovery of overpayments when recovery would be against equity and good conscience. States that an employer: (1) may not provide a veteran with job training under a program if the Secretary determines that there are insufficient funds; (2) must notify the Secretary 14 days before furnishing job training to a veteran and to commence such program unless advised otherwise by the Secretary within such period; and (3) who provides training under this Act shall provide the veteran with a copy of the application for approval of the program as submitted to the Secretary of Labor. Directs the Secretary of Labor to ensure that the job training programs are carried out in compliance with this Act. Authorizes the Secretary of Labor to investigate matters related to a program, to enter onto an employer's premises, and to have access to records maintained by an employer with respect to a job training program. Prohibits an employer from being paid training assistance on behalf of a veteran under this Act if, during the training period, the employer is allowed a tax credit or is paid an allowance for such veteran under various Federal provisions. Provides an identical prohibition for the payment to a veteran of training benefits under this Act for work-related expenses. Prohibits either such payment if the veteran has completed a program of job training under this Act or under the Veterans' Job Training Act. Authorizes the Secretary and the Secretary of Labor to provide certain employment counseling and guidance services to veterans who are issued certificates of eligibility for participation in a job training program under this Act. Requires such services to be coordinated with similar services under Federal veterans' benefits provisions. Directs the Secretary of Labor to establish a program of case management services under which each veteran participating in a job training program approved under this Act is provided a case manager who is a veterans' outreach program specialist. Outlines the case management services to be provided. Provides that the Secretary of Labor is not required to provide a veteran with case management services if: (1) the outreach specialist recommends that the veteran does not need such services; or (2) the Secretary of Labor determines that the employer has an appropriate assistance program or that the rate of successful completion of the program is more than 60 percent. Directs the Secretary and the Secretary of Labor to provide eligible veterans with notice and information with respect to the counseling and guidance services, the case management services, and certain supportive services available to service-connected disabled veterans who are recently separated from military service as provided under the Job Training Partnership Act. Authorizes the Secretary to enter into contracts with and pay (up to a specified limit) entities for the provision of all such services. Directs the Secretary and the Secretary of Labor to carry out a public information and outreach program under which the Secretaries: (1) inform veterans of job training and employment programs; (2) inform private businesses, institutions of higher education, trade associations, and labor organizations of such training programs and employment opportunities; and (3) promote the development of job training and employment opportunities for veterans by various means. Requires coordination of such program with other Federal, State, and local programs. Directs each Secretary to make available in his or her respective local and regional offices such personnel and services as determined necessary to carry out the provisions of this Act. Directs the Secretary of Labor to obtain from the Administrator of the Small Business Administration a list of small businesses that are suitable to carry out job training programs under this Act. Requires the Administrator to update such list on a regular basis. Directs the Secretary of Labor to use resources made available under this Act to assist service-connected disabled veterans and veterans recently separated from military service under provisions of the Job Training Partnership Act. Directs the Secretary of Labor to inform veterans who are denied certificates of eligibility for programs provided under this Act of the opportunities available to such veterans under the Job Training Partnership Act or other similar programs. Directs the Secretary of Labor, in each of FY 1993 through 1997, to award grants to nonpublic entities having appropriate expertise in such matters for providing employment assistance (including counseling) to homeless veterans. Provides a fiscal year funding limitation for such grants. Directs the Secretary of Labor, in consultation with the Secretary, to evaluate on an annual basis the status of the programs authorized and carried out under this Act in order to ensure that programs satisfy their purposes. Directs the Secretary of Labor to submit to the Senate and House veterans' and labor committees preliminary and annual reports on actions taken and costs to implement this Act and their assessments with respect to the programs provided. Terminates the provision of training assistance to employers and training benefits to a veteran under this Act for any training provided after September 30, 1997. Authorizes appropriations for FY 1993 through 1997. Prohibits the obligation of any more than five percent of such authorized amounts for administrative activities by either Secretary.
Bill· SS. 2513 (102nd)open
United States · United States Congress · 2 April 1992
American Health Security Plan - Title I: Eligibility and Enrollment - Entitles every U.S. resident citizen, national, and lawful resident alien to health care services and long-term care services under this Act. Requires each State program to provide for a mechanism for enrollment and issuance of an identification and processing card. Provides for portability. Title II: Benefits - Subtitle A: Health Care Services - Includes as covered services: (1) inpatient and outpatient hospital care; (2) diagnostic and screening tests; (3) services furnished by health care professionals; (4) preventive care; (5) prescription drugs, biologicals, and devices; (6) substance abuse services; (7) outpatient mental health services; (8) hospice care; (9) habilitation and rehabilitation; (10) home medical equipment and prosthetic devices; and (11) approved experimental treatment. Prohibits States from limiting the amount, duration, or scope of services except as provided in this Act. Excludes cosmetic surgery and certain inpatient amenities. Requires: (1) the Federal Health Board established by this Act to provide for copayments and out-of-pocket limits; and (2) the Federal Health Priorities Council established by this Act to study whether out-of-pocket limits should take into account family size and whether cost sharing should be different for individuals who engage in practices deemed to increase the likelihood of service use. Subtitle B: Long-Term Care Services - Requires that the Board set standards for eligibility, long-term care services coverage, income protection, and case management. Requires that long-term care include at least home- and community-based services, nursing home care, hospice care, home medical equipment, and services for individuals with developmental disabilities and mental illness. Requires the Board to establish an income-related cost sharing schedule. Requires reduction of cost sharing to ensure that the income and assets of the individual using long-term care services under this Act are sufficient to: (1) cover all items needed in addition to those provided by the long-term care facility; (2) maintain the individual's primary residence; and (3) maintain the individual's independence once the individual no longer needs long-term care services. Requires, for the protection of spouses and dependents, reduction of cost sharing. Provides for the appointment of a Long-Term Care Services Assessment Commission to make recommendations annually regarding specified aspects of long-term care under this Act. Authorizes appropriations. Subtitle C: Modification of Services - Requires annual recommendations by the Priorities Council regarding changes in services under this Act. Authorizes the Board to promulgate regulations for implementing the Council's recommendations. Gives the regulations the force of law unless Congress disapproves. Title III: Federal and State Administration - Subtitle A: Federal Administration - Establishes the Federal Health Board to administer this Act and take other actions, including establishing national minimum quality standards, establishing uniform reporting requirements, and reviewing and approving interstate consortia. Requires the Board to appoint the Federal Health Advisory Council. Establishes the Federal Health Priorities Council to conduct hearings and studies and make recommendations on how health care dollars should be allocated in the context of a publicly funded national health insurance plan. Authorizes appropriations for the Board, the Advisory Council, and the Priorities Council. Subtitle B: State Administration - Provides for Board review and approval of State programs. Includes in requirements for State programs: (1) financing of services through a designated fund; (2) designation of a single nonprofit State agency to administer the program; (3) establishment of boards to negotiate with hospitals and practitioners; and (4) freedom of individuals to choose providers. Allows States to contract with fiscal intermediaries, in a process of competitive bidding, to administer the State program. Provides for waivers for States to: (1) implement alternative and innovative provider reimbursement, cost sharing, and administration; and (2) provide services through a capitation method. Allows any group of States to establish a regional consortium in lieu of State programs. Provides for congressional disapproval of the consortium agreement. Mandates grants to States or regional consortia for the establishment and initial operation of the State or regional plan. Authorizes appropriations. Title IV: Financing - Subtitle A: Health Budgets - Requires the Board to establish an annual or biennial budget for Federal and State expenditures under this Act. Requires computation of national average per capita costs, adjustments for risk groups, and adjustments for specified factors in each State. Provides for determination by the Board of the Federal and State shares of expenditures, subject to congressional disapproval. Entitles each State with an approved State program to a Federal contribution of the Federal share plus that State's total projected expenditures for services under this Act. Prohibits a State, either by intention or as an unstated consequence of budget allocations, from restricting timely access to medically necessary and appropriate services under this Act or permitting queues to form that have the potential to be life threatening. Subtitle B: Payments to Providers - Provides for State payments to hospitals and other health care and long-term care institutions for the areas of operating, capital, and health training expenses. Sets forth principles for guiding State reimbursement negotiation boards in each such area. Requires the State practitioner reimbursement negotiation board to negotiate with the State organizations representing each of the practitioner disciplines to derive a relative value scale fee schedule fulfilling specified principles. Sets forth principles for negotiating reimbursement rates for nonphysician providers. Declares payment by a State program to be payment in full. Subtitle C: Revenues - Requires the Board to develop a mechanism for determining and collecting a premium from individuals and employers. Requires the Board, subject to congressional disapproval, to collect premiums from individuals and employers according to certain requirements, including that the premiums from: (1) individuals be income-based and progressive; and (2) employers be based on each employer's ability to pay. Amends the Internal Revenue Code to define "accident or health insurance," for purposes of provisions relating to exclusions from gross income, to mean an approved State program under this Act. Removes provisions relating to amounts paid to highly compensated individuals under a discriminatory self-insured medical expense reimbursement plan. Prohibits trade or business expense deductions for employer group health plan expenses unless the plan is an approved State plan under this Act. Removes provisions: (1) limiting deductions for health insurance costs of self-employed individuals to 25 percent of those costs; and (2) terminating, on a specified date, the allowance of any deductions for such costs for self-employed individuals. Modifies definitions under provisions allowing individual medical expense deductions, including defining "medical care" to mean premiums and cost-sharing under this Act. Terminates, after 1998, the child health insurance credit. Establishes in the Treasury the Federal Health Care Trust Fund. Appropriates to the Fund premiums under this Act and additional revenues received as a result of amendments made by this subtitle. Transfers to the Fund all remaining amounts in the Federal Hospital Insurance Trust Fund and the Federal Supplementary Medical Insurance Trust Fund. Authorizes and appropriates: (1) amounts equal to appropriations under title XIX (Medicaid) of the Social Security Act and under provisions of Federal law relating to the Civilian Health and Medical Plan of the Uniformed Services (CHAMPUS) and relating to health insurance for Federal officials and employees; (2) additional sums as required to cover administrative expenses; (3) payments to each State for the Federal share of expenditures under this Act; and (4) sums as determined by the Board to be necessary to cover contingencies. Declares that the receipts and disbursements of the Fund shall not be included in the totals of the U.S. budget and exempts them from any general budget limitation. Makes each State responsible for establishing a financing program for the implementation of the State program. Title V: Congressional Consideration - Sets forth rules, changeable as any other rule of the House of Representatives or the Senate, regarding congressional disapproval resolutions under this Act. Title VI: Private Options - Declares that this Act does not prohibit private insurance coverage supplementing the services covered under this Act. Allows private insurance coverage for services covered under this Act, subject to limitations, including: (1) prohibiting private coverage for the cost-sharing requirements for health care services and other non-long-term care services covered under this Act; (2) requiring issuers of private insurance to inform purchasers of any duplication in coverage; and (3) requiring the Comptroller General to review private insurance industry practices and make recommendations to the Congress regarding prevention of fraud and abuse in the sale of duplicative or supplemental private insurance. Declares that the purchase of any private insurance does not relieve the purchaser of the payment of premiums under this Act. Title VII: Expansion of Outcomes Research and Delivery of Services in Underserved Areas - Amends provisions of the Social Security Act relating to health care outcomes research to authorize appropriations. Authorizes appropriations to carry out provisions of the Public Health Service Act relating to the National Health Service Corps. Amends the Public Health Service Act to authorize grants to local communities for programs to finance the health-related education of residents of such communities, provided such residents agree to practice in a health-related field in that community for at least four years after graduation. Authorizes appropriations. Mandates grants to expand the availability of comprehensive primary health services in medically underserved areas. Allows community and migrant health centers in existence at enactment of this Act to use any increase in revenue resulting from the increase in the number of insured patients treated for the expansion of the amounts and types of services furnished, to serve additional patients or areas, or to promote the recruitment, training, or retention of personnel. Authorizes appropriations. Title VIII: Malpractice Reform - Requires the Board to make grants to States for the development and implementation of medical malpractice reforms meeting specified criteria. Authorizes appropriations. Title IX: Effective Dates; Terminations; Transition; Relation to ERISA - Repeals: (1) titles XVIII (Medicare) and XIX (Medicaid) of the Social Security Act; (2) provisions of the Internal Revenue Code relating to hospital insurance; (3) certain provisions of Federal law relating to the Civilian Health and Medical Program of the Uniformed Services (CHAMPUS); and (4) specified provisions of Federal law relating to health benefits for Federal officials and employees. Requires the Board to recommend to the Congress amendment or repeal of any other Federal program inconsistent with or duplicative of the principles of this Act. Supersedes, to the extent they are inconsistent with this Act, the provisions of the Employee Retirement Income Security Act.
Bill· SS. 2514 (102nd)open
United States · United States Congress · 2 April 1992
Child Support Tax Equity Act of 1992 - Declares that nothing in this Act should be construed to affect the right of an individual or State to receive child support payments or the obligation of an individual to pay child support. Amends the Internal Revenue Code to allow a nonbusiness bad debt deduction for unpaid child support payments. Limits such deduction to $10,000 per child. Allows such deduction to taxpayers whose gross income does not exceed $40,000 and who are owed payments of at least $500. Requires payments to be delinquent during the entire taxable year. Provides a cost-of-living adjustment for amounts under this Act. Requires subsequent payments to be included in the gross income of the recipient. Requires any taxable unpaid child support payments of a taxpayer to be treated as amounts includible in gross income by reason of the discharge of indebtedness of the taxpayer. Allows a deduction for subsequently made payments.
Bill· SS. 2521 (102nd)open
United States · United States Congress · 2 April 1992
Court of Federal Claims Technical and Procedural Improvements Act of 1992 - Amends the Federal judicial code to change the name of the U.S. Claims Court to the U.S. Court of Federal Claims (Claims Court). Specifies that: (1) if a judge of such court is not reappointed, such judge may continue in office until a successor is appointed and takes office; (2) the annuity of a Claims Court judge on senior status after age 65 shall be comparable to that of other senior status Federal trial judges insofar as social security taxes and payments are concerned; and (3) Claims Court judges are judicial officers eligible for coverage under specified annuity and insurance programs. Extends to Claims Court judges the same treatment afforded to other Federal trial judges with respect to earned military retirement pay. Makes technical and conforming amendments regarding the recall of a senior Claims Court judge. Authorizes: (1) Claims Court judges to hire the same number of law clerks as U.S. district court judges; (2) the Claims Court to hold court throughout the United States, including its territories and possessions (currently, court may only be held in the District of Columbia (DC) and in four locations outside DC); and (3) the chief judge of the Claims Court to issue an order authorizing a judge of such court to conduct proceedings in a foreign country whose laws do not prohibit such proceedings. Directs that the facilities of the Federal courts, as well as other comparable facilities administered by the General Services Administration, be made available for proceedings outside DC. Provides the Claims Court with declaratory judgment jurisdiction. Extends ancillary jurisdiction to a tort claim under the Federal Tort Claims Act when such claim is related to an action otherwise within the court's subject matter jurisdiction. Repeals a provision denying the Claims Court jurisdiction with respect to claims pending in other courts. Makes certification of claims under the Contract Disputes Act of 1978 non-jurisdictional. Makes applicable to the Claims Court provisions pertaining to costs, witness fees, forma pauperis proceedings, and counsel's liability for excessive costs which are currently applicable to other Federal trial courts. Grants the Claims Court specified powers to punish contempt of its authority and to have such assistance in carrying out its orders as is available to other Federal courts. Specifies that the U.S. marshal for any district in which the Claims Court is sitting shall, when requested by the Chief Judge of such court, attend any session of the court in such district.
