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Bill· SS. 3139 (102nd)open
United States · United States Congress · 6 August 1992
Defense Conversion and Transition Assistance Act of 1992 - Title III (sic): Operation and Maintenance - Subtitle C (sic): Defense Economic Diversification, Conversion, and Stabilization - Amends the Defense Economic Diversification, Conversion, and Stabilization Act of 1990 to require the Secretary of Defense (Secretary) to be chairman of the Economic Adjustment Committee. (Currently, such chairmanship rotates between the Secretaries of Defense, Commerce, and Labor on a yearly basis.) Directs the Chairman to establish an Executive Council of such Committee to develop policies and procedures to ensure that communities, businesses, and workers substantially and seriously affected by reductions in defense expenditures are advised of the assistance available to them under programs administered by the Departments of Defense, Commerce, and Labor and the Small Business Administration (SBA). Requires notification to be provided to affected communities, businesses, and workers with respect to the lack of any follow-on contracts or other defense-related contract activity. Amends the National Defense Authorization Act for Fiscal Year 1991 to extend through FY 1993 the authorization of appropriations for certain defense stabilization activities outlined under such Act. Provides an identical extension under such Act with respect to defense conversion adjustment. Directs the Secretary, in consultation with the Secretary of Education, to provide financial assistance to local educational agencies (LEAs) if, without such assistance, such LEA will be unable to provide students in schools of such LEA with a level of education that is equivalent to the minimum level of education available in the schools of the other LEAs in the same State. Outline additional eligibility requirements. Directs the Secretary, in assisting communities in making adjustments resulting from reductions in the size of the armed forces, to transfer to the Secretary of Education funds to make payments to LEAs that are entitled to receive educational benefits for children of persons who reside or work on Federal property, who are on active duty in the armed forces, or who are refugees. Directs the Secretary to report to the Congress on the LEAs affected by the closures and realignments of military installations and by redeployments of members of the armed forces. Provides funding for such payments to eligible LEAs through FY 1993 DOD operation and maintenance authorizations. Subtitle D: Department of Defense Civilian Personnel Transition Initiatives - Requires the Secretary of the military department concerned, if such Secretary separates an employee from employment under a reduction in force and within two years after such separation seeks to employ a person for that same position or a position in the same competitive area, to first offer the separated employee such position, and to not employ a contract or temporary employee in the position. Requires the Secretary concerned, in seeking to reemploy separated employees but not in a sufficient number to reemploy all such employees, to offer reemployment on the basis of seniority in Federal service. Directs the Office of Personnel Management (OPM) to establish and keep current a comprehensive list of all announcements of vacant positions in the competitive service within each agency (except the General Accounting Office and agencies conducting intelligence activities) that are to be filled by appointments for more than one year and for which applications are being accepted from outside the agency work force. Requires such list to be available to the public. Requires the Director of OPM to begin providing such information by toll-free telephone within 120 days after enactment of this Act. Requires an agency, in filling a vacant position for which a qualified displaced employee (a current or former DOD employee notified of termination or separated from employment due to a reduction in force) has properly applied, to give full consideration to such application before selecting any applicant from outside the agency for the position. Provides such preference for 12 months after notice or separation. Requires certain notification to be given, in the case of employees released from employment due to a reduction in force: (1) to the employee; (2) to his or her collective bargaining representative; and (3) if the reduction involves a significant number of employees, to the appropriate State dislocated worker unit and the chief official of the local government concerned. Authorizes the President to shorten the otherwise-required 60-day period of advance notification of such reductions in force because of circumstances not reasonably foreseeable. Amends the Defense Base Closure and Realignment of 1990 to provide that the date of notice of termination of employment of an employee of a military installation being closed or realigned under a base closure law (for purposes of determining eligibility for defense conversion adjustment assistance under the Job Training Partnership Act) shall, unless actual notice of termination is given, be 12 months before the closure or realignment is completed. Makes an identical amendment to the Defense Authorization Amendments and Base Closure and Realignment Act. Authorizes the Secretary concerned to pay a civilian employee having been employed for a continuous period of at least 12 months a separation benefit if such employee separates voluntarily from employment by either resignation or retirement. Outlines administrative provisions concerning the payment of such separation benefit, and prohibits such payment for a separation occurring after December 31, 1997. Restores certain leave of a Federal civilian employee of a military installation during the closure of such installation between October 1, 1992, and December 31, 1997. Requires certain reports. Provides for the continuation of certain Federal employee health benefits if the basis for such continuation of coverage is involuntary separation from a Department of Defense (DOD) position due to a reduction in force, limiting the individual to payments of no more than the required employee contributions for such coverage. Applies Thrift Savings Plan and Civil Service Retirement System benefits to employees (and their spouses) separated from service due to a reduction in force. Authorizes the Secretary and the Secretaries of the military departments to provide up to one year of training to civilian DOD employees who are separated from employment as a result of a reduction in force or the closure or realignment of a military installation. Allows such training between October 1, 1992, and September 30, 1995. Directs the Secretary to publish a register of the skill training programs carried out by DOD. Title V (sic): Military Personnel Policy - Subtitle D (sic): Active Forces Transition Enhancements - Directs the Secretary to implement a program to encourage members and former members of the armed forces to enter into public and community service jobs after discharge or release from active duty. Directs the Secretary to maintain a registry of discharged or released former members who request assistance in pursuing such careers, as well as a registry of public and community service organizations. Directs the Secretary to match former personnel registered with jobs coming available through the service organizations. Directs the Secretary to: (1) develop proposed uniform standards and procedures for the granting of appropriate credit for service in the armed forces under State teacher certification or licensing procedures; and (2) coordinate with appropriate State agencies the incorporation of such standards and procedures into such State's certification or licensing requirements. Authorizes the Secretary to designate his responsibilities to the Secretary of Education. Authorizes the Secretary concerned to grant to an eligible member of the armed forces a leave of absence of up to one year to pursue a program of education or training for the development of skills relevant to the performance of public and community service. Outlines provisions concerning eligibility requirements, and excludes any member granted such a leave of absence for such purposes from any required military personnel end strength limitations. Terminates the authority to grant such leaves on September 30, 1995. Authorizes the Secretary concerned, upon the member's request, to grant an early retirement to regular or reserve commissioned officers in their respective military departments who have served between 15 and 20 years, as long as such members agree to register on the public or community service registry maintained under this Act by the Secretary and receive counseling regarding such job opportunities. Provides for the computation of the retired pay of members so retired, and provides funding for the implementation of such early retirement. Terminates such authority on October 1, 1995. Provides that if a member so retired is actually employed by a public or community service organization within their enhanced retirement qualification period, their retirement pay shall be recomputed to provide an increase in the years of service which includes the years of public or community service. Defines the "enhanced retirement qualification period" as the period between the member's early retirement date and the date on which the member would have completed 20 years of service had the member not chosen early retirement. Provides for a similar recomputation of the Survivor Benefit Plan (SBP) base amount for the purpose of payment of survivor annuities. Allows active-duty personnel who are voluntarily discharged or released from the armed forces, who have completed a program of education leading to a standard college degree, and who previously made an election while on active duty not to participate in the Montgomery GI Bill educational assistance program to withdraw such election within 90 days after discharge or release and participate in the program. Requires a $1,200 payment to the Secretary of Veterans Affairs by such individuals for participation in the program. Provides that, except for annual training or active duty for training of 30 days or less, a reserve member entitled to voluntary separation incentive payments who is also entitled to basic pay for active service shall forfeit an amount of voluntary separation incentive pay which is equal to the total amount of basic pay received during such concurrent periods. Extends through FY 1995 the authorization of appropriations for certain employment, job training, and other assistance for members being separated from active duty. Directs the Secretary and the Director of OPM to jointly carry out a program to provide eligible persons with temporary health benefits under the program of continued health coverage provided for former civilian employees of the Government. Makes eligible for such continued coverage members who were voluntarily or involuntarily discharged or released from active duty under other than adverse conditions, were entitled to medical and dental care prior to such discharge or release, and would not otherwise be eligible for such benefits after such discharge or release and any applicable period of transitional health care. Outlines provisions concerning: (1) notification by the Director of eligibility; (2) election by the member to receive such continued benefits; (3) coverage of dependents; (4) charges for such coverage, to be paid into the Employees Health Benefits Fund; (5) contributions into such Fund by the Secretary in the case of coverage for a member involuntarily discharged; (6) the period of continued coverage; (7) transitional provisions; and (8) termination of other health conversion policies upon election of coverage under the above health benefits continuation program. Subtitle E: Guard and Reserve Transition Initiatives - Defines the "force reduction transition period," for purposes of this Subtitle, as the period beginning on October 1, 1991, and ending on September 30, 1995. Provides that during the force reduction transition period (period), no unit in the Selected Reserve may be inactivated and no such member may be involuntarily discharged from a reserve component or involuntarily transferred from the Selected Reserve before the Secretary has promulgated, implemented, and transmitted to the defense committees regulations that govern the treatment of members assigned to such units and members of the Selected Reserve being subjected to such actions. Requires such regulations to ensure that Selected Reserve members are treated fairly, with respect to their service to their country, and with attention to the adverse personal consequences of unit deactivation or involuntary discharges or transfers. States that the protections afforded by such regulations shall not apply with respect to a member discharged or transferred under specified circumstances, including: (1) at the member's request; (2) due to the lack of qualification for further membership; (3) under adverse conditions; or (4) based on current eligibility for retirement or separation pay. Provides for the payment of annual retirement payments by the Secretary concerned to a member of the Selected Reserve who, during the period (and an application period), has completed at least 20 years of retirement-creditable service, is under 60 years of age, and applies for transfer to the Retired Reserve. Outlines provisions concerning the length of such annual payments as well as its computation. Authorizes the Secretary concerned to limit the applicability of such provisions in order to meet the specific needs of the service. Provides funding. Authorizes the Secretary concerned, during the period beginning on the date of enactment of this Act and ending on October 1, 1995, to provide early retirement benefits for a person who has completed at least 15, but less than 20 years of service as of October 1, 1991, or after such date and before October 1, 1995, has completed at least 15 years of service and transfers to the Retired Reserve. Authorizes the Secretary concerned to limit the applicability of such provisions in order to meet the specific needs of the service. Provides separation pay, in a computed amount, to members of the Selected Reserve who have completed at least six but less than 15 years of service and are involuntarily discharged or transferred from the Selected Reserve. Waives the continued service required for eligibility under the Montgomery GI Bill educational assistance program for individuals who, before completing the years-in-service requirement, cease to be members of the Selected Reserve by reason of inactivation of their unit during the period. Directs the Secretary to prescribe regulations to authorize a person who involuntarily ceases to be a member of the Selected Reserve during the period to continue to receive commissary and exchange privileges for one year after such cessation or one year after the enactment of this Act, whichever is later. Increases from 120 to 365 days after the involuntary termination as a member of the Selected Reserve the period during which continued coverage under Servicemen's Group Life Insurance will be provided, as long as such member is able to fulfill certain other requirements for eligibility for such insurance. Authorizes the Secretary concerned to limit the applicability of any of the above benefits provided to members and former members of the Selected Reserve in order to meet the needs of the service. States that all such benefits are inapplicable to personnel who cease to be members under adverse conditions. Title VIII (sic): Acquisition Policy, Acquisition Management, and Related Matters - Subtitle A: Defense Conversion Policy for the National Defense Technology and Industrial Base - Sets forth provisions concerning the National Defense Technology and Industrial Base (NDTIB). Outlines NDTIB policy objectives and how they relate to defense conversion and civil-military integration objectives. Establishes the National Defense Technology and Industrial Base Council (Council) to provide overall policy guidance and direction to the military departments and dfense agencies concerning: (1) the capabilities of the NDTIB to meet U.S. national security objectives; (2) programs for achieving the defense conversion objectives set forth; and (3) changes in acquisition policy that would strengthen the NDTIB. Directs the Council to prepare a comprehensive annual assessment of the NDTIB to achieve its stated objectives. Requires each assessment to include a sector (technology or industry) capability analysis containing specified information with respect to its ability to achieve the stated objectives. Outlines factors concerning foreign dependency on raw materials, systems, equipment, and facilities to be addressed in each assessment. Requires each such assessment to also include: (1) an analysis of the present and projected financial condition of each sector for specified periods; (2) an analysis of the impact of the terminations and significant reductions of major R&D programs and procurement programs of DOD on the capability of each sector to achieve its objectives; (3) a critical technology analysis that identifies the product and process technologies that are most critical for attaining the technology and industrial base objectives; and (4) an analysis of each sector's viability in light of defense and nondefense expenditures, integration with the commercial marketplace, and production. Directs the Council to prepare an annual plan for ensuring that the policies and programs of DOD, the Department of Energy (DOE), and other Federal departments and agencies are planned, coordinated, funded, and implemented in a manner which achieves policy objectives. Requires each plan to provide specific guidance, including goals, milestones, and priorities, with respect to: (1) sector viability; (2) manufacturing technology; (3) critical technologies; (4) integrated financing; (5) civil-military integration; (6) defense conversion; (7) technology and industrial base work force; (8) major program acquisition; and (9) acquisition reform. Requires the plan to establish funding priorities for each area of guidance. Directs the Secretary to provide the annual plan to the Secretaries of the military departments and the heads of other affected elements of DOD. Directs the Secretaries of Energy and Commerce to provide such guidance to appropriate officials within their respective departments. Requires an annual report by the Secretary to the Congress on the plan and the NDTIB assessment prepared for that year. Directs the Council to establish a federally funded R&D center to be known as the National Defense Center for Analysis of the Technology and Industrial Base (NDC). Outlines NDC duties with respect to the NDTIB, including assembling of information, studies and analyses, provision of technical support and assistance, and dissemination of unclassified information gathered. Directs the Secretary to prescribe regulations requiring consideration of the NDTIB in the development and implementation of acquisition plans for each major defense acquisition program. Outlines required contents of such acquisition plans, implementation provisions, and required dates for annual assessments of such plans. Requires the Council to establish the NDC within six months after enactment of this Act. Sets forth provisions concerning dual-use technologies (technologies having both commercial and military applications). Directs the Secretary to conduct a program providing for the establishment of cooperative arrangements (partnerships) between DOD and certain non-DOD entities (nonprofit research corporations, Federal laboratories, institutions of higher education, agencies of State governments, and other entities showing support for such work) in order to encourage and provide for research, development, and application of technologies to attain the NDTIB objectives. Limits partnership duration to five years. Provides 50 percent Federal funding of the partnership for the first year, reduced by ten percent each year of the partnership. Provides for consideration of in-kind contributions by non-Government participants in a partnership when determining the sharing of partnership costs. Requires competitive procedures to be used in the establishment of such partnerships. Outlines partnership selection criteria, and authorizes the Director of Defense Research and Engineering to perform the responsibilities of the Secretary under the partnerships. Renames the current critical technology application centers assistance program as the regional technology alliances assistance program. Provides funding for: (1) defense dual-use critical technology partnerships; (2) commercial-military integration partnerships; (3) defense regional technology alliances; and (4) the overseas critical technology monitoring and assessment financial assistance program. Directs the Secretary to establish within his Office the Office of Technology Transition to ensure that technology developed for national security purposes is integrated into the private sector of the United States in order to enhance the NDTIB. Provides further duties of the Office, and requires the Secretary to report to the defense committees on Office activities. Requires such Office to commence operations within 180 days after enactment of this Act. Directs the Secretary to establish a National Defense Manufacturing Technology Program to: (1) provide centralized guidance and direction to the military departments and defense agencies on all matters relating to manufacturing technology; (2) direct the development and implementation of DOD goals, plans, projects, activities, and policies that promote the development and application of advanced technologies to manufacturing processes, tools, and equipment; (3) improve the quality and practices of businesses providing goods and services to DOD; (4) promote dual-use manufacturing processes; (5) disseminate to businesses information concerning improved manufacturing concepts; (6) enhance the skills of the manufacturing work force; and (7) ensure appropriate coordination between the manufacturing technology and industrial preparedness programs of DOD and similar programs undertaken by other Federal departments and agencies and the private sector. Requires the Secretary of Defense for Acquisition to perform the duties of the Secretary under the manufacturing technology program. Earmarks specified amounts authorized for R&D under this Act for: (1) defense advanced manufacturing technology partnerships; (2) manufacturing technology extension programs; and (3) defense manufacturing education programs. Sets forth provisions concerning miscellaneous technology base policies and programs. Directs the Secretary to establish a program to achieve the NDTIB objectives set forth under this Act by providing dual-use enhancement capability support to various nonprofit, public, and private organizations. Outlines services provided under the program. Provides Federal funding of such program of 50 percent in the first year, 40 percent in the second year, and 30 percent in the third and following years. Outlines criteria for the selection of a program to receive such assistance, including the extent to which the program advances and enhances the NDTIB objectives. Directs the Under Secretary of Defense for Acquisition to perform the duties of the Secretary under the dual-use assistance extension program. Provides program funding from funds authorized to be appropriated to DOD under this Act. Reorganizes various Federal provisions relating to the NDTIB, and repeals inconsistent provisions. Earmarks specified funds for FY 1993 and thereafter for research and R&D activities under the Small Business Innovation Research Program (SBIR). Limits the amounts paid to a small business concern by DOD under the SBIR. Directs the Secretary to develop and issue a strategy for effectuating the transition of successful projects under the SBIR from phase II to phase III of the program. Extends through FY 1999 the SBIR within DOD. Directs the Secretary, during FY 1993, to give priority in the allocation of specified funds, including SBIR funds, to programs, projects, and activities that provide significant assistance for converting the capabilities of businesses that are economically dependent on DOD business to capabilities having both defense and nondefense commercial applications. Establishes the Advanced Research Projects Agency (Agency) as a defense agency, headed by a Director with assistance from a Deputy Director. Makes the Agency the central R&D organization of DOD, with specified defense R&D duties.
Bill· HRH.R. 5795 (102nd)referred
United States · United States Congress · 6 August 1992
Business and Urban Partnership Act - Title I: Designation of Enterprise Zones - Amends the Internal Revenue Code to provide for the designation of tax enterprise zones by the Secretary of Housing and Urban Development. Requires such zones to be within the jurisdiction of a qualified city and to have a required course of action designed to reduce the various burdens borne by employers or employees in the area. Requires the Secretary to report biennially to the Congress on the effects of enterprise zone designations. Provides for the coordination of such designations with relocation assistance programs and environmental policy. Title II: Federal Income Tax Incentives - Amends the Internal Revenue Code to allow a refundable tax credit to zone employers for 50 percent of the qualified expenses of: (1) employee accident or health plan coverage; (2) employee dependent care assistance; and (3) employee job training expenses. Allows employers to treat the cost of qualified zone property as an expense which is not chargeable to capital account. Allows such cost as a deduction for the year in which the property is placed in service. Allows an individual a deduction for the amount paid for the purchase of enterprise zone stock. Imposes an interest charge if such stock is disposed of within five years of its purchase. Limits enterprise stock in a corporation to $5 million. Requires the allocating commission of an enterprise zone to make allocations of credit amounts, expense treatment amounts, and zone stock deduction amounts. Provides for determining limitations on such amounts. Allows enterprise zone incentives in determining the alternative minimum tax. Title III: Regulatory Flexibility - Revises the definition of "small entity" for purposes of the analysis of regulatory functions to include qualified business, government, and nonprofit enterprises operating within enterprize zones. Provides for the waiver or modification of agency rules in enterprise zones in order to further the job creation, community development, or economic revitalization objectives within such zones. Authorizes the Secretary to convene regional and local coordinating councils of appropriate agencies to assist State and local governments in achieving the required course of action. Title IV: Establishment of Foreign-Trade Zones in Enterprise Zones - Requires enterprise zones to receive priority in the designation of foreign trade zones. Title V: Repeal of Title VII of the Housing and Community Development Act of 1987 - Repeals title VII (enterprise zone development) of the Housing and Community Development Act of 1987.
Bill· HRH.R. 5793 (102nd)referred
United States · United States Congress · 6 August 1992
Amends the Internal Revenue Code to require modification of the purchase price limits under the mortgage revenue bond program to reflect housing costs in Westchester County, New York.
Bill· HRH.R. 5790 (102nd)referred
United States · United States Congress · 6 August 1992
Repeals provisions of the Unemployment Compensation Amendments of 1992 which require 20 percent income tax withholding on eligible rollover distributions of pension plans which are not rolled over into eligible retirement plans. Requires the Internal Revenue Code to be applied as if such provisions had never been enacted.
Bill· HRH.R. 5776 (102nd)referred
United States · United States Congress · 5 August 1992
Amends the Internal Revenue Code to permit the issuance of tax-exempt bonds by organizations which provide rescue or emergency medical services.