Bill· HRH.R. 4760 (102nd)open
United States · United States Congress · 2 April 1992
Cable Television Consumer Protection Act of 1992 - Amends the Communications Act of 1934 to prohibit any Federal agency, State, or franchising authority from regulating the rates for the provision of cable service or for the installation or rental of equipment used for the receipt of cable service, except as provided under this Act. Requires the Federal Communications Commission (FCC), if it finds that a cable system is not subject to effective competition, to ensure that the rates that such system charges for basic cable service (or charges for changes in service tiers), including the installation or rental of equipment used for the receipt of such basic service, are reasonable. Specifies that: (1) if fewer than 30 percent of all customers of such cable system subscribe only to basic cable service, the FCC shall also ensure that rates are reasonable for the lowest-priced tier of service subscribed to by at least 30 percent of the cable system's customers; and (2) no competing multichannel video programming distributor (MVPD) serving households in a cable community which is owned or controlled by, or affiliated through substantial common ownership with, the cable system in such cable community shall be included in any determination regarding effective competition under this Act. Directs the FCC, upon written request by a franchising authority, to review the State and local laws and regulations governing the regulation of cable systems under the jurisdiction of such franchising authority. Allows the FCC to authorize the franchising authority to carry out such regulation in lieu of the FCC in certain instances. Directs the FCC, upon request by a cable operator or other interested party, to review the regulation of cable system rates established by a franchising authority authorized by the FCC. Allows a cable operator to add or delete from a basic cable service tier any video programming other than retransmitted local television broadcast signals. Directs the FCC to prescribe procedures, standards, requirements, and guidelines for the establishment of reasonable rates for basic cable service by a cable operator not subject to effective competition. Authorizes a cable operator to file with the FCC a request for a rate increase in basic cable tier service. Considers such request granted if not acted upon within 180 days. Directs the FCC to prescribe: (1) criteria for determining whether rates for cable programming services are unreasonable; and (2) criteria for determining that a complaint objecting to such rates and establishing that such rates are unreasonable has been properly filed. Outlines factors for making such determinations. Requires a cable operator to implement a cable service rate structure that is uniform throughout the geographic area in which service is provided. Prohibits a video programmer in which a cable operator has an attributable interest and who licenses video programming for national or regional distribution from: (1) unreasonably refusing to deal with any MVPD; or (2) discriminating in price, terms, and sale conditions among cable systems, operators, or other MVPDs if such action would impede retail competition. Specifies that, for purposes of this Act, any video programmer who licenses video programming for distribution to more than one cable community shall be considered a regional distributor of video programming. Allows such a programmer to: (1) impose reasonable requirements for creditworthiness, service, and financial stability; (2) establish different prices, terms, and conditions to take into account certain objective cost factors; and (3) permit price differentials which are made in good faith to meet the low price of a competitor. Prohibits a cable operator, system, or its affiliate from discriminating against any unaffiliated video programmer or requiring a financial interest as a condition of carriage on a cable system. Requires any person who encrypts any satellite cable programming for private viewing to make such programming available for private viewing by C-band receive-only home satellite antenna users. Prohibits a fixed service satellite carrier which provides secondary transmissions of superstation programming to the public for private home viewing from: (1) unreasonably refusing to deal with any distributor of video programming which provides service to home satellite dish subscribers who meet certain licensing requirements; and (2) discriminating in the price, terms, and conditions on the sale of programming among the distributors to qualified home satellite dish owners or between such distributors and other MVPDs. Directs the FCC to establish regulations governing program carriage agreements and related practices between cable operators and video programmers which: (1) include provisions designed to prevent a cable operator or other MVPD from requiring a financial interest in a program service as a condition for carriage on one or more of such operator's systems, to prohibit such operator or MVPD from coercing a video programmer to provide exclusive rights against other MVPDs as a condition of carriage on a system, and to prevent a MVPD from engaging in conduct which unreasonably restrains the ability of an unaffiliated video programmer to compete fairly by discriminating in video programming distribution on the basis of the affiliation or nonaffiliation in the selection, terms, or conditions for carriage of video programmers; (2) provide for expedited review of complaints made by a video programmer pursuant to this Act; (3) provide penalties to be assessed for filing frivolous complaints under this Act; and (4) provide appropriate penalties and remedies for violation of such provisions. States as one of the purposes of the Communications Act of 1934 the promotion of competition in the delivery of diverse sources of video programming. Authorizes the FCC to: (1) determine the maximum reasonable rates a cable operator may establish for the commercial use of designated channel capacity; and (2) establish reasonable terms and conditions for such use. Directs a cable operator required to designate channel capacity for commercial use to use any such channel capacity for programming from a qualified minority programming source unaffiliated with the operator if such programming is not already carried on the cable system. Limits to 33 percent of total capacity the channel capacity allowed for minority programming. Makes programming already provided over a cable system on July 1, 1990, ineligible to qualify as minority programming under this provision. Directs the FCC to establish reasonable limits on the number of: (1) cable subscribers that may be reached through cable systems owned by one person; and (2) channels of a cable system that can be occupied by a video programmer in which a cable operator has an attributable interest. Makes it unlawful for a cable operator to hold a license for a multi-channel multipoint distribution service, or to offer satellite master antenna television service separate and apart from any franchised cable service, in any portion of the cable community served by that cable operator's cable system. Directs the FCC to waive such prohibition in certain instances. Directs the FCC to regulate the outside ownership of MVPDs if ten percent of U.S. households with television sets subscribe to service provided by such MVPDs directly via home satellite antennas. Requires access to such satellite service by unaffiliated video programmers in such case. Authorizes a franchising authority to establish customer service requirements that exceed standards set by the FCC under this Act, subject to specified limitations. Directs the FCC to: (1) establish customer service standards that ensure that all customers are fairly served; and (2) regularly review such standards and make such modifications as necessary. Authorizes a franchising authority to enforce the standards established by the FCC. States that any lawful action to revoke a cable operator's franchise for cause shall not be negated by the initiation of renewal proceedings by the cable operator. Gives the FCC authority to require that television sets wired for cable television be equipped with an electronic switch allowing users to readily change among all video distribution media. Requires such switch to be included only if the FCC determines that its installation is technically and economically feasible. Provides that, in any court proceeding asserting a violation of First Amendment rights by a franchising authority or governmental entity arising from actions expressly authorized or required under title VI of the Communications Act of 1934, any relief shall be limited to injunctive relief, declaratory relief, and attorney's fees and legal costs, with certain exceptions. Directs the FCC to establish minimum technical standards to ensure adequate signal quality for all classes of video programming signals provided over a cable system and to periodically update such standards to reflect improvements in technology. Directs the FCC to establish procedures for handling complaints or allegations that such standards have not been met. Prohibits a State, franchising authority, or other governmental entity from establishing any other technical standards once the FCC has done so. Prohibits a cable system or MVPD, beginning one year after enactment of this provision, from retransmitting any part of the signal of a broadcast station without the express authority of the originating station, with certain exceptions specified later under this Act. Provides exceptions to such prohibition for certain retransmitted signals. Requires the FCC to establish regulations governing the exercise by television broadcast stations of the right to grant retransmission consent and of the right to signal carriage as permitted later under this Act. Requires the FCC in such regulations to consider the impact that the grant of retransmission consent may have on the rates for basic cable service and to ensure that such rates are reasonable. Requires such regulations to be completed within six months after commencement. Requires television stations, under such regulations, to elect between the right to grant retransmission authority and the right to signal carriage. Makes such election applicable to all cable systems within the jurisdiction of any franchising authority. Requires each cable operator to carry the signals of local commercial television stations and qualified low-power stations. Requires a cable operator with 12 or fewer usable activated channels to carry at least three local commercial television stations (LCTSs) unless such cable operator has 300 or fewer subscribers and does not delete from its carriage any signal of a broadcast television station. Requires a cable operator with more than 12 usable activated channels to carry the signals of LCTSs of up to one-third of the aggregate number of usable activated channels of such system. Allows a cable operator discretion in selecting which local broadcast signals shall be carried on its system once the minimum number of LCTSs on its system has been met, with specified conditions. Requires a cable operator to carry in its entirety: (1) the primary video, audio, and closed caption transmission of each of the LCTSs carried on its system, including, when technically feasible, program-related material carried in the vertical blanking interval or on subcarriers; and (2) the program schedule of any television station carried on its system, unless prohibited, and other programming authorized to be substituted. Requires the FCC to adopt carriage standards to ensure that the quality of signal processing and carriage provided by a cable system for the carriage of LCTSs will be no less than that provided for the carriage of any other type of signal. Directs the FCC to initiate a proceeding to establish any changes in signal carriage requirements of cable television systems needed to ensure cable carriage of the broadcast signals of LCTSs which have been changed to conform with modified standards for television broadcast signals. Prohibits requiring a cable operator to: (1) carry the signal of any LCTS that substantially duplicates the signal of another LCTS; or (2) carry the signals of more than one LCTS affiliated with a particular broadcast station. Requires each signal carried in fulfillment of carriage obligations under this Act to be carried on: (1) the cable system channel number on which the LCTS is broadcast over the air; (2) the channel on which it was carried on July 19, 1985 (at the election of the station); or (3) a channel mutually agreed upon by the station and the cable operator. Requires all signals carried by a cable operator to be provided to every subscriber of a cable system. Requires converter boxes, if necessary for viewing all offered channels, to be offered to all subscribers on a sale or lease basis. Requires a cable operator to: (1) identify upon request the signals carried on its system; and (2) provide written notice to a LCTS, at least 30 days in advance, of its intention to either delete from carriage or reposition such station on its system. Prohibits a cable operator from accepting or requesting monetary payment or other valuable consideration in exchange for the carriage of a LCTS in fulfillment of the requirements of this Act except under specified conditions. States that if there are not sufficient signals of full power LCTSs to fill the required number of channels to be carried by a cable operator, then the cable operator shall be required to carry qualified low-power stations until such channels are filled. Requires an LCTS that believes that a cable operator has failed to meet its obligations under these provisions to notify the operator in writing of the alleged failure, with an explanation. Requires the operator to respond to such allegations within 30 days by either commencing to comply with such obligations or notifying the station of its reasons for not doing so. Allows the LCTS to then file a complaint with the FCC if such obligations are refused by the cable operator. Prohibits cable operators from being required to provide: (1) input selector switches or comparable devices; or (2) information to subscribers about such devices. Directs the FCC to commence an inquiry to determine whether broadcast television stations whose programming consists predominantly of sales presentations are serving the public interest, convenience, and necessity. Directs the FCC, if arriving upon a negative determination after such inquiry, to allow the licensees of such station a reasonable period to provide alternate programming, without a denial of renewal expectancy based solely upon such prior programming. Requires an operator of a cable system with: (1) 12 or fewer usable activated channels to carry the signal of only one qualified local noncommercial educational television station; and (2) 13 to 36 usable activated channels to carry the signal of at least one to three such stations. Specifies that, notwithstanding such provisions, all operators shall continue to provide carriage to all qualified local noncommercial educational television stations whose signals were carried on their systems as of March 29, 1990, subject to waiver under specified circumstances. Requires local signals carried in fulfillment of this Act to be carried on the lowest-priced service offered by the participating operator that includes the retransmission of local television broadcast signals. Prohibits a participating operator from accepting money or other consideration for the carriage of the signal of any qualified local noncommercial educational television station carried in fulfillment of the requirements of this Act, except that such station may be required to bear the cost associated with delivering a good quality signal to the principal headend of the cable system. Authorizes a qualified local noncommercial educational television station to file a complaint with the FCC when it believes that a participating operator is not complying with signal carriage requirements enumerated under this Act. Outlines administrative procedures for FCC review and rulings on such complaints. Amends the Communications Act of 1934 to add a new section entitled the Cable Equipment Act of 1992. Prohibits cable operators from scrambling or otherwise encrypting any local broadcast signal, except as authorized under this Act to protect against the substantial theft of cable service. Prohibits any limitation on such scrambling or encrypting where the use of such technology does not interfere with the functions of subscribers' televisions or video cassette recorders (VCRs). Directs the FCC to issue and periodically update regulations prescribing the circumstances under which a cable operator may scramble or encrypt a local broadcast to protect against substantial theft of cable service. Requires cable operators to notify subscribers of various alternatives if their cable service is delivered through a converter box, including the alternative of having cable service installed by direct connection to the television or VCR in lieu of passing through a converter box. Requires the FCC to promulgate regulations requiring cable operators that offer the rental of a remote control unit to subscribers in connection with cable service to provide for, and notify subscribers of, compatibility of commercially available remote control units. Directs the FCC to report to the Congress on means of assuring compatibility between televisions and VCRs and cable systems so that subscribers will be able to enjoy the full benefit of both cable programming and the functions available on their televisions and VCRs. Provides that any civil action challenging the constitutionality of this Act shall be heard by a district court. Provides that any action holding such a provision unconstitutional shall be reviewable as a matter of right by direct appeal to the Supreme Court if such appeal is filed within 20 days after such holding. Directs the FCC to prescribe rules and regulations concerning the disposition, after a cable subscriber terminates service, of any cable installed by the operator within the premises of such subscriber. Prohibits a cable television franchising authority from granting an exclusive franchise or unreasonably refusing to award additional cable television franchises, except due to technical infeasibility. Requires a franchising authority, in awarding a franchise, to allow the applicant's cable system a reasonable opportunity to become to all households in the appropriate geographic area. Directs the FCC to report to the appropriate congressional committees analyzing the need for, and nature and extent of, the most appropriate public interest obligations to be imposed upon direct broadcast satellite services in addition to what is hereafter required. Directs the FCC to require, as a condition for any provision, authorization, or renewal for a direct broadcast satellite service providing video programming, that the provider reserve between four and seven percent of its channel capacity exclusively for nonduplicated, noncommercial, educational, and informational programming. Directs the satellite service provider to meet such requirements by leasing to national educational programming suppliers capacity on its system at reasonable prices, terms, and conditions, without editorial control over such programming. Establishes a study panel to report to the Congress recommendations on: (1) methods and strategies for promoting the development of programming for transmission over the public use channels; (2) avoiding conflicts of interest and the exercise of editorial control by the satellite service provider in selecting programming; (3) identifying existing and potential sources of funding for administrative and production costs for such public use programming; and (4) what constitutes reasonable prices, terms, and conditions for the provision of satellite space for public use channels. Authorizes each cable operator to identify, on a separate line on each bill sent to a subscriber, the amount of the total bill assessed: (1) for franchise fees; (2) to satisfy public, educational, or governmental channel carriage requirements; and (3) for fees, taxes, or other government charges imposed on the transaction between the operator and the subscriber. Prohibits a cable operator from charging a subscriber for any service or equipment not affirmatively requested by name by the subscriber. Requires a cable operator to prevent unauthorized access of personally identifiable information of a subscriber by a person other than the subscriber or cable operator. Requires cable operators to provide subscribers with certain prior notification when the operator plans to provide "premium" channel programming free of charge, and to block such premium programming at the request of the subscriber. Authorizes cable operators to enforce prospectively a written and published policy of prohibiting programming that the operator reasonably believes describes or depicts sexual or excretory activities or organs in a patently offensive manner as measured by contemporary community standards. Directs the FCC to promulgate regulations to limit the access of children to indecent programming as defined by FCC regulations and which cable operators have not voluntarily prohibited. Directs the FCC to promulgate regulations to enable a cable operator to prohibit the use on its system of channel capacity of public, educational, or governmental access for programming which contains obscene material, sexually explicit conduct, or material soliciting or promoting unlawful conduct. Expresses the sense of the Congress that television networks and producers should increase their activity to monitor and remove offensive sexual material from their broadcast programming. Revises the definition of "rural area" for purposes of an exemption to the cable television-television station cross-ownership prohibition. States that no provision of the Communications Act of 1934 shall be construed to: (1) prohibit a local or municipal authority that is also affiliated with a franchising authority from operating as an MVPD in the geographic jurisdiction of such franchising authority, notwithstanding the granting of one or more franchises by such franchising authority; or (2) require such local or municipal authority to secure a franchise to operate as an MVPD. Expresses the sense of the Senate that cable and television networks and local television stations should establish and follow voluntary guidelines to keep commercials depicting acts or threats of violence out of the family programming hours. Requires the FCC to study and report to the Congress on the impact of this Act on employment, economic competitiveness, growth, international trade, consumer welfare, and increased opportunities for small business and other entrants into the video marketplace to compete with cable.
Bill· HRH.R. 4748 (102nd)referred
United States · United States Congress · 2 April 1992
Reinvest in American Education Act - Title I: Care and Development of Children - Amends the Head Start Act to extend and increase the authorization of appropriations for the Head Start program. Amends the Child Care and Development Block Grant Act of 1990 to extend and increase the authorization of appropriations for the child care and early childhood development improvement program. Title II: Elementary and Secondary Education Improvements - Authorizes the Secretary of Education (the Secretary) to make school competitiveness challenge grants to State educational agencies (SEAs) for use by local educational agencies (LEAs) to implement public school programs to: (1) reduce class size; and (2) purchase and integrate computers and software programs. Requires State applications to cover a five-year period. Requires States to allocate all such funds to LEAs eligible to receive funds under provisions for disadvantaged students under chapter 1 of title I of the Elementary and Secondary Education Act of 1965 (ESEA chapter 1). Requires State appointment of a review panel to recommend LEAs that appear to meet the Secretary's requirements for such grant awards. Limits the Federal share to 90 percent of project costs. Limits certain uses of funds. Requires annual State reports. Authorizes appropriations. Authorizes the Secretary to make foreign language program grants to SEAs to develop and implement innovative programs to teach foreign languages to public school students in kindergarten through eighth grade. Requires States selected to receive such grants to distribute grants to LEAs, higher education institutions, and community-based organizations with expertise in foreign language training or foreign language integration with area studies, geography, and cultural awareness. Gives special consideration to entities with expertise in European and Pacific Rim languages. Requires State applications to cover a five-year period. Requires State appointment of a review panel to recommend LEAs based on ability to meet the the Secretary's requirements for such grant awards. Limits the Federal share to 90 percent of project costs. Requires annual State reports. Authorizes appropriations. Authorizes the Secretary to make demonstration grants for comprehensive services for children and youth to eligible entity partnerships to provide multiyear educational and social services to specified target populations of disadvantaged at-risk children and youth and their families. Requires such programs to coordinate activities under Federal, State, and local partnership grants into an integrated service delivery system colocated at a school or other community-based site accessible to and used by at-risk youth. Gives priority to entities that provide comprehensive services extending beyond traditional school or service hours (including year-round programs providing evening and weekend services). Allows award of such grants for up to five years, if progress is satisfactory. Requires equitable geographic distribution to both urban and rural areas with a high proportion of at-risk youth. Provides for bonus awards. Requires an entity to serve a target population of: (1) students enrolled in schools participating in school-wide projects assisted under ESEA chapter 1, and their families; (2) students enrolled in the most economically disadvantaged schools within the LEA; (3) out-of-school youth at-risk of having limited future options due to teenage pregnancy and parenting, substance abuse, recent immigration, disability, limited English proficiency, family migration, illiteracy, being the child of a teen parent, living in a single parent household, or being a high school dropout; or (4) any combination of in-school and out-of-school youth. Provides for: (1) authorized program activities; (2) one-year planning grants; (3) applications; (4) comprehensive service plans; (5) planning councils; (6) joint review of applications by the Secretaries of Education and of Health and Human Services; (6) annual interim reports; (7) a program evaluation study and report to specified congressional committees by the Secretary of Education; (8) minimum and maximum grant limits; (9) an 80 percent Federal share; and (10) technical assistance and information dissemination on successful models. Authorizes appropriations. Amends the Augustus F. Hawkins Human Services Reauthorization Act of 1990 to direct the Federal Council on Children, Youth, and Families to: (1) identify and, if possible, eliminate program regulations or practices that impede coordination and collaboration; (2) develop and implement plans for creating jointly funded programs, unified assessments, eligibility, and application procedures, and confidentiality regulations that facilitate information-sharing; and (3) recommend legislative action needed to facilitate coordination of educational and social services for children, youth, and families. Authorizes the Secretary to make grants to LEAs, in areas where the dropout rate for high school students is 20 percent or more, for daily after-school activities for at-risk students in the fourth through eighth grades of public schools in such an LEA's jurisdiction. Sets the Federal share at 90 percent of the costs of such activities. Sets forth required guidelines for such activities, including: (1) organization by peer group leaders from high schools, each to be paid for their services $1 per hour more than the Federal minimum wage; and (2) supervision by teachers, each to be paid for their services $20,000 per year in addition to their regular salary. Sets forth requirements for LEA applications and assurances. Authorizes appropriations. Authorizes the Secretary to make grants to SEAs for use by LEAs to repair, renovate, and modernize existing public school buildings to address health, safety, and environmental concerns. Requires State applications to cover a five-year period. Requires appointment of a review panel. Gives priority to: (1) schools that have buildings that are more than 25 years old; and (2) schools in which the buildings' physical condition warrants repair or renovation. Sets the Federal share at 90 percent of project costs. Requires annual State progress reports to the Secretary. Authorizes appropriations. Authorizes the Secretary to make grants to SEAs for use by LEAs to develop programs in public elementary schools regarding the Bill of Rights. Sets forth requirements for: (1) applications; (2) review panels; (3) 90 percent maximum Federal share; and (4) annual State reports. Authorizes appropriations. Authorizes the Secretary to make grants to SEAs for use by LEAs to develop or continue physical education programs and interscholastic sports programs in public schools for kindergarten through 12th grade. Sets forth requirements for: (1) applications; (2) review panels; (3) 90 percent maximum Federal share; and (4) annual State reports. Authorizes appropriations. Authorizes the Secretary to make grants to SEAs for use by LEAs to develop or continue arts education in public schools for kindergarten through 12th grade. Sets forth requirements for: (1) applications; (2) review panels; (3) 90 percent maximum Federal share; and (4) annual State reports. Authorizes appropriations. Amends the Dwight D. Eisenhower Mathematics and Science Education Act to extend and increase the authorization of appropriations for State grants and national programs to strengthen the skills of teachers and improve instruction in mathematics and science. Amends the Carl D. Perkins Vocational and Applied Technology Education Act to extend and increase the authorization of appropriations for programs of assistance to vocational education. Title III: Higher Education Loan Program - Self-Reliance Scholarship Act of 1991 - Amends the Higher Education Act of 1965 (HEA) to provide for Self-Reliance Scholarships to assist students in financing their undergraduate and graduate education. Establishes the self-reliance scholarship program as a student loan program, with repayments to be made over chosen periods under the income tax system on the basis of the individual's adjusted gross income. Requires the Director of the Office of Self-Reliance Scholarships established by this Act (the Director) to make such loans to each eligible student who qualifies, in an amount determined according to a specified formula. Authorizes the Director to enter into a contract for the conduct of the program or any portion of it. Requires each eligible institution to submit a list of loan applicants and the amounts for which they are qualified and promptly notify the Director of any change in their enrollment status. Requires the Director to establish an account for each such loan recipient by name and taxpayer identification number and provide for the increase of the total amount stated for such account by any amounts subsequently loaned to such recipient. Sets forth the terms of institutional agreements under such program, enforcement provisions, and reporting requirements. Requires each eligible institution entering such a program agreement, if it experiences a percentage increase in its cost of attendance exceeding a certain amount, to report to the Director on such increase and its justification. Requires the Director to report to the Congress on the reasons for such excessive increases and whether such information should be used as a basis on which to suspend or revoke, in whole or in part, the agreement with the eligible institution. Sets forth annual and aggregate limits on the amounts of such loans to individuals, with adjustments for inflation and for less than full-time students. Sets forth terms of such loans and provisions for disbursement of proceeds. Prohibits the amount of any such loan from being taken into consideration in determining student eligibility for assistance under any other program assisted under HEA. Establishes in the Treasury the Education Trust Fund (the Fund), consisting of transfers from education loan repayment taxes and surtaxes on individuals with incomes over $1,000,000 and from loan refunds after student withdrawals, amounts received pursuant to the issuance of obligations, and any interest earned on Fund investments. Bases the transfer of tax and surtax amounts on estimates. Requires the Secretary of the Treasury to invest the portion of the Fund which the Director judges is not required to meet current withdrawals. Authorizes the Fund to issue certain obligations. Authorizes the Director to obligate certain sums available to the Fund for specified purposes. Requires the Director to hold the Fund and report annually to the Congress on its financial condition, the results of its operations, and its expected condition and operations. Provides for repayment of such loans. Requires the Director to develop and implement a procedure for computing repayment percentage options for each borrower, taking specified factors into consideration. Sets various limits on such repayments based on the individual's gross income. Limits the maximum repayment period to 25 years, with individuals given the option of selecting a 15-, 20-, or 25-year repayment period. Requires development of a buyout procedure, including interest and a prepayment penalty. Requires the Director to: (1) provide each borrower with the option to select a repayment status with a repayment percentage determined in accordance with specified procedures and factors; and (2) transmit such information along with the borrower's taxpayer identification number to the borrower and to the Secretary of the Treasury by January 1 of each calendar year. Requires repayment status to commence at the start of the first taxable year following either the date of the loan or the date of graduation, but in no event later than the sixth taxable year after the date of the loan. Authorizes the Director, however, to establish special repayment rules for individuals in categories of special consideration. Makes proprietary trade schools ineligible for the Self-Reliance Scholarship program. Makes eligible for such scholarships any student who is a U.S. citizen of age 17 through 50. Amends the Internal Revenue Code to establish the education loan repayment tax, to be imposed upon individuals certified by the Director in an amount equal to the repayment percentage of the taxpayer's adjusted gross income for the taxable year. Sets forth minimum and maximum adjusted gross income amounts. Sets forth requirements for joint returns. Establishes a surtax on individuals with taxable incomes over $1,000,000. Imposes such surtax on income tax at a specified rate in certain cases, and on the tentative minimum tax at a specified rate in certain cases. Makes special rules for a surtax on estate and trusts and for treatment of married individuals filing separate returns. Amends the Department of Education Organization Act to establish the Office of Self-Reliance Scholarships, to be administered by the Director who is responsible for overseeing this Act. Directs the President of the National Academy of Sciences to study and report to specified congressional committees on the impact of higher education tuition rate increases on students and families, along with recommendations for cost containment measures. Authorizes appropriations.
Bill· SS. 2512 (102nd)open
United States · United States Congress · 1 April 1992
Authorizes the Secretary of Veterans Affairs to make loans to nonprofit organizations, States, and political subdivisions to finance the purchase of property for housing assistance for homeless veterans. Outlines loan conditions and requirements. Directs the Secretary to ensure that the terms and conditions are similar to those applied to housing and small business loans under applicable Federal provisions. Authorizes the Secretary to limit the number and amount of loans under this Act. Directs the Secretary to make available as housing for homeless veterans and their families during each fiscal year at least ten percent of the total properties in possession of the Secretary at the beginning of such fiscal year as a result of a default on a housing loan made, guaranteed, or insured through the Department of Veterans Affairs. Directs the Secretary to lease such properties to nonprofit organizations and State or local governments whose applications are approved. Directs the Secretary to collect from each approved entity a nominal rental charge for the property. Directs an approved entity to use such property solely for the provision of housing for homeless veterans and their families and to collect rent from occupants in an amount which may not exceed the costs incurred by the entity in operating and maintaining the property. Requires such entity to utilize the services of homeless veterans in maintaining, operating, and renovating the property. Prohibits the Secretary from making any properties available for such acquisition after FY 1997. Authorizes the Secretary to lease to a representative of the homeless for a term in excess of three years any real property for which an application has been approved by the Secretary of Health and Human Services under appropriate provisions of the Stewart B. McKinney Homeless Assistance Act. Requires such representative to use the property for the provision of services to homeless veterans and their families. Amends such Act to authorize appropriations through FY 1995 for a project aimed at reintegrating homeless veterans into the labor force.
Bill· SS. 2505 (102nd)open
United States · United States Congress · 1 April 1992
America the Beautiful Passport Act of 1992 - Title I: Recreation Admission Fees and Use Fees - Amends the Water Conservation Fund Act of 1965 to repeal provisions mandating charges for entrance or admission fees only at designated units of the National Park System or National Recreation Areas administered by the Departments of the Interior or of Agriculture (Departments). Authorizes the Secretaries of the Departments (Secretaries) to charge admission fees at any land and water area which they administer and designate for such charges. Limits the Secretary of Agriculture's authority to charge admission fees to only National Recreation Areas, National Monuments, National Volcanic Monuments, National Scenic Areas, and developed recreation complexes within the National Forest System. Replaces an annual admission permit known as the Golden Eagle Passport with an America the Beautiful Passport for admission into any such designated area. Requires the Secretary of the Interior, with the advice and consent of the Secretary of Agriculture, to set a $30 fee for such permit in lieu of the maximum $25 fee. Authorizes them to change such fee upon the recommendation of the Federal Recreation Fee Advisory Commission. Releases the holder of a permit under this Act from additional fees charged for specified Federal recreation areas, except for overnight camping fees or the use of group facilities. (Currently, a permit holder is prohibited from using the permit for such fees.) Repeals provisions that authorize the Secretary of the Interior to make an annual admission permit available for a reasonable fee for admission into specific designated units of the National Park System. Authorizes the Secretaries to make a $15 12-month admission permit available as an America the Beautiful Passport to only designated units in a particular geographic area. Authorizes the Secretary of the Interior, with the advice and consent of the Secretary of Agriculture, to permit State or local government units, individuals, organizations, businesses, or nonprofit entities to sell and collect fees for the America the Beautiful Passport for a maximum 12-month period and to withhold reasonable amounts up to, but not exceeding, ten percent of the gross fees collected from such sales as reimbursement for necessary expenses. Requires the sellers to provide information to America the Beautiful Passport purchasers about recreation activities on Federal lands. Requires all net receipts from the sales of permits under this Act to be deposited into a special account in the Treasury to be available at the end of each fiscal year for appropriation to any agency collecting fees under this Act to fund the agency's share of challenge cost-share agreements negotiated and implemented pursuant to this Act. Establishes the Federal Recreation Fee Advisory Commission to prepare biannually an advisory report for the Secretaries regarding the admission fee system, including: (1) the fee charged for the America the Beautiful Passport; (2) the designation of sites where admission fees are collected; (3) the amount of fees at designated and proposed sites; (4) whether the Passport should waive existing recreation fees; and (5) recommendations on projects to fund under challenge cost-share agreements. Authorizes the Secretaries to provide essential support staff and services to the Commission, upon request. Terminates the Commission upon its fourth biannual report to the Secretaries. Defines "developed recreation complexes" as areas administered by the Secretary of Agriculture (Secretary). Authorizes the Secretary, under certain conditions, to charge an admission fee at other developed recreation complexes within the National Forest System in addition to those listed in this Act after providing notice to specified congressional committees. Authorizes the Secretary of the Interior, with the advice and consent of the Secretary of Agriculture, to change such fees upon the recommendation of the Commission. Provides that no admission fee may be charged under this Act of any person less than 16 years of age. (Currently, such fee is prohibited at a unit of a National Park System for admission of any person 16 years of age or less.) Repeals limitations on admission fees for single visits at the following parks: (1) Yellowstone National Park; (2) Grand Teton National Park; and (3) Grand Canyon National Park. Requires America the Beautiful Passport receipts and recreation use fees collected by the Secretary: (1) to be collected at the place of use or other location convenient to the user and the collector; and (2) not to be subject to a requirement that ten percent be earmarked for road construction and maintenance in national forests. Title II: Challenge Cost-Share Agreements - Authorizes the Secretaries to negotiate and enter into challenge cost-share agreements with cooperators to share costs or services in carrying out functions of land management agencies administered by the Secretaries. Authorizes the Secretaries to provide the Federal funding share from any funds available to such land management agencies.
Bill· HRH.R. 4722 (102nd)open
United States · United States Congress · 1 April 1992
Marine and Coastal Environment and Global Climate Protection Act of 1992 - Title I: Ocean and Coastal Resources Management and Development Block Grants - Ocean and Coastal Resources Management and Development Block Grant Act - Establishes the Ocean and Coastal Resources Management and Development Fund. Directs the Secretary of Commerce (the Secretary) to provide to each State from amounts paid into such Fund a national ocean and coastal resources management and development block grant to ameliorate any adverse impacts resulting from activities of coastal-related energy facilities. Prescribes eligibility and implementation guidelines. Precludes a block grant from being paid to a State unless it has established a trust fund to receive it. Prescribes procedural guidelines under which recipient States must allocate their respective block grants among local governments. Requires a recipient State to submit to the Secretary a financial audit of its block grant trust fund for each fiscal year in which it receives such grant. Sets forth procedural guidelines for the withholding of a State's future block grant if the Secretary determines that block grant funds have been misused. Directs the Secretary to promulgate regulations to implement this Act. Title II: Global Climate Change Response Fund - Directs the Secretary of the Treasury to establish the Global Climate Change Response Fund. Requires the Secretary of the Interior to deposit into the Fund ten percent of all royalties received (after enactment of this Act) under the Outer Continental Shelf Lands Act. Terminates authority to make such contributions on October 1, 2003. Mandates that Fund monies be used by the President to make annual contributions to any agreed-upon financial mechanism provided for in the Framework Convention on Climate Change. Title III: Revisions to the Outer Continental Shelf Program - Prohibits oil and gas lease sales in certain Outer Continental Shelf planning areas unless the Secretary of the Interior determines that: (1) adequate scientific and technical information is available regarding specified aspects of such planning areas; and (2) development of such areas is needed to meet domestic economic energy needs. Declares moratoria on preleasing activities and lease sales, and imposes restrictions and requirements upon: (1) the Mid-Atlantic Planning Area; (2) the South Atlantic Planning Area; (3) the Straits of Florida Planning Area; (4) the Eastern Gulf of Mexico Planning Area; (5) Southern California, Central California, and Northern California Planning Areas; (6) Washington-Oregon Planning Area; and (7) North Aleutian Basin Planning Area. Provides for exceptions to such proscribed lease sales upon request of the affected State (unless the Governor of another affected State objects to such leasing). Title IV: Environmental Studies Program - Amends the Outer Continental Shelf Lands Act to require the Secretary of the Interior to include within a statutorily mandated environmental assessment study of the Outer Continental Shelf and coastal areas affected by its oil and gas development, an assessment of the adequacy of available physical oceanographic, ecological and socioeconomic information. Mandates completion of such study, subject to peer review by at least three qualified scientists at least two of whom shall not be employed by the Federal Government, and publication, not later than 180 days before the date on which the lease sale is held. Authorizes appropriations. Title V: Miscellaneous - Makes conforming amendments to the Outer Continental Shelf Lands Act regarding lease cancellations to reflect the changes made by this Act. Directs the Secretary of the Interior to promulgate lease cancellation regulations which state that compensation for lease cancellation may be made in the form of cash, or credit against rent or royalty payments that would otherwise be paid to the Federal Government, or a combination of cash with such credit.
Bill· HRH.R. 4736 (102nd)open
United States · United States Congress · 1 April 1992
Taxpayer's Right to View Act of 1992 - Amends the Communications Act of 1934 to prohibit a cable operator from assessing separate charges for any video programming of a sporting, theatrical, or other entertainment event if that event is performed at a facility constructed, renovated, or maintained with tax revenues or by an organization that receives public financial support. Authorizes the Federal Communications Commission and local franchising authorities to make determinations concerning the applicability of such prohibition. Sets forth conditions under which a facility is considered to have been constructed, maintained, or renovated with tax revenues. Considers events performed by nonprofit or public organizations that receive tax subsidies to be subject to this Act if the event is sponsored by, or includes the participation of a team that is part of, a tax exempt organization.
Bill· HRH.R. 4741 (102nd)open
United States · United States Congress · 1 April 1992
Small Issue Bond Inflation Adjustment Act of 1992 - Amends the Internal Revenue Code to increase (from $10,000,000 to $20,000,000) the amount of tax-exempt qualified small issue bonds permitted for facilities to be used by related principal users. Provides an inflation adjustment for such increased amount after 1992.
Bill· HRH.R. 4730 (102nd)referred
United States · United States Congress · 1 April 1992
Defense Industrial Diversification and Community Assistance Act of 1992 - Title I: Industrial Diversification Study - Directs the Secretary of Commerce, in consultation with the Administrator of the Small Business Administration (SBA), the Secretary of Defense, and the Director of the Defense Advanced Research Projects Agency (DARPA), to study the extent to which diversification of defense industries to non-defense production can be effectuated. Requires a report from the Secretary of Commerce on the study's results. Authorizes appropriations. Title II: Presidential Council on Economic Diversification and Adjustment - Establishes in the Executive Office of the President the Council on Economic Diversification and Adjustment, co-chaired by the Secretaries of Commerce and Labor, and the Office of Economic Diversification and Adjustment. Outlines Council duties, including the identification of defense-related impact problems of States, metropolitan areas, or communities requiring assistance, the dissemination of aid and assistance information, and the development of strategies and plans for Federal, State, and local economic adjustment efforts necessitated as the result of the termination or reduction of a defense contract or the closure or realignment of a defense facility which substantially adversely affects the local community involved. Requires the Council to prepare and distribute an economic diversification and adjustment handbook containing explanations, outlines, information, and directories concerning the economic diversification required for workers in a community as the result of curtailment of defense production. Requires the Secretary of Defense to notify the Council at least one year in advance of a pending or proposed change in defense spending that would affect local employment in the defense industry. Requires the Council to submit an annual report to the Congress on the required economic diversification and adjustment for the previous year. Authorizes appropriations. Title III: Industrial Diversification Accounts; Alternative Defense Investment Tax Credit - Amends the Internal Revenue Code to allow any qualified defense facility to establish an industrial diversification account for the purpose of providing qualified plant and equipment in the United States or the retraining of employees in order to diversify qualified defense facilities from predominately relying on defense contracts to nondefense lines of business. Restricts deposits to such accounts to the average of the sum of: (1) depreciation allowances with respect to eligible plant and equipment; (2) net proceeds from the sale or other disposition of such plant and equipment, or insurance or indemnity attributable to such plant and equipment; and (3) receipts from investment of amounts in such accounts. Allows deposits to such accounts during the five-year period after its establishment. Restricts deposits after the fifth taxable year to receipts from investments. Provides for the nontaxability of earnings deposited into such accounts. Allows withdrawals over a ten-year period for: (1) acquisition, construction, or reconstruction of qualified plant and equipment; (2) the payment of principal on indebtedness incurred in connection with plant and equipment acquisition, construction, or reconstruction; or (3) the retraining or continued education of employees. Provides for taxation of nonqualified withdrawals. Requires the Secretary of the Treasury to report to the Secretary of Defense annually on such accounts. Provides for computing the alternative minimum tax on earnings deposited in such accounts. Allows an eligible corporation which does not have an industrial diversification account an industrial diversification credit as an alternative investment tax credit. Declares the industrial diversification credit to be equal to 20 percent of the amount paid or incurred for a purpose for which a qualified withdrawal would be permitted from an industrial diversification account if the corporation had such an account. Title IV: Small Business Diversification - Establishes in the SBA a Committee on Defense and Economic Diversification and an Office of Economic Diversification. Directs the Committee to: (1) carry out programs under title V of this Act; (2) identify defense-related problems of small businesses that require assistance; (3) disseminate information useful to small business concerns; (4) prepare a plan for coordinating the efforts of the SBA and the Administration's programs for assisting firms adversely affected by defense cutbacks; and (5) work with and coordinate efforts with the President's Office of Economic Diversification and Adjustment to assist small businesses in finding alternative procurement opportunities with Federal agencies. Authorizes appropriations. Title V: Small Business Assistance - Empowers the Administrator of the SBA to make either loans or grants to a qualified small manufacturing firm to assist such firm to diversify from defense-related to nondefense-related business. Outlines loan and grant limits, conditions, and specific purposes. Directs the Administrator to promulgate regulations to carry out this title. Authorizes appropriations. Title VI: Economic Adjustment Assistance for Employees - Requires all displacements of workers employed by a defense agency, or of civilian workers employed by the armed services, to be reported by the management of the defense facility to the Office of Economic Diversification and Adjustment and to the State employment security agency acting as the agent of the Secretary of Labor for the administration of the program under this title. Requires the Office to certify eligibility of displaced workers under this title for benefits. Amends the Job Training Partnership Act to decrease from 80 to 75 percent the portion of funds available under such Act for job training and retraining that are to be divided among the States. Increases from 20 to 25 percent of such amount the funds that are to be set aside for special grants to substates for special employment problems (intending displaced worker assistance under this Act to qualify as one such special problem). Directs the Secretary of Labor, in coordination with the Council, to develop statistical data on the permanent dislocation of defense workers due to reductions in defense expenditures, termination or reduction of defense contracts, or the closure or realignment of defense facilities. Requires the Secretary to publish a report after compilation of such data. Amends the Internal Revenue Code to exempt from individual retirement accounts early withdrawal penalties any withdrawals made by dislocated workers and used for either mortgage payments on a primary residence or rent payments for one year following the worker's layoff. Title VII: Community Economic Adjustment Planning - Requires the Secretary of Defense, upon release of the President's budget or any announcement of the realignment or closure of a qualified defense facility, to promptly notify any State or local government affected by the realignment, closure, or contract slowdown or termination which is being proposed or will likely result. Makes eligible for economic adjustment planning assistance any community which: (1) is likely to be substantially and seriously affected by the realignment or closure of a defense facility, or the slowdown, termination, or cancellation of any defense contract; and (2) prepares an analysis and forecast of the effect of any such action on the local economy and workforce as well as a proposal for an economic adjustment plan to reduce the adverse effect of any such action. Requires the Council to review the analyses, forecasts, and proposals submitted. Requires the Council to: (1) publish a list annually of the communities eligible for economic adjustment planning assistance after review of such documentation; and (2) allow a community which failed in such termination to petition the Council for review of such determination for inclusion on such list. Provides that any community found eligible for such assistance by the Council shall be eligible for community planning assistance offered by the Secretary of Defense under specified Federal armed forces provisions. Provides that any substantially and seriously affected community shall also be eligible for economic adjustment assistance authorized under title IX of the Public Works and Economic Development Act of 1965. Title VIII: Commercial and Defense Production Integration - Establishes within DOD the Office of Commercial and Defense Production Integration to develop and implement policies, practices, and procedures designed to achieve an effective integration of commercial production processes and defense procurement practices. Attempts to accomplish such integration by increasing the use of commercial products in defense procurement, lowering unit costs in defense production through streamlining acquisition procedures, encouraging integrated processes for manufacturing civilian and defense products, and encouraging research and development of products having both civilian and military applications. Calls for the elimination of unique military specifications in the procurement of defense products and the identification of commercial suppliers that have exhibited high standards of product quality and reliability in commercial or defense production. Requires the Office to assist the Under Secretary of Defense for Acquisition in the acquisition and increased usage of nondevelopmental items in defense procurement (items that are generally available in the commercial marketplace). Directs the Secretary of Defense, acting through the Office, to conduct not less than three projects to demonstrate the feasibility of achieving effective integration of commercial production processes and military procurement practices. Requires the Secretary to notify the Congress at least 30 days in advance of the commencement of each such project, and requires project reports. Title IX: Commission on Military Budget Reform - Establishes the Commission on Military Budget Reform to conduct a study of the desirability and feasibility of the Congress instituting a three-year budget cycle program for DOD. Requires the Commission, in carrying out such study, to consider: (1) the advantages and disadvantages of the three-year budget program; (2) the likely savings from the program; (3) the effects of the program on other activities and programs of DOD, on short- and long-range national security planning, and on foreign military sales; (4) the favorable and adverse effects that multiyear defense budgets have had on the defense budget processes of foreign nations that have adopted such programs; and (5) alternative means of carrying out such a program. Requires a findings report from the Commission to the Secretary and the Congress. Provides powers of the Commission as well as other administrative provisions. Terminates the Commission 30 days after its report. Authorizes appropriations.