Bill· SS. 3128 (102nd)referred
United States · United States Congress · 4 August 1992
Lifelong Learning Act of 1992 - Amends the Higher Education Act of 1965 (HEA) to revise student aid provisions to encourage lifelong learning. Eliminates restrictions on eligibility of less-than-half-time students for: (1) Pell Grants; and (2) student loans under the guaranteed (or Stafford, now called the Federal Family Education Loan) program (which also includes federally-insured, supplemental, and parent loans). Sets forth special rules for deferment and repayment of such loans by such students. Establishes a Lifelong Learning Line of Credit program. Authorizes the Student Loan Marketing Association (Sallie Mae) to originate loans for students enrolled at eligible institutions (including less-than-half-time students). Allows such student (and the parents of a dependent student) to borrow up to $25,000 in the aggregate. Prohibits such loans from exceeding the student's cost of attendance for the period of enrollment. Includes the establishment of income-contingent repayment schedules as part of the agreement for such loan program between the Secretary of Education (the Secretary) and Sallie Mae. Authorizes the Secretary to allow, through regulations, eligibility for such loan program participation by a variety of training providers (in addition to those currently eligible under HEA), such as community-based organizations, public or private agencies, and private sector employers, as long as there are adequate controls on program integrity and accountability and such participation only supplements current expenditures for training by such providers. Revises student eligibility provisions to allow less-than-half-time students to receive guaranteed or supplemental student loans or loans under the Lifelong Learning Line of Credit if they are enrolled in: (1) a program of study leading to a degree or certificate; or (2) training designed to prepare students for gainful employment in a recognized occupation. Directs the Secretary to study the feasibility of using advanced automated technology to integrate the multiple data systems relating to benefits available to students under Federal postsecondary education and training programs and to report the findings to the Congress within one year. Authorizes appropriations. Modifies the definition of independent student in order to ensure the budget neutrality of this Act. Raises the age at which a student is automatically considered to be independent from 24 to 26. Eliminates certain requirements for declarations from graduate, professional, and married students regarding parental tax information. Adds to the requirements which a single undergraduate student with no dependents must meet in order to establish independent student status. Authorizes student financial aid administrators, in unusual circumstances, to make a documented determination that an individual who meets certain requirements for independent status is still a dependent student.
Bill· HRH.R. 5769 (102nd)referred
United States · United States Congress · 4 August 1992
Small Business Revitalization and Job Growth Act of 1992 - Title I: Amendments to Securities Acts - Amends the Securities Act of 1933 to increase from $5,000,000 to $10,000,000 the aggregate amount of an issue of securities that may be exempted by the Securities and Exchange Commission (SEC) from the regulatory requirements of such Act. Amends the Investment Company Act of 1940 (the ICA) to exempt from the definition of an investment company any securities issuer whose outstanding securities are owned exclusively by persons who, at the time of acquisition, are qualified purchasers, except that such issuer shall be deemed an investment company for purposes of limitations governing the purchase by such issuer of any security issued by a registered investment company and the sale of any security issued by a registered open-end investment company to such issuer. Defines as a "qualified purchaser" under the ICA any person whom the SEC has determined does not need the protections of the ICA, taking into consideration financial sophistication, net worth, and certain other financial knowledge and experience. Revises the definition of the beneficial ownership of securities for purposes of the ICA. Provides an additional exemption from the definition of an investment company under the ICA in the case of any company that is not engaged in the business of issuing redeemable securities and the operations of which are subject to regulation by the State in which it is organized under statutes governing entities that provide financial or managerial assistance to enterprises doing or proposing to do business primarily in such State if: (1) the purpose of such company is limited to the provision of such assistance; (2) at least 80 percent of the securities being offered for sale by such company represent persons who reside or have a substantial business presence in such State; (3) the securities are sold to accredited investors or other persons that the SEC may permit to purchase such securities; and (4) the company does not purchase any security issued by an investment company, or by a company that would be an investment company except for the exclusions from the definition of an investment company, other than investment-grade securities or securities required by its investment policies to invest in investment-grade or comparable securities. Requires any company proposing to meet such exemption to file with the SEC a notification of intent to do so, subject to SEC approval. Amends the ICA to: (1) increase from $100,000 to $10,000,000 the aggregate sums received by a closed-end investment company for the sale of its securities plus the value of remaining securities allowed to be held while still being exempted from provisions regulating investment companies; (2) include within the definition of "eligible portfolio company" any issuer that has total assets of not more than $4,000,000, and capital and surplus in excess of $2,000,000, allowing the SEC to adjust such figures to reflect changes in generally accepted indices for small businesses; (3) provide that a business development company, in order to be so considered, need not make available significant managerial assistance with respect to eligible portfolio companies or to any other company that meets such criteria as the SEC may permit; (4) allow acquisition by business development companies of the securities of eligible portfolio companies; (5) allow business development companies to issue without condition more than one class of senior securities representing indebtedness; (6) allow such companies to issue warrants, options, or other rights to convert securities to voting securities either alone or accompanied by securities; and (7) prohibit such warrants, options, or other rights of business development companies from being separately transferable unless no class of such rights and the securities (currently, senior securities) representing them has been publicly distributed. Title II: Credit Relief - Amends the Small Business Act to provide that the amount of deferred participation loans authorized under such Act shall: (1) mean the net amount of the loan principal guaranteed by the Small Business Administration (SBA) and does not include any amount not guaranteed; and (2) be available for a national program, except that the SBA may use up to ten percent of the amount authorized each year for special or pilot programs directed to identified sectors of the small business community or to specific U.S. geographic region. Increases the amount the SBA is authorized to make in deferred participation loans and other financings to small businesses, and, from such authorized sums, the amount authorized to make general business loans for specified purposes under the Small Business Act and the Small Business Investment Act of 1958. Directs the Secretary of the Treasury, the Director of the Congressional Budget Office, and the Chairman of the SEC, in consultation with the SBA Administrator, to conduct a study of the potential benefits of, and legal, regulatory, and market-based barriers to, developing a secondary market for commercial real estate mortgage loans and loans to small businesses. Outlines study consideration requirements. Requires a report. Directs the chief executive officer of the Resolution Trust Corporation (RTC) to conduct a study and report to the Congress on the impact of its commercial real estate loan securitization program and the impact of the RTC's programs on the commercial real estate mortgage loan and small business loan secondary market. Directs the SBA Administrator to simplify the application process for a small business concern to receive a loan guarantee under the Small Business Act, including loan applications in connection with an additional loan guarantee application that is filed not later than two years after the initial application is filed. Title III: Capital Formation - Enterprise Capital Formation Act of 1992 - Amends the Internal Revenue Code to allow a deduction for gain on investments in new small business stock (seed capital) held for at least five years. Establishes special rules for such investments. Provides for determining the maximum capital gains rate for small business net capital gain or seed capital gain. Treats capital gains on the sale of such stock as a preference item for purposes of the minimum tax. Title IV: Health Care Provisions - Subtitle A: Small Business Purchasing Groups - Defines a "qualified small employer purchasing group," for purposes of this Subtitle, as an entity that the Secretary of Health and Human Services determines: (1) is administered solely under authority and control of its member employers; (2) has as its membership solely small employers; (3) with respect to each State in which its members are located, consists of no fewer than 100 employers; (4) has member employers whose health care insurance plans are in compliance with applicable State law and model benefits plans and are not self-insured plans; (5) will be a nonprofit entity; and (6) has a board of directors with full authority to act on the part of the group. Directs the board of directors of the small employer purchasing group to: (1) establish geographic areas within which participating carriers may offer health care insurance coverage to eligible employees and dependents; and (2) enter into contracts with qualified carriers for providing health insurance coverage to eligible employees and dependents, and to pay such carriers on at least a monthly basis at the contracted rates. Outlines provisions relating to: (1) general qualifications of carriers, including financial solvency; (2) program standards, including review of the quality and appropriateness of care covered; (3) uniformity of benefits; (4) the collection of insurance premiums from small employers; (5) notification from the board to employers of the availability of sponsored health insurance coverage from the program; and (6) conditions of participation in the program, including a requirement that an entity is a valid small employer and not formed solely to secure health insurance coverage. Finds that qualified small employer purchasing groups organized to obtain health insurance for its employer members affect interstate commerce, and that no State law shall preempt provisions of the model benefit health insurance plan as outlined above. Amends the Internal Revenue Code to define the amount of the employer health insurance credit for a taxable year for Federal income tax purposes. Prohibits the taking of both a credit and a deduction for health insurance premiums paid under the model plan. Subtitle B: Deductible Health Insurance Costs for Self-Employed Individuals - Amends the Internal Revenue Code to increase from 25 to 100 percent the allowable deduction of health insurance costs for self-employed individuals and their spouses and dependents. Makes such increased deduction permanent (currently ends December 31, 1992). Subtitle C: Improvements in Health Insurance for Small Employers - Adds a new Title XXI to the Social Security Act entitled "Standards for Small Employer Health Insurance and Certification of Managed Care Plans." Treats as meeting the requirements of title XXI an insurer offering a health insurance plan to a small employer in a State on or after January 1, 1994, if: (1) the Secretary of Health and Human Services determines that the State has be established a regulatory program that provides for the application and enforcement of appropriate requirements under this title; and (2) the State has not established such a program or if the program has been decertified by the Secretary, the health plan has been certified by the Secretary as meeting the requirements of part B of title XXI. Provides an extension of the date by which a regulatory program must be adopted by a State for States requiring legislation to be passed and which has a legislature which does not meet in 1993 in a legislative session. States that requirements under title XXI shall not apply to pre-existing health insurance plans. Requires each State to report to the Secretary on the implementation and enforcement of standards with respect to health insurance plans offered to small employers. Allows State standards more stringent than the requirements of title XXI. Directs the Secretary to require the National Association of Insurance Commissioners (NAIC) to: (1) develop specific standards for small employer health insurance plans; and (2) report to the Secretary on implementation. Directs the Secretary to develop appropriate standards if the NAIC fails to do so. Requires such standards to provide alternative standards for guaranteeing the availability of health insurance plans for all small employers in a State. Directs the Secretary to periodically review State regulatory programs, allow a State to adopt a plan of correction if necessary, and to decertify a State program and assume program responsibility, if necessary. Directs the Comptroller General to periodically audit sample State regulatory programs. Defines a "small employer" for purposes of title XXI as an employee who employs more than one but less than 51 employees on a typical business day. Requires each health insurer to register with the applicable regulatory authority for each State in which it issues or offers a health insurance plan to small employers. Prohibits such insurer from excluding any eligible employee, or their spouse or dependent, under a plan, with the exception of waiting periods required generally under health insurance coverage. Requires insurers offering a health insurance plan to small employers in a State to meet the standards for such insurance adopted by such State. Outlines provisions concerning: (1) State standards on the guaranteed availability of small employer health insurance; (2) the State adopted of a regulatory program for such standards; (3) standards for guaranteed insurance availability for States not adopting such standards; (4) appropriate grounds for refusal by an insurer to renew, and for termination of, a health insurance plan (including nonpayment of premiums, fraud or misrepresentation, of failure to maintain minimum participation rates); (5) authority of an insurer to require minimum participation rates; (6) guaranteed renewability of such insurance unless reasons enumerated in; (4) above, occur; (7) nonrenewability of health insurance by an insurer who elects to terminate all of the health insurance plans issued to small employers in a State; and (8) a prohibition against an insurer denying, limiting, or conditioning health insurance coverage based on health status, claims experience, receipt of health care, medical history, or lack of evidence of insurability of an individual. Allows a plan offered to a small employer under this title to exclude coverage with respect to a preexisting condition, but limits the period of such exclusion to six months. Reduces such authorized preexisting condition exclusionary period by one month for each month in which as individual was already in a plan of continuous coverage with respect to particular servies on the date of initial coverage of the new plan. Prohibits the base premium rate charged by an insurer for any block of business (all of the small employers within a health insurance plan issued by the insurer) from exceeding by more than 20 percent the base premium rate charged for any other block of business, with exceptions. Limits similarly the variation of rates charged during a rating period to small employers within the same block of business of an insurer when such employers have similar demographic characteristics. Provides that, in establishing premium rates for health insurance plans offered to small employers: (1) an insurer making adjustments with respect to age, sex, or geography must apply such adjustments consistently across all small employers; and (2) no insurer may use a geographic area smaller than a county or a certain zip code area. Places limitations on the transfer by an insurer of employers among blocks of business, requiring employer consent. Limits to five percent over the base premium rate the percentage increase in the premium rate authorized to be charged to a small employer for a new rating period. Requires an insurer, at the time of offering a health insurance plan to a small employer, to fully disclose specified information relating to the insurer's rating practices with respect to small employers under a plan, and the insurer's right to change premium rates. Requires at least 60 days' prior notice of the renewal terms of a plan about to expire. Requires each participating insurer to file with the applicable regulatory authority a written actuarial certification of insurer compliance with standards and requirements of this title. Outlines the basic medical benefits which must be included in a benefits package offered by an insurer to small employers in a State as part of the health insurance plan. Requires such insurer to offer a managed care plan to such small employers if the insurer offers a managed care plan in such State to employers that are not small employers. Provides for cost sharing (premiums, deductibles, copayments) and out-of-pocket limits for health insurance plans containing basic benefit packages. Preempts State-mandated benefit packages in favor of the benefits package described in the small employer health insurance plan. Amends the Internal Revenue Code relating to taxes on group health plans to impose upon any person issuing a health insurance plan to a small employer a tax on the failure to meet at any time the applicable requirements of title XXI of the Social Security Act (as added by this Act). Directs the Secretary of Health and Human Services to determine whether a person meets such requirements. States that such tax shall be 25 percent of the gross premiums on health insurance plans issued to a small employer during a taxable year. Treats corporations which are members of the same controlled group of corporations as one person for purposes of such tax, as well as partnerships and proprietorships under common control. Waives the application of such tax where the failure to meet such requirements: (1) could not have reasonably been discovered; and (2) is corrected within 30 days of discovery. Allows the Secretary to waive all or part of such tax in the case of a failure due to reasonable cause and not to willful neglect. Makes nondeductible for income tax purposes any tax so imposed. Direct the Comptroller General to study and report to the Congress on the standards for rating practices and the requirements for benefit packages established under the new title XXI of the Social Security Act, as well as on certain other aspects of insurance offered to small employers under this Act. Requires the Comptroller General to include as part of such report any recommendations for adjusting rating standards under title XXI to eliminate variation in premiums. Subtitle D: Improvements in Portability of Private Health Insurance - Amends the Internal Revenue Code to impose an excise tax on any person or group health plan that fails to satisfy the preexisting condition requirements of group health insurance plans as enumerated under title XXI of the Social Security Act. Makes such tax $100 for each day of noncompliance. Outlines actions to be taken in order for a failed requirement to be considered corrected. Waives the application of such excise tax where the failure to meet such requirements: (1) could not have reasonably been discovered; and (2) is corrected within 30 days of discovery. Allows the Secretary to waive all or part of such tax in the case of a failure due to reasonable cause and not to willful neglect. Stats that group health plans: (1) may not deny, limit, or condition coverage based on health status, claims experience, receipt of health care, medical history, or lack of evidence of insurability of an individual; and (2) may exclude coverage with respect to the treatment of a preexisting condition, limiting the period of exclusion to six months. Reduces such authorized preexisting condition exclusionary period by one month for each month for each month in which an individual was already in a plan of continuous coverage with respect to particular services on the date of initial coverage in the group health plan. Requires any person who had provided previous coverage during a period of continuous coverage with respect to a covered individual to disclose to the group health plan the coverage and benefits provided to such individual. Subtitle E: Health Care Cost Containment - Amends title XXI of the Social Security Act to add a new Part entitled "Federal Certification of Managed Care Plans." Directs the Secretary of Health and Human Services to establish a process for certification of managed care plans and utilization review programs meeting the requirements of this Part. Defines a "utilization review program" as a system of reviewing the medical necessity, appropriateness, or quality of health care services and supplies provided under a health insurance plan or a managed care plan using specified guidelines. Defines a "managed care plan" as a plan operated by a managed care entity that provides for the financing and delivery of health care services to persons enrolled in such plan through: (1) arrangements with selected provders; (2) explicit standards for the selection of participating providers; (3) organizational arrangements for ongoing quality assurance and utilization review programs; and (4) financial incentives for persons enrolled in the plan to use the participating providers and procedures provided for by the plan. Defines related terms. Directs the Secretary to: (1) establish procedures for the periodic review and recertification of qualified managed care plans and qualified utilization review programs; and (2) terminate such certification when such plan or program no longer meets the applicable requirements for certification. Permits certification through the recognition of a State licensure program or national accreditation body that establishes requirements at least equivalent to the requirements under this part. Directs the Secretary, in consultation with the Health Care Cost Commission, to establish Federal standards for the certification of qualified managed care plans and qualified utilization review programs. Requires such standards to first established within two years after enactment of this Subtitle. Directs the Secretary to periodically review and update such standards, as appropriate. Prohibits the imposition by State law or regulation of specified limitations and restrictions on qualified managed care plans and qualified utilization review programs, with exceptions. Extends to January 1, 1992, the date by which the Administrator of Health Care Policy and Research must develop an initial set of guidelines and standards with respect to treatments and conditions that constitute a significant portion of national health expenditures. Directs the Administrator, in consultation with the National Institute of Mental Health and mental health providers, to develop outcomes research and practice parameters for mental health services, including diagnosis and treatment of childhood attention deficit syndrome disorders and manic depression. Amends the Social Security Act with respect to research on outcomes of health cre services to change from 70 to 50 percent of authorized FY 1993 and 1994 funds for such research the amount to be obtained from the Federal Hospital Insurance Trust Fund and the Federal Supplementary Medical Insurance Trust Fund. Increases the general authorization of FY 1992 through 1994 funds under such Act for such purpose. Subtitle F: Medical Liability Reform - Chapter 1: Definitions and Findings - Finds that the health care and insurance industries are industries affecting interstate commerce, and that the medical malpractice litigation system throughout the United States affects interstate commerce by contributing to the high cost of health care and premiums for malpractice insurance purchased by health care providers. Chapter 2: Expedited Medical Malpractice Settlements - Allows any claimant to bring a civil action for damages for harm caused during the provision of medical care pursuant to applicable State law, except to the extent that such law is superseded by this Chapter. Allows any claimant to file with the claim for damages a settlement offer for a specific amount. Directs the defendant, within 60 days or the time permitted by State law to respond to pleadings, whichever is longer, to make a settlement offer of a specific amount, except that if such pleadings include a motion to dismiss under applicable State law, the defendant may tender such relief to the claimant within ten days after the determination of the court regarding such motion. Provides for time extensions in certain cases. Outlines procedures for the rejection of settlement offers by the claimant and defendant in such cases. Provides for the calculation of attorney's fees in such cases by an hourly rate. Chapter 3: Alternative Dispute Resolution Procedures - Directs the Secretary of Health and Human Services to establish an Alternative Dispute Resolution Board of Advisors to make recommendations to the Secretary concerning the establishment of a model voluntary alternative dispute resolution program (dispute program). Directs the Secretary to approve a model dispute submitted by the Board, with any modifications that the Secretary deems appropriate. Directs the Secretary to develop and implement a program to encourage States to develop and implement voluntary alternative dispute resolution procedures that meet the requirements of this Subtitle. Requires each State to adopt its own dispute program or the Federal program submitted by the Board to the Secretary within two years after enactment of this Act. Provides that, with respect to a State that has a dispute program in effect, in lieu of or in addition to making a settlement offer a claimant or defendant may offer to proceed pursuant to the dispute program and its procedures. Creates a rebuttable presumption that a refusal by an offeree to proceed under a dispute program was unreasonable or not in good faith if the verdict is rendered in favor of the offeror. Chapter 4: Uniform Standards for Medical Malpractice Cases - Applies provisions of this chapter to any medical malpractice case brought in Federal or State court and any such case resolved through a dispute program. Provides that in either such action, no person may be required to pay more than $100,000 in a single payment for future losses, but such person shall be permitted to make such payments on a periodic basis. Limits in a civil medical malpractice action the total amount of damages that may be awarded for noneconomic losses resulting from an injury to $250,000, regardless of the number of health care professionals and providers against whom the claim is brought. Reduces the total amount of damages received under such limits by any other payment that has been made to the injured individual (i.e., other insurance). Places specified limits on attorney's fees authorizee to be collected under Chapter 4 actions. Provides that in either such action, the liability of each defendant for noneconomic damages shall be several only and not joint (requiring each such defendant to be liable only for their specific percentage of responsibility for the damages). Provides a statute of limitations with respect to such cases. Provides special medical malpractice liability provisions with respect to services provided during the delivery of a baby. Chapter 5: Uniform Disciplinary Reforms - Requires a State to comply with requirements of this chapter within two years after enactment of this Act. Directs each State to: (1) allocate the total amount of fees paid to the State in each year for the licensing or certification of each type of health care practitioner, or State funds equal to such amount, to the agencies responsible for the conduct of licensing and disciplinary actions with respect to such practitioners; and (2) permit the general public to be respresented on State health care practitioner disciplary boards. Provides immunity from liability for any member, consultant, witness, or other individual serving or having served on such a disciplinary board for either the board's operation or duties performed in good faith. Requires each State to have in effect within two years after enactment of this Act a Statewide risk management program to reduce the incidence of medical malpractice which meets any promulgated regulations. Directs each State to establish a health care disciplinary trust fund to provide resources to disciplinary boards for their functions and to provide additional resouces for State consumer protection activities. Chapter 6: Medical Products - Provides that punitive damages otherwise permitted by law shall not be awarded in an action against a health care producer of a drug or device that caused the harm complained of if the drug or device: (1) was subject to approval or premarket approval under applicable Federal regulations with respect to the safety of the formulation or performance of the drug or device, or the adequacy of the packaging or labeling of the drug or device; and (2) by the the Food and Drug Administration (FDA); or (3) is generally recognized as safe and effective pursuant to conditions established by the FDA. States that such provision shall not apply when the defendant: (1) withheld from, or misrepresented to, the FDA or other Federal agency official material and relevant information as to the performance of the drug or device; or (2) made an illegal payment to an FDA official to secure approval of the drug or device. Outlines provisions with respect to evidence, punitive damages, and positive defense to strict liability against the health care producers of the drug or device. Subtitle G: Uniform Claims Criteria - Directs the Secretary of Health and Human Services, after consultation with group health plan entities and health care providers, to develop uniform claims criteria for use by beneficiaries and health care providers in submitting claims under this Act an under title XXI of the Social Security Act. Provides a claims criteria deadline. Title V: Miscellaneous Provisions - Amends the Congressional Budget Act of 1974 to require the Director of the Congressional Budget Office to prepare an estimate, for that fiscal year and the succeeding four fiscal years, of the cost which would be incurred by small business in carrying out or complying with any bill or resolution which is likely to result in an average annual cost to a small business of $1,000 or more. Amends the Internal Revenue Code to provide that Federal provisions with respect to general notice requirements of proposed rule making shall apply to all rules and regulations prescribed by the Secretary under the Code. Directs the SBA Administrator to establish a panel to provide recommendations to the Congress for a uniform statutory definition of the terms "small business" and "small business concern." Directs the Administrator to report to the Congress on the panel's findings and recommendations. Directs the Council of Economic Advisers, at the request of the Chief Counsel for Advocacy of the SBA, to review the appropriateness of any determination made by the head of a Federal agency with respect to the results of a regulatory flexibility analysis (the impact of a proposed rule or regulation on small entities) required before implementation of a proposed rule or regulation. Directs the Council, upon review completion, to notify the President, the Chief Counsel, and the affected agency of its review determination, and to require the affected agency to modify its analysis, if found necessary. Expresses the sense of the Congress that the Regulatory Flexibility Act, an Act designed to protect small business from excessive Federal regulation, is of significant importance to small business, and that Federal department and agency heads, as well as the Chief Counsel, must take all appropriate steps to ensure compliance with and enforcement of such Act. Expresses the sense of the Congress that each Federal agency that issues rules, regulations, or orders which affect small business concerns or otherwise has some relationship with or affects small business concerns or that otherwise has some relationship with or affects small business should appoint one individual to serve as a small business ombudsman for that agency. Requires such ombudsman to represent the issues of small business to such agency, assist in the arbitration of disputes between agencies and small business concerns, and make certain reports to the Congress and the SBA Administrator. Expresses the sense of the Congress that the Chief Counsel for Advocacy of the SBA should be permitted to appear as amicus curae (friend of the court) in any action or case brought in a U.S. court for the purpose of reviewing a rule.
Bill· HRH.R. 5761 (102nd)referred
United States · United States Congress · 4 August 1992
Sanctions Against South Africa Act of 1992 - Prohibits: (1) the ownership of a share or interest in a business, commercial enterprise, or economic resource in South Africa by a U.S. person; (2) any commitment or transfer of financial or economic resources by a U.S. person to the Government of South Africa or any person in South Africa; and (3) the performance by a U.S. person of any contract in support of an industrial, commercial, public utility, or governmental project in South Africa. Bars the import into the United States of any: (1) goods or services of South African origin, other than publications and informational materials; and (2) South African krugerrand or other gold coin minted in South Africa or offered for sale by the South African Government. Prohibits the export to South Africa, with certain exceptions, of goods, technology, or services from the United States. Bars: (1) transactions by a U.S. person relating to transportation to or from South Africa; (2) the provision of transportation to or from the United States by any South African person or any vessel or aircraft of South African registration; and (3) the sale in the United States by any person holding authority under the Federal Aviation Act of 1958 of any transportation by air which includes a stop in South Africa. Amends the Internal Revenue Code to deny foreign tax credits with respect to taxes paid to South Africa beginning on January 1, 1993, and ending on the date the Secretary of State certifies to the Secretary of the Treasury that sanctions under the Sanctions Against South Africa Act of 1992 have been terminated. Prohibits assistance (other than humanitarian assistance) to South Africa under the Foreign Assistance Act of 1961 and the Arms Export Control Act. Makes prohibitions under this Act inapplicable with respect to victims of apartheid. Prescribes criminal penalties for violations of this Act. Authorizes the President to modify or waive the prohibitions of this Act if he certifies to the Congress that such action is in the national interest and the Congress enacts legislation approving the action. Terminates the prohibitions of this Act if: (1) the President certifies to the Congress that a democratically-elected nonracial national government is established in South Africa; and (2) the Congress enacts legislation approving such certification. Expresses the sense of the Congress that the United States should provide specified assistance to South Africa upon the establishment of a democratically-elected nonracial government in such country.
Bill· HRH.R. 5773 (102nd)referred
United States · United States Congress · 4 August 1992
Amends the Internal Revenue Code to allow all individuals with adjusted income tax liability to designate on their tax returns that a portion of such liability (not to exceed ten percent) be used to reduce the public debt. Establishes a Public Debt Reduction Trust Fund for the deposit of designated amounts. Makes amounts in such Trust Fund available only to pay at maturity, or to redeem or buy before maturity, any obligation of the Federal Government included in the public debt. Prohibits the reissuance of any obligation which is paid, redeemed, or bought with amounts from the Trust Fund. Amends the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) to provide for the sequestration of amounts designated to the Trust Fund. Specifies accounts exempt from such sequestration. Includes aggregated amounts designated to the Trust Fund and amounts sequestered to reduce the public debt in sequestration preview and final reports.
Bill· HRH.R. 5774 (102nd)referred
United States · United States Congress · 4 August 1992
Prohibits the imposition of the estate tax on generation-skipping transfers with respect to property transferred from a certain estate.
Bill· HRH.R. 5765 (102nd)referred
United States · United States Congress · 4 August 1992
Amends the Internal Revenue Code to exempt from the estate tax on generation-skipping transfers certain transfers to grandchildren of deceased siblings of the transferor.
Bill· HRH.R. 5757 (102nd)referred
United States · United States Congress · 4 August 1992
International Cooperation Act of 1992 - Title I: Economic Assistance - Amends the Foreign Assistance Act of 1961 to revise policy provisions concerning economic assistance. Sets forth the objectives of U.S. economic cooperation policy and development and economic assistance programs as the: (1) alleviation of poverty through the development of human resources; (2) promotion of broad based economic growth; (3) improved environmental, natural resource, and agricultural management to achieve environmentally and economically sustainable patterns of development; and (4) promotion of democracy, respect for human rights, and political, social, and economic pluralism. Authorizes appropriations for FY 1993 for development assistance. Declares that the Administrator of the agency primarily responsible for administering this title (administering agency) should target a specified amount of such funding for agriculture, rural development, and nutrition assistance. Authorizes appropriations for FY 1993 for population planning and health, education, and human resources assistance. Declares that the Administrator should target specified amounts of human resource development funding for child survival activities and for the prevention and control of acquired immune deficiency syndrome (AIDS). Repeals provisions concerning contributions to the International Fund for Agricultural Development. Permits funds authorized to be appropriated for human resources development to be used for assistance to meet the needs of individuals with disabilities and displaced children who have been abandoned or orphaned as a result of poverty or disasters. Authorizes the use of agriculture, rural development, and nutrition assistance for strengthening and expanding marine fisheries and aquaculture programs. Provides that funds made available for family planning projects shall be available only for projects which offer a broad range of family planning methods and services. Authorizes the President to furnish assistance for the prevention and control of AIDS. Revises provisions concerning private sector, environment, energy, and other development assistance. States that Appropriate Technology International qualifies for U.S. development assistance. Declares that a specified amount of economic support assistance should be made available for such organization. Authorizes assistance to be provided to developing countries to support private sector activities meeting specified criteria. Permits the President to issue guarantees assuring against losses incurred in connection with loans made for such activities. Sets forth terms and conditions for such guarantees. Authorizes the President to make direct loans for such activities, subject to certain conditions. Establishes ceilings for direct loans and for contingent liability for guarantees. Authorizes appropriations for FY 1993. Declares that beneficiary countries should bear a share of the costs of development assistance programs under this Act. Requires the Administrator to ensure that: (1) development assistance activities incorporate the active participation of local women; (2) sex-disaggregated data is included in country development strategy statements for major sectors in which assistance is to be provided and in project papers and program assistance approval documents; (3) programs are designed so that the percentage of women who benefit from such assistance exceeds the approximate transitional level of participation of women in the sector for which assistance is being provided; and (4) program assistance evaluations include an assessment of the extent to which women are participating in the activity and the impact of the activity on the self-reliance of women and improving their incomes. Requires a specified amount to be made available each fiscal year as matching funds to support activities of the missions of the agency which demonstrate potential for integrating women into programs. Increases the percentage of funds to be made available or channeled for each fiscal year (currently, FY 1986 through 1989) to private and voluntary organizations for specified development activities. Authorizes the Administrator to support and encourage development education programs. Requires the Administrator to establish a program performance evaluation capacity to: (1) develop a program performance information system to afford the administering agency's managers a means for monitoring achievement of impact and interim performance of the agency's major programs; (2) prepare and disseminate reports on the agency's progress in meeting development objectives for major assistance categories and recipient countries; (3) strengthen the implementation of foreign assistance projects; and (4) coordinate with the Inspector General of such agency to ensure complementarity of efforts. Directs the President to report annually to the Congress on: (1) progress toward achieving the four basic objectives set forth under this title; and (2) a country-by-country analysis of the impact on economic development in each country during the preceding three to five years of U.S. economic assistance programs, with a discussion of U.S. interests that were served by such assistance. Authorizes appropriations for FY 1993 for American schools, hospitals, and libraries abroad. Raises the ceiling on the principal amount of housing guaranties authorized to be issued under the worldwide shelter program. Continues the authority of the housing guaranty program through FY 1993. Repeals provisions concerning the issuance of guaranties for projects using solar energy technology and agricultural and productive credit and self-help community development programs. Requires fees to be charged for housing guaranties. Raises the ceiling on the total face value of guaranties authorized to be issued with respect to any country and on the average face value of guaranties in any fiscal year. Provides that the principal amount of guaranties issued shall be comparable to the amount issued for FY 1984, subject to dollar value limitations. Authorizes appropriations for FY 1993 to pay the cost of guaranties with a specified face value and for administrative expenses of the housing guaranty program. Authorizes the issuance of guaranties in connection with loans made for housing and infrastructure in Israel for emigres from the Soviet Union and its successor states. Exempts such guaranties from specified limitations on principal amount, amount of guaranties per country, or average face value. Removes restrictions on Overseas Private Investment Corporation (OPIC) loans for mining operations. Repeals provisions that limit OPIC equity investments to countries in Subsaharan Africa and the Caribbean basin. Increases the amount of OPIC's one-time transfer to the fund established to carry out its activities. Raises the ceiling on the maximum contingent liability for outstanding OPIC guarantees. Authorizes OPIC to draw specified amounts from a noncredit account fund to pay estimated subsidy costs of program levels for the loan guarantee and direct loan programs. Revises provisions concerning OPIC's insurance reserves. Authorizes OPIC to transfer a specified amount from the noncredit account revolving fund for administrative expenses of the direct loan and loan guarantee programs. Makes provisions concerning income and revenues applicable to income and revenues from OPIC's noncredit activities (currently, revenue and income from any source). Authorizes (currently, requires) OPIC to charge fees for its services. Requires investors in projects receiving OPIC financing to certify to OPIC that any contract for the export of goods as part of a project requires that U.S. insurance companies have a fair and open opportunity to provide insurance against risk of loss of the export. Exempts from such requirement investors who do not have a controlling interest in a project. Directs the U.S. Trade Representative to report to the Congress on OPIC actions with respect to such certifications. Authorizes the President, acting through the Administrator, to provide assistance for microenterprises in developing countries. Directs the administering agency to establish specified criteria for determining the financial intermediaries that will receive such assistance. Requires a significant portion of such assistance to be used to support direct credit assistance by, and the institutional development of, financial intermediaries with a primary emphasis on assisting people living in absolute poverty, especially women. Outlines funding sources for such assistance. Permits the President, in order to generate local currencies for providing such assistance, to use development and economic support fund assistance to provide assistance to developing countries on a loan basis repayable in local currencies. Sets forth minimum levels of assistance to be provided under this Act. Requires the Administrator to develop a monitoring system to evaluate the agency's microenterprise development activities. Authorizes the President to use development and economic support assistance or assistance from the Development Fund for Africa to support human rights and activities to improve the performance of democratic institutions. Requires a substantial portion of such assistance to be provided to nongovernmental organizations. Prohibits such assistance from being used to influence the outcome of an election in any country. Permits Development Fund for Africa assistance to be used only for countries in Subsaharan Africa. Requires the President to report to specified congressional committees on activities designed to promote democracy that are funded by the Department of State, the Agency for International Development (AID), or the U.S. Information Agency (USIA), along with recommendations for ways to improve coordination of responsibilities among such agencies. Authorizes appropriations for FY 1993 for contributions to international organizations. Earmarks specified amounts of such funds for: (1) the United Nations Development Program; (2) the United Nations Children's Fund; (3) the United Nations Environment Program; (4) the Organization of American States (OAS), with an amount set aside for establishing an electronic network for the exchange of science and technology information among universities in OAS member countries; (5) the Special Program for Africa of the International Fund for Agricultural Development; (6) the United Nations Development Fund for Women; (7) the Intergovernmental Oceanographic Commission; and (8) the United Nations University Endowment Fund. Permits the President to continue U.S. participation in, and make contributions to, the International Fund for Agricultural Development. Applies evaluation and auditing procedures for the International Bank for Reconstruction and Development and the Asian Development Bank to the International Development Association, the International Finance Corporation, the Multilateral Investment Guarantee Agency, the Inter-American Development Bank, the Inter-American Investment Corporation, the African Development Bank, the African Development Fund, the Asian Development Fund, and the European Bank for Reconstruction and Development. Provides that if Israel is denied its right to participate in any United Nations agency, the United States shall suspend its participation in, and contributions to, any such agency until the denial of rights is reversed. Permits the President to use development or economic support assistance or assistance from the Development Fund for Africa for grants to, or contracts with, nongovernmental organizations to enable such organizations to: (1) purchase debt obligations owned by developing countries to commercial lending institutions or other private parties; and (2) cancel such obligations subject to the President's approval, to the extent that such countries make available assets or policy commitments to promote the objectives of this title. Authorizes grantees or contractees to retain interest earned on the proceeds of debt-for-development or debt-for-environment purchases or exchanges pending the disbursement of such proceeds and interest for the purposes for which assistance was provided. Authorizes appropriations for FY 1993 for international disaster assistance. Raises the ceiling on the amount that may be obligated against appropriations for use in providing such assistance. Limits the amount that may be obligated against appropriations for development assistance and assistance from the Development Fund for Africa. Authorizes appropriations for economic support fund (ESF) assistance for FY 1993 for: (1) Israel; (2) Egypt; (3) Turkey; (4) the International Fund for Ireland; (5) Cyprus (for a scholarship program, bicommunal projects, and measures aimed at the reunification of the island and designed to promote peace between the two communities on Cyprus); (6) Nepal; (7) the South Pacific Regional Program (with earmarked funds for scholarships for study at postsecondary institutions of education in the United States); (8) regional cooperative programs in the Middle East; and (9) other recipients or purposes. Redesignates the Trade and Development Program as the Trade and Development Agency. Revises the authorities of the Director of the Agency. Requires the Agency to disseminate information about its activities to the private sector. Sets forth the duties of the Inspector General of the administering agency with respect to the Agency. Authorizes appropriations for FY 1993. Authorizes appropriations for FY 1993 for operating expenses of the administering agency and its Office of the Inspector General. Directs the President to report annually to the Congress on: (1) progress toward achieving the four basic objectives set forth under this title; and (2) a country-by-country analysis of the impact on economic development in each country during the preceding three to five years of U.S. economic assistance programs, with a discussion of U.S. interests that were served by such assistance. Requires the President to maintain within the administering agency a Center for University Cooperation in Development and a Center for Voluntary Cooperation in Development. Provides that the respective purposes of such centers shall be to strengthen the partnership for development between the U.S. Government and: (1) U.S. and developing country institutions of higher education engaged in education, research, and public service programs relevant to developing countries; and (2) U.S. private voluntary organizations, cooperatives, and credit unions engaged in activities relevant to such countries. Directs the Administrator to establish an Advisory Committee on University Cooperation in Development and an Advisory Committee on Voluntary Cooperation in Development. Repeals provisions concerning the Board for International Food and Agricultural Development. Expresses the sense of the Congress that the President should continue to make efforts to improve the management of U.S. economic assistance programs. Requires the President to report to the appropriate congressional committees on the feasibility and impact on U.S. foreign policy and foreign assistance objectives of: (1) reducing the number of countries receiving economic assistance; and (2) improving coordination and management of U.S. economic assistance programs. Title II: Military Assistance and Sales and Related Programs - Chapter 1: Military Assistance and Related Programs - Revises policies and objectives of U.S. military assistance programs. Authorizes financing assistance to be provided on a grant or credit basis or as guaranties. Revises the President's authorities to furnish such assistance to remove the authority to detail members of the armed forces to foreign countries or to transfer funds to countries to meet obligations for payments for arms sales. Requires repayment of loans within twelve years, with exceptions. Establishes a minimum interest rate of five percent on credits. Exempts from appropriations charges defense articles or services that are made available under special drawdown authority. Authorizes financing for the procurement by leasing of defense articles from U.S. commercial suppliers to be provided to Israel and Egypt if there are compelling foreign policy or national security reasons for such articles being provided by lease rather than by government-to-government sale. Permits the financing of the procurement of defense articles and services not sold by the U.S. Government only if the country or international organization proposing to make such procurement has signed an agreement with the United States specifying the conditions under which the procurement may be financed. Requires sales under the Arms Export Control Act which are wholly paid from funds made available on a grant basis under this Act or were transferred or made available under former authorities prior to this Act's enactment to be priced to exclude the costs of salaries of members of the U.S. armed forces (other than members of the Coast Guard). Prohibits assistance from being furnished under this chapter in any case involving coproduction or licensed production outside the United States of any defense article of U.S. origin unless the President furnishes full information on the proposed transaction to the appropriate congressional committees. Prohibits the obligation of certain assistance for the procurement of: (1) any vessel of war built pursuant to a prime contract awarded to a foreign shipyard; or (2) any weapons system or other major system for a vessel of war built pursuant to such a contract awarded to a foreign rather than a U.S. shipyard because of unfair foreign competition. Exempts from such prohibition vessels of war built in the foreign country which is the recipient of such assistance or built pursuant to a prime contract signed before the effective date of this Act or procurement for the maintenance, repair, or replacement of such systems. Authorizes appropriations for foreign military financing for FY 1993 for: (1) Israel; (2) Egypt; (3) Turkey; (4) Greece; and (5) other recipients or purposes. Revises provisions concerning eligibility for the receipt of defense articles and services. Raises the ceiling on the amount of defense articles and services and military training to be drawn down under certain emergencies. Limits the amount of such articles, services, and training to be drawn down for purposes of international narcotics control and international disaster assistance. Directs the President to establish monitoring and auditing controls to make financed arms sales subject to requirements no less stringent in accountability than requirements of Federal Acquisition Regulation applicable to sales under the Arms Export Control Act relating to improper business practices and personal conflict of interest. Places a ceiling on the value of additions to stockpiles for FY 1993. Revises provisions concerning the location of stockpiles. Requires excess defense articles to be made available to maintain the military balance in the Eastern Mediterranean. Directs the President to ensure, over a three-year period beginning in FY 1993, that the ratio of the value of such articles made available for Turkey to those made available for Greece closely approximates the ratio of the amount of foreign military financing provided for Turkey to the amount provided for Greece. Authorizes the President to transfer excess defense articles to major drug transit countries for counternarcotics purposes. Amends the Arms Export Control Act to raise the ceiling on the aggregate acquisition cost to the United States of excess defense articles ordered by the President. Amends the Foreign Assistance Act of 1961 to remove a reporting requirement with respect to nonlethal defense articles furnished to foreign countries. Repeals provisions of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1990 concerning transfers of excess defense articles. Authorizes appropriations for FY 1993 for: (1) international military education and training; (2) peacekeeping operations; and (3) antiterrorism assistance. Declares that the President, in providing assistance under this Act, should take into account the cooperation provided by countries in matters connected with international terrorism. Directs the President to develop standards for monitoring defense articles and standards to provide assurance that: (1) the recipient is complying with U.S. requirements with respect to use, transfers, and security of such articles and services; and (2) such articles and services are not being misued. Requires proposed recipients of defense articles and services provided under U.S. military assistance and sales programs to: (1) permit observation and review by U.S. Government representatives with regard to the use and disposition of such articles and services; and (2) require any party that thereafter acquires such articles and services to so agree. Amends the Arms Export Control Act to revise requirements of a report by the President on military exports. Chapter 2: Foreign Military Sales Program - Amends the Arms Export Control Act to repeal a provision concerning purposes of military sales or leases. Requires the President to take the following steps to address financial management problems with respect to payments on account of foreign military sales: (1) certify that payments with respect to such sales are properly recorded by case and country; (2) improve the coordination and uniformity of the military services systems used to account for, control, and report upon the operation of the foreign military sales program; and (3) reconcile the discrepancies between reported disbursements and performance for all uncompleted foreign military sales agreements executed prior to March 1989. Directs the President to notify the House Foreign Affairs Committee and the Senate Foreign Relations Committee on the termination of any discrepancy reconciliation. Designates Australia, Egypt, Israel, Japan, New Zealand, and South Korea as major non-NATO allies. Provides that New Zealand shall be eligible for special treatment authorized for such allies only to the extent that the President notifies the appropriate congressional committees that such treatment is in the national security interest. Authorizes the President to make additional designations with advance notification to the appropriate congressional committees. Raises the threshold on the dollar amount of defense equipment or services on which the President is required to submit specified certifications. Revises provisions concerning presidential certifications and congressional procedures for certain arms transfers. Adds to the list of information required in the President's quarterly report on military exports information on all concluded defense coproduction agreements. Imposes sanctions on foreign parties to coproduction agreements that violate restrictions concerning unauthorized third party transfers or unauthorized dispositions of defense articles or services or technical data if the President notifies the Congress or the Congress determines by joint resolution. Lists such sanctions as: (1) the suspension of authority to produce defense articles abroad pursuant to such agreements; and (2) a prohibition on the issuance and approval of licenses with respect to the foreign party. Disqualifies for financing under the Foreign Assistance Act of 1961 for 12 months any contracts of a person convicted or debarred for a violation of international traffic in arms regulations under the Arms Export Control Act. Increases the amount of defense trade registration fees required to be credited to a Department of State account. Repeals provisions of the State Department Basic Authorities Act of 1956 concerning