Bill· HRH.R. 4724 (102nd)referred
United States · United States Congress · 1 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 February 1, 1992, and before January 1, 1993, or for which a binding contract is entered into during such period.
Bill· HRH.R. 4727 (102nd)open
United States · United States Congress · 1 April 1992
Unemployment Compensation Amendments of 1992 - Title I: Extension of Emergency Unemployment Compensation Program - Amends the Emergency Unemployment Compensation Act of 1992 (Public Law 102-164, as amended) to extend the emergency unemployment compensation (EUC) program. Changes the EUC program termination date (currently July 4, 1992) to the earliest of: (1) April 1, 1993; (2) the first day of the third month after the first month (after June 1992) for which the applicable unemployment rate is less than six and one-half percent; or (3) the first day of the first month (after June 1992) for which the applicable unemployment rate is less than six percent. Makes the applicable unemployment rate for any month, for such purposes, the average rate (seasonally adjusted) of total unemployment in all States for the most recent three calendar months for which data are published before the beginning of such month. Provides for reduction of benefits during periods after December 31, 1992. Modifies EUC eligibility requirements to: (1) make a 20-week work requirement inapplicable; (2) provide that an individual is not ineligible by reason of subsequent entitlement to regular benefits; and (3) provide certain transition rules, including a waiver of recovery of certain overpayments and an option to defer rights to certain regular benefits. Title II: Modifications to Extended Benefits Program - Amends the Federal-State Extended Unemployment Compensation Act of 1970 to modify trigger provisions for the extended benefits (EB) program. Provides for an EB State "on" indicator for a month if the average rate of total unemployment (seasonally adjusted) for the most recent three months for which data are published before the close of such month is: (1) six percent or more; and (2) 110 percent or more of such average rate for either (or both) of the corresponding three-month periods ending in the two preceding calendar years. (Current law uses the State insured unemployment rate, rather than the State total unemployment rate, in the trigger formula.) Provides for additional weeks of EB program benefits during high unemployment periods (when the trigger period average rate of total unemployment is eight percent or more). Repeals certain special eligibility requirements under the EB program. Increases the amount of Federal reimbursement under the EB program. Makes these amendments to the EB program effective on October 1, 1993, with certain exceptions. Title III: Modifications to Federal Unemployment Tax - Amends the Internal Revenue Code to modify the Federal unemployment tax rate. Allows elective withholding of Federal, State, or local income taxes from unemployment compensation (under the Internal Revenue Code and the Social Security Act). Title IV: Reemployment Assistance Programs - Amends the Internal Revenue Code to allow an additional credit against the Federal unemployment tax for taxpayers in States with reemployment assistance programs. Title V: Modification to Regular State Unemployment Compensation Programs - Amends the Internal Revenue Code to modify the base period under regular State unemployment compensation programs. Provides for treatment of short-time compensation programs which provide partial unemployment benefits to individuals whose workweeks have been reduced by at least ten percent. Allows State laws to provide for unemployment compensation funds to be withdrawn for the payment of such short-time compensation under a plan approved by the Secretary of Labor. 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 these short-time compensation program provisions. Prohibits State laws from denying unemployment compensation to any individual by reason of the circumstances under which such individual separated from employment by any employer unless it was the individual's most recent separation from employment. Requires each employer covered under a State unemployment compensation law to: (1) post statements (prescribed by the State agency) regarding benefit rights and other matters in places readily accessible to employees; and (2) furnish to each terminated employee written statements (provided by the State agency) regarding claims for compensation. Title VI: Financing Provisions - Amends the Internal Revenue Code to extend by two years, through December 31, 1997, the following income tax provisions affecting high income taxpayers: (1) an overall limitation on itemized deductions; and (2) a phaseout of personal exemptions. Amends the Social Security Act to provide for transfer of revenues from income taxes on unemployment benefits to the Unemployment Trust Fund. Bases such transfers on estimates of benefit payments. Sets forth a transition rule requiring the Secretary of the Treasury, by the end of FY 1992, to transfer from the general fund of the Treasury to the Unemployment Trust Fund, for credit to the extended unemployment compensation account, an amount equal to that which would have been appropriated to the Unemployment Trust Fund for months beginning on or before enactment of this Act if such transfer amendments had been in effect for all months after December 31, 1990. Revises provisions for Federal unemployment accounts. Modifies provisions for the extended unemployment compensation account with respect to transfers, and increases the ceiling on such account. Reduces the ceiling on the Federal unemployment account. Provides for borrowing among the employment security administration account, the Federal unemployment account, and the extended unemployment compensation account. Amends specified Federal law relating to civil service employment to provide that if any Federal agency does not deposit a required amount in the Federal Employees Compensation Account for unemployment benefits within 30 days after notification by the Secretary of Labor, the Secretary of Labor shall notify the Secretary of the Treasury of such failure and that Secretary shall transfer such amount to such Account from amounts otherwise appropriated to such Federal agency. Title VII: Budgetary Treatment - Amends the Social Security Act to exclude the Unemployment Trust Fund (the Fund) from the unified budget, thus giving the Fund "off-budget" status (except amounts required to be deposited in the Federal Employees Compensation Account). Reduces certain discretionary spending limits for FY 1993 through 1995. Modifies certain maximum deficit amounts to provide for a decrease in FY 1993 and an increase in FY 1994 and 1995. Makes conforming amendments to the Congressional Budget Act of 1974 and the Balanced Budget and Emergency Deficit Control Act of 1985 (BBEDCA) (Gramm-Rudman-Hollings Act). Provides that any amount of new budget authority, outlays, or receipts resulting from this Act shall not be considered for any purpose under BBEDCA.
Resolution· HRESH.Res. 414 (102nd)referred
United States · United States Congress · 1 April 1992
Amends rule XIX of the Rules of the House of Representatives to make it not in order to consider any measure appropriating amounts for official mail costs of the House for any fiscal year in excess of one-half of the amount appropriated for FY 1992, adjusted for inflation as measured by the Consumer Price Index for All Urban Consumers.
Bill· SS. 2501 (102nd)referred
United States · United States Congress · 31 March 1992
Authorizes appropriations to the Department of the Army out of the Harbor Maintenance Trust Fund (Harbor Fund), to be used by the Department of the Army, for expenses of the Departments of the Army, Treasury, and Commerce in administering provisions of the Internal Revenue Code imposing an excise tax on any port use. Amends the Internal Revenue Code to make amounts in the Harbor Fund available to carry out specified provisions of the Water Resources Development Act of 1986, as amended by the Water Resources Development Act of 1990 (currently, as in effect on the date of establishment of the Harbor Fund). Removes provisions making amounts in the Harbor Fund available for administrative expenses for periods during which no fee applies under provisions of the Consolidated Omnibus Budget Reconciliation Act of 1985 relating to certain ad valorem customs duties on merchandise. Amends the Water Resources Development Act of 1986 to: (1) repeal provisions authorizing appropriations from such ad valorem duties; and (2) require that one-half of the costs of rehabilitation of any project for navigation on U.S. inland and coastal waterways be paid only from the general fund of the Treasury, with the other half paid only from the Inland Waterways Trust Fund (Waterways Fund). Amends the Internal Revenue Code to allow not more than one-half of the cost of any construction or rehabilitation (currently, of any construction) under specified provisions of the Water Resources Development Act of 1986, including provisions added by this Act relating to inland and coastal waterways, to be paid from the Waterways Fund.
Bill· SS. 2503 (102nd)referred
United States · United States Congress · 31 March 1992
Amends the Foreign Relations Authorization Act, Fiscal Years 1992 and 1993 to authorize additional funding (to be transferred from a specified Department of Defense account) for international peacekeeping activities. Provides that such funds shall not be counted as new budget authority or outlays for FY 1993 under spending limitations of the Congressional Budget Act of 1974.
Resolution· SCONRESS.Con.Res. 104 (102nd)open
United States · United States Congress · 31 March 1992
Establishes the congressional budget for FY 1993, and sets forth appropriate budgetary levels for FY 1994 through 1997. Sets forth recommended budgetary levels of Federal revenues, new budget authority, budget outlays, deficits, public debt, and credit activity. Sets forth the amounts of increase in the public debt subject to limitation and revenues and outlays of the Social Security trust funds for FY 1993 through 1997. Specifies the funding of major functional categories. Expresses the sense of the Congress that the Congress should not enact major reductions in the Social Security revenues unless the current actuarial estimates of the Social Security Trust Funds over the next 75 years indicates the Trust Funds are actuarially sound. Allows an increase in budget authority and outlays to be allocated to a committee when another committee of the Senate or a committee of conference have reported legislation that will, if enacted, reduce budget authority and outlays in an equal amount or an amount that exceeds the increase of such allocation. Provides for revising allocations and reporting them. Allows a reduction in revenue aggregates for legislation that would result in a reduction in revenues due to provisions relating to certain tax incentives, if such legislation would, if enacted, reduce outlays in an amount that is equal to or exceeds the reduction in the revenue aggregates for FY 1993 and FY 1993 through 1997. Provides that, for purposes of certain allocations and points of order under the Congressional Budget and Impoundment Control Act of 1974, if a committee exceeds its spending allocation, no direct spending reductions shall be scored with respect to the level of budget authority or outlays under such Act for any provision of legislation that would increase direct spending unless such legislation would, if enacted, bring the committee within its spending allocation. Expresses the sense of the Congress that legislation should be enacted that: (1) would, beginning with FY 1994, phase in a cap by FY 1997 on the growth in mandatory spending for all programs except Social Security at a level that allows for beneficiary and inflation growth; (2) requires mandatory funding levels in the President's budget and the congressional budget resolution not to exceed the mandatory cap; and (3) provides a mechanism to reduce the growth in spending for mandatory programs except Social Security if such mandatory spending exceeds the cap. Expresses the sense of the Congress that the Budget Enforcement Act should be extended, including extension of: (1) individual caps on defense and nondefense spending; (2) pay-as-you-go discipline for mandatory programs; (3) maximum deficit amounts; (4) supermajority points of order enforcement mechanisms; and (5) sequester mechanisms to enforce the discretionary spending caps, pay-as-you-go discipline, and the maximum deficit amounts.
Bill· HRH.R. 4718 (102nd)open
United States · United States Congress · 31 March 1992
New Columbia Admission Act - Declares the State of New Columbia (presently, the District of Columbia) to be a State of the United States of America. Admits New Columbia into the Union on an equal footing with the other States in all respects. Reserves Federal title to certain lands and property, the National Capital Service Area. Directs the Governor to report to the Congress, within seven months before the beginning of each fiscal year, on the effects of the revenues and expenditures of the State by the presence of the Federal Government's seat within or adjacent to it. Requires the report to contain information on services rendered to the Federal Government, potential revenues lost because of the presence of the Federal Government, and potential revenues gained because of the presence of the Federal Government. Prohibits the State from changing any provision of its Constitution concerning height limitations on buildings without the consent of the Congress. Declares that nothing in this Act or the Constitution or laws of the State may be construed to permit it to refuse to allow an individual to serve as a qualified registered elector of the State solely because the individual resides in the National Capital Service Area. Sets forth election protocol for popular ratification of statehood. Provides for election of one member of the House of Representatives as well as two Senators. Maintains the laws that were territorially in effect. Continues any law suits already pending in District of Columbia courts. Establishes a Statehood Transition Commission.