munitions control registration fees. Amends the Arms Export Control Act to require the President to review biennially and revise, as necessary, international traffic in arms regulations. Prohibits funds authorized by any Act from being made available to facilitate the sale of M-833 antitank shells or comparable shells containing a depleted uranium penetrating component to any country other than a NATO member or major non-NATO ally. Chapter 3: Technical and Conforming Amendments; Repeal of Obsolete and Inconsistent Provisions - Amends the Foreign Assistance Act of 1961 to apply termination of assistance provisions (with respect to violations of agreements providing defense articles or services) to defense articles or services provided under the Arms Export Control Act. Makes technical and conforming amendments to the Arms Export Control Act. Revises a provision regarding the Guaranty Reserve Fund and redesignates the Fund as the Foreign Military Loan Liquidating Account. Repeals provisions concerning: (1) information to the Congress on credit sales and guaranties; (2) the availability of funds for procurement of defense articles and services outside the United States; (3) discrimination; (4) restraint in arms sales to Subsaharan Africa; (5) foreign military sales credit standards; and (6) foreign military sales to less developed countries. Chapter 4: Transfers of Spoils of War - Spoils of War Act of 1992 - Permits spoils of war in the possession or control of the United States to be transferred to any other party only to the extent and in the same manner that property of the same type, if otherwise owned by the United States, may be so transferred. Title III: International Narcotics Control - Authorizes appropriations for FY 1993 through 1995 for international narcotics control. Revises provisions concerning international narcotics control. Exempts maritime law enforcement operations in archipelagic waters from a prohibition on U.S. participation in foreign police actions. Makes a prohibition on the use of narcotics control funds for the procurement of weapons or ammunition inapplicable (subject to congressional notification requirements) to: (1) weapons or ammunition for the defensive arming of aircraft used for narcotics control purposes; or (2) firearms and related ammunition provided to Department of State employees for narcotics control activities. Requires the President (currently, the Secretary of State) to maintain records on aircraft use under this title. Authorizes foreign military financing assistance under the Arms Export Control Act to be made available to finance the leasing of aircraft. Makes a prohibition on the use of narcotics control assistance to acquire real property inapplicable to the acquisition of real property by lease. Revises congressional reporting and certification requirements with respect to international narcotics control. Requires the President to notify the appropriate congressional committees annually of countries determined to be major drug transit or illicit drug producing countries. Repeals obsolete provisions of specified Acts. Makes prohibitions on the provision of assistance to foreign law enforcement agencies inapplicable, during FY 1992 through 1995, to: (1) transfers of defense articles and services for counternarcotics purposes; and (2) foreign military financing and international military education and training for narcotics-related purposes. Makes provisions of law that restrict assistance to countries inapplicable with respect to narcotics-related assistance, provided that the President notifies the appropriate congressional committees. Amends the Export-Import Bank Act of 1945 to add to the list of requirements for a waiver of a prohibition on guarantees or insurance for sales of defense articles or services that a country has complied with end use restrictions and does not engage in human rights violations. Title IV: Special Authorities, Restrictions, Reporting Requirements, Administrative and General Provisions, Definitions, and Conforming Amendments and Repeals - Chapter 1: Contingency and Other Special Authorities - Authorizes the President to provide assistance (other than foreign military financing or international military education and training) to a country that is: (1) emerging as a democracy; or (2) emerging from civil strife and has a democratically elected government or is making progress toward a democratic form of government. Raises the ceiling on funds available for unanticipated contingencies. Requires congressional notification prior to the transfer of funds between accounts. Prohibits the transfer of funds authorized for the costs of loan or guarantee programs in accordance with requirements of the Federal Credit Reform Act of 1990. Revises provisions concerning the special waiver authority of the President with respect to prohibitions on assistance. Raises the ceiling on the amount of assistance that may be allocated for national security interests for any one country unless such country is a victim of active (currently, Communist) aggression. Repeals provisions concerning U.S. obligations in West Germany and a certification by the President of inadvisability to specify the nature of the use of funds. Chapter 2: Restrictions on Assistance and Exemptions from Restrictions - Applies a prohibition on assistance for police training to the furnishing of excess defense articles for law enforcement purposes. Exempts from such prohibition: (1) international narcotics control assistance; (2) assistance in protecting and maintaining wildlife habitats and in developing wildlife management and plant conservation programs; (3) antiterrorism assistance; (4) specified assistance for law enforcement in Latin America and the Caribbean; and (5) other exempted assistance. Revises prohibitions concerning restrictions on assistance. Adds to the list of restrictions prohibitions on assistance for: (1) a country whose government engages in a consistent pattern of human rights violations; (2) a country whose elected head of government is deposed by military coup; (3) a country which is more than one year in arrears to the U.S. Government on any U.S. Government loan or credit under the Foreign Assistance Act of 1961 or specified provisions of the Arms Export Control Act; (4) projects designed to increase exports of agricultural, textile, or apparel commodities from developing countries if such exports would be in competition with U.S. exports or be expected to cause injury to U.S. exporters of the same or a similar commodity; and (5) a country that provides lethal military equipment to a government that has supported international terrorism. Authorizes the Foreign Claims Settlement Commission, at the request of the President, to evaluate the value of any property that is the subject of expropriation by a foreign country. Exempts from restrictions on foreign assistance (except for countries that support terrorism or violate human rights) assistance for: (1) the needs of individuals with disabilities or displaced children; (2) child survival activities; (3) the prevention and control of AIDS; (4) immunization and oral rehydration; (5) environmentally sound, sustainable resource management; and (6) efficient energy systems. Chapter 3: Reports - Revises provisions regarding: (1) U.S. assistance policies and human rights; and (2) congressional notification for program changes. Outlines required elements of annual congressional presentation documents on economic assistance. Chapter 4: Administrative and General Provisions - Revises provisions concerning the use of private enterprise for the procurement of commodities and defense articles. Authorizes the use of Federal facilities for technical assistance purposes when such facilities are not competitive with private enterprise. Revises provisions concerning procurement standards and procedures. Sets forth provisions concerning the generation and use of local currencies. Authorizes the President to adopt as a U.S. contract or obligation any contract with a U.S. or third-country contractor that had been funded with assistance prior to the termination of such assistance. Permits nongovernmental organizations to invest local currencies accrued as a result of economic assistance provided by this Act and other specified Acts and to use interest earned on investments for assistance purposes. Exempts funds for Israel and Egypt from any restriction on the availability of funds. Prohibits appointments to specific positions within the administering agency without the advice and consent of the Senate. Permits assistance funds to be used to reimburse Federal or State agencies, private and voluntary organizations, or institutions of higher education that detail employees for assistance programs that require special technical skills. Excludes such employees from applicable personnel ceilings during the detail period. Removes funding limitations on assistance for the construction of living quarters, offices, schools, and hospitals abroad and for assistance to schools educating dependents and personnel abroad. Requires the Administrator to ensure that for assistance projects there is displayed an acknowledgment that such projects were funded by the people of the United States. Revises provisions concerning discrimination against U.S. personnel. Chapter 5: Definitions - Sets forth specified definitions. Chapter 6: Conforming Amendments and Repeals - Makes technical and conforming amendments to specified Acts. Repeals specified Acts. Title V: Europe - Chapter 1: Support for East European Democracy Act - Amends the Support for East European Democracy (SEED) Act of 1989 to make eligible for SEED benefits any Eastern European country taking steps toward: (1) political pluralism and economic reform; (2) respect for human rights; and (3) a willingness to build a friendly relationship with the United States. (Currently, most SEED programs target Hungary and Poland.) Includes Albania, Lithuania, Latvia, and Estonia in the list of eligible countries. Extends specified structural adjustment, debt reduction, and stabilization assistance to such countries. Requires the President to support adoption of agricultural policies in eligible countries that are based on free-market policies and to discourage policies that distort market signals through protective import barriers or government export subsidies. Authorizes AID to provide assistance to support private sector development in Eastern Europe and U.S. participation in capital projects. Permits the President, acting through the AID Administrator, to use funds for labor market transition assistance to eligible Eastern European countries. Extends technical assistance and training for labor market transition assistance to eligible Eastern European countries. Removes a provision authorizing appropriations for Peace Corps programs in Poland and Hungary. Extends assistance for the development of Peace Corps and credit unions to eligible Eastern European countries. Applies provisions governing the use of Polish currency generated by agricultural assistance to local Eastern European currencies generated by such assistance. Repeals provisions concerning: (1) OPIC support for Poland and Hungary; (2) Trade and Development Program activities in Poland and Hungary; (3) tax treatment of loans with below market interest rates for Poland and Israel; and (4) the trade credit insurance program for Poland. Extends Export-Import Bank programs to Czechoslovakia. Urges the President to seek bilateral investment treaties with eligible Eastern European countries to establish a legal framework for U.S. investment in such countries. Extends educational and cultural exchange programs and the scholarship partnership program to eligible Eastern European countries. Removes funding provisions concerning the scholarship partnership program. Authorizes the AID Administrator to use funds available for the scholarship partnership program for scholarships to enable Eastern European students to study at American institutions of higher education in Europe. Makes a specified amount of nonconvertible Polish currencies held by the United States available for the Research Center on Jewish History and Culture of the Jagiellonian University of Krakow, Poland. Declares that the President should allocate a specified amount annually for NATO's plan for expanded East European participation. Extends assistance for the support of democratic institutions and environmental protection and energy efficiency activities to eligible Eastern European countries. Authorizes the President, acting through the AID Administrator and the Administrator of the Environmental Protection Agency, to provide assistance for environmental and energy activities in eligible Eastern European countries, with emphasis on assistance for policies encouraging and providing incentives for end-use energy efficiency and conservation and reliance on renewable energy resources. Requires the President to work with officials of the Government of Czechoslovakia to establish a regional program to facilitate cooperative activities to address the public health aspects of environmental degradation. Revises provisions concerning medical assistance to Poland. Authorizes the President, acting through the AID Administrator, to: (1) provide medical training, health care planning assistance, and other assistance to improve health care to eligible Eastern European countries; and (2) provide assistance to support the infrastructure for a housing sector in such countries. Directs the SEED Program coordinator to establish an Eastern European Business Information Center System to serve as a central clearinghouse and data resource service for U.S. and Eastern European businesses providing information relating to: (1) business conditions in Eastern Europe; (2) legal and regulatory information needed by U.S. companies seeking to do business in Eastern Europe; (3) investment and trade opportunities for U.S. companies; and (4) voluntary assistance efforts to Eastern European countries. Requires the SEED Program coordinator to make information accessible to local enterprises seeking trade with or investment from the United States through the establishment of Eastern European trade information centers. Declares that the President should establish American Business Centers to support American business initiative in Eastern Europe. Repeals a provision concerning economic and commercial officers at U.S. embassies and missions in Hungary and Poland. Authorizes and allocates appropriations for SEED programs for FY 1993. Sets forth provisions concerning the reallocation or reduction of such funds. Treats the Regional Environmental Center for Central and Eastern Europe in Budapest, Hungary, as an international organization for purposes of detailing U.S. Government personnel. Chapter 2: Other Provisions Relating to the Region - Authorizes additional appropriations for FY 1993 to carry out the Soviet-East European Research and Training Act of 1983. Revises reporting requirements under such Act. Condemns the resurgence of organized anti-Semitism and ethnic animosity in Romania. Urges the Government of Romania to speak out against anti-Semitism and work to promote harmony among ethnic and religious groups. Calls on: (1) the Romanian people to resist extremist organizations and strengthen the forces of tolerance and pluralism; (2) the Romanian Government to take steps toward greater respect for internationally recognized human rights; and (3) the President of the United States to ensure that progress by such Government in combating anti-Semitism and in protecting the rights and safety of its ethnic minorities shall be a significant factor in determining levels of assistance to Romania. Sets forth congressional findings with respect to the situation in Nagorno-Karabakh in Azerbaijan. Amends the Mutual Educational and Cultural Exchange Act of 1961 to establish the Andrei Sakharov Educational Exchange Program to facilitate cooperation in the fields of environmental protection and health sciences through exchanges of graduate students. Includes such exchange program in the list of actions to be taken under the SEED Act. Amends the Anglo-Irish Agreement Support Act of 1986 to remove a certification requirement and to revise reporting requirements. Title VI: Middle East - Makes ESF assistance to Israel available on a cash transfer basis. Requires the President to ensure that the level of such transfer does not cause an adverse impact on the total level of nonmilitary exports from the United States to Israel. Makes foreign military financing for Israel available on a grant basis. Makes certain amounts of such financing available for advanced weapon systems research and development and the procurement of defense articles and services. Permits ESF assistance for Egypt to include sector grants only if Egypt implements agreed upon reforms in the relevant sector. Permits specified law enforcement assistance to be provided to Egypt only through U.S. institutions of higher education or through the International Criminal Investigative Training Assistance Program of the Department of Justice. Requires foreign military financing for Egypt to be provided on a grant basis. Earmarks assistance allocated by AID for democratic initiatives and human rights for the growth of indigenous nongovernmental organizations that contribute to increased pluralism, democracy, and respect for human rights and the rule of law in the Middle East and North Africa. Earmarks ESF assistance for FY 1993 for the West Bank and Gaza Program. Declares that specified amounts of development assistance should be used to finance cooperative development and cooperative development research projects among the United States, Israel, and eligible East European countries. Expresses the sense of the Congress that the United States should support educational, cultural, and humanitarian activities that bring Israelis together with Palestinians living in the West Bank and Gaza. Sets forth U.S. policy with respect to Lebanon. Declares that specified amounts of ESF and development assistance should be made available for Lebanon. Prohibits assistance to Syria until the President reports to the appropriate congressional committees that the Government of Syria: (1) has demonstrated willingness to enter into negotiations with Israel; (2) does not deny its citizens the right to emigrate and does not impose taxes with respect to emigration; (3) no longer supports international terrorist groups; (4) is withdrawing its armed forces from Lebanon; (5) is no longer acquiring chemical, biological, or nuclear weapons and will not use weapons currently in its arsenal to threaten its neighbors; (6) is cooperating with U.S. antinarcotics efforts and taking steps to remove members of the government who are involved in the drug trade; and (7) has made progress in improving human rights. Expresses the sense of the Congress that the United States should encourage all Arab states to: (1) support efforts to achieve peace and stability in the Middle East and to settle the Arab-Israeli conflict; and (2) take specific steps with respect to Israel and terrorism. Directs the President to report to the appropriate congressional committees on: (1) the impact on Israel of U.S. commercial and government-to-government transfers of defense articles and services to the Middle East; and (2) policies being pursued and steps being taken to preserve Israel's qualitative edge. Amends the International Security and Development Cooperation Act of 1985 to revise U.S. policy with respect to the Palestine Liberation Organization (PLO). Restricts negotiations with the PLO until the PLO amends or supersedes its charter to reflect recognition of Israel and ceases the use of terrorism. Requires the President to report to the Speaker of the House and the chairman of the Senate Foreign Relations Committee on specified issues involving the PLO. Requires the President to report to the appropriate congressional committees on whether the Government of Kuwait has taken steps to: (1) end arbitrary arrest, torture, and other extrajudicial actions and bring to justice those responsible for such actions; (2) ensure that those detained have access to legal counsel, the right to an open and speedy trial, and other internationally recognized standards of due process; (3) allow the presence and activities of international human rights and humanitarian organizations; (4) comply with international law relating to deportations; and (5) ensure that the October 1992 elections are free and fair and permit universal suffrage. Expresses the sense of the Congress that: (1) U.S. businesses engaged in rebuilding Kuwait should use U.S. subcontractors and U.S. goods and services; (2) the Department of Commerce should monitor and encourage this policy; and (3) the President should seek appropriate United Nations Security Council action to establish an international tribunal to try all individuals who were involved in the planning or execution of war crimes and crimes against humanity during and after Iraq's invasion of Kuwait. Directs the President to report to the relevant congressional committees on any spoils of war that were obtained subsequent to August 2, 1990, and that were transferred to any party before the date of enactment of this Act. Expresses the sense of the Congress that: (1) the 1981 Israeli preemptive strike against the Iraqi nuclear reactor at Osirak was a legitimate and justifiable exercise of self-defense which also reduced the threat of Iraqi nuclear aggression against countries bordering Iraq; and (2) the United States should seek the repeal of United Nations Security Council Resolution 487 which condemned the strike. Title VII: Latin America and the Caribbean - Chapter 1: Central America and the Caribbean - Subchapter A: Central America - Declares that it shall be U.S. policy to: (1) support Central American countries in efforts to build democracy, restore peace, establish respect for human rights, expand economic opportunities, and improve living conditions; (2) support dialogue as the proper means of resolving armed conflicts in Central America; (3) assist in the implementation of, and secure international cooperation and support for, recommendations of the International Commission on Central American Recovery and Development; (4) support the United Nations Development Program for its Special Plan of Economic Cooperation for Central America; and (5) organize a partnership among donor countries and Central American countries to mobilize resources and promote a forum for dialogue on issues of development, democracy, social justice, and human rights. Prohibits military assistance under the Foreign Assistance Act of 1961 to Guatemala during FY 1993, except in connection with a peace agreement. Establishes the Lasting Peace Fund for Guatemala. Authorizes the President to transfer amounts available for military assistance to the Fund. Makes funds available only upon notification to the appropriate congressional committees that the Guatemalan Government and the Guatemalan National Revolutionary Unit have signed a peace agreement. Permits funds to be available for: (1) costs of retraining, relocation, and reemployment in civilian pursuits of former combatants and noncombatants affected by the conflict; and (2) costs of monitoring activities associated with the peace agreement. Prohibits the authorities of the Arms Export Control Act from being used to sell to the Guatemalan Government, or issue licenses for the export to Guatemala of: (1) weapons or ammunition; or (2) aircraft, unless the aircraft are unarmed and the Guatemalan Government has agreed that they will not be armed. Permits FY 1993 development and ESF assistance and assistance under the Agricultural Trade Development and Assistance Act of 1954 for Guatemala to be used only by civilian government agencies and nongovernmental organizations. Requires such assistance to be targeted for: (1) programs that address poverty, basic human needs, and environmental concerns; (2) the improvement of democratic institutions and the promotion of political pluralism; (3) the National Reconciliation Commission; (4) fiscal reform and administration; or (5) programs that promote trade and investment. Prohibits such assistance from being used for partisan political purposes or as an instrument of counterinsurgency. Waives assistance target requirements if the President notifies the appropriate congressional committees that Guatemala has made progress in eliminating human rights violations and in bringing to trial those responsible for major human rights cases. Declares that the President should: (1) take into account the extent to which the Nicaraguan Government has brought the armed forces under civilian control and undertaken investigations into, and prosecution of those responsible for, human rights violations prior to providing assistance for FY 1993; and (2) consider the extent to which foreign military financing for Nicaragua will further the goals of strengthening civilian control over the military, ending human rights abuses, and stemming the export of lethal military equipment prior to providing such financing for such fiscal years. Prohibits assistance under the Foreign Assistance Act of 1961 for FY 1993 from being available for: (1) the Sandinista Popular Army unless requested and authorized by the President of Nicaragua; and (2) any member of the Nicaraguan resistance who has not disarmed or is not abiding by the terms of the cease-fire and the addenda to the Toncontin Agreement. Waives provisions of law that prohibit assistance to countries in arrears on assistance payments to the United States with respect to assistance for Nicaragua. Expresses the sense of the Congress that the Nicaraguan Government should expedite the processing of claims by private citizens based on expropriation of property by the Sandinista Government. Authorizes a specified amount of ESF assistance for FY 1993 to be made available to carry out the Concerted Plan of Action in Favor of Central American Refugees. Expresses the sense of the Congress with respect to strengthening democratic legislatures in Central America. Declares that a specified amount of development and economic support assistance should be used for the Central American Journalism Program and Regional Administration of Justice Program's Center for the Administration of Justice to support democracy building activities in the region. Expresses the sense of the Congress that the President should: (1) begin negotiations with the Government of Panama to consider whether the two Governments should allow the permanent stationing of U.S. military forces in Panama beyond December 31, 1991; and (2) consult with the Congress throughout those negotiations. Subchapter B: The Caribbean - Amends the Foreign Assistance Act of 1961 to set forth the Caribbean Regional Development Act of 1992. Sets forth U.S. policy with respect to development and economic assistance for the Caribbean. Provides that priority in providing development assistance should be given to supporting indigenous democratic Caribbean institutions that represent and benefit the poor. Requires priority in the allocation of assistance to the Caribbean to be given to: (1) increased food production; (2) rural development; (3) community-based agro-industries; (4) small- and medium-sized farm and manufacturing enterprises; (5) the expansion of tourism; (6) regional integration; (7) the upgrading of technical and managerial skills; (8) support for renewable natural resources; (9) private sector development; (10) democratic development and the administration of justice; and (11) human services and human resources development. Directs the President, in providing assistance to a Caribbean country, to take into account whether the government of such country has failed to protect worker rights and is taking steps to implement laws that demonstrate advancement in providing such rights. Prohibits the administering agency from providing assistance for the use of any substance in a Caribbean country if such use is prohibited under the country's or U.S. public health laws. Declares that the agency should: (1) ensure the active participation of women in the development process; and (2) take into account the perspectives of the poor in the development process. Expresses the sense of the Congress that: (1) all assistance to the Haitian Government should remain suspended until democratic government is restored; (2) the United States should provide a specified amount of economic and development assistance to Haiti during FY 1993; and (3) if the assistance is suspended, the balance for any fiscal year should remain available as long as there are reasonable prospects of a return to democracy and constitutional government. Prohibits foreign military financing assistance for Haiti (except nonlethal assistance) during FY 1993. Encourages the Government of the Dominican Republic to improve respect for the human rights of Haitian laborers engaged in the sugar cane harvesting industry in the Dominican Republic. Withholds a specified amount of economic support assistance from the Dominican Republic until the President notifies the appropriate congressional committees of the steps taken by the Government of the Dominican Republic to improve such human rights. Declares that the President should consider increasing the Dominican Republic's allocation of the U.S. sugar quota and providing additional economic and development assistance if the Government of the Dominican Republic makes progress in specified matters concerning such laborers. Permits assistance under the Foreign Assistance Act of 1961 or the Agricultural Trade Development and Assistance Act of 1954 to be provided to the Government of Guyana only if the President reports to the appropriate congressional committees that such government is in power as a result of free and fair elections. Exempts from such restriction international narcotics control assistance or assistance for the holding of free and fair elections. Expresses the sense of the Congress that the President, following the submission of the report regarding Guyana, should provide assistance for Guyana under such Acts. Declares that a specified amount of assistance should be used to meet basic human needs. Applauds the actions of the United Nations Human Rights Commission of March 3, 1992 (concerning human rights in Cuba), and calls on the Government of Cuba to cooperate fully with the Commission. Prohibits the issuance of licenses for certain transactions involving U.S.-controlled firms in third countries and Cuba unless a license would be authorized for such transactions if undertaken by a firm organized under any State law. Applies such prohibition to a foreign subsidiary or affiliate of a domestic concern which is controlled in fact by such concern. Subchapter C: Provisions Relating to Both Central America and the Caribbean - Requires advance congressional notification for the transfer or issuance of licenses for the export of helicopters or military aircraft to any country in Central America or the Caribbean. Directs the Secretary of State to notify the appropriate congressional committees whenever any helicopters or other military aircraft are provided to such countries by any foreign country. Chapter 2: South America - Subchapter A: Andean Initiative - Authorizes appropriations for economic support assistance for FY 1993 for Bolivia, Colombia, Ecuador, and Peru. Requires priority in the use of funds for Bolivia and Peru to be given to support programs that focus on providing coca farmers with alternative sources of income. Declares that specified amounts of such assistance should be used for law enforcement assistance, protection against narco-terrorist attacks, and assistance for human rights offices in Bolivia, Colombia, Ecuador, and Peru. Authorizes appropriations for FY 1993 for foreign military financing assistance for Bolivia, Colombia, Ecuador, and Peru. Requires such assistance to be designed to: (1) enhance the ability of the recipient government to control illicit narcotics production and trafficking; (2) strengthen respect for human rights and the rule of law to control narcotics production and trafficking; and (3) assist the armed forces of the Andean countries in their support roles for such countries' law enforcement agencies. Permits the provision of such assistance only if: (1) such country has a democratic government; and (2) the government of such country does not engage in a consistent pattern of human rights violations. Permits such assistance to be used for certain law enforcement training and equipment for purposes of narcotics control efforts. Limits the amount of military and law enforcement assistance for Bolivia, Colombia, Ecuador, and Peru. Prohibits a Peruvian police organization that engages in a consistent pattern of human rights violations from being considered as a law enforcement unit. Permits assistance or the transfer of excess defense articles under this Act to Bolivia, Colombia, Ecuador, and Peru only if the President determines that: (1) such country is implementing programs to reduce the flow of cocaine to the United States; and (2) the armed forces and law enforcement agencies of such country are not engaged in a consistent pattern of human rights violations and the government of such country has made progress in protecting human rights. Exempts from the human rights condition assistance for programs providing coca farmers with alternative sources of income. Waives provisions of law that prohibit assistance to countries in arrears on loan payments to the United States with respect to narcotics-related assistance to such countries. Subchapter B: Other Provisions Relating to South America - Congratulates the Governments of Argentina and Brazil for taking certain steps with respect to nuclear nonproliferation. Chapter 3: Other Provisions Pertaining to the Region - Authorizes a specified amount of economic assistance for FY 1993 to be made available for efforts to deal with the cholera epidemic in Latin America. Amends the Foreign Assistance Act of 1961 to permit the delivery of military assistance and sales to the armed forces of a Latin American or Caribbean country with a civilian government only with the prior approval of the country's head of government. Makes law enforcement assistance available for countries with democratically-elected governments in Latin America and the Caribbean. Prohibits the use of such funds for: (1) lethal equipment; and (2) the participation of Department of Defense personnel and members of the U.S. armed forces in law enforcement training. Permits law enforcement training in the Caribbean to be provided only under the auspices of the Department of Justice Criminal Investigative Training Assistance Program. Earmarks funds for such assistance. Requires the Secretary to report to the Congress on the status and treatment of indigenous peoples in Latin America and the Caribbean. Authorizes the President to direct the AID Administrator to release the Institute Centroamericano de Administration de Empresas from an obligation to make payments on a specified Alliance for Progress loan. Title VIII: Enterprise for the Americas Initiative - Enterprise for the Americas Act of 1992 - Chapter 1: Foreign Assistance Act Debt Reduction - Supports improvement in the lives of the people of Latin America and the Caribbean through market-oriented reforms and economic growth with actions to promote debt reduction, investment reforms, community based conservation and sustainable use of the environment, and child survival and child development. Makes eligible for Enterprise for the Americas Facility (established pursuant to the Agricultural Trade Development and Assistance Act of 1954) benefits Latin American or Caribbean countries that: (1) have democratically-elected governments; (2) have not provided support for international terrorism; (3) cooperate on international narcotics control matters; (4) do not engage in a consistent pattern of human rights violations; (5) have in effect, received approval for, or are making progress toward, specified International Monetary Fund (IMF) arrangements and structural or sectoral adjustment loans from the International Bank for Reconstruction and Development or the International Development Association; (6) have put in place major investment reforms in conjunction with an Inter-American Development Bank loan or are implementing or making progress toward an open investment regime; and (7) have agreed with commercial bank lenders on a financing program for debt or debt service reduction. Authorizes the President to reduce the amount owed to the United States (as a result of concessional loans made pursuant to the Foreign Assistance Act of 1961 or predecessor foreign economic assistance legislation) by any country eligible for Facility benefits. Sets forth requirements with respect to the exchange of obligations, repayment of principal, and interest on new obligations issued by beneficiary countries. Requires beneficiary countries that enter into Americas Framework Agreements to establish Enterprise for the Americas Funds. Authorizes the Secretary to enter into Americas Framework Agreements concerning the operation and use of Americas Funds with countries eligible for Facility benefits. Directs administering bodies in each beneficiary country to administer the Americas Funds and to make grants. Requires grants from the Funds to be used for activities that link the conservation and sustainable use of natural resources with local community development and for child survival and development activities. Subjects grants of more than $100,000 to veto by the U.S. Government or the government of the beneficiary country. Redesignates the Environment for the Americas Board (established pursuant to the Agricultural Trade Development and Assistance Act of 1954) as the Enterprise for the Americas Board. Requires the Board to: (1) advise the Secretary on the negotiations of Americas Framework Agreements; (2) ensure that a suitable administering body is identified for each Americas Fund; and (3) review the programs, operations, and fiscal audits of administering bodies. Chapter 2: Export-Import Bank Debt Reduction - Amends the Export-Import Bank Act of 1945 to set forth provisions concerning the Enterprise for the Americas Initiative parallel to those set forth in chapter 1 of title VIII of this Act. Makes eligible for Facility benefits Latin American or Caribbean countries that: (1) have in effect, received approval for, or are making progress toward, specified IMF arrangements and structural or sectoral adjustment loans from the International Bank for Reconstruction and Development or the International Development Association; (2) have put in place major investment reforms in conjunction with an Inter-American Development Bank loan or are implementing or making progress toward an open investment regime; and (3) have agreed with commercial bank lenders on a financing program for debt or debt service reduction. Permits the President, for purposes of facilitating debt-for-equity, debt-for-development, or debt-for-nature swaps, to sell to any eligible purchaser any Export-Import Bank loan made to an eligible country before January 1, 1992. Authorizes appropriations. Chapter 3: Participation of the Inter-American Development Bank - Requires the Secretary of the Treasury to work closely with the management of the Inter-American Development Bank (IDB) to ensure the full implementation of the IDB's proposed investment sector reform program and the coordination of U.S. bilateral assistance programs with IDB efforts to enhance liberalization efforts in countries served by the IDB. Amends the Inter-American Development Bank Act to authorize appropriations for a contribution to the Enterprise for the Americas Investment Fund, provided that certain conditions are met. Requires U.S. assistance to the Fund to be disbursed only for the following purposes: (1) technical assistance for purposes of identifying and resolving domestic constraints to investment; (2) assistance to private enterprises; (3) assistance in building human capital, alleviating poverty, and reducing barriers to economic and social progress; and (4) assistance to support host country capacity for insuring the environmental soundness of investment activities. Limits the amount to be used for any of the preceding purposes. Requires the Secretary to instruct the U.S. representative to the Fund to vote against any action which may have an adverse environmental impact unless an environmental assessment is available at least 120 days before the vote. Makes Latin American or Caribbean countries eligible for Enterprise for the Americas Facility benefits eligible for Fund assistance. Chapter 4: International University for the Americas - Requires the Secretary of State to determine the most appropriate location for the International University for the Americas, an institution to be established for promoting economic integration and the strengthening of democratic institutions in the Western Hemisphere and for commemorating the 500th anniversary of the discovery of the Americas by Christopher Columbus. Authorizes a specified amount of development and economic support assistance for Latin America and the Caribbean to be made available for the University. Chapter 5: Reports - Directs the President to report annually to the Speaker of the House and the President pro tempore of the Senate on the implementation of this title. Title IX: Asia and the Pacific - Chapter 1: East Asia and the Pacific - Requires the President, in determining whether to furnish assistance or make sales of defense articles or services to Burma (Myanmar) during FY 1993, to make a specified certification with respect to international narcotics control in Burma and to take into account whether the Burmese Government has: (1) ceded legal authority to a civilian government as mandated by the 1990 elections; (2) released persons arrested for the peaceful expression of their political views; and (3) ceased harassment of persons and political parties attempting to exercise freedoms of expression, association, and assembly. Sets forth notification requirements with respect to certain assistance for Burma. Declares that the Congress would welcome decisions by the President to: (1) decline to negotiate a new textile agreement with Burma; (2) impose economic sanctions on Burma under the Customs and Trade Act of 1990; and (3) call upon industrialized countries to impose similar sanctions upon Burma. Authorizes certain development and economic support assistance to be available for: (1) training and education assistance for Burmese outside of Burma who are displaced as a result of civil conflict; and (2) activities which support democratic pluralism in Burma. Reaffirms that genocide is a crime under international law which the United States undertakes to prevent and calls upon the United Nations to take appropriate action for the prevention and suppression of genocide in Cambodia. Makes a specified amount of development and economic support assistance available for Cambodian civilians. Releases additional funds if the President notifies the Congress in accordance with reprogramming procedures. Makes an additional amount of development and economic support assistance available for humanitarian assistance to children and war victims in Cambodia. Authorizes the President to use development and economic support assistance funds to provide for the nonmilitary training of Cambodians in skills that would be used to support the peace agreement signed in October 1991. Requires the President to terminate assistance to any Cambodian organization that is cooperating with the Khmer Rouge in military operations. Directs the President to conduct an onsite assessment within Cambodia to determine requirements for the development of infrastructure and the eradication of explosive mines. Requires the President to report to the Speaker of the House and the President pro tempore of the Senate on all instances of military cooperation from January 1, 1991, through June 30, 1992, between the Khmer Rouge and any faction of the noncommunist resistance and all instances of human rights abuses by the Khmer Rouge. Prohibits the sale, and the issuance of licenses for export, to China of any item on the U.S. Munitions List for military end-users if the President determines that: (1) any U.S. defense article or technology was used in certain missiles or aircraft transferred to Algeria, Iran, Iraq, Libya, Pakistan, or Syria by China in contravention of the Arms Export Control Act; and (2) any chemical weapon or nuclear equipment or materials were transferred to such countries by China. Makes such prohibition inapplicable to the sale or export of systems or components designed for inclusion in civil products and controlled as defense articles only for purposes of export to a controlled country, unless the President determines that the intended recipient is the Chinese military or security forces. Prohibits the provision of FY 1993 foreign military financing assistance and assistance for international military education and training to Fiji unless the President certifies to the Congress that Fiji has held elections in which there has been broad participation by all communities. Expresses the sense of the Congress that the President should provide specified amounts to support humanitarian projects in Laos for efforts to resolve questions concerning Vietnam prisoners of war or those missing in action. Sets forth provisions concerning Malaysia's policy of denying first asylum to Indochinese asylum-seekers. Expresses the sense of the Congress that additional assistance should be provided for Mongolia in recognition of Mongolia's movement toward democracy and a free market economy. Amends the Foreign Assistance Act of 1961 to set forth the Multilateral Assistance Initiative for the Philippines. Expresses the sense of the Congress that: (1) the United States should participate with multilateral financial institutions and other bilateral donors in an economic reform and development program in the Philippines; and (2) a multiyear commitment of resources by the United States, donors, and such institutions and a reform effort and leadership role by the Government of the Philippines will be necessary to ensure economic growth in the Philippines and enhanced participation of the Filipino people in the democratic process. Authorizes the President to provide assistance to promote the goals of this Act. Links such assistance to progress by the Government of the Philippines in implementing its economic, structural, judicial, and administrative reform program. Authorizes appropriations. Limits the amount of appropriations for FY 1993. Expresses the sense of the Congress that prior to requesting additional amounts to carry out this Act, the President should take into account: (1) the progress being made by the Philippines toward achieving reform objectives; (2) the extent of participation by the bilateral donors and multilateral financial institutions; and (3) the efforts to coordinate the assistance program. Expresses the sense of the Congress that: (1) the coordination of objectives and programs by donors, institutions, and the Government of the Philippines is critical to the success of the multilateral assistance program; (2) all donors should simplify procurement and disbursement procedures to ensure that conditions on the provision or use of assistance are complementary; and (3) the Philippines should establish internal procedures that will ensure the most effective use of such assistance. Authorizes appropriations for FY 1993 for the South Pacific Regional Program. Earmarks an amount of such assistance for scholarships for study at U.S. postsecondary institutions of education. Expresses the sense of the Congress that: (1) the future of Taiwan should be settled peacefully, free from coercion, and in a manner acceptable to the Taiwanese people; and (2) good relations between the United States and China depend on the willingness of the Chinese authorities to refrain from the use or the threat of force in resolving Taiwan's future. Expresses the sense of the Congress that the President should encourage the Organization for Economic Cooperation and Development (OECD) to consider for OECD membership the Governments of South Korea, Taiwan, Hong Kong, and Singapore. Chapter 2: South Asia - Amends the International Security and Development Cooperation Act of 1985 to earmark development and economic support assistance for humanitarian assistance to the Afghan people and for the implementation of bilateral and multilateral reconstruction efforts for Afghanistan and the establishment of a broad-based freely-elected Afghan Government. Congratulates Bangladesh on the transition to a democratically-elected government and welcomes the economic adjustment measures being implemented in coordination with the IMF. Expresses appreciation for Bangladesh's support for international law and collective security. Urges the President to provide debt relief under the Agricultural Trade Development and Assistance Act of 1954 to Bangladesh. Calls upon the Government of India to promote adherence to human rights. Condemns abuses by militants in Kashmir and Punjab and urges all militant groups to cease the use of force to achieve political objectives. Urges the Secretary to raise Indian human rights issues with the Government of India. Calls upon Pakistani authorities not to provide arms or training to militants in Punjab or Kashmir. Welcomes the establishment of a democratically-elected government in Nepal and supports the economic development effort of such government. Authorizes economic support assistance for Nepal for FY 1993. Amends the Foreign Assistance Act of 1961 to extend a certain waiver of a prohibition on assistance to Pakistan through April 1, 1993. Prohibits the President from waiving such prohibition unless he makes a specified certification regarding nuclear nonproliferation in Pakistan. Sets forth provisions concerning human rights abuses in Sri Lanka. Requires the President, in determining whether to provide assistance or make sales of defense articles or services to Sri Lanka during FY 1993, to take into account whether the Government of Sri Lanka has: (1) ensured that the public register of detainees includes detainees held in all places of detention and ensured that detainees have access to lawyers and family members; (2) taken steps to deter disappearances and killings of civilians by persons under control of government forces; (3) taken measures to minimize civilian casualties in combat operations in the north and the east; and (4) made serious efforts to investigate and prosecute those involved in the murder of journalist Richard DeZoysa. Encourages the Government of Sri Lanka to provide human rights education and training. Chapter 3: Economic Cooperation Projects in China and Tibet - Expresses the sense of the Congress that U.S. economic cooperation projects in China and Tibet should adhere to specified principles, including to: (1) ensure that employment decisions are nondiscriminatory; (2) ensure that methods of production do not pose a danger to project employees and the surrounding environment; (3) ensure that no convict or forced labor is used in the projects; (4) protect freedoms of assembly, association, and expression of project employees; (5) promote the training of employees; (6) discourage compulsory political indoctrination on project premises; and (7) urge the Chinese Government to release a list of the names of individuals detained solely for nonviolent expression of their political views. Directs the Secretary of State to forward a copy of such principles to member nations of the OECD and encourage them to promote such principles. Requires U.S. parent companies of such projects to register with the Secretary and indicate whether such projects will implement the principles. Sets forth specified reporting requirements. Directs the Secretary to report annually to the appropriate congressional committees on: (1) enforcement procedures with respect to prohibitions on the importation of convict-made goods; and (2) investigations with respect to goods produced by convict or forced labor in China and Tibet. Title X: Africa - Chapter 1: Development Fund for Africa - Authorizes appropriations for the Development Fund for Africa for FY 1993. Chapter 2: Other Assistance for Africa - Amends the African Development Foundation Act to authorize appropriations for the African Development Foundation for FY 1993. Requires funds from the Development Fund for Africa to be used to assist sector projects supported by the Southern African Development Coordination Conference (SADCC). Authorizes the use of such funds without regard to prohibitions on assistance to countries in arrears on assistance payments. Encourages the President to provide increased assistance to promote the development of democratic institutions in Subsaharan Africa. Declares that a specified amount of economic support assistance should be earmarked for Subsaharan Africa. Directs the AID Administrator to provide for the establishment of an African Center for Conflict Resolution to analyze, research, and resolve conflicts in Africa. Requires funds from the Development Fund for Africa to be made available for the Center. Chapter 3: Provisions Relating to Specific Countries - Requires the President, in FY 1993, to provide: (1) nonpartisan election and democracy-building assistance to Angola for support in developing democratic institutions; (2) assistance for the voluntary relocation and resettlement of refugees and displaced persons and for the demobilization and retraining of former military members of the National Union for the Total Independence of Angola (UNITA) and the armed forces of the Government of Angola; (3) humanitarian assistance; and (4) assistance to implement the peace accords. Prohibits such assistance if the Angolan Government or UNITA violates the peace accords. Sets forth U.S. policy with respect to Kenya. Suspends economic and military assistance to Kenya. Waives such suspension if the President reports to the appropriate congressional committees that the Government of Kenya is taking steps to: (1) release political detainees and end the prosecution of individuals for the expression of their political beliefs; (2) cease physical abuse or mistreatment of prisoners; (3) restore judicial independence; and (4) restore freedom of expression to the Kenyan people. Commends the Malawi Government's response to the influx of refugees from Mozambique. Condemns the abuse of human rights of Malawian citizens. Urges President Banda to release prisoners of conscience, end incommunicado detention and torture of prisoners, and permit freedom of speech and association in Malawi. Prohibits foreign military financing for the Malawi Young Pioneers and permits such assistance only for the Malawian military's effort to secure the Nacala Railroad, programs to support conservation and biological diversity, and for activities to assist in the Mozambique peace process. Sets forth U.S. policy with respect to Mozambique. Conditions the provision of economic support assistance and foreign military financing for FY 1993 for Mozambique on steps by the Government of Mozambique to increase respect for human rights and promote a political settlement to the conflict in such country. Expresses the sense of the Congress that: (1) the United States should support the elimination of apartheid and the establishment of democratic majority rule in South Africa through a policy to bring about a nonracial democracy; (2) U.S. firms and the Government should provide specified assistance to disadvantaged South Africans; and (3) the President should seek the cooperation of