Bill· HRH.R. 4712 (102nd)open
United States · United States Congress · 31 March 1992
Child Abuse Programs, Adoption Opportunities, and Family Violence Prevention Amendments Act of 1992 - Title I: Child Abuse Prevention and Treatment Act - Subtitle A: General Provisions - Amends the Child Abuse Prevention and Treatment Act (the Act, for purposes of this title) to set forth findings with respect to prevention and treatment of child abuse and neglect. Subtitle B: General Program - Revises title I (General Program) provisions of the Act for the Advisory Board on Child Abuse and Neglect (the Board). Requires the Board, within 24 months after enactment of this Act, to submit to the Secretary of Health and Human Services (HHS) and the appropriate congressional committees a report containing the Board's recommendations with respect to: (1) a national policy to reduce and ultimately prevent child and youth maltreatment-related deaths, detailing appropriate roles and responsibilities for State and local governments and the private sector; (2) specific changes needed in Federal laws and programs to achieve an effective Federal role in implementing such policy; and (3) specific changes needed to improve national data collection with respect to such deaths. Authorizes appropriations for the Board for FY 1992 through 1995. Revises provisions for research and assistance activities of the National Center on Child Abuse and Neglect. Requires such research to include: (1) cultural distinctions relating to child abuse and neglect; (2) culturally sensitive procedures with respect to child abuse cases; and (3) the relationship of child abuse and neglect to cultural diversity. Requires that State child abuse and neglect reporting information, for purposes of such research, be: (1) universal and case specific, to the extent practical; and (2) integrated with other case-based foster care and adoption data collected by the Secretary. Requires that peer review panels, for such research grants and contracts, be composed of members who are: (1) experts in the field of child abuse and neglect or related disciplines, with appropriate expertise in the application to be reviewed; and (2) not officers or employees of the Office of Human Development. Requires such panels to meet as often as necessary, and not less than once a year. Requires such panels to make recommendations on application approval. Directs the Secretary to select projects to be awarded such grants and contracts from among those determined to have merit by such panels. Revises provisions for grants and contracts to public agencies and nonprofit private organizations for demonstration or service programs and projects. Requires all such demonstration projects to be evaluated for their effectiveness (with evaluation funding to be provided as a stated percentage of the grant or contract or as a separate grant or contract to evaluate a particular project or group of projects). Includes under discretionary grant training programs, projects to improve recruitment, selection, and training of volunteers. Revises provisions for development and operation grants to require the Secretary of HHS to make grants to States, based on relative population of children under age 18 in applicant States, for improving each such State's child protective service system in carrying out specified activities. (Replaces provisions which authorized the Secretary to make grants to States for developing, strengthening, and carrying out child abuse and neglect prevention and treatment programs.) Requires, as a condition for State eligibility for such grants, annual submission to the Secretary of a State program plan which specifies the child protective service system area or areas (from among the specified activities) that the State intends to address with such grant funds. Sets forth required plan contents with respect to the specified areas and activities of: (1) intake and screening; (2) investigation of reports; (3) case management and delivery of ongoing family services; (4) general system enhancement; and/or (5) innovative approaches for developing, strengthening, and carrying out child abuse and neglect prevention, treatment, and research programs (limits to 15 percent of such funds the amount that may be used for innovative approaches). Requires, with respect to some of such areas of activity, information on staffing, training, public education, response time, interagency coordination, legal representation, automation, assessment tools, and information and referral services. (Replaces provisions for waivers of State eligibility requirements.) Delays the effective date of such new requirements until the earlier of October 1, 1993, or October 1 of the first fiscal year for which a specified minimum amount is appropriated for: (1) grants to States for child abuse and neglect prevention and treatment programs (the development and operations grants); and (2) technical assistance to States for such programs. Extends through FY 1995 the authorization of appropriations for the emergency child abuse prevention services grant program. Revises provisions for grants to States for programs relating to the investigation and prosecution of child abuse cases to include cases of: (1) neglect; (2) sexual exploitation; and (3) suspected child abuse or neglect related fatalities. Requires annual reports on such grant expenditures. Revises requirements for State eligiblity and for State task forces. Extends through FY 1995 the authorization of appropriations for title I (General Program) of the Act (except the emergency grant program which has a separate authorization). Reserves one-third of such funds for: (1) the national clearinghouse for information relating to child abuse; (2) research and assistance activities of the Center; and (3) grants to public and private nonprofit entities for demonstration or service programs or projects (including grants for resource centers and discretionary grants). Reserves two-thirds of such funds for: (1) grants to States for child abuse and neglect prevention and treatment programs (development and operation grants); and (2) technical assistance to States for such programs. Subtitle C: Community-Based Prevention Grants - Revises and renames title II of the Act as Community-Based Child Abuse and Neglect Prevention Grants (currently, Grants with Respect to Encouraging States to Maintain Certain Funding Mechanisms). Provides for assisting States in supporting child abuse and neglect prevention activities through community-based child abuse and neglect prevention grants. Extends through FY 1995 the authorization of appropriations for such title II grants. Removes a cap on such authorization. Revises title II provisions relating to State eligibility for such grants to: (1) eliminate other funding mechanisms as alternatives to the State trust fund requirement; and (2) requires that the State establishment or maintenance of such trust fund include legislative provisions making funding available only for the broad range of child abuse and neglect prevention activities (current law specifies certain activities to be included). Revises limitations on title II grants. Revises the allotment formula for such grants for the State child abuse trust funds. Allots among eligible States the following percentages of the total appropriations for such grants: (1) 50 percent based on each State's number of children under age 18 (with a specified minimum allotment for each State); and (2) the remaining 50 percent in an amount equal to 25 percent of the total collected by each State in the prior fiscal year for the State trust fund. Requires, if total appropriations for such grants exceed a specified amount, that at least 50 percent of the grant amount to a State be used to support community-based prevention programs. Adds title II grant application demonstration requirements relating to: (1) coordination with other State and local programs; (2) outcome of services and activities funded; (3) supplementation of Federal assistance by State and local public and private sources; and (4) extent of use of funds to support community prevention activities in underserved areas (in which case the supplemental support requirement is waived for the first three years of assistance). Subtitle D: Certain Preventive Services Regarding Children of Homeless Families or Families at Risk of Homelessness - Extends through FY 1995 the authorization of appropriations for title III of the Act, the demonstration grants program to prevent inappropriate separation from the family and to prevent child abuse and neglect with respect to children whose families are homeless or at risk of being homeless. Subtitle E: Miscellaneous Provisions - Directs the Secretary of HHS, acting through the Director of the National Center on Child Abuse and Neglect, to report annually to appropriate congressional committees on measures being taken to assist States in implementing a voluntary reporting system for child abuse and neglect, including information on the extent of coordination of such State systems with the automated foster care and adoption reporting system required under specified provisions of the Social Security Act. Title II: Temporary Child Care for Children with Disabilities - Temporary Child Care for Children with Disabilities and Crisis Nurseries Act Amendments of 1992 - Amends the Temporary Child Care for Children with Disabilities and Crisis Nurseries Act of 1986 to extend through FY 1995 the authorization of appropriations for programs under such Act (including the programs of demonstration grants to States for: (1) temporary child care for disabled and chronically ill children; and (2) crisis nurseries for children who are abused and neglected, at risk of abuse and neglect, or in families receiving child protective services). Conforms the definition of children with disabilities under such Act with that under the Individuals with Disabilities Education Act. Title III: Reauthorization of Programs with Respect to Family Violence - Amends the Family Violence Prevention and Services Act (the Act, for purposes of this title) to expand its purpose to include: (1) assisting (currently demonstrating effectiveness of assisting) States to prevent family violence and provide shelter and assistance to victims and their dependents; (2) increasing public awareness about family violence; and (3) courts, legal, social service, and health care professionals among those to be provided with technical assistance relating to family violence programs. Changes the State demonstration grant program to a regular program of grants to States. Requires special emphasis on support of community-based projects of demonstrated effectiveness carried out by nonprofit private organizations, the primary purpose of which is to operate shelters for victims of family violence and their dependents, and those which provide counseling, advocacy (currently, alcohol and drug abuse treatment), and self-help services to victims and their children. Includes State domestic violence coalitions among the entities which are to be involved in State family violence programs under procedures required to be set forth in State applications for grants. Requires documentation that the State has implemented: (1) procedures for maintaining confidentiality of records; and (2) a law or procedure for the eviction of an abusing spouse from a shared household. Sets forth deadlines and procedures for: (1) notice of disapproval of a State application for a grant; (2) the State's period for correction of deficiencies before grant funds are withheld; and (3) State Domestic Violence Coalitions' challenges of determinations that a grantee is in compliance or eligible. Revises procedures for correction of application deficiencies (under provisions for noncompliance penalties). Requires that State domestic violence coalitions be permitted to participate within specified limits, in determining whether a grantee is in compliance with certain requirements. Revises provisions for grants to Indian tribes and tribal organizations to include nonprofit private organizations approved by an Indian tribe for the operation of a family violence shelter on a Reservation. Requires the Secretary of HHS to reserve for grants to Indian tribes at least ten percent of the appropriations for grants to States under the Act (current law authorizes the Secretary to make demonstration grants to Indian tribes). Allows eligible entities to submit applications for such grants regardless of whether they have previously applied for or received such funding. Repeals provisions for maximum ceilings on annual and total grants to a single entity. Revises provisions for the proportion of the local share of project funds under grants to entities other than States. Increases the portion of specified grant funds which must be used to provide immediate shelter and related assistance to victims of family violence and their dependents. Sets forth portions which must be used for certain related assistance and for family violence prevention services. Sets forth a definition of related assistance, including specified services. Increases the amount of the allotment of grant funds to States. Revises provisions for responsibilities of the Secretary of HHS under the Act, with respect to types of research to be provided. Requires a biennial evaluation and report by the Secretary of HHS to the appropriate congressional committees on the effectiveness of programs under the Act, including a summary of specified documentation provided by States. Directs the Secretary to award grants to private nonprofit organizations to establish and maintain: (1) one national resource center to offer resource, policy, and training assistance to various entities on issues pertaining to domestic violence, and to maintain a central resource library for information on family violence, its prevention, and the provision of shelter and assistance to victims; and (2) up to six special issue resource centers focusing on one or more issues of concern to domestic violence victims (including criminal justice response and court-mandated abuser treatment, child protective service agencies response to battered mothers and abused children, child custody issues, self-defense pleas by victims, interdisciplinary health care responses and access, access to and quality of legal representation for victims in civil litigation). Sets forth requirements for: (1) grant eligibility; (2) reporting; (3) regulations; and (4) funding. Extends through FY 1995 the authorization of appropriations for various programs under the Act, with specified reservations of funds for certain programs. Establishes a required program of grants for State domestic violence coalitions (coalitions). (Replaces provisions for law enforcement training and technical assistance grants and contracts.) Directs the Secretary of HHS to award grants for the funding of such coalitions. Requires such coalitions to further domestic violence intervention and prevention through activities including: (1) working with judicial and law enforcement agencies to encourage appropriate responses to domestic violence cases and examine specified types of issues; (2) working with family law judges, child protective services agencies, and children's advocates to develop appropriate responses to specified types of child custody and visitation issues in domestic violence cases and in combined domestic violence and child abuse cases; (3) conducting public education campaigns regarding domestic violence through various public information vehicles; and (4) participating in planning and monitoring of the distribution of grants and grant funds to their State under specified provisions of the Act. Sets forth a formula for allotment of funds for coalition grants. Prohibits use of such funds for lobbying. Sets forth reporting requirements. Authorizes appropriations for such coalition grants. Directs the Secretary of HHS to publish proposed and final regulations by specified deadlines for: (1) such coalition grants program; and (2) other specified provisions of the Act. Directs the Secretary to develop data on the number of victims of family violence and their dependents who are homeless or institutionalized as a result of the violence and abuse they have experienced (instead of data on the individual characteristics relating to family violence). Establishes a discretionary program of grants for public information campaigns. Authorizes the Secretary to make grants to public or private nonprofit entities to provide public information campaigns regarding domestic violence through the use of various public information vehicles. Sets forth requirements for grant applications, use of funds, and award criteria. Establishes a required program of demonstration grants for model State leadership for domestic violence intervention. Directs the Secretary of HHS, in cooperation with the Attorney General, to award grants to not more than ten States to assist them in becoming model demonstration States and in meeting the costs of improving State leadership concerning activities that will: (1) increase the number of prosecutions for domestic violence crimes; (2) encourage the reporting of incidences of domestic violence; and (3) facilitate arrests and aggressive prosecution policies. Sets forth requirements for designation as a model State, including having specified types of laws and policies in effect. Authorizes appropriations for FY 1992 through 1995 for such demonstration grants program. Limits the amount of such funds to any one State. Directs the Secretary of HHS to delegate responsibilities and transfer funds to the Attorney General for carrying out such demonstration grant program. Directs the Secretary of Education, in consultation with the Secretary of HHS, to develop model programs for education of young people about domestic violence and violence among intimate partners. Requires development, through grants or contracts, of three separate programs, one each for primary and middle schools, secondary schools, and institutions of higher education. Requires participation in program development by specified types of groups of experts and advocates. Directs the Secretary of Education to transmit the model programs, along with a plan and cost estimate for national distribution, to the relevant congressional committees for review. Authorizes appropriations for FY 1992 for such model programs development. Title IV: Reauthorization of Programs with Respect to Adoption - Amends the Child Abuse Prevention and Treatment and Adoption Reform Act of 1978 (the Act, for purposes of this title) to revise provisions for Adoption Opportunities, including congressional findings and declaration of purpose. Repeals provisions for model adoption legislation and procedures. Revises provisions for HHS information and service functions relating to adoption and foster care to: (1) add on-site technical assistance; (2) include salaries and travel costs in administrative expenses; and (3) require reports to the appropriate congressional committees (and available to the public) on activities under such Adoption Opportunities provisions of the Act. Directs the Secretary of HHS to: (1) conduct (directly or by grant or contract with public or private nonprofit organizations) ongoing and extensive recruitment efforts on a national level; (2) develop national public awareness efforts to unite children in need of adoption with appropriate adoptive parents; (3) establish a coordinated referral system of recruited families with appropriate State or regional adoption resources to serve families in a timely fashion; (4) provide for the operation of a National Resource Center for Special Needs Adoption; and (5) promote professional leadership training of minorities in the adoption field. Extends through FY 1995 the authorization of appropriations for specified programs under the Act.
Bill· HRH.R. 4713 (102nd)referred
United States · United States Congress · 31 March 1992
Repeals specified fees and tax increases contained in the Omnibus Budget Reconciliation Act of 1990.
Bill· HRH.R. 4715 (102nd)open
United States · United States Congress · 31 March 1992
Panama Canal Commission Authorization Act for Fiscal Year 1993 - Authorizes expenditures by the Panama Canal Commission for the operation, maintenance, and improvement of the Panama Canal. Authorizes use of a limited amount from the Panama Canal Revolving Fund for administrative expenses, limiting reception and representation expenses of the Board, Secretary, and Administrator of the Commission. Authorizes the purchase of passenger motor vehicles. Modifies requirements regarding the use of Commission funds for health care services for certain individuals.
Bill· HRH.R. 4707 (102nd)referred
United States · United States Congress · 31 March 1992
Amends the Internal Revenue Code to provide special rules with respect to the nonrecognition of gain for principal residences compulsorily or involuntarily converted as a result of a presidentially-declared disaster. Allows penalty-free distributions from individual retirement plans to repair, rehabilitate, or replace such converted property. Provides for determining the amount of casualty losses based on the reduction in the value of the property resulting from such disasters. Excepts casualty losses attributable to such disasters from the limitation of ten percent of adjusted gross income. Permits the carryback of losses to the second preceding year (currently, only the preceding year). Allows the mortgage interest deduction for one year after a disaster declaration. Allows the destruction of a residence as a result of such disaster to be treated as a sale for rollover of gain rules in lieu of the rules for involuntary conversions. Treats the destruction, theft, seizure, requisition, or condemnation of property as the sale of such property for purposes of the one-time exclusion of gain by individuals who have attained age 55. Provides that such taxpayers shall be treated as continuing to use a principal residence during the period they are unable to occupy the residence because of a presidentially-declared disaster. Provides for allocating lump-sum insurance payments received as a result of such disasters for purposes of determining gross income exclusion. Makes amendments under this Act applicable to presidential declarations made on or after September 1, 1991.
Law· HJRESH.J.Res. 456 (102nd)enacted
United States · United States Congress · 30 March 1992
Amends Federal law making further continuing appropriations to extend until September 30, 1992 (currently, March 31, 1992) the availability of funds for the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1992 (the Act). Declares that the current rate for operations for any project or activity under this joint resolution for foreign operations, export financing, and related programs shall be defined to be the amounts appropriated in FY 1991. Declares the rate for operations for specified expenses to be the amount included under the Act as passed by the House of Representatives on June 19, 1991. Specifies the rate for operations for certain other expenses. Eliminates specified earmarks, transfers, and ceilings under the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1991. Eliminates dire emergency supplemental earmarks, transfers, ceilings, and other terms and conditions under certain laws applicable to appropriations for foreign operations, export financing, and related programs. Specifies the applicability or inapplicability of certain authorities and conditions to specified continuing appropriations. Makes funds available for support for the economic and democratic development of the former Soviet Republics. Restricts the use of funds made available for military assistance to El Salvador for nonlethal military assistance only. Requires the transfer of funds to the Demobilization and Transition Fund (created to assist with the costs of monitoring a permanent settlement of the conflict in El Salvador). Specifies the further use for such funds, including law enforcement purposes. Makes funds available to support El Salvador's Truth Commission and its investigations and publicization through reports of its findings and recommendations of unsolved human rights cases. Directs the Secretary of State to transmit Commission reports to the appropriate congressional committees in a timely manner. Allows commitments to guarantee loans for foreign operations, export financing, and related programs under the Housing Guarantee Program Account. Continues the administration of justice program (for anti-narcotics efforts) under the Foreign Assistance Act of 1961 from funds under this resolution. Makes funds available for law enforcement in Panama, Bolivia, Colombia, and Peru. Amends the International Finance Corporation Act to authorize appropriations for the U.S. Governor of the International Finance Corporation to subscribe to additional shares of the Corporation's capital stock. Amends the Asian Development Bank Act to authorize appropriations for the U.S. Governor of the Asian Development Bank to subscribe to additional shares of the Bank's capital stock. Amends the African Development Fund Act to authorize appropriations for the U.S. Governor of the Fund to contribute to the sixth replenishment of Fund resources. Reduces each discretionary appropriation provided in this joint resolution for foreign operations, export financing, and related programs by a specified percentage. Appropriates additional funds (exempt from such reduction in appropriations) to the Department of State for FY 1992 for contributions for international peacekeeping activities.
Bill· SS. 2488 (102nd)referred
United States · United States Congress · 26 March 1992
Amends the Foreign Relations Authorization Act, Fiscal Years 1990 and 1991 to authorize the U.S. Information Agency (USIA) to enter into contracts for the construction of Voice of America facilities in Sri Lanka, Sao Tome, and Kuwait. Amends the United States Information and Educational Exchange Act of 1948 to permit funds authorized to be appropriated for any account of USIA in the Department of State and Related Agencies Appropriations Act, for the second fiscal year of any two-year authorization cycle, to be appropriated for the second fiscal year for any other USIA account. Prohibits amounts appropriated for the salaries and expenses and educational and cultural exchange programs accounts from exceeding by more than five percent (ten percent for any other account) the amount authorized to be appropriated for such accounts in a fiscal year.
Bill· HRH.R. 4690 (102nd)open
United States · United States Congress · 26 March 1992
Title I: Recreation Admission Fees and Use Fees - America the Beautiful Passport Act of 1991 - Amends the Water Conservation Fund Act of 1965 to repeal provisions mandating charges for entrance or admission fees only at designated units of the National Park System or National Recreation Areas administered by the Departments of the Interior or of Agriculture (Departments). Authorizes the Secretaries of such Departments (Secretaries) to charge admission fees at any land and water area which they administer and designate for such charges. Limits the Secretary of Agriculture's authority to charge admission fees to national recreation areas, national monuments, national volcanic monuments, national scenic areas, and developed recreation complexes within the National Forest System. Replaces an annual admission permit known as the Golden Eagle Passport with an America the Beautiful Passport for admission into any such designated area. Makes such passport valid for the 12-month period beginning in the month of sale (currently, only for the calendar year for which the fee is paid). Requires the Secretaries to set a $30 fee for such permit in lieu of the maximum $25 fee. Authorizes them to change the fee under specified conditions. Releases the holder of a permit under this Act from additional fees charged for specified Federal recreation areas, except for overnight camping fees or the use of group facilities. (Currently, a permit does not authorize uses for which additional fees are charged.) Revises provisions for specific geographic permits to authorize the Secretaries to make an admission permit available and valid for a 12-month period beginning in the month of sale for one or more designated areas in a particular geographic area. Conveys the privileges of, and subjects such permit to the same terms and conditions as, the America the Beautiful Passport (currently the Golden Eagle Passport), except that it shall be valid only for admission into the specific area or areas indicated at the time of purchase. Mandates a $15 fee for such permit under specified circumstances. (Currently, a maximum $15 fee is charged for such permit regardless of how many units of the park system are covered.) Requires funds collected from the sales of the permits to be allocated directly to those areas which collected them. Authorizes the Secretaries to permit State or local government units, organizations, businesses, and nonprofit entities to sell and collect fees for the America the Beautiful Passport for a maximum six-month period and to withhold reasonable amounts up to, but not exceeding, ten percent of the gross fees collected from such sales as reimbursement for necessary expenses. Requires the sellers to provide information to America the Beautiful Passport purchasers about recreation activities on Federal lands. Requires all net receipts from the sales of permits under this Act to be deposited into a special account in the Treasury to be available at the end of each fiscal year for appropriation to any agency collecting fees under this Act to fund the agency portion of challenge cost-share agreements. Establishes the Federal Recreation Fee Advisory Commission to prepare biannually an advisory report for the Secretaries regarding the admission fee system, including: (1) the fee charged for the America the Beautiful Passport; (2) the designation of sites where admission fees are collected; (3) the amount of fees at designated and proposed sites; and (4) whether the Passport should waive recreation fees. Terminates the Commission upon its fourth biannual report to the Secretaries. Names specified "developed recreation complexes." Authorizes the Secretary to charge an admission fee at other developed recreation complexes within the National Forest System in addition to those listed under this Act. Repeals specified fees for a single-visit permit at any designated area (allowing the administering Secretary, in his or her own discretion, to charge a reasonable admission fee). Authorizes the Secretary of the Interior, with the advice and consent of the Secretary of Agriculture, to change such fees upon the Commission's recommendation. Requires notification of specified congressional committees before any fee increase can go into effect. Limits Golden Age Passport general admission into any area to the holder and spouse (currently any other accompanying persons, especially children, are also included). Provides that no admission fee may be charged under this Act of any person less than 16 years of age (currently, 16 years of age or less). Repeals limitations on admission fees for single visits at the following parks: (1) Yellowstone National Park; (2) Grand Teton National Park; and (3) Grand Canyon National Park. Revises Federal agency authority to collect daily recreation use fees, limiting it to developed recreation sites such as campgrounds and picnic grounds which have been developed for public use, swimming sites, boat launch ramps, and managed parking lots. Authorizes an agency to issue a special recreation permit for backcountry overnight camping. Revises provisions that require Federal agencies to deposit fees collected under this Act into a special account in the Treasury to repeal the exception from such mandate for the U.S. Fish and Wildlife Service and the Tennessee Valley Authority. Requires the National Park Service as well as all agencies collecting such fees to make them available for resource management, visitor services, maintenance, and fee collection on lands and waters administered by such agency. Repeals provisions that: (1) allocate amounts covered into the special account for the National Park Service; and (2) establish the distribution formula for such allocations. Prescribes guidelines for the Secretary of Agriculture when collecting national forest system recreation use receipts.