U.S. allies in Western Europe and Japan to join in multilateral initiatives to aid disadvantaged South Africans. Makes economic support and development assistance and assistance from the Development Fund for Africa available for assistance to disadvantaged South Africans. Requires priority in providing such assistance to be given to South African nongovernmental organizations whose staff are selected on a nonracial basis and which have the support of the disadvantaged communities being served. Authorizes excess assistance for disadvantaged South Africans to be used only for assistance for programs in the health, education, and housing sectors. Prohibits the transfer of such funds to any entity controlled by the South African Government, unless specified conditions are met. Declares that the President, before obligating funds for disadvantaged South Africans, should: (1) consult with South African organizations representative of the majority population of South Africa; and (2) seek a commitment from the South African Government that it will provide additional resources to meet the needs of disadvantaged South Africans. Prohibits assistance to the Communist Party of South Africa or affiliated organizations. Requires the President to ensure that recipients of assistance in South Africa are not engaged in human rights violations and have in place democratic processes for internal decisionmaking and the selection of leaders. Prohibits the provision of foreign military financing, military education and training, and economic support and development assistance to Zaire during FY 1993 unless the President reports to the appropriate congressional committees that: (1) free and fair national elections have been held in Zaire; and (2) the elected government demonstrates a commitment to respect freedom of expression and bring about a reformed and independent judiciary, and reform of, and applications of, the rule of law to Zaire security forces. Chapter 4: Other Provisions - Expresses the sense of the Congress that special efforts should be undertaken to reduce trade barriers and to promote economic interchange between the United States and developing countries in Subsaharan Africa. Permits international military education and training to be provided to a Subsaharan African country only if the President considers whether: (1) that country has a government that was democratically-elected as the result of free and fair elections or is committed to respecting human rights and permitting freedom of expression and has achieved progress in a process of democratization; (2) the armed forces of such country are involved in human rights violations or the government of the country fails to respect human rights; and (3) the armed forces of such country or other elements of the government of that country are engaged in destabilization efforts aimed at any other country. Requires the President, when obligating funds for countries that do not meet such conditions, to report to the appropriate congressional committees on the reasons for providing such assistance. Provides that any sanction imposed by any State or governmental subdivision that is directed at South Africa or persons engaging in commercial or financial transactions in or with South Africa and that also applies to Namibia shall be null and void with respect to Namibia unless such sanction is consistent with Federal law. Expresses the sense of the Congress that a study should be undertaken by the Office of Technology Assessment, in a cross-section of Subsaharan African countries, of the formulation and the economic, social, and environmental impact of adjustment programs supported or leveraged by AID through the Development Fund for Africa. Title XI: Aid, Trade, and Competitiveness - Aid, Trade, and Competitiveness Act of 1992 - Requires the AID Administrator to establish a capital projects office to: (1) develop a program that would focus solely on developmentally sound capital projects; and (2) consider opportunities for U.S. high-technology firms in putting together capital projects for developing countries and SEED eligible East European countries. Sets forth the activities of the capital projects office. Directs the President to report annually to the Congress on the extent to which: (1) U.S. Government resources have been expended to support capital projects in such countries and the extent of interagency coordination; and (2) U.S. Government capital projects and tied-aid programs have affected U.S. exports. Urges the President to use specified types and amounts of assistance for grants for capital projects. Directs the President to report to the appropriate congressional committees on the feasibility of allowing AID to offer credit guarantees for the financing of capital projects. Authorizes additional appropriations for FY 1993 for the Trade and Development Agency. Title XII: Peace Corps - Amends the Peace Corps Act to: (1) extend authorizations of appropriations for the Peace Corps through FY 1993; and (2) establish the Foreign Currency Fluctuations, Peace Corps, Account to pay expenses for Peace Corps operations which exceed appropriations for such expenses as a result of currency exchange rate fluctuations. Authorizes appropriations for such Account. Requires the Director of the Peace Corps to contract with an eligible organization to conduct three evaluations of the health care needs of Peace Corps volunteers and the adequacy of the Peace Corps health care system. Provides for the submission of such evaluations to the Director and specified congressional committees. Requires the Director and the Secretary of Labor to report to such committees on: (1) the information provided by the Peace Corps to its volunteers and applicants on the benefits and services to which volunteers or trainees may be entitled in the event they sustain injuries or become disabled during their Peace Corps service or training; (2) the efforts by the Peace Corps and the Department of Labor to coordinate the provision of such information to Peace Corps volunteers and applicants and the processing of claims by volunteers under the Federal Employees Compensation Act (FECA); (3) the number of Peace Corps volunteers and applicants who have filed claims under FECA and the percentage of claims that have been approved; and (4) the timeliness of approvals or denials of such claims. Earmarks funds for FY 1993 for establishing Small Business Development Programs in the former Soviet republics. Title XIII: International Development and Finance - Chapter 1: International Monetary Fund - Amends the Bretton Woods Agreements Act to require the Secretary of the Treasury to instruct the U.S. Executive Director of the International Monetary Fund to encourage the Fund to adopt procedures for the publication of economic reviews of the major industrialized nations and other commentary, as appropriate. Expresses the sense of the Congress that procedures should be instituted to review the activities of the Fund and the International Bank for Reconstruction and Development for purposes of coordinating the international economic activities of international financial institutions at the Board, management, and staff levels. Directs the Secretary to instruct the U.S. Executive Director of the Fund to: (1) advocate specified actions concerning poverty alleviation and policy framework papers; and (2) urge renewal of debt and debt service reduction programs. Directs the Secretary to instruct the U.S. Executive Director of the Fund to encourage environmental considerations in Fund programs. Requires the Secretary to instruct the U.S. Executive Directors of the Fund and the International Bank for Reconstruction and Development to urge such entities to develop and report to member nations on criteria for determining whether a nation seeking a loan is engaged in arms and weapons expenditures that are: (1) appropriate to its national circumstances; or (2) an impediment to sound management of its economy and achievement of sustained long-term growth. Chapter 2: International Bank for Reconstruction and Development and Affiliates - Subchapter A: International Finance Corporation - Amends the International Finance Corporation Act to increase the amount authorized to be appropriated for the increase in shares of the International Finance Corporation's capital stock. Subchapter B: International Bank for Reconstruction and Development - Amends the Bretton Woods Agreements Act to require the Secretary of the Treasury to instruct the U.S. Executive Director of the International Bank for Reconstruction and Development to advocate specified measures to alleviate poverty. Expresses the sense of the Congress that the International Bank for Reconstruction and Development and the International Development Association should: (1) give greater programmatic and budgetary priority to the survival and development of children; and (2) make a commitment to devoting at least five percent of the annual lending of such entities to primary health and basic education, respectively. Directs the Secretary to instruct the U.S. Executive Director of the Bank to urge renewal of debt and debt service reduction programs. Subchapter C: Financial Assistance for Global Environmental Protection - Global Environmental Protection Assistance Act of 1992 - Authorizes the Secretary of the Treasury to contribute a specified amount to the Global Environmental Facility of the International Bank for Reconstruction and Development if the Secretary has certified to specified congressional committees that the Facility has made progress toward implementing certain measures set forth in this Act. Authorizes appropriations. Amends the International Financial Institutions Act to direct the Secretary of the Treasury to report to the House Committee on Banking, Finance and Urban Affairs and the Senate Foreign Relations Committee on the progress made by the multilateral development banks in achieving objectives concerning debt-for-nature exchanges and lending for the environment. Chapter 3: Asian Development Bank - Amends the Asian Development Bank Act to increase the amount authorized to be appropriated for the increase in shares of the Asian Development Bank's capital stock. Chapter 4: African Development Fund - Amends the African Development Fund Act to increase the amount authorized to be appropriated for the contribution sixth replenishment of the African Development Fund. Chapter 5: Multilateral Development Banks - Subchapter A: Energy Efficiency - International Energy Efficiency Financing Act of 1992 - Amends the International Financial Institutions Act to require the Secretary of the Treasury to instruct the U.S. Executive Directors of the multilateral development banks to: (1) demonstrate programs for measuring the application of systems energy efficiency planning and techniques; and (2) advocate procedures that require assessments of the impacts of proposed actions that would have a significant impact on energy efficiency before votes in favor of such actions. Directs the Secretary to seek the adoption of policies which result in access to the public of energy efficiency assessments by the borrowing countries and the lending institutions. Subchapter B: Alleviation of Poverty, Reduction of Barriers to Economic and Social Progress, and Other Provisions - Requires the Secretary to instruct the U.S. Executive Directors of the regional multilateral development banks to advocate the establishment of an organizational unit to aid bank management policies for the reduction of poverty and of barriers to economic and social progress and equity. Directs the Secretary to instruct the U.S. Executive Directors of the international financial institutions to: (1) encourage borrowing countries to involve women in development activities; (2) urge such institutions to reflect the diversity of the population in hiring practices and to strengthen and expand recruitment, hiring, and promotion of minorities and women; and (3) urge such institutions to adopt compensation policies to ensure that comparable pay is provided for people in comparable jobs. Requires the Secretary to instruct the U.S. Executive Directors of the multilateral development banks to oppose any loan, except for basic human needs, to Ethiopia, Somalia, or Sudan until the President certifies to the Senate Foreign Relations Committee and the House Committees on Banking, Finance and Urban Affairs and Foreign Affairs, respectively, that the government of the country has: (1) begun to implement peace or national reconciliation agreements; (2) demonstrated a commitment to human rights; (3) manifested a commitment to democracy and has held or established a timetable for free and fair elections; and (4) agreed to distribute development assistance without discrimination. Directs the Secretary to instruct the U.S. Executive Directors of the international financial institutions to encourage borrowing countries to engage in fair labor practices and to report to the Secretary on actions to promote such practices. Subchapter C: Financial Integrity - Requires the Secretary to instruct such directors to ensure the establishment of an office of Inspector General in such institutions. Chapter 6: Consolidation of Reports - Requires annual reports submitted by the Chairman of the National Advisory Council on International Monetary and Financial Policies to include summaries of reports required under the Bretton Woods Agreements Act. Title XIV: Miscellaneous - Expresses the sense of the Congress that a major effort should be made to strengthen the right to food in international law to assure the access of all persons to adequate food supplies. Declares that the Secretary, through the U.S. representative to the United Nations, should propose to the United Nations General Assembly that a Declaration and a Convention concerning the right to food be adopted and submitted to countries for ratification. United States Environmental Security and Foreign Policy Act of 1992 - Sets forth U.S. policy with respect to global environmental security. Gives the Secretary of State primary responsibility for overseeing environmental agreements and activities between the United States and foreign countries and international organizations and commissions. Requires the Secretary to report biennially to the Congress on: (1) multilateral environmental initiatives and negotiations concluded or in process; (2) bilateral agreements on the environment; (3) U.S. participation in, and support of, environment programs in international organizations and multilateral development banks; (4) international cooperation activities with respect to research and monitoring of environmental and natural resource conditions; and (5) environmental policies and activities of the United States in providing foreign assistance. Expresses the sense of the Congress that a major effort should be made to reform and restructure the United Nations mechanism for responding to international disasters and other humanitarian emergencies. Requires the Secretary, through the U.S. representative to the United Nations, to develop a proposal for strengthening the United Nations response to such emergencies. Expresses the sense of the Congress with respect to nuclear non-proliferation regimes. Requires the President to report annually to the Congress on the progress made and obstacles encountered in establishing regional nuclear non-proliferation regimes. Title XV: Funding Ceiling - Prohibits the amount of new budget authority for all accounts for which authorizations of appropriations are provided in this Act from exceeding the amount of authority provided for those accounts by the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1993.
Bill· SS. 3123 (102nd)referred
United States · United States Congress · 3 August 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. Requires the nonrecognition of gain of insurance proceeds for the contents of such residences. Allows insurance proceeds from personal property and real property to be lumped together into one common fund. Extends the time to replace a principal residence from two years to four years.
Bill· HRH.R. 5754 (102nd)open
United States · United States Congress · 3 August 1992
Water Resources Development Act of 1992 - Title I: Water Resources Projects - Authorizes the Secretary of the Army (the Secretary) to carry out public works projects in the following locations for improvements to navigation, flood control, ecosystem restoration, and beach erosion control and hurricane protection: (1) Southeast Alaska Harbors of Refuge, Alaska; (2) Whiteman's Creek, Arkansas; (3) American River Watershed, California; (4) Morro Bay Harbor, California; (5) Sacramento Metro Area, California; (6) Rio Grande Alamosa, Colorado; (7) Delaware River Mainstem and Channel Deepening, Delaware, New Jersey, and Pennsylvania; (8) Canaveral Harbor, Florida; (9) Kissimmee River, Florida; (10) Port Everglades Harbor, Florida; (11) Savannah Harbor, Georgia and South Carolina; (12) Kentucky Lock Addition, Kentucky; (13) Amite River and Tributaries, Louisiana; (14) Saugus River and Tributaries, Massachusetts; (15) Las Vegas Wash and Tributaries, Nevada; (16) Morehead City Harbor, North Carolina; (17) West Onslow and New River Inlet, North Carolina; (18) Lackawanna River at Olyphant and at Scranton, Pennsylvania; (19) Locks and Dams 2 and 3, Monongahela River, Pennsylvania; (20) Rio Grande De Loiza, Puerto Rico; (21) Sargent Beach, Texas; (22) Shoal Creek, Austin, Texas; and (23) Sandbridge Beach, Virginia Beach, Virginia. Modifies projects at the following locations with respect to flood control, beach erosion control and hurricane protection, navigation, and other improvements: (1) Tennessee-Tombigbee Waterway, Alabama and Mississippi; (2) Goleta and vicinity, California; (3) San Leandro Marina, California; (4) Savannah Harbor, Georgia; (5) O'Hare system of the Chicagoland underflow plan, Illinois; (6) Locks and Dam 26, Mississippi River, Alton, Illinois and Missouri; (7) Fort Wayne, Indiana; (8) Calcasieu Ship Channel, Louisiana; (9) Lake Pontchartrain, Louisiana; (10) Parish Creek, Shady Side, Maryland; (11) South Fork Zumbro River, Minnesota; (12) Sowashee Creek, Meridian, Mississippi; (13) New Madrid Harbor, Missouri; (14) Ste. Genevieve, Missouri; (15) Papillion Creek and Tributaries Lake, Nebraska; (16) Green Brook Sub-basin, Raritan River Basin, New Jersey; (17) Passaic River Main Stem, New Jersey and New York; (18) Ramapo River at Oakland, New Jersey; (19) Raritan Bay and Sandy Hook Bay, New Jersey; (20) Reno Beach-Howard Farms, Ohio; (21) Wyoming Valley, Pennsylvania; (22) Wister Lake, Oklahoma; (23) Chetco River, Oregon; (24) Port Orford, Oregon; (25) Cliff Walk, Newport, Rhode Island; (26) Clear Creek, Texas; (27) Corpus Christi Ship Channel, Texas; (28) Dallas Floodway Extension, Dallas Texas; (29) Ray Roberts Lake, Elm Fork of the Trinity River, Texas; (30) Ray Roberts Lake Greenbelt, Texas; (31) Sims Bayou, Texas; (32) Southern Branch of Elizabeth River, Norfolk Harbor, Virginia; (33) Virginia Beach, Virginia; (34) Lower Granite Lock and Dam, Washington; (35) Bonneville Lock and Dam, Washington; (36) Beech Fork Lake, West Virginia; (37) Bluestone Lake, Ohio River Basin, West Virginia; and (38) La Crosse and Shelby, Wisconsin. Authorizes the Secretary to: (1) construct visitor centers at Melvin Price Lock and Dam, Alton, Illinois, and at Mt. Morris Dam, New York; and (2) establish and operate the Lower Mississippi River Museum and Riverfront Interpretive Site, Vicksburg, Mississippi. Authorizes appropriations. Authorizes the Secretary to conduct studies and carry out small navigation projects at: (1) Provincetown Harbor, Massachusetts; (2) Aunt Lydia's Cove, Chatham, Massachusetts; (3) Agate Bay, Minnesota; (4) East Island, Minnesota; (5) Grand Marais, Minnesota; (6) Grand Portage, Minnesota; (7) Horseshoe Bay, Minnesota; (8) Knife River, Minnesota; (9) Sugar Loaf Cove, Minnesota; (10) Temperance River, Minnesota; (11) Thompson Beach, Minnesota; (12) Seaway Pier, Buffalo, New York; and (13) Tangier Island, Virginia. Authorizes the Secretary to conduct studies and carry out small flood control projects at: (1) Walnut Canyon Creek, Anaheim, California; (2) Blue River and Brock Creek, Salem, Indiana; (3) White River, Elnora, Indiana; (4) White River, Gibson County, Indiana; (5) White River, Petersburg, Indiana; (6) Wabash River, Knox County, Indiana; (7) Red River at Grand Marais Outlet, Minnesota; and (8) Sullivan Run Creek, Butler, Pennsylvania. Amends the Water Resources Development Act of 1990 to provide that the benefits of the project at Krout's Creek, West Virginia, shall be treated as exceeding the cost of the project. Modifies projects at the following locations with respect to the maximum allotment and cost-sharing: (1) Lake Elsinore, California; (2) Telegraph Canyon, Chula Vista, California; and (3) St. Peters, St. Charles County, Missouri. Directs the Secretary to develop and carry out a Sonoma Baylands wetland demonstration project in the San Francisco Bay-Delta estuary, California. Sets forth project purposes and requirements. Authorizes appropriations. Sets forth limitations on amounts transferred and obligated pursuant to the Upper Mississippi River Management Program. Specifies that the costs of operation and maintenance of projects located on Federal lands or lands owned or operated by a State or local government shall be borne by the Federal, State, or local agency that is responsible for management activities for fish and wildlife on such lands. Directs the Secretary to construct a research and quarantine facility in Broward County, Florida, to be used in connection with efforts to control Melaleuca and other exotic plant species that threaten native ecosystems in Florida. Authorizes appropriations. Authorizes the Secretary to maintain navigation access to, and berthing areas at, all currently operating public and private commercial dock facilities associated with or having access to the Federal navigation project on the Columbia, Snake, and Clearwater Rivers from Bonneville Dam to and incuding Lewiston, Idaho, at a depth commensurate with the Federal navigation project. Exempts the Federal Government from liability resulting from such project. Authorizes the Secretary to construct such bulkheads along the Outer Harbor, Buffalo, New York, as may be necessary to protect the shoreline and reduce the flow of pollutants into Lake Erie. Directs the Secretary to: (1) conduct a study for a streambank and shoreline protection project for St. Croix River, Stillwater, Minnesota, subject to specified maximum allotment and cost-sharing requirements; and (2) proceed expeditiously with design, land acquisition, and construction of the Montgomery Point Lock and Dam on the White River, Arkansas. Authorizes the Secretary to participate in the preservation, renovation, and rehabilitation of the Delaware Canal in Pennsylvania. Sets forth provisions with respect to the costs of major rehabilitation from specified projects. Directs the Secretary to conduct a study of the water supply, distribution, and transmission needs and water quality problems of Jackson and DeKalb Counties, Alabama. Sets forth reporting requirements. Authorizes the Secretary to: (1) conduct a study for the purpose of evaluating methods and means, and recommending a project, for the containment and remediation of contaminated ground water flowing downstream from the San Gabriel Valley Ground Water Basin to the Central Ground Water Basin in California through existing Federal facilities at Whittier Narrows Dam, Los Angeles County, California; and (2) participate in the engineering and design of the project recommended. Provides for a Federal share of the project of up to 75 percent, with the local sponsor being the Water Replenishment District of Southern California. Directs the Secretary: (1) to complete and transmit to the Congress a feasibility study for enlargement of the flood control project for the Success Reservoir, Tule River, California; and (2) as part of the ongoing review of the Anacostia River Watershed in the District of Columbia and Maryland, to carry out a comprehensive assessment of adverse impacts to such watershed from Federal facilities, review current plans for reducing such adverse impacts, and carry out a feasibility study to identify and recommend for implementation measures to eliminate such adverse impacts. Requires the Secretary, in carrying out the feasibility study on Federal improvements to the St. John's River Channel, Florida, to examine the commercial and military uses of the channel in those areas traversed by both military and commercial vessels, and coordinate the activities of the Secretary with those of the Secretary of the Navy in order to utilize available studies and resources projecting future military dredging needs in the channel. Directs the Secretary to: (1) expeditiously complete the general design memorandum for the sand transfer portion of the navigation project for Canaveral Harbor, Florida; (2) expeditiously complete that portion of the navigation study for Tampa Harbor, Alafia River and Big Bend, Florida, relating to the Alafia River; (3) complete the feasibility study for Cedar River and tributaries, Blackhawk, Iowa; (4) complete the study for Federal maintenance of the Port Fourchon Navigation Channel, Louisiana; (5) conduct a study on proposed uses of the seawall located in Haverhill, Massachusetts (and provide technical assistance to non-Federal interests in developing plans for such seawall); (6) conduct an economic reevaluation of proposed improvements at Grand Marais Harbor, Michigan; (7) conduct a review and evaluation of the recreational master plan for Sardis Lake, Mississippi; (8) study the feasibility of rehabilitating and otherwise ensuring the integrity of the dams and impoundments that created and enlarged Lake Lefferts and Lake Matawan, New Jersey, as a means of maintaining the high quality of the environmental ecosystems therein; (9) complete the feasibility study for Little River, Niagara Falls, New York; (10) complete the feasibility study for the water quality project for Shinnecock Inlet, Suffolk County, New York; (11) complete the feasibility study of shoreline protection for Strawberry Island, New York (and take such interim emergency measures as necessary); (12) enter into a cooperative agreement with Youngstown State University, Youngstown, Ohio, to conduct a study of the water and related land resources of the Mahoning River, Ohio; and (13) conduct a study to determine the feasibility of establishing a Tug Valley Greenway, West Virginia, for utilizing the river environment for public recreation opportunities. Authorizes appropriations. Sets the Federal share (100 percent) of the cost of completion of the study for mitigation of shoreline damage attributable to the Federal navigation project at Salmon Harbor, Oregon. Sets forth reporting requirements. Continues the authorization for projects and studies (for flood control and other purposes) at the following locations: (1) Santa Cruz Harbor, California; (2) Albert Lea Lake, Freeborn County, Minnesota; (3) St. Johns Bayou and New Madrid Floodway, Missouri; (4) Tyrone, Pennsylvania; and (5) Big Pine Lake, Texas. Sets forth limitations with respect to such projects and studies. Deauthorizes navigation projects at the following locations: (1) Boston Inner Harbor Channel, Massachusetts; (2) Newburyport, Massachusetts; (3) Greilickville, Michigan; (4) South Haven Harbor, Michigan; and (5) Sag Harbor, New York. Deauthorizes a portion of the Canaveral Harbor project, Florida. Designates: (1) lock and dam 3, Arkansas River, Arkansas, as the "Joe Hardin Lock and Dam"; and (2) the Mill Creek Reservoir, Washington, as the "Virgil B. Bennington Lake." Title II: Generally Applicable Provisions - Amends the Water Resources Development Act of 1986 to: (1) set the non-Federal share of environmental protection and restoration at 25 percent; and (2) prohibit modifications of projects for improvement of the environment from being carried out without specified authorization by the Congress if the estimated cost exceeds $5,000,000. Authorizes the Secretary to: (1) accept contributions for environmental and recreation projects, with funds received to be deposited into a specified account in the Treasury; and (2) carry out projects for the protection, restoration, and creation of aquatic and ecologically related habitats in connection with dredging of an authorized navigation project. Sets forth provisions, in connection with the latter, regarding cooperative agreements, the Federal share, and authorization of appropriations. Directs the Secretary to reconstruct lands adversely affected by water resources projects. Sets forth provisions with respect to: (1) the definition of rehabilitation for inland waterway projects; (2) construction of shoreline protection projects by non-Federal interests; (3) cost-sharing for disposal of dredged material on beaches; and (4) fees for development of State water plans. Authorizes the Secretary to provide appropriate protections against the dissemination of certain information developed as a result of research and development activities conducted by the Corps of Engineers (Corps) that is likely to be subject to a cooperative research and development agreement within two years of its development. Extends specified State safety and training, research, and dam inventory programs. Authorizes the Secretary to provide assistance to non-Federal interests for the repair, reconstruction, or other modification of Mussers Dam, Middle Creek, Snyder County, Pennsylvania. Specifies that all costs incurred in carrying out the project to correct seepage problems at Beaver Lake, Arkansas, shall be treated as costs incurred for a dam safety project, subject to cost-sharing requirements of the Water Resources Development Act of 1986. Authorizes the Secretary to procure materials necessary to promote the Corps safety program, for distribution to Corps employees, and to recognize outstanding safety performance by such employees. Authorizes appropriations. Provides for the recovery of cleanup costs of hazardous of toxic substances. Authorizes the Secretary, in carrying out in FY 1993 through 1995 maintenance, rehabilitation, or modernization of a hydroelectric power generating facility at a water resources project under the Secretary's jurisdiction, to increase the efficiency of energy production or the capacity of the facility, subject to specified requirements. Sets forth reporting requirements. Directs the Secretary: (1) to the maximum extent practicable, to make use of private sector resources in carrying out surveying and mapping activities in the Corps' Civil Works Program; (2) to complete and submit to the Congress a report on a minimum dredge fleet for the Corps, and implement the recommendations of such report; and (3) to take specified steps with respect to competitive dredging of hopper dredges. Sets forth rules regarding comparability payments for Senior Executive Service positions for Corps employees. Directs the Secretary to conduct a comparative analysis with respect to the compensation of Corps and other similarly-situated Federal employees. Sets forth reporting requirements. Sets forth provisions regarding eligible operations and maintenance for harbor development and navigation projects. Directs the Secretary to conduct a study for the purpose of developing recommendations for expediting the study, planning, and construction of civil works projects of the Corps. Sets forth reporting requirements. Requires the Secretary to establish a goal of five percent of the total amount of Civil Works funds obligated for contracts and subcontracts entered into by the Department of the Army for FY 1993 for award to small business concerns owned and controlled by socially and economically disadvantaged individuals, the majority of the earnings of which directly accrue to such individuals, and to historically Black colleges and universities or minority institutions, with exceptions. Authorizes the Secretary to provide assistance to non-Federal interests for carrying out projects for the reclamation of waste water for beneficial uses. Sets the non-Federal share of the cost of projects for which assistance (other than loans) is provided at not less than 25 percent, with exceptions. Specifies that no such assistance may be provided by the Secretary to carry out a project unless such project and assistance are specifically authorized by law. Authorizes the Secretary to make such grants and loans to the Santa Clara Water District and to the city of San Jose, California, to demonstrate and field test for public use innovative processes which advance the technology of waste water reuse and reclamation and which promote the use of reclaimed waste water for critical water supply purposes and for the protection of fish and wildlife in the San Francisco Bay. Sets the Federal share for specified grants at 75 percent. Authorizes appropriations. Authorizes the Secretary to: (1) participate in the study, engineering, design, and construction of a regional water reuse system for Southern California; (2) study, engineer, design, and construct water reuse demonstration facilities to develop advanced technology for economically and environmentally sound alternative water supplies for the San Diego metropolitan area; (3) participate, with the city of Santa Rosa, California, in the design, planning, and construction of water reuse projects; (4) participate, with the County of Napa, California, in the design, planning and construction of expansion of the Soscol Wastewater Treatment Plant in such county; and (5) provide assistance to non-Federal interests for carrying out environmental infrastructure and resource protection and development projects. Sets forth the Federal (or non-Federal) share of such projects, and reporting requirements. Title III: Miscellaneous Provisions - Extends the jurisdiction of the Mississippi River Commission. Directs the Secretary to: (1) develop a prevention monitoring program for zebra mussels throughout the New York City water supply system; (2) develop appropriate zebra mussel prevention and removal technologies for such system; and (3) provide technical assistance to the State and city of New York on alternative design and maintenance practices for such system in the event of zebra mussel infestation. Sets forth cost-sharing provisions. Authorizes appropriations. Amends the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 to: (1) direct the Secretary of the department in which the Coast Guard is operating to provide that regulations issued under such Act apply to vessels that carry ballast water and that, after operating on the waters beyond the exclusive economic zone, enter a U.S. port on the Hudson river where water is characterized as having a salinity less than 18 percent; (2) authorize such Secretary to provide that such regulations apply to vessels operating in other rivers, canals, lakes, and waterways where discharge of ballast water could result in the introduction and spread of aquatic nuisance species into the Great Lakes; and (3) include the Great Lakes in the study to determine the need for controls on vessels entering U.S. waters. Authorizes the Secretary to enter into a cooperative agreement with the Earth Conservancy to develop, and carry out along the Susquehanna River between Wilkes-Barre and Sunbury, Pennsylvania, a wetlands demonstration project for the purposes of: (1) enhancing municipal waste water treatment in the region; (2) restoring and maintaining the physical, chemical, and biological integrity of the Susquehanna River and its tributaries as well as nearby lands; and (3) developing cleanup technologies which can be utilized for various environmental restoration initiatives. Authorizes appropriations. Directs the Secretary to enter into a cooperative agreement with non-Federal interests to develop and carry out along the Juniata River and its tributaries, Pennsylvania, a watershed reclamation and protection and wetlands creation and restoration project. Authorizes appropriations. Authorizes: (1) the construction of boat ramps and docks at Clarks Hill Reservoir, Georgia, subject to specified requirements; and (2) the Secretary to construct trailhead facilities at specified projects in West Virginia. Amends the Water Resources Development Act of 1990 to direct the Secretary and the Administrator of the Environmental Protection Agency to jointly: (1) conduct a one-year review to select removal, pretreatment, and decontamination technologies for contaminated sediments; (2) implement a five-year demonstration program in the New York/New Jersey Harbor to assess the removal, pretreatment, and decontamination technologies selected under the review in rendering sediments safe for unrestricted ocean disposal and beneficial reuse; (3) transmit to the Congress recommendations for additional sites on the Gulf of Mexico and on the west coast; (4) establish a scientific advisory panel and a citizen advisory panel; and (5) report to the Congress. (Under current law, the Secretary shall implement a demonstration project for disposing on an annual basis of up to ten percent of the material dredged from the New York/New Jersey Harbor region in an environmentally sound manner other than by ocean disposal.) Authorizes appropriations. Directs the Secretary to conduct: (1) studies of Baltimore Harbor, Maryland, for the purpose of developing analytical procedures and criteria for contaminated dredged material in order to distinguish those materials which should be placed in containment sites from those which could be used in beneficial projects or placed in open waters without being chemically altered, and for the purpose of determining the feasibility and necessity of decontaminating dredged materials and of dewatering and recycling such materials for use as marketable products; and (2) a demonstration project to assess the extent of sediment contamination in such harbor, inventory the types of sediments, assess the need for remedial action, and prioritize contaminated areas in terms of need for remediation. Sets forth reporting requirements. Requires the Secretary to develop a comprehensive five- and 20-year sediment management strategy for Toledo Harbor, Ohio, and to transmit a copy of the strategy to the Congress. Authorizes and directs the Secretary to conduct technology transfer of innovative sediment management techniques developed through engineering and design technical assistance to other Great Lakes States and local sponsors for use at federally authorized harbors and navigation channels. Authorizes appropriations. Directs the Secretary to amend the contract between the State of Illinois and the United States for use of storage space for water supply in Rend Lake on the Big Muddy River, Illinois, to relieve the State of the requirement to make annual payments for unused water supply storage under specified circumstances. Amends the Water Resources Development Act of 1988 to authorize the Secretary to pay tuition expenses of suitable, English-taught primary and secondary education in Puerto Rico for the children of a Federal employee who is employed (currently, temporarily residing and employed) in Puerto Rico for the construction of the Portuguese and Bucana Rivers, subject to specified requirements. Amends the Water Resources Development Act of 1990 to direct the Secretary to complete the project for removal of silt and aquatic weeds, Sauk Lake, Minnesota, including acquisition, operation, and maintenance (currently, acquisition) of weed harvesting equipment, using funds appropriated by the Congress for such purpose. Directs the Secretary to undertake such measures as necessary to compensate for damages caused to public and private property by the drawdown undertaken in March 1992 by the Corps at the Little Goose and Lower Granite projects in Washington, at a total cost of $10,000,000. Specifies that the costs of such measures shall be considered project costs and allocated in accordance with existing cost allocations for such projects. Directs the Secretary to enter into cooperative agreements with: (1) the Alliance for Coastal Engineering at the Davidson Laboratory, Stevens Institute of Technology, Hoboken, New Jersey, for expansion of the educational facilities for the graduate program in coastal engineering, expansion of such program, development of a demonstration component, and conducting research at such facilities; (2) the Arkansas Water Resources Center at the University of Arkansas, Fayetteville, Arkansas, for expansion of facilities and efforts of its Water Quality Laboratory and the Soil Test Diagnostic Laboratory; and (3) the University of Pittsburgh for acquisition and analysis of a 36-acre area within the Linesville Creek, Pennsylvania, watershed for purposes of ecosystem protection, flood control, and related objectives. Authorizes appropriations. Requires the Secretary to establish a pilot program for providing environmental restoration infrastructure and resource protection development projects to non-Federal interests in south central Pennsylvania, subject to specified (including reporting) requirements. Amends the Water Resources Development Act of 1990 to repeal a limitation on the authorization of appropriations for fiscal years beginning after 1991. Directs the Secretary to carry out a project to establish a transfer facility at the Leonard Ranch property adjacent to Port Sonoma-Marin, California, for the drying and rehandling of dredged material from San Francisco Bay for transport to an upland site for beneficial uses. Sets forth provisions regarding: (1) plan development; (2) cooperative agreements; (3) quality of dredged material; (4) monitoring and reporting; and (5) authorization of appropriations. Directs the Secretary to: (1) develop and implement a plan for modifying the channel bypass element of the Levisa Fork, Kentucky, project for water quality improvement in and restoration of Pikeville Lake, Kentucky; and (2) undertake a revision of the master plan for the Raystown Lake, Pennsylvania, project and submit to the Congress for approval any proposed changes that significantly change uses of the Lake, surrounding land resources, or any facilities located thereon. Authorizes the Secretary to participate: (1) with the Sonoma County Vernal Pool Task Force in developing a plan for the development and preservation of seasonal wetlands on the Santa Rosa plain, California; and (2) in the study and construction of a water resources project in the vicinity of Phoenix, Arizona, for the purpose of providing flood control and improving water quality in the Tres Rios wetlands, Arizona, at a total cost of $7,500,000. Directs the Secretary to: (1) correct the design deficiency at the Klamath Glen levee, California; and (2) cooperate with State and local officials in reviewing the water supply needs of the Mahoning Valley Sanitary District, Ohio. Redesignates a parcel of land to be conveyed by the Secretary to the Commandant of the Coast Guard, and the building located thereon, for use as a clubhouse for the local American Legion Post of Sault Sainte Marie, Michigan. Authorizes the Secretary to provide assistance to the Hackensack Meadowlands Development Commission of the State of New Jersey for the development of the Phase I Environmental Improvement Program of the Special Area Management Plan for the Hackensack Meadowlands area, New Jersey, to serve as a national model and to provide guidance on the integration of comprehensive environmental planning into Federal laws and regulations which affect the quality of the environment. Authorizes appropriations. Directs the Secretary to: (1) initiate a program to exchange certain lands at Allatoona Lake, Georgia; and (2) study a hydro-environmental monitoring and information system in the New York Bight and Harbor, subject to specified (including reporting) requirements. Requires the Secretary to: (1) conduct a national study on information that is currently available on contaminated sediments; and (2) compile information obtained in such study for identifying the location and nature of contaminated sediments in the nation. Sets forth reporting requirements. Authorizes the Secretary to cooperate with non-Federal interests in the completion of a study on contaminated sediments in Milwaukee Harbor, Wisconsin, and surrounding areas. Authorizes appropriations. Directs: (1) the Secretary to complete planning, design, and construction of a project for navigation, Arthur Kill, New York and New Jersey; and (2) the President to transmit to specified congressional committees a report on expenditures from and deposits into the Harbor Maintenance Trust Fund. Authorizes the Secretary to: (1) conduct investigations and surveys of the watersheds of the rivers in the Conemaugh River Basin, Pennsylvania; and (2) develop and implement restoration projects for abatement and mitigation of water quality degradation caused by abandoned mines and mining activity in such basin. Directs the Secretary to enter into a cooperative agreement with the University at Buffalo under which the Secretary will assist the Great Lakes Program and the National Center for Geographic Information Analysis of such university in establishing an information clearinghouse and repository for spatial and attribute data concerning the Great Lakes watershed. Authorizes appropriations. Authorizes the Secretary to transfer to the State of Wisconsin the locks and appurtenant features of the navigation portion of the Fox River System, Wisconsin. Amends the Water Resources Development Act of 1986 to provide that costs incurred after the date of enactment of such Act (November 17, 1986) for specified fish and wildlife mitigation purposes shall be allocated and subject to cost-sharing or reimbursement as specified in such Act (as under current law), including costs for lands, easements, rights-of-way, and relocations. Authorizes the Secretary to conduct a study on environmentally beneficial ways to expand or supplement existing placement options and sites serving channel dredging operations of the Port of Baltimore. Specifies that such study shall enhance an ongoing long-term management study for the Chesapeake Bay area being conducted by the State of Maryland and the Secretary. Sets forth reporting requirements. Authorizes appropriations. Declares portions of Cuyahoga County, Ohio, to be non-navigable waters of the United States, subject to specified limitations.
Bill· HRH.R. 5752 (102nd)open
United States · United States Congress · 3 August 1992
Indian Health Amendments 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 meeting each stated objective. Title I: Indian Health Professionals - 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 other Federal assistance. 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. 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. Permits an Indian Health Scholarship recipient to meet active duty requirements through service on his or her reservation or to his or her tribe. 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 Indian Health Service (Service), to establish a Placement Office to develop a national policy for the placement 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 for specified breaches. Entitles the United States to recover an amount determined by a specified formula from any individual who fails 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 as of FY 1993 at least 25 percent of annual retention bonuses 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 and anticipation requirements; (2) extension of obligated service; (3) undergraduate loans; (4) repayment of loans; (5) tax liability reimbursements; and (6) 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. Establishes in the Treasury the Indian Health Scholarship and Loan Repayment Recovery Fund. 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. 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 $15,000 and a maximum of $25,000 (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 requirement 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, marriage and family therapist, or social worker providing clinical mental health care services to Indians to be licensed as such or working under the direct supervision of a licensed clinical psychologist, marriage and family therapist, or social worker. Authorizes the Secretary, acting through the Service, to provide grants for intermediate mental health services to Indian children and adolescents. Authorizes appropriations. 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. Authorizes appropriations. Directs the Secretary to establish a contract health services demonstration program for California Indians. Provides for reimbursement of related costs for the California Rural Indian Health Board. Establishes a program advisory board. Terminates the program on September 30, 1997. Authorizes appropriations. Directs the Secretary, acting through the Service, to: (1) provide for screening mammography of Indian and urban Indian women 35 years or older; and (2) provide funds for certain patient travel costs (authorizing appropriations). Directs the Secretary to establish an epidemiology center in each service area. Authorizes the Secretary, acting through the Service, to award grants to: (1) Indian tribes for comprehensive school health education programs; and (2) Indian tribes, tribal organizations, and urban Indian organizations for Indian youth programs. Directs the Secretary of the Interior, acting through the Bureau of Indian Affairs, to develop a comprehensive school health education program for Bureau schools. 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 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. Authorizes: (1) the Secretary to provide financial assistance to Indian tribes and communities for safe water and sanitary waste disposal facilities; and (2) the Secretary, acting through the Service, to provide grants to tribes and tribal organizations for construction and expansion of ambulatory care facilities. Revises the priority for grant and contract awards under the Indian health care delivery demonstration project. Authorizes appropriations. Title IV: Access to Health Services - Amends the Social Security Act to prohibit any payments received by a hospital or skilled nursing facility of the Service 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. 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. 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, instead of 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 grants to urban Indian organizations for health care services. (Currently the Secretary has contract authority only.) Authorizes the Secretary to make grants to urban Indians for organizations for alcohol and substance abuse related services. Authorizes appropriations. 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, including programs for pregnant and post-partum women and their children. 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. Authorizes the Secretary to make grants to tribes and tribal organizations for alcohol and substance abuse treatment of Indian women. Authorizes appropriations. Obligates 20 percent of appropriations for grants to urban Indian organizations. Directs the Secretary to: (1) develop a program for acute detoxification and treatment for Indian youth who are alcohol and substance abusers; and (2) 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 one area office in California to be two area offices. Authorizes the Secretary to make funds available to the Tanana Chiefs Conference, Incorporated, to lease, construct, renovate, and operate 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 within each 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. Provides for the inclusion of family members in such treatment programs or other appropriate services. Earmarks at least ten percent of funds appropriated to carry out such programs 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 within each service unit a program to provide training and community education in the areas of alcohol and substance abuse, including the development of community-based training models. 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 tribes and tribal organizations for fetal alcohol syndrome (FAS) and fetal alcohol effect (FAE) programs. Directs the Secretary to: (1) establish an FAS/FAE Task Force; and (2) make grants through the Substance Abuse and Mental Health Services Administration to tribes, tribal organizations, and universities for applied FAS and FAE research projects. Authorizes appropriations. Obligates ten percent of appropriations for urban Indian organizations. Directs the Secretary, acting through the Service, to: (1) make grants through FY 1995 to the 8 Northern Indian Pueblos Council, San Jean Pueblo, New Mexico, for substance abuse treatment services; and (2) make a grant to the Intertribal Addiction Recovery Organization, Inc. (Thunder Child Treatment Center), Sheridan, Wyoming, for the construction of a substance abuse treatment center (authorizing appropriations). Authorizes the Secretary, acting through the Service, to enter into contracts with, or make grants to, tribally controlled or other eligible community colleges for demonstration projects to develop educational curricula for substance abuse counseling. Authorizes appropriations. Amends the Indian Alcohol and Substance Abuse Prevention and Treatment Act of 1986 to: (1) repeal current part 6 (Indian alcohol and substance abuse treatment and rehabilitation); (2) require Tribal Action Plans to be updated every two years; (3) extend authorization of appropriations for Tribal Action Plan technical assistance; (3) authorize grants and necessary appropriations for substance abuse education and prevention programs; (4) extend authorization of appropriations for a substance abuse newsletter; (5) extend authorization of appropriations for an Indian youth summer program; (6) extend authorization of appropriations for Indian youth emergency shelters and half-way houses; (7) authorize assistance to the Makah Indian Tribe of Washington for investigation and control of illegal narcotic traffic on the Makah Indian Reservation; (8) extend authorization of appropriations for similar narcotics investigation and control activities by the Tohono O'odham Tribe of Arizona and the St. Regis Band of Mohawk Indians of New York on their Reservations; (9) extend authorization of appropriations for the Department of the Interior's program of marihuana eradication and interdiction on Indian lands; (10) extend authorization of appropriations for the Bureau of Indian Affairs' program of law enforcement and judicial training; and (11) extend authorization of appropriations for juvenile detention centers. Title: VIII: Miscellaneous - Directs the President to include with submission of the budget certain reports and statements on meeting the objectives of this Act. 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. Extends the deadline for: (1) certain tribal health services management demonstration programs; and (2) an evaluation report by the Secretary. Authorizes the Secretary, acting through the Service, to enter into contracts with, or make grants to, tribes or tribal organizations for long-term care demonstration projects for disabled Indians. Authorizes appropriations. Directs the Secretary to provide for the dissemination to Indian tribes of the results of demonstration projects under this Act. Authorizes appropriations. Amends the Indian Self-Determination and Education Assistance Act to authorize appropriations for the purpose of providing one-year planning and negotiations grants to certain tribes under the tribal self-government projects. Title IX: Technical Corrections - Makes technical corrections to the Indian Health Care Improvement Act.