Bill· HRH.R. 4670 (102nd)referred
United States · United States Congress · 26 March 1992
Rescinds certain budget authority proposed to be rescinded (R92-87) (study of tax law changes relating to residential ground lease financing, Hawaii Real Estate Commission) in a special message transmitted to the Congress by the President on March 20, 1992, in accordance with the Impoundment Control Act of 1974.
Bill· HRH.R. 4594 (102nd)referred
United States · United States Congress · 26 March 1992
BasiCare Health Access and Cost Control Act - Title I: Immediate Reforms - Subtitle A: Small Employer Health Insurance Market Reform - Regulates accident and health insurance issued to small employers (defined as having fewer than 51 employees) regarding: (1) price; (2) sales practices; (3) guaranteed issue; (4) core benefits (requiring the same benefits as title XVIII (Medicare) of the Social Security Act); (5) deductibles, out-of-pocket expenses, and copayments; and (6) preventive benefits for children under 23. Preempts inconsistent State and local laws. Regulates: (1) guaranteed eligibility; (2) limited exclusion of preexisting conditions; (3) guaranteed renewability; (4) waiting periods; and (5) rating requirements. Allows the Secretary of Health and Human Services to agree with a State to apply the standards set by that State's laws instead of these requirements, provided the core benefits and sales practices requirements are met. Amends the Internal Revenue Code (IRC) to prohibit tax deductions for the tax imposed by title II, subtitle E, of this Act on insurers offering plans that do not qualify as BasiCare plans. Subtitle B: Community Health Services Expansion - Amends the Public Health Service Act (PHSA) to establish a program of allotments to States for grants for community-based primary health services to low-income or medically underserved populations regarding infant mortality and referrals for the health management of infants and pregnant women. Links the amount of the allotment to population and need. Describes the services to be included. Earmarks for the allotments specified percentages of appropriations under certain provisions added by this Act. Mandates grants to federally qualified health centers (FQHCs) and other entities for providing access to services, as described in specified provisions of title XIX (Medicaid) of the Social Security Act, for medically underserved populations or in high impact areas not currently being served by a FQHC. Authorizes appropriations. Subtitle C: Expansion of Tax Incentives for Self-Employed Individuals - Amends the IRC to increase to 100 percent (currently 25 percent) the portion of health insurance costs self-employed individuals may deduct. Removes provisions ending the deduction on a specified date. Subtitle D: Expanding the Supply of Health Professionals in Rural Areas - Amends the PHSA to authorize appropriations to carry out provisions relating to the National Health Service Corps scholarship and loan repayment program. Earmarks certain portions to carry out provisions of this Act relating to FQHCs. Amends the IRC to allow a tax credit for service by a physician, physician assistant, or nurse practitioner who: (1) provides primary health services to individuals in a rural health professional shortage area; and (2) is not receiving a National Health Service Corps scholarship or loan repayment and is not fulfilling service obligations under such programs. Excludes National Health Service Corps loan repayments from gross income. Allows, with regard to elections to expense depreciable business assets, a higher aggregate cost to be taken into account for rural health care property in a rural health professional shortage area. Allows a deduction for a limited amount of the interest paid on medical education loans by an individual performing services under an agreement with an applicable rural community to perform professional services in the community. Authorizes use of the deduction in computing adjusted gross income. Subtitle E: Malpractice Reform - Part I: Definitions - Sets forth definitions for purposes of this subtitle. Part II: Tort Reform of Health Care Liability Actions - Declares that this part applies to any health care liability action brought in any Federal or State court. Limits the dollar amount of: (1) recovery by an individual and the individual's family members in a health care liability action, regardless of the number of providers or the number of actions; and (2) single payments which may be required. Requires offset for damages paid by a collateral source. Prohibits punitive damages from exceeding the sum of economic and non-economic damages. Regulates the award of attorney's fees and joint and several liability. Sets forth time limits on initiation of actions. Preempts State laws in certain circumstances. Subtitle F: Joint Ventures - Amends provisions of the National Cooperative Research Act of 1984 allowing, notwithstanding antitrust laws, certain cooperative research agreements to add references to joint health care provider ventures, defined as a group of activities by two or more hospitals for the provision or delivery of health care services. Title II: Long-Term Reforms - Subtitle A: Establishment of Commission and Advisory Board - Establishes the Commission on National Health Care Access and Reform and the National Advisory Board. Authorizes appropriations. Subtitle B: Reform and Standardization of Private Insurance - Requires the Commission to submit to the Congress a legislative proposal with specified elements, including: (1) a uniform national health benefits package (BasiCare); (2) a national health care insurance reform plan applicable to all carriers of health insurance in the United States; (3) self-insured plan requirements; and (4) a program to assist low-income individuals in the transfer from coverage under title XIX (Medicaid) of the Social Security Act to BasiCare coverage and financial assistance in obtaining BasiCare coverage. Sets forth the continuing duties and responsibilities of the Commission, including: (1) submission of a new legislative proposal annually for the next two years if the Congress does not approve the Commission's recommendation; (2) annual review and revision, subject to congressional recision, of benefits and premiums; (3) oversight of provider participation and billing; (4) oversight of the supplemental health insurance market; (5) submission to the Congress of plans for the long-term disposition of Medicaid benefits not covered or subsumed by BasiCare and assimilation of Medicare (title XVIII of the Social Security Act), the Civilian Health and Medical Program of the Uniformed Services (CHAMPUS) and the Federal employees' health benefits program into the BasiCare system; and (6) submission to the Congress of a legislative proposal for affordable and easy access to prescription drugs. Includes in BasiCare coverage basic hospitalization, basic outpatient services, prescription drugs, protection against catastrophic out-of-pocket costs, coverage against extraordinary long-term care costs, and coverage for preventive care. Requires each carrier to offer BasiCare. Preempts inconsistent State and local laws. Prohibits duplication, in whole or part, of BasiCare benefits. Prohibits discrimination based on health status, including preexisting conditions. Requires guaranteed issue, a minimum plan period, guaranteed renewability, and community-wide ratings. Applies these standards to reinsurance policies. Regulates premiums. Prohibits employment-related BasiCare plans from imposing waiting periods. Requires: (1) such plans to apply equally to employees of all income levels; and (2) total contributions for an employer for low-income employees to equal or exceed the total for other employees. Regulates self-insured plans. Mandates development of recommended managed care plan standards regarding benefits, coverage, and delivery systems. Establishes the Managed Care Advisory Committee. Preempts certain State laws regarding managed care plans. Subtitle C: Low-Income Assistance - Requires the Commission to provide for the termination of Medicaid program coverage which duplicates BasiCare. Terminates, after five years, any remaining Medicaid benefits. Mandates financial assistance, through a voucher system, to low-income individuals for BasiCare premiums, deductibles, and other cost-sharing. Subtitle D: Congressional Consideration of Commission Recommendation - Declares that these provisions are enacted as an exercise of the rulemaking power of the House of Representatives and the Senate with recognition of the right of either House to change the rules as any other rule of that House. Provides for the introduction and consideration of a joint resolution approving of the Commission's legislative proposal under subtitle B of this title. Subtitle E: Enforcement Provisions - Amends the Internal Revenue Code to remove provisions relating to a tax on any employer or employee organization that contributes to a group health plan or large group health plan that does not comply with certain Medicare provisions. Imposes a tax on: (1) insurers offering plans that do not qualify as BasiCare plans; (2) the failure of any service provider under a BasiCare plan to comply with specified provisions of this Act; and (3) the failure of any person to comply with provisions of this Act relating to employer responsibilities and self-insured plan requirements under this Act. Disallows personal exemptions unless the individual's BasiCare policy number is included in the individual's tax return. Subtitle F: Financial Provisions - Creates the BasiCare Trust Fund and transfers to the Fund: (1) a specified percentage of wages and self-employment income; (2) all of the taxes imposed by this Act; (3) additional revenues received as the result of amendments made by this Act; (4) the State's Medicaid share; and (5) all unobligated amounts in the Federal Hospital Insurance Trust Fund and the Federal Supplementary Medical Insurance Trust Fund. Appropriates to the Fund: (1) the Federal Medicaid share; and (2) amounts equal to appropriations for CHAMPUS and the Federal employees' health benefits program. Authorizes appropriations for additional sums as required to make expenditures under specified provisions of this act. Amends title II (Old-Age, Survivors and Disability Insurance) of the Social Security Act to exclude amounts under certain provisions of this Act from appropriation to the Federal Old-Age and Survivors Insurance Trust Fund. Amends the Internal Revenue Code to: (1) exclude from gross income employer-provided coverage under a BasiCare plan (currently, under an accident or health plan); (2) prohibit deductions for employer expenses for a group health plan unless the plan qualifies as a BasiCare plan; and (3) include amounts paid for a BasiCare plan (currently, for insurance) in the definition of "medical care" for provisions relating to medical and dental expenses. Title III: Containment of Prescription Drug Prices - Amends the Internal Revenue Code to require, in the case of any manufacturer of single source drugs or innovator multiple source drugs, a reduction in the Puerto Rico and possession tax credit according to a specified formula involving the amount of the manufacturer's wages paid to eligible employees in a U.S. possession, the sales of the drug, and price increases. Requires the Commission to report annually to the Congress regarding national and international drug policy issues.
Bill· HRH.R. 4591 (102nd)referred
United States · United States Congress · 26 March 1992
Community Works Progress Act of 1992 - Amends the Job Training Partnership Act (JTPA) to establish a new title VI, Community Works Progress and Youth Community Corps Programs. Establishes in the Employment and Training Administration (ETA) of the Department of Labor a Community Works Progress Office (the Office), to be headed by an Administrator. Directs the Administrator to prepare a plan for implementation of programs of the Office and submit a report summarizing it to the Secretary of Labor (the Secretary), who shall send a copy of the report to the appropriate congressional committees, and promulgate regulations to carry out the plan. Sets forth requirements relating to contracts made by administrative entities carrying out projects under this Act. Requires that such projects comply with nonduplication and nondisplacement requirements under the National and Community Service Act of 1990. Provides that compensation or benefits received by project participants under this Act shall be excluded from consideration under the Higher Education Act of 1965, specified provisions of the Social Security Act, and other determinations of Federal benefits. Requires administrative entities carrying out such projects to submit quarterly progress reports to the State Governor. Directs the Comptroller General to evaluate programs under this Act and report to the Secretary and appropriate congressional committees. Directs the Secretary, acting through the Administrator, to establish in the Office a Community Works Progress (CWP) program. Provides for CWP program allotments to States, including bonuses to States demonstrating progress in the preceding fiscal year in securing employment for individuals who were receiving AFDC and who no longer require such aid as a result of such employment. Allows States to use such allotments to award grants for CWP projects. Sets forth requirements for State Governors' award of CWP grants to eligible entities (including public agencies, private contractors, and private nonprofit organizations) for CWP projects that will serve a significant public purpose in a community service field (as described under the National and Community Service Act of 1990). Requires compliance with criteria established by the Secretary for job training, job search, and volunteer services. Sets forth requirements for job training plans for such CWP grant projects. Requires the Governor to enter into a written grant agreement with the administrative entity, including requirements for: (1) limits on administrative expenses and construction contracts; (2) use of at least 70 percent of the grant for compensation and supportive services for participants; (3) a three-year completion deadline; and (4) jobs opportunities and basic skills training program requirements for AFDC recipients. Sets forth requirements for nonpartisan selection and eligibility of unemployed individuals as project participants. Allows project participation, under specified conditions, of individuals who are also participants in the job opportunities and basic skills training program under AFDC provisions of the Social Security Act. Allows participation of individuals receiving unemployment compensation if certain age, education, residence, and unemployment period criteria are met. Allows participation of individuals who are not receiving unemployment compensation and who are discouraged workers if the other criteria are met. Requires, if possible, that at least 25 percent of project participants not be AFDC training program participants. Makes ineligible for project participation any individual eligible for specified retirement benefits. Sets forth restrictions on project participation, including: (1) 32-hour maximum project work per week; (2) 20-hour maximum on any additional part-time employment; (3) job search requirements; and (4) testing and education requirements. Sets forth requirements for compensation and supportive services for project participants, including unemployment compensation recipients, AFDC recipients, and individuals not receiving unemployment compensation. Sets forth duties of State units with respect to the CWP program in each State. Directs the Secretary, acting through the Administrator, to establish in the Office a youth community corps (YCC) program. Provides for YCC program allotments to States to award grants for YCC projects. Sets forth requirements for State Governor's award of YCC grants to eligible entities (community-based organizations, local educational agencies, or partnerships of local education agencies with local public community service agencies) for YCC projects to employ participants in projects in community service fields. Sets forth requirements for job training plans. Requires YCC grant agreements to limit administrative expenses and construction contracts, require 70 percent of grant funds for compensation and benefits for participants, and limit length of individual participation to not more than 250 hours per year. Sets forth requirements for selection and eligibility of YCC participants. Makes eligible elementary and secondary school students a ged 14 to 21 who are children of participants in the AFDC job opportunities and basic skills training program or who are members of families receiving AFDC benefits, or of eligible households under the food stamp program, or of families with incomes at or below the official poverty line. Allows employment of other eligible students who do not meet such poverty criteria if the project requires a greater number of participants and preference in such selection is given to students with work experience related to the project. Prohibits employment as a participant in a YCC project of any individual who is not making progress toward attainment of a high school diploma or equivalent. Requires payment to YCC participants of either: (1) a monetary credit for use at institutions of higher education, based on hours of participation; or (2) a cash benefit equal to one-half the amount of the educational credit. Sets forth duties of State units with respect to the YCC program in the State. Directs the Secretary, acting through the Administrator, to establish in the Office a national youth community corps (NYCC) program. Directs the Secretary to make equal allotments to ETA regional offices to make NYCC grants and to make administrative cost grants to States in which NYCC projects are carried out. Authorizes a regional office to make one grant for each fiscal year to establish and carry out an NYCC project to employ participants aged 17 to 22 in a project related to community service fields within the region served by that office. Makes eligible to receive such a grant a State or local public agency or a private nonprofit organization that provides such community services within that region. Sets forth requirements for job training plans. Requires NYCC grant agreements to: (1) limit administrative expenses and construction contracts; (2) use at least 70 percent of the grant for compensation and benefits for participants; (3) limit individual participant employment to not more than two years; (4) provide for training participants in accordance with specified provisions of the National and Community Service Act of 1990; and (5) provide for periodic and confidential evaluations of each participant. Sets forth requirements for selection and eligibility of NYCC project participants. Requires individual applications to the Governor to indicate the NYCC projects in which the individual seeks to participate. Requires the Governor to refer such application to each administrative entity administering such projects. Requires an individual to be age 17 to 22 to be eligible to participate in a NYCC project. Requires the administrative entity to make offers to eligible individuals to become participants in the project. Provides for living allowances and payments to NYCC participants. Provides for a choice of higher educational credits equal to $10,000 per year or cash benefits equal to $5,000 per year. Sets forth duties of State units with respect to an NYCC program conducted in the State. Authorizes appropriations under JTPA to carry out this Act. Amends the Social Security Act with respect to programs under this Act in ways relating to: (1) disregard of income earned as compensation by a program participant under this Act; (2) employability plans; (3) referral to projects under the CWP, YCC, and NYCC programs; (4) work supplementation program; and (5) community work experience program. Amends the Internal Revenue Code to exclude: (1) compensation for service under this Act as wages for unemployment compensation purposes; and (2) compensation and benefits for service under this Act from gross income for income tax purposes.
Bill· HRH.R. 4692 (102nd)referred
United States · United States Congress · 26 March 1992
Deficit Accountability Act of 1992 - Amends Federal law to prohibit: (1) an increase in the salary of a Member of Congress from going into effect if the Director of the Office of Management and Budget (Director) has determined that there was a deficit for the preceding fiscal year; or (2) such an increase in salary from going into effect between enactment of this Act and the Director's initial such determination.
Bill· HRH.R. 4593 (102nd)referred
United States · United States Congress · 26 March 1992
IRA Self-Loan Act - Amends the Internal Revenue Code to allow loans to be made or secured by an individual retirement account for first-time homebuyer expenses, education expenses, or medical emergency expenses. Limits such a loan amount to $50,000. Exempts such loans from the tax on prohibited transactions.
Bill· HRH.R. 4616 (102nd)referred
United States · United States Congress · 26 March 1992
Amends the Internal Revenue Code to require taking into account, for purposes of determining gain, the entire adjusted basis of property sold to a tax-exempt charitable organization as conservation property. Provides for determining the fair market value of restrictions on such property for purposes of determining the allowable deduction.
Bill· HRH.R. 4588 (102nd)referred
United States · United States Congress · 26 March 1992
Amends the Internal Revenue Code to specify the frequency of deposits of employment taxes (social security, railroad retirement, and withheld income taxes) by small and large depositors. Repeals a provision of the Railroad Retirement Solvency Act of 1983 to conform to this Act.
Resolution· HRESH.Res. 410 (102nd)passed
United States · United States Congress · 26 March 1992
Sets forth the rule for the further consideration of H.R. 3732 (elimination of division of discretionary appropriations into three categories for FY 1993 spending limit purposes).