Bill· HRH.R. 5750 (102nd)referred
United States · United States Congress · 3 August 1992
Freedom for Russia and Emerging Eurasian Democracies and Open Markets Support Act of 1992 or FREEDOM Support Act - Title I: General Provisions - Sets forth U.S. policy with respect to assistance to the independent states of the former Soviet Union (excluding Estonia, Latvia, and Lithuania). Expresses the sense of the Congress that such policy should make assistance to any of the independent states conditional on the termination of military and technical assistance, subsidies, and other forms of assistance to Cuba from such states. Permits assistance to governmental entities of the independent states only to the extent that such states are: (1) making significant progress toward and are committed to a democratic system; (2) respecting human rights; (3) making significant progress in and are committed to economic reform based on market principles, private ownership, and integration into the world economy; (4) respecting international law and obligations and adhering to the Helsinki Final Act of the Conference on Security and Cooperation in Europe and the Charter of Paris; and (5) adhering to arms control obligations and to responsible security policies. Prohibits U.S. assistance and other benefits under this Act (other than title V) or other laws to the Government of Azerbaijan until the President reports to the Congress that such government is taking steps to cease all blockades and uses of force against Armenia and Nagorno-Karabakh. Directs the President to designate a coordinator within the Department of State to be responsible for coordinating assistance to the independent states. Title II: Bilateral Economic Assistance - Amends the Foreign Assistance Act of 1961 to authorize the President to provide assistance to the independent states to promote the following objectives: (1) meeting urgent humanitarian needs; (2) establishing a democratic and free society; (3) developing a free-market system; (4) promoting trade and investment; (5) converting military technologies and defense industries into civilian activities; (6) introducing market-based mechanisms for food distribution and encouraging policies that provide support for the agricultural sector; (7) promoting programs to strengthen quality health care and voluntary family planning, housing, and other components of a social safety net; (8) promoting educational reform; (9) promoting energy efficiency and production; (10) promoting environmental protection, conservation, and safety; and (11) improving transportation and telecommunications infrastructure and management. Authorizes the President to promote the involvement of the U.S. private sector in such activities. Authorizes the use of economic support fund assistance for assistance under this title. Requires assistance to maximize the use of U.S. goods and services. Authorizes appropriations. Establishes a Democracy Corps, a private, nonprofit corporation, to maintain a presence in the independent states. Directs the Administrator of the Agency for International Development to make an annual grant to the Democracy Corps. Requires the grant to be used by the Corps to assist at the local level in the development of: (1) institutions of democratic governance; and (2) nongovernmental organizations of a civil society. Directs the Corps to carry out its activities through the placement of teams of U.S. citizens with appropriate expertise in the independent states to: (1) provide advice and technical assistance; (2) make small grants to assist in the development of such institutions and organizations; (3) identify other sources of assistance; and (4) operate local centers to serve as information and educational centers and to encourage those involved in the development of democratic institutions, market-oriented economies, and civil societies. Prohibits the use of funds for the Corps or any grant from the Corps to finance the campaigns of candidates for public office. Sets forth: (1) requirements for the Board of Directors of the Corps and for its advisory committee; and (2) auditing requirements and congressional oversight procedures. Earmarks a specified amount of funds authorized under the Foreign Assistance Act of 1961 for the Corps. Title III: United States Information Agency and Department of State - Authorizes appropriations for FY 1993 for: (1) the U.S. Information Agency for expenses with respect to the independent states; and (2) the Department of State for costs of personnel and expenses for new posts in the independent states. Amends the Omnibus Diplomatic Security and Anti-Terrorism Act of 1986 to require at least 15 Fascell fellowships (for service at diplomatic or consular missions in the Soviet Union or Eastern Europe) to be provided in FY 1993. Makes funding available under the Foreign Assistance Act of 1961 for fellowships at missions in the independent states. Title IV: International Financial Institutions and Trade Finance - Amends the Bretton Woods Agreements Act to authorize: (1) the U.S. Governor of the International Monetary Fund (IMF) to consent to an increase in the U.S. quota of the IMF and to the amendments to the Articles of Agreement of the IMF approved in resolution 45-3 of the Board of Governors; and (2) the U.S. Executive Director of the IMF to approve a pledge to sell gold to restore the resources of the Reserve Account of the Enhanced Structural Adjustment Facility Trust. Makes appropriations for the IMF quota increase. Expresses the sense of the Congress with respect to encouraging efforts to address economic and political problems of nations making transitions to more open political and economic systems. Directs the Secretary of the Treasury to report to the Congress on the debt incurred by the former Soviet Union held by commercial banks outside the independent states and the prospects for repayment of such debt. Supports U.S. participation in a currency stabilization fund for the independent states. Requires the Secretary to instruct the U.S. Executive Director of the IMF to urge the IMF to study the need for, and feasibility of, a currency stabilization fund for Ukraine and make recommendatations with respect to the economic and policy conditions required for the success of such a fund. Expresses the sense of the Congress that the President should ensure that the International Finance Corporation provides an ambitious lending program for such states. Amends the International Finance Corporation Act to authorize the U.S. Governor of the Corporation to: (1) vote for any increase in capital stock needed to accommodate the requirements of the independent states; and (2) agree to amendments to the Corporation's Articles of Agreement to increase the votes by which the capital stock may be increased and by which the Articles of Agreement may be amended. Amends the Bretton Woods Agreements Act to direct the Secretary of the Treasury to instruct the U.S. Executive Director of the International Bank for Reconstruction and Development (World Bank) to urge the Bank to: (1) establish or continue programs to provide technical assistance to the independent states in support of democratic reforms, human rights, the rule of law, and market-oriented reforms; and (2) coordinate its assistance with assistance provided by other donors. Amends the International Financial Institutions Act to add the European Bank for Reconstruction and Development and the IMF to the list of institutions through which the United States shall advance human rights. Directs the Secretary to instruct the U.S. Executive Directors of international financial institutions, in assessing human rights, to consider, in relation to assistance to Russia and the other independent states, the responsiveness of such governments to providing a substantial accounting of Americans missing in action. Requires the Export-Import Bank to report to the Congress on: (1) the demand for loans, guarantees, and insurance for trade between the United States and the independent states; and (2) recommendations for promoting trade between the United States and the independent states. Amends the Export-Import Bank Act of 1945 to remove prohibitions on export credit with respect to Czechoslovakia, Estonia, East Germany, Hungary, Latvia, Lithuania, Albania, Bulgaria, Poland, Yugoslavia, Romania, and the Soviet Union. Makes a provision of the Federal criminal code that prescribes penalties for financial transactions with foreign governments in default on obligations to the United States inapplicable with respect to obligations of the independent states of the former Soviet Union. Title V: Nonproliferation and Disarmament Activities - Amends the Foreign Assistance Act of 1961 to authorize the President to provide assistance to promote nonproliferation and disarmament activities by supporting: (1) dismantlement and destruction of nuclear, biological, and chemical weapons, their delivery systems, and conventional weapons; (2) efforts to halt the proliferation of such weapons, systems, and related technologies; (3) establishment of science and technology centers for nonmilitary purposes; and (4) the conversion of military technologies and capabilities and defense industries of the independent states into civilian activities. Authorizes the President to support one or more of such centers to provide incentives for weapons scientists and engineers of the former Soviet Union to apply their expertise to civilian projects. Waives provisions of title I that require an independent state to meet certain conditions in order to receive assistance with respect to such support. Sets forth reprogramming notification requirements and funding provisions with respect to such support. Encourages the Secretaries of Defense and Energy to participate actively in U.S. efforts to stem the proliferation of nuclear weapons. Authorizes appropriations for FY 1993 for international nonproliferation activities. Reduces amounts of funds authorized under the National Defense Authorization Act for Fiscal Year 1993 for procurement for the Defense Agencies. Prohibits the obligation of funds during FY 1993 for the nonproliferation program unless expenditures for that program during FY 1993 have been determined by the Director of the Office of Management and Budget to be counted against the defense category of the discretionary spending limits for FY 1993. Makes authorizations for international proliferation activities inapplicable if the National Defense Authorization Act for Fiscal Year 1993 enacts the same authorities and authorizes appropriations. Amends the Soviet Nuclear Threat Reduction Act of 1991 to increase the amount of funds that may be transferred from Department of Defense accounts for use in reducing the Soviet military threat. Makes such amendment inapplicable if the National Defense Authorization Act for Fiscal Year 1993 enacts a similar amendment. Authorizes the Director of the National Science Foundation to establish an endowed, nongovernmental, nonprofit foundation to: (1) promote and support joint research and development projects for peaceful purposes between scientists and engineers in the United States and the independent states on subjects of mutual interest; and (2) seek to establish joint nondefense industrial research, development, and demonstration activities through private sector linkages which may involve participation by scientists and engineers in the university or academic sectors. Makes funds appropriated under the National Defense Authorization Act for Fiscal Year 1993 (to the extent available) available for the establishment of the endowment. Requires an independent state, as a condition of participation in the foundation, to make a minimum contribution to the endowment which shall reflect its ability to make a financial contribution and its expected level of participation in the foundation's programs. Authorizes local currencies generated by U.S. assistance programs to be made available to the foundation. Title VI: Space Trade and Cooperation - Requires any request for a license or other approval described under this title that is submitted to a U.S. Government agency by the National Aeronautics and Space Administration (NASA) to be considered on an expedited basis by that agency. Provides for notification of designated congressional committees if an agency denies a request. Applies this title to requests for licenses or approval necessary to conduct discussions with an independent state with respect to the possible acquisition of any space hardware, space technology, or space service for integration into U.S. space projects that have been approved by the Congress. Encourages the Office of Space Commerce of the Department of Commerce to conduct trade missions to appropriate independent states to familiarize U.S. aerospace industry representatives with space hardware, technologies, and services that may be available from the independent states and with the business practices and business climate of such states. Directs the Office of Space Commerce to: (1) monitor the progress of any discussions being carried out by NASA with the independent states; and (2) advise the NASA Administrator of the impact on U.S. industry of each potential acquisition of space hardware, technology, or services from the independent states, including any anticompetitive issues the Office may observe. Title VII: Other Provisions - Amends the Foreign Assistance Act of 1961 to remove Czechoslovakia, Estonia, East Germany, Hungary, Latvia, Lithuania, Albania, Bulgaria, Poland, Yugoslavia, Romania, and the Soviet Union from the list of Communist countries to which assistance is prohibited. Amends the Federal criminal code to remove the Soviet Union, East Germany, Hungary, Czechoslovakia, Poland, Bulgaria, and Romania from a list of countries for which special restrictions apply with respect to legal commercial transactions. Amends the Food for Progress Act of 1985 to consider the independent states to be emerging democracies for purposes of eligibility for agricultural commodities furnished under such Act. Authorizes the President to enter into agreements with private entities (as well as other entities currently listed under such Act) to furnish such commodities. Waives the annual tonnage limitation under such Act with respect to commodities furnished from stocks of the Commodity Credit Corporation (Corporation) during FY 1992 and 1993 to such states. Permits the Corporation to make commodities available on credit terms to the independent states. Amends the Agricultural Development and Trade Act of 1990 to permit export credit guarantees to be available for the establishment or improvement of facilities or the provision of services or U.S. goods in emerging democracies by U.S. persons if such guarantees will promote the export of U.S. agricultural commodities. Amends the Agricultural Act of 1978 to remove conditions on export financing of, and export credit guarantees with respect to, agricultural commodities by the Corporation that require the development of the importing country as a foreign market on a long-term basis or the improvement of the capability of such country to use such commodities on a long-term basis. Makes such amendments applicable only with respect to the independent states. Authorizes the Corporation to use such financing and guarantees to assist emerging democracies that have committed to carry out policies that promote economic freedom, private domestic production of food commodities for domestic consumption, and the expansion of domestic markets for the purchase and sale of such commodities. Expresses the sense of the Congress that the President should encourage the involvement of multinational organizations to monitor the transport and distribution of food aid within the independent states. Declares that the Corporation's export credit guarantee and export enhancement programs should be administered in a manner that contributes to the achievement of the objective that the U.S. share of world trade in processed agricultural products and high-value agricultural products is not less than 15 percent. Directs the Corporation to ensure that at least 35 percent of the total amount of credit guarantees issued in connection with sales to the independent states under the export credit guarantee program (and 25 percent of the funds expended under the export enhancement program) in a fiscal year are issued (or expended) to promote the export of processed and high-value agricultural products, with the balance issued (or expended) to promote the export of bulk or raw agricultural commodities. Makes such percentage requirements inapplicable only if the percentage of the total amount of: (1) credit guarantees issued in a fiscal year to promote the export of such products to all countries is less than 25 percent; and (2) funds expended and value of commodities made available in a fiscal year to promote such exports to all countries is less than 15 percent. Requires the Secretary of Agriculture to make quarterly reports to the Congress on the costs and imputed revenues attributable to exports of commodities as well as an examination of the effects of export efforts on employment levels and opportunities in the U.S. agricultural sectors and related industries. Amends the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1990 to extend certain provisions granting refugee status or permanent residence to nationals of the independent states, Estonia, Latvia, and Lithuania.
Bill· HRH.R. 5753 (102nd)referred
United States · United States Congress · 3 August 1992
Intermodal Surface Transporation Technical Corrections Act - Title I: Title 23 Programs - Amends title 23 of the United States Code and the Intermodal Surface Transportation Efficiency Act of 1991 to revise and make technical corrections to provisions regarding: (1) changing the name of the Interstate and Defense Highway System to the Dwight D. Eisenhower System of Interstate and Defense Highways; (2) Federal-aid highway systems; (3) State highway apportionments; (3) rights-of-way; (5) contracts for engineering and design services; (6) Federal share of costs for transportation planning; (7) payment to States for bond retirement; (8) waiver of axle weight limitations for buses using the Dwight D. Eisenhower System of Interstate and Defense Highways and certain State highways; (9) toll roads and rail-highway crossings; (10) allocation of Federal highway fund apportionments to specified State highway projects for construction of sound barriers; (11) redesignation of metropolitan planning organizations; (12) seismic retrofitting of bridges; (13) air quality improvement programs; (14) penalties for non-use of safety belts and motorcycle helmets; (15) national maximum speed limit requirements with respect to highway fund apportionments; (16) a national minimum drinking age; (17) revocation of drivers' licenses of individuals convicted of drug offenses; (18) State transportation revolving funds; (19) Federal lands highway program; (20) bicycle transportation and pedestrian walkways; (21) the highway research and technology program (22) the highway safety promotion program; (23) alcohol-impaired driving countermeasures; (24) the recycled glass and plastic demonstration program; (25) roadside barrier technology; (26) certain high cost bridge, congestion relief, high priority corridor, rural access, urban access and mobility, innovative, and intermodal projects; (27) the infrastructure awareness program; (28) the disadvantaged business enterprise program; (29) freeway service patrols; (30) traffic control standards; (31) the center for trauma and motor vehicle safety studies; (32) signs designating location of Department of Veterans Affairs facilities; (33) the Pan American highway; and (34) specified Alabama highway projects. Title II: Federal Transit Programs - Amends the Federal Transit Act with respect to various Federal transit programs, including: (1) commuter rail service; (2) the entrepreneurial transportation services program; (3) metropolitan planning; (4) transit security systems; (5) grants for university transportation centers; (6) planning and research programs; (7) the National Transit Institute; (8) increased Federal share of costs for transportation construction projects in States with large areas of Indian and public domain lands and national forests; (9) completion of MOS-1 projects; and (10) operating assistance with respect to the World University Games. Authorizes appropriations. Title III: Miscellaneous Surface Transportation Programs - Amends the Intermodal Surface Transportation Efficiency Act of 1991 to authorize appropriations through FY 1997 for grants for participation in the International Registration Plan and the International Fuel Tax Agreement. Directs the Secretary of Transportation (Secretary) to develop and evaluate radio and microwave technology for furtherance of safety in motor vehicles. Amends the National Driver Register Act of 1982 to authorize the chief driver licensing official of a State to request the Secretary to refer any request for information regarding an individual's motor vehicle driving record to such State official. Amends the Motor Carrier Safety Act of 1984 to direct the Secretary to issue regulations applying relevant commercial motor carrier safety regulations to private motor carriers of commercial motor vehicles. Requires the Secretary to develop an education program to inform such carriers of the applicability of such regulations.
Bill· SS. 3114 (102nd)open
United States · United States Congress · 31 July 1992
National Defense Authorization Act for Fiscal Year 1993 - Division A: Department of Defense Authorizations - Title I: Procurement - Subtitle A: Funding Authorizations - Authorizes appropriations to the Army, Navy, Marine Corps, and Air Force for FY 1993 for: (1) aircraft; (2) missiles; (3) weapons and tracked combat vehicles; (4) ammunition; (5) shipbuilding and conversion; and (6) other procurement. Authorizes the Secretary of the Navy to transfer certain prior-year unobligated shipbuilding and conversion balances to the FY 1993 shipbuilding and conversion funds. Authorizes appropriations for FY 1993 for: (1) the defense agencies; (2) the Defense Inspector General; (3) the reserves and National Guard; and (4) the chemical demilitarization program. Subtitle B: Army Programs - Repeals a provision of the National Defense Authorization Act for Fiscal Years 1992 and 1993 which authorized appropriations for the development of the Apache helicopter program. Authorizes the use of funds received from the sales of tanks, infantry vehicles, or armored personnel carriers by the United States under the Arms Export Control Act during FY 1990 and 1991 to upgrade such armored vehicles for fielding to the Army. Prohibits the Improved Chemical Agent Monitor from being procured for the armed forces until the Secretary of the Army completes certain testing and congressional notification with respect to such program. Subtitle C: Navy Programs - Earmarks funds from this Act for shipbuilding and conversion for specified replacement, overhaul, and conversion programs within the Navy, with a limitation with respect to advanced procurement for the aircraft carrier replacement program. Prohibits the use of funds made available by this Act or otherwise for FY 1993 from being used for: (1) a certain electronic warfare system and the Airborne Self Protection Jammer, until their operational suitability has been determined; and (2) the AV-8B radar upgrade program. Allows for the modification of F-14 aircraft, with limitations as provided in appropriation Acts. Directs the Secretary of Defense (Secretary) to report to the Congress with respect to procurement of strategic sealift. Subtitle D: Air Force Programs - Earmarks specified funds made available by this Act for