Law· SS. 2481 (102nd)enacted
United States · United States Congress · 25 March 1992
Indian Health Care Amendments Act of 1992 - Amends the Indian Health Care Improvement Act to state that it is the intent of the Congress that the Nation meet specified health status objectives with respect to Indians and urban Indians by the year 2000. Directs the Secretary of Health and Human Services (Secretary) to report to the President, for transmission to the Congress, on the progress made in each area of the Indian Health Service (Service) toward meeting each stated objective. Title I: Indian Health Manpower - Directs the Secretary to make preparatory scholarship grants for: (1) up to two years on a full-time basis (or the part-time equivalent) to Indians who have demonstrated the capability to successfully complete courses of study in the health professions; and (2) up to four years (or the part-time equivalent) for pregraduate education of any grantee leading to a baccalaureate degree in an approved course of study preparatory to such health professions. Prohibits the Secretary from denying scholarship assistance to an eligible applicant solely by reason of such applicant's eligibility for assistance or benefits under any other Federal program. Authorizes the Secretary to grant health professions scholarships to Indians who are enrolled full or part-time in appropriately accredited schools and pursuing courses of study in the health professions, with an emphasis on certain ones. Makes an individual eligible for such scholarship in any year in which he or she is enrolled full or part-time in such course of study. Provides that the period for a part-time scholarship shall not exceed the part-time equivalent of four years. Directs the Secretary, acting through the Service, to establish a Placement Office to develop a national policy for the placement, to available vacancies within the Service, of health professionals required to meet the active duty obligation prescribed under the Public Health Service Act without regard to any competitive personnel system, agency personnel limitation, or Indian preference policy. Makes an individual liable to the United States for the amount paid to or on the individual's behalf under a written Indian health professions contract if it is breached in specified ways. Entitles the United States to recover an amount determined by a specified formula pursuant to the Indian Health Care Improvement Act, as amended, from any individual who breaches such contract by failing to begin or complete such service obligations. Authorizes the Secretary, acting through the Service, to provide: (1) continuing education allowances to nurses employed by the Service; and (2) grants to establish and develop clinics operated by nurses, nurse midwives, or nurse practitioners to provide primary health care services to Indians. Allocates funds for the training of nurse practitioners. Requires that at least 25 percent of retention bonuses awarded each year by the Secretary beginning in FY 1992 be awarded to nurses. Requires the Secretary, acting through the Service, to establish a program to enable licensed practical nurses, licensed vocational nurses, and registered nurses working in an Indian health program for at least one year to pursue advanced training in a residency program. Revises the Indian Health Service Loan Repayment Program with respect to: (1) eligibility requirements; (2) priority vacancy positions; (3) an individual's becoming a participant in the program; (4) extension of obligated service; (5) undergraduate loans; (6) repayment of loans; (7) tax liability reimbursements; and (8) the Secretary's annual report to the Congress. Directs the Secretary, acting through the Service, to assign one individual in each area office to be responsible on a full-time basis for recruitment activities. Requires the Secretary to provide a grant to a college or university to establish and maintain a program parallel to the Indians into Medicine Program (INMED) for the nursing and mental health professions. Directs the Secretary to provide matching grants to Indian tribes and tribal organizations to assist in educating Indians to serve as health professionals in Indian communities by providing them with scholarships, under specified conditions. Prohibits any scholarship recipient from discriminating against an individual seeking health care on the basis of ability to pay or that payment for such care will be provided by Medicare or Medicaid Programs under the Social Security Act. Directs the Secretary, under authority of the Snyder Act, to: (1) maintain a Community Health Aide Program in Alaska; and (2) provide, in a specified manner, a high standard of training to community health aides to ensure that they provide quality health care, health promotion, and disease prevention services to the villages served by the Program. Requires the Secretary, by contract or otherwise, to provide training for individuals in the administration and planning of tribal health programs. Authorizes appropriations for such training and for the Native Hawaiian Health Scholarship program. Directs the Secretary to consider an individual's ties to any Indian tribe when placing him or her in scholarship and loan repayment programs. Title II: Health Services - Authorizes the Secretary to expend appropriated funds under this Act to eliminate the deficiencies in health status and resources of all Indian tribes. Changes the threshold cost established by the Secretary: (1) for FY 1992 to a minimum of $20,000 (currently, a minimum of $10,000 to a maximum of $20,000) before a service unit can be eligible for reimbursement from the Catastrophic Health Emergency Fund for the cost of treatment of an individual; and (2) for each succeeding year to the cost of the previous year increased by the percentage increase in the medical care expenditure category of the consumer price index for all urban consumers. Directs the Secretary, acting through the Service, to provide health promotion and disease prevention services to Indians to achieve the health objectives set forth in this Act. Repeals the requirements that the Secretary establish from one to four demonstration projects to discover the most effective and cost-efficient means of providing health promotion and disease prevention services to Indians. Directs the Secretary to continue to maintain specified model diabetes projects in existence through FY 2000. Authorizes the Secretary to establish new model diabetes projects. Prohibits the establishment of a greater number of them in one service area than in another until there is an equal number established with respect to all service areas. Adds to the duties of the diabetes control officer employed in each area office of the Service the task of evaluating the effectiveness of services provided through model diabetes projects established under this Act. Requires the Service to report annually to the President for transmission to the Congress, on the mental health status of Indians. Requires any person employed as a psychologist or as a social worker to provide mental health care services to Indians in a clinical setting, under this Act or through a contract under the Indian Self-Determination Act, to be, within one year from the date of employment, licensed as such or working under the direct supervision of a licensed clinical psychologist or social worker. Directs the Secretary to study and report to the Congress on the: (1) feasibility and desirability of furnishing hospice care to terminally ill Indians; (2) the determination of the most efficient and effective means of furnishing such care; and (3) the feasibility of allowing an Indian tribe to purchase, directly or through the Service, managed care coverage under certain circumstances. Requires the Secretary to provide grants to eligible recipients to establish area epidemiology centers for specified activities. Directs the Secretary to provide at least one grant to an eligible recipient located in each Indian Health Service area. Requires such grant to be at least $250,000 a year for each area epidemiology center. Requires the Indian Health Service to assign one epidemiologist from each of its area offices to each area epidemiology center to provide technical assistance to it. Directs the Secretary to report to the Congress on the actions taken to carry out this Act and to report biannually thereafter, on the extent to which the area epidemiology centers have helped assess progress made towards meeting the health objectives under this Act. Authorizes appropriations. Title III: Health Facilities - Requires the Secretary, when evaluating for the Congress the likely impact of the closure of an Indian Health Service hospital or one of its outpatient health care facilities, to specify: (1) the level of use of such hospital or facility by all eligible Indians; and (2) the distance between such hospital or facility and the nearest operating Service hospital. Requires the Secretary, subject to the availability of appropriations, to enter into contracts or award grants for health care delivery demonstration projects taking into consideration applications received from all service areas. Prohibits the award of a greater number of such contracts or grants in one service area than in another until there is an equal number of them with respect to all service areas for which the Secretary receives applications under certain conditions. Requires the Secretary to submit to the President (currently, the Congress) for inclusion in the budget submittal for: (1) FY 1997, an interim report on such established demonstration projects; and (2) FY 1999, a final report. Authorizes the Secretary to accept any major renovation or modernization by any Indian tribe of any Service facility, or of any other Indian health facility operated pursuant to a contract entered into under the Indian Self-Determination Act under specified conditions. Entitles an Indian Tribe to recover an amount from the United States, based upon a specified formula, if any Service facility renovated or modernized by an Indian tribe ceases to be used as such during the 20-year period beginning on the completion date of such renovation or modernization. Authorizes appropriations. Title IV: Access to Health Services - Amends the Social Security Act to prohibit any payments received by any facility of the Service, whether operated by such Service or by an Indian tribe or tribal organization, for services provided to Indians eligible for Medicare benefits from being considered in determining appropriations for health care and services to Indians. Declares that the Secretary has no authority to provide services to an Indian beneficiary with coverage under Medicare in preference to an Indian beneficiary without such coverage. Makes a facility of the Indian Health Service or of an Indian tribe or tribal organization carrying out a contract, grant, or cooperative agreement under the Indian Self-Determination Act eligible for Medicare payments if it meets all of the conditions and requirements for such payments. Requires payments to any Service facility made under the Medicaid program to be placed in a special fund to be held by the Secretary and used, in a specified manner, exclusively for making any improvements in the facilities of such Service to achieve compliance with the applicable conditions and requirements of the Social Security Act. Terminates this requirement when the Secretary determines and certifies that substantially all Service health facilities are in compliance with such conditions and requirements. Prohibits payments received by such facility for services provided to Indians eligible for benefits under Medicaid from being considered in determining appropriations for the provision of health care and services to Indians. Requires the Secretary to submit to the President (currently, the Congress) for submission with the budget, an accounting of the amount and use of funds reimbursed through Medicare and Medicaid made available to Indian Health Services. Authorizes appropriations. Title V: Health Services for Urban Indians - Authorizes appropriations to make health services more accessible to the urban Indian population. Title VI: Organizational Improvements - Requires the Secretary to carry out, through the Director of the Service, all scholarship and loan functions under this Act. Authorizes appropriations. Title VII: Substance Abuse Programs - Redesignates Title VII of the Indian Health Care Improvement Act as Title VIII. Expands the responsibilities of the Indian Health Service with respect to the Memorandum of Agreement entered into under the Indian Alcohol and Substance Abuse Prevention and Treatment Act of 1986. Directs the Secretary, acting through the Service, to provide a program of comprehensive alcohol and substance abuse prevention and treatment to members of Indian tribes. Authorizes the Secretary, acting through the Service, to enter into contracts with public or private providers of alcohol and substance abuse treatment services to assist the Service in carrying out such programs. Directs the Secretary to: (1) provide assistance to Indian tribes in developing criteria for the certification and accreditation of service facilities which meet certain minimum standards; (2) develop and implement a program for acute detoxification and treatment for Indian youth who are alcohol and substance abusers; and (3) construct or renovate, and appropriately staff and operate, a youth regional treatment center in each area under the jurisdiction of an area office. Considers the area offices of the Service in Tucson and Phoenix, Arizona, as one area office. Authorizes the Secretary to make funds available to the Tanana Chiefs Conference, Incorporated, to lease, construct, renovate, operate and maintain a residential youth treatment facility in Fairbanks, Alaska. Directs the Secretary, acting through the Service, to: (1) identify and use, where appropriate, federally-owned structures suitable as local residential or regional alcohol and substance abuse treatment centers for Indian youth; and (2) establish guidelines to determine their suitability for such purpose. Directs the Secretary, in cooperation with the Secretary of the Interior, to develop and implement, within each Health Service unit, community-based rehabilitation and follow-up services designed to integrate long-term treatment and to monitor and support Indian youth who are alcohol or substance abusers after their return home. Requires the Secretary to provide for the inclusion of family members of a youth in such treatment programs or other appropriate services. Earmarks at least ten percent of funds appropriated to carry out such programs to be used for outpatient care of adult family members related to the treatment of an Indian youth. Directs the Secretary to study and report to the Congress on: (1) the incidence and prevalence of the abuse of multiple forms of drugs, including alcohol, among Indian youth residing on Indian reservations and in urban areas; and (2) the interrelationship of such abuse with the incidence of mental illness among such youth. Requires the Secretary, in cooperation with the Secretary of the Interior, to develop and implement, within each service unit, a program to provide training and community education in the areas of alcohol and substance abuse. Directs the Secretary, with respect to such programs, to take into consideration and make available, the results of the demonstration project for children of alcoholics funded by the Office of Minority Health of the Department of Health and Human Services. Requires the Secretary to make grants to the Navajo Nation to provide residential treatment for alcohol and substance abuse for the Tribe's adult and adolescent members and neighboring tribes. Directs the Navajo Nation to enter into a contract with a Gallup, New Mexico, area institution accredited by the Joint Commission of the Accreditation of Health Care Organizations to provide such comprehensive alcohol and drug treatment. Authorizes appropriations. Authorizes the Secretary to make grants to: (1) those urban Indian organizations with which the Secretary has entered into a contract under this Act for the provision of health-related services in prevention, treatment, or rehabilitation of, or school and community-based education in alcohol and substance abuse in urban centers; and (2) Indian tribes to establish fetal alcohol syndrome programs to meet the health status objective specified in this Act. Directs the Secretary to provide assistance to Indian tribes in the development, printing, and dissemination of education and prevention materials on fetal alcohol syndrome. Directs the Secretary, acting through the Service, to continue making grants through FY 1995 to the Eight Northern Indian Pueblos Council, San Juan Pueblo, New Mexico, to provide substance abuse treatment services to Indians in need of them. Requires the Secretary, acting through the Service, to establish: (1) the Regional Youth Alcohol and Substance Abuse Prevention and Treatment Center in Sacaton, Arizona, on the Gila River Indian Reservation; and (2) a youth alcohol and substance abuse prevention and treatment facility in Schurz, Nevada, as a unit of such regional center. Directs the Secretary, acting through the Service, to make grants to the Alaska Native Health Board for a two-part community-based demonstration project to reduce drug and alcohol abuse in Alaska Native villages and to rehabilitate families afflicted by such abuse. Requires the Secretary, acting through the Service, to evaluate and report to appropriate committees of the Congress on the evaluation of such project by January 1, 1993. Directs the Secretary, acting through the Service, to make a grant to the Thunderchild Treatment Center at Sheridan, Wyoming, to match funds already received by it through private contributions for the completion of construction of a multiple approach substance abuse treatment center which specializes in the treatment of alcohol and drug abuse of American Indians. Authorizes appropriations for the Center. Prohibits the use of such funds for: (1) staffing or operation of this facility; or (2) administrative purposes. Authorizes appropriations. Title VIII: Miscellaneous - Directs the President to include with submission of the budget: (1) certain reports and statements on meeting the objectives of this Act; and (2) a report on whether, and to what extent, new health care programs, benefits, initiatives, or financing systems have had an impact on it, and any steps taken by the Secretary to consult with Indian tribes to address such impact. Extends to FY 2000 the time during which Arizona is designated as a contract health service delivery area. Continues through FY 1995 the demonstration programs involving treatment for child sexual abuse that were conducted in FY 1991 through the Hopi Tribe and the Asiniboine and Sioux Tribes of Fort Peck Reservation. Authorizes the Secretary and the Secretary of the Interior to establish such programs in any service area, except that the establishment of a greater number of them in one service area than in another is prohibited until there is an equal number established with respect to all service areas. Authorizes appropriations for Indian health care programs through FY 2000. Title IX: Technical Corrections - Makes technical corrections to the Indian Health Care Improvement Act.
Bill· SS. 2465 (102nd)referred
United States · United States Congress · 25 March 1992
Rescinds the budgetary resources specified in the rescission proposal (R92-87) (study of tax law changes relating to residential ground lease financing, Hawaii Real Estate Commission) transmitted to the Congress by the President on March 20, 1992, pursuant to the Congressional Budget and Impoundment Control Act of 1974.
Bill· HRH.R. 4559 (102nd)reported
United States · United States Congress · 25 March 1992
National Energy, Environment, and Competitiveness Research Act of 1992 - Title I: Reduction of Oil Vulnerability - Subtitle A: Oil and Gas Supply Enhancement - Directs the Secretary of Energy (the Secretary) to conduct research and development programs in the following energy technologies in order to reduce national dependence upon imported oil, increase efficiency in meeting future energy needs, and reduce the adverse environmental consequences of energy production: (1) accelerated recovery of oil from domestic reservoirs in producing fields; (2) oil shale extraction and conversion for both Eastern and Western shales; (3) natural gas extraction from tight gas sands and devonian shales (or other unconventional sources); and (4) cofiring of natural gas with coal in utility and large industrial boilers to determine optimal natural gas injection levels for both environmental and operational benefits. Sets forth program goals, including short, mid-term, and long-term priorities. Authorizes appropriations. Subtitle B: Oil and Gas Demand Reduction and Substitution - Directs the Secretary to conduct research and development programs on: (1) cost effective technologies to reduce the demand for oil in the transportation sector through increased energy efficiency and the use of alternative fuels; (2) advanced technologies to improve fuel economy of light-duty passenger vehicles powered by a piston engine, and hybrid vehicles powered by a combination of piston engine and electric motor; (3) techniques to improve natural gas and other alternative fuel vehicle technology; (4) biofuels user facilities to expedite industry adoption of biofuels technologies; (5) electric vehicles and batteries (in cooperation with the electric utility industry and the automobile industry); and (6) wider application of advanced electric vehicle technology, including advanced battery technologies. Requires the Secretary to report to the Congress and the President on encouraging the purchase and use of electric vehicles. Directs the Secretary to conduct a research and development program on: (1) renewable hydrogen energy systems to supplement similar ongoing DOE activities; and (2) diesel engine combustion and engine systems, related advanced materials, and fuels and lubricants to reduce emissions oxides of nitrogen and particulates. Authorizes appropriations. Subtitle C: Oil Substitution Through Coal Liquefaction - Directs the Secretary to conduct a research and development program for economically and environmentally acceptable advanced technologies for oil substitution through coal liquefaction. Authorizes appropriations. Title II: Energy and Environment - Subtitle A: Improved Energy Efficiency - Directs the Secretary to conduct a research and development program for: (1) cost effective technologies to improve energy efficiency and increase the use of renewable energy in the buildings, industrial, and utility sectors; (2) energy efficient natural gas and electric heating and cooling technologies for residential and commercial buildings; (3) advanced pulp and paper technologies; (4) new technologies for integrated building design and products that provide affordable and commercially viable low emission, low energy buildings by the year 2005; and (5) expedited adoption of energy efficient industrial electric drive technologies, including adjustable speed drives, high speed motors, and high efficiency motors. Directs the Secretary to establish: (1) a Federal agency demonstration program for advanced commercially available energy efficiency and renewable energy technologies for use in federally-owned buildings and facilities; and (2) a demonstration program at federally-owned buildings and facilities designated for long-term commitment of specified emerging energy efficiency and renewable energy technologies that were substantially developed or derived from DOE research and development, and that are not commercially available. Subtitle B: Electricity Generation and Use - Directs the Secretary to conduct a research and development program: (1) to provide cost-effective options for the generation of electricity from renewable energy sources for grid and nongrid application; (2) on high efficiency heat engines to prove their technical and economic feasibility, emphasizing advanced gas turbine cycles, and the incorporation of energy efficient materials in such cycles for high efficiency electric and industrial power generation; and (3) to encourage the deployment of advanced nuclear reactor technologies. Requires the Secretary to establish a Federal financial and technical assistance program for the first-of-a-kind engineering design of standardized commercial nuclear powerplants which are included in the DOE certification program for advanced light water reactor designs. Requires the Secretary to report annually to the Congress on program status and nuclear research, development, and demonstrations. Directs the Nuclear Regulatory Commission to report annually to the Congress, along with the President's annual budget request, on the certification process for certain standardized advanced light water reactor designs. Directs the Secretary to conduct a research and development program on: (1) new technologies for mitigating hazards associated with high level radioactive waste and spent fuel from nuclear reactors; (2) fusion energy technologies whose main focus shall be a cooperative effort to develop the International Thermonuclear Experimental Reactor (ITER); (3) advanced technologies that use coal to generate electricity in a more efficient and environmentally acceptable manner; and (4) efficient and environmentally benign decentralized power generation using fuel cells. Authorizes appropriations. Directs the Secretary to establish the Electric Generation Technology Demonstration Task Force (the Task Force) to annually submit a report to the Secretary and the Congress on the status of electric generation technology. Authorizes appropriations for the Fast Flux Test Facility. Subtitle C: Pollution Prevention, Information, and Audits - Requires the Secretary to establish an Energy Efficient Pollution Prevention Program to implement research and development on energy efficient pollution prevention technologies and processes, emphasizing source reductions and a systems approach to minimizing adverse environmental effects of industrial production in the most cost-effective and energy efficient manner. Directs the Administrator of the Energy Information Administration to: (1) expand the scope and frequency of data collection and reports on domestic energy use in order to significantly improve the ability to evaluate the efficacy of national energy efficiency and renewable energy policies and programs; and (2) report annually to the Congress on energy efficiency and on the gathered data. Authorizes appropriations. Directs the Secretary to incorporate into a certain energy conservation audit program for small and medium sized manufacturers an identification and analysis of applicable energy savings and environmental benefits from the adoption of innovative energy efficient pollution prevention and waste minimization techniques. Authorizes appropriations. Title III: Energy and Economic Growth - Directs the Secretary to establish: (1) a National Critical Advanced Materials Initiative in the Office of Assistant Secretary for Conservation and Renewable Energy to implement a research and development program on production techniques for critical advanced materials and associated components with energy efficiency and renewable energy applications, to supplement similar ongoing DOE activities; (2) a program to expedite the use of critical advanced materials technologies in goods and services acquired by the General Services Administration; and (3) a National Critical Advanced Manufacturing Technologies Initiative in the Office of Assistant Secretary for Conservation and Renewable Energy to supplement similar ongoing DOE activities to improve energy efficiency and productivity in manufacturing. Authorizes appropriations. Directs the Secretary to grant priority to user facilities to provide special scientific and research capabilities to serve the research needs of universities, industry, and private and Federal laboratories. Authorizes the construction of the Advanced Photon Source at the Argonne National Laboratory. Prohibits the Secretary from changing the user fee practice in effect as of October 1, 1991, unless expressly authorized to do so by law enacted subsequent to this Act. Requires the Secretary to expedite the construction of the Advanced Neutron Source at the Oak Ridge National Laboratory. Authorizes appropriations. Directs the Secretary to: (1) support university research reactor improvement programs, and report a five year-improvement plan to the Congress; and (2) develop a method to evaluate the effectiveness of DOE science and mathematics education programs. Requires the Director of the Office of Energy Research to operate an Experimental Program to Stimulate Competitive Research as part of DOE's University and Science Education Programs. Directs the Secretary to: (1) support technology transfer activities conducted by the National Laboratories, and report to the Congress on the adequacy of their funding; (2) implement a least cost strategy for facility support and maintenance with respect to multiprogram energy laboratories; and (3) report to the Congress a comprehensive facilities plan for multiprogram energy laboratories. Authorizes appropriations. Directs the Secretary to submit to the Congress a five-year program plan for improving DOE integration of basic and applied renewable energy and energy efficiency research and development. Title IV: International Transfer of Advanced Energy Technology - Directs the Secretary to: (1) conduct a program of developing and adapting new energy technologies to the needs of developing countries to provide technological alternatives to meet their energy needs more efficiently and in an environmentally sound and economically competitive manner; and (2) establish in the Office of Policy an Office of Energy Coordination for Developing Countries to provide an information exchange program. Authorizes appropriations. Title V: Policy and Administrative Provisions - Directs the Secretary to expedite procedures for reviewing cooperative research and development agreements entered into by DOE or its laboratories to make the administrative review process consistent with those at other Federal agencies and their laboratories, and to report on them to the Congress. Permits program funds authorized for Conservation Research and Development, and Fossil Energy Research and Development to be used for the implementation of cooperative research and development agreements by DOE laboratories. Prohibits the Secretary from obligating funds for substantial or major construction projects, or equipment acquisition without specific authorization by statute. Directs the Secretary to establish an Energy Research, Development, and Demonstration Advisory Board (Advisory Board) to provide impartial technical advice with respect to energy research and development, and to submit periodic evaluations to the Congress of the effectiveness of DOE energy research and development programs in meeting the objectives of the previous National Energy Policy Plan. Declares that it is the policy of the United States that: (1) specified percentages of funds appropriated for DOE environmental restoration and waste management programs shall be used for research and development; and (2) where private sector technologies are more advanced than those used by the Federal Government, they shall be used for environmental restoration and waste management. Amends the Federal Nonnuclear Energy Research and Development Act of 1974 to require the Secretary (currently the Administrator of the Energy Research and Development Administration) to submit to the Congress an annual comprehensive plan for energy research and development. Amends the Renewable Energy and Energy Efficiency Technology Competitiveness Act of 1989 to reflect the amendments made by this Act. Requires proposals submitted under this Act to include commitments of specified percentages from non-Federal sources. Authorizes the Secretary to vary such requirements upon determining that the proposed research is of a more basic or fundamental nature. Directs the Secretary to: (1) develop an inventory and status report of technologies to enhance energy supply and to improve the efficiency of energy end uses; (2) establish comprehensive energy research and development program priorities as part of the National Energy Policy Plan, with highest priority given to the development of technologies assessed in such inventory and status report; and (3) enter into an arrangement with the National Academy of Sciences (the Academy) to study factors which promote or inhibit the widespread domestic adoption of energy-efficient end-use technologies and energy-conserving practices. Directs the Academy to submit its findings and conclusions to the Congress. Authorizes appropriations. Sets forth conditions under which the Secretary shall disregard costs related to the decommissioning of nuclear facilities, or the storage and disposal of nuclear waste when awarding contracts to perform nuclear hot cell services. Title VI: Joint Ventures - Amends the Renewable Energy and Energy Efficiency Technology Competitiveness Act of 1989 to direct the Secretary to evaluate emerging renewable energy and energy efficiency technologies suitable for joint ventures, and to solicit proposals for, and provide assistance to, at least ten high priority joint ventures (currently three) that can expedite the commercialization of renewable energy and energy efficiency technologies. Includes within the list of required joint ventures: (1) oil displacement by fuel cell technology; (2) renewable energy and energy efficiency technology export training; and (3) source reduction technology. Authorizes appropriations. Title VII: Uranium Enrichment - Subtitle A: Uranium Enrichment Corporation - Amends the Atomic Energy Act of 1954 to establish the Uranium Enrichment Corporation as a wholly owned government corporation to: (1) operate as a business enterprise on a profitable, efficient basis; (2) acquire uranium for uranium enrichment; (3) acquire DOE facilities related to atomic vapor laser isotope separation technology (AVLIS) for uranium enrichment, and to commercialize alternative enrichment technologies; (4) market and sell its enriched uranium and related services; and (5) conduct the business as a self-financing corporation, eliminating the need for Federal financing. Vests Corporation powers in the Board of Directors appointed by the President with the advice and consent of the Senate. Grants the Comptroller General audit powers over the Corporation. Requires the Corporation to submit an annual status report to the President and the Congress. Establishes the Uranium Enrichment Corporation Fund, which shall be available to the Corporation without fiscal year limitation. Prescribes guidelines under which the Corporation may issue bonds and notes. Provides for the Corporation to make payments to States and local governments in lieu of taxes. Exempts all Corporation property, activities, and income from any State, local, or Federal taxation. Applies to the Corporation Federal antitrust, occupational safety and health laws, and environmental laws, among others. Permits the Corporation to restrict the dissemination of trade secrets and commercial or financial information to the same extent as a privately owned corporation. Sets forth the Corporation's marketing and contracting authority. Grants the Corporation exclusive rights to: (1) an option to lease DOE gaseous diffusion uranium enrichment facilities; and (2) deploy, license, and use federally-owned AVLIS processes and technical information upon completion of a royalty agreement with DOE. Directs the President, upon Corporation request, to transfer without charge to the Corporation DOE rights and interests in property related to the performance of its purposes regarding AVLIS. Transfers to the Corporation as assets any balances in the Uranium Enrichment Special Fund, and balances appropriated to DOE for uranium supply and enrichment activities. Requires the Secretary of the Treasury to lend the Corporation a specified sum in the form of a loan from balances in the Uranium Enrichment Special Fund receipt account ("Initial Debt"). Precludes the Corporation from receiving any Federal financial assistance other than as provided for in this Act. Permits the Corporation to apply to DOE for a patent license to use an invention or discovery useful in the production or utilization of special nuclear material or atomic energy when the patent has not been declared to be affected with the public interest. Requires DOE to: (1) establish standards to govern its gaseous diffusion uranium enrichment facilities; and (2) report annually to the Congress on the health, safety, and environmental conditions at such facilities. Prohibits the Corporation from operating such facilities unless DOE has determined its compliance with such standards. Subjects Corporation uranium enrichment facilities using AVLIS to the same licensing strictures as production and utilization facilities under the Atomic Energy Act of 1954. Requires the Corporation to: (1) prepare a strategic plan for privatization; and (2) begin activities necessary to prepare AVLIS for commercialization. Authorizes the Corporation to issue capital stock representing an equity investment in its uranium enrichment assets, as well as enter into joint ventures and majority held subsidiaries. Sets forth guidelines for privatization of the Corporation. Establishes the Uranium Enrichment Decontamination and Decommissioning Fund to implement decontamination and decommissioning, and other environmental restoration and waste management activities at DOE uranium enrichment facilities. Requires the Secretary of the Treasury to submit annual Fund status reports to the Congress. Sets forth funding guidelines. Requires the Corporation to: (1) direct a pilot research and development program at the Oak Ridge Gaseous Diffusion Plant to identify, evaluate, and implement decontamination and decommissioning approaches; and (2) submit an annual cost estimate review to the Congress regarding decontamination, decommissioning, and other environmental restoration and waste management activities at its uranium enrichment facilities. Subtitle B: Remedial Action At Active Processing Sites - Declares that remedial action costs shall be borne by certain persons licensed under the Atomic Energy Act of 1954 for any activity resulting in the production of by-product material. Sets forth guidelines under which the Secretary shall annually reimburse such licensees for the portion of the remediation costs attributable to byproduct material generated as an incident of sales to the United States, and incurred by the licensee before a specified date. Requires the Secretary to promulgate reimbursement regulations. Authorizes appropriations.
Bill· HRH.R. 4582 (102nd)referred
United States · United States Congress · 25 March 1992
BasiCare Health Access and Cost Control Act - Title I: Immediate Reforms - Subtitle A: Small Employer Health Insurance Market Reform - Regulates accident and health insurance issued to small employers (defined as having fewer than 51 employees) regarding: (1) price; (2) sales practices; (3) guaranteed issue; (4) core benefits (requiring the same benefits as title XVIII (Medicare) of the Social Security Act); (5) deductibles, out-of-pocket expenses, and copayments; and (6) preventive benefits for children under 23. Preempts inconsistent State and local laws. Regulates: (1) guaranteed eligibility; (2) limited exclusion of preexisting conditions; (3) guaranteed renewability; (4) waiting periods; and (5) rating requirements. Allows the Secretary of Health and Human Services to agree with a State to apply the standards set by that State's laws instead of these requirements, provided the core benefits and sales practices requirements are met. Amends the Internal Revenue Code (IRC) to prohibit tax deductions for the tax imposed by title II, subtitle E, of this Act on insurers offering plans that do not qualify as BasiCare plans. Subtitle B: Community Health Services Expansion - Amends the Public Health Service Act (PHSA) to establish a program of allotments to States for grants for community-based primary health services to low-income or medically underserved populations regarding infant mortality and referrals for the health management of infants and pregnant women. Links the amount of the allotment to population and need. Describes the services to be included. Earmarks for the allotments specified percentages of appropriations under certain provisions added by this Act. Mandates grants to federally-qualified health centers (FQHCs) and other entities for providing access to services, as described in specified provisions of title XIX (Medicaid) of the Social Security Act, for medically underserved populations or in high impact areas not currently being served by a FQHC. Authorizes appropriations. Subtitle C: Expansion of Tax Incentives for Self-Employed Individuals - Amends the IRC to increase to 100 percent (currently 25 percent) the portion of health insurance costs self-employed individuals may deduct. Removes provisions ending the deduction on a specified date. Subtitle D: Expanding the Supply of Health Professionals in Rural Areas - Amends the PHSA to authorize appropriations to carry out provisions relating to the National Health Service Corps scholarship and loan repayment program. Earmarks certain portions to carry out provisions of this Act relating to FQHCs. Amends the IRC to allow a tax credit for service by a physician, physician assistant, or nurse practitioner who: (1) provides primary health services to individuals in a rural health professional shortage area; and (2) is not receiving a National Health Service Corps scholarship or loan repayment and is not fulfilling service obligations under such programs. Excludes National Health Service Corps loan repayments from gross income. Allows, with regard to elections to expense depreciable business assets, a higher aggregate cost to be taken into account for rural health care property in a rural health professional shortage area. Allows a deduction for a limited amount of the interest paid on medical education loans by an individual performing services under an agreement with an applicable rural community to perform professional services in the community. Authorizes use of the deduction in computing adjusted gross income. Subtitle E: Malpractice Reform - Part I: Definitions - Sets forth definitions for purposes of this subtitle. Part II: Tort Reform of Health Care Liability Actions - Declares that this part applies to any health care liability action brought in any Federal or State court. Limits the dollar amount of: (1) recovery by an individual and the individual's family members in a health care liability action, regardless of the number of providers or the number of actions; and (2) single payments which may be required. Requires offset for damages paid by a collateral source. Prohibits punitive damages from exceeding the sum of economic and non-economic damages. Regulates the award of attorney's fees and joint and several liability. Sets forth time limits on initiation of actions. Preempts State laws in certain circumstances. Part III: Alternative Dispute Resolution Systems - Mandates grants to States for the development and implementation of alternative dispute resolution systems (ADRSs). Provides for the possible establishment of an advisory panel to take specified actions, including assisting in the development of criteria for ADRSs, providing advice and assistance to States, and performing duties set forth under part IV of this subtitle. Authorizes appropriations for the grants. Part IV: Demonstration Projects for No-Fault Compensation Programs - Establishes a program of grants to private entities for the demonstration no-fault compensation programs (NCPs) in the private sector under which health care providers offer their patients a no-fault compensation scheme in exchange for a waiver of common law tort liability for all injuries. Authorizes appropriations. Subtitle F: Joint Ventures - Amends provisions of the National Cooperative Research Act of 1984 allowing, notwithstanding antitrust laws, certain cooperative research agreements to add references to joint health care provider ventures, defined as a group of activities by two or more hospitals for the provision or delivery of health care services. Title II: Long-Term Reforms - Subtitle A: Establishment of Commission and Advisory Board - Establishes the Commission on National Health Care Access and Reform and the National Advisory Board. Authorizes appropriations. Subtitle B: Reform and Standardization of Private Insurance - Requires the Commission to submit to the Congress a legislative proposal with specified elements, including: (1) a uniform national health benefits package (BasiCare); (2) a national health care insurance reform plan applicable to all carriers of health insurance in the United States; (3) self-insured plan requirements; and (4) a program to assist low-income individuals in the transfer from coverage under title XIX (Medicaid) of the Social Security Act to BasiCare coverage and financial assistance in obtaining BasiCare coverage. Sets forth the continuing duties and responsibilities of the Commission, including: (1) submission of a new legislative proposal annually for the next two years if the Congress does not approve the Commission's recommendation; (2) annual review and revision, subject to congressional recision, of benefits and premiums; (3) oversight of provider participation and billing; (4) oversight of the supplemental health insurance market; and (5) submission to the Congress of plans for the long-term disposition of Medicaid benefits not covered or subsumed by BasiCare and assimilation of Medicare (title XVIII of the Social Security Act), the Civilian Health and Medical Program of the Uniformed Services (CHAMPUS) and the Federal employees' health benefits program into the BasiCare system. Includes in BasiCare coverage basic hospitalization, basic outpatient services protection against catastrophic out-of-pocket costs, coverage against extraordinary long-term care costs, and coverage for preventive care. Requires each carrier to offer BasiCare. Preempts inconsistent State and local laws. Prohibits duplication, in whole or part, of BasiCare benefits. Prohibits discrimination based on health status, including preexisting conditions. Requires guaranteed issue, a minimum plan period, guaranteed renewability, and community-wide ratings. Applies these standards to reinsurance policies. Regulates premiums. Prohibits employment-related BasiCare plans from imposing waiting periods. Requires: (1) such plans to apply equally to employees of all income levels; and (2) total contributions for an employer for low-income employees to equal or exceed the total for other employees. Regulates self-insured plans. Mandates development of recommended managed care plan standards regarding benefits, coverage, and delivery systems. Establishes the Managed Care Advisory Committee. Preempts certain State laws regarding managed care plans. Subtitle C: Low-Income Assistance - Requires the Commission to provide for the termination of Medicaid program coverage which duplicates BasiCare. Terminates, after five years, any remaining Medicaid benefits. Mandates financial assistance, through a voucher system, to low-income individuals for BasiCare premiums, deductibles, and other cost-sharing. Subtitle D: Congressional Consideration of Commission Recommendation - Declares that these provisions are enacted as an exercise of the rulemaking power of the House of Representatives and the Senate with recognition of the right of either House to change the rules as any other rule of that House. Provides for the introduction and consideration of a joint resolution approving of the Commission's legislative proposal under subtitle B of this title. Subtitle E: Enforcement Provisions - Amends the Internal Revenue Code to remove provisions relating to a tax on any employer or employee organization that contributes to a group health plan or large group health plan that does not comply with certain Medicare provisions. Imposes a tax on: (1) insurers offering plans that do not qualify as BasiCare plans; (2) the failure of any service provider under a BasiCare plan to comply with specified provisions of this Act; and (3) the failure of any person to comply with provisions of this Act relating to employer responsibilities and self-insured plan requirements under this Act. Disallows personal exemptions unless the individual's BasiCare policy number is included in the individual's tax return. Subtitle F: Financial Provisions - Creates the BasiCare Trust Fund and transfers to the Fund: (1) a specified percentage of wages and self-employment income; (2) all of the taxes imposed by this Act; (3) additional revenues received as the result of amendments made by this Act; (4) the State's Medicaid share; and (5) all unobligated amounts in the Federal Hospital Insurance Trust Fund and the Federal Supplementary Medical Insurance Trust Fund. Appropriates to the Fund: (1) the Federal Medicaid share; and (2) amounts equal to appropriations for CHAMPUS and the Federal employees' health benefits program. Authorizes appropriations for additional sums as required to make expenditures under specified provisions of this act. Amends title II (Old-Age, Survivors and Disability Insurance) of the Social Security Act to exclude amounts under certain provisions of this Act from appropriation to the Federal Old-Age and Survivors Insurance Trust Fund. Amends the Internal Revenue Code to: (1) exclude from gross income employer-provided coverage under a BasiCare plan (currently, under an accident or health plan); (2) prohibit deductions for employer expenses for a group health plan unless the plan qualifies as a BasiCare plan; and (3) include amounts paid for a BasiCare plan (currently, for insurance) in the definition of "medical care" for provisions relating to medical and dental expenses.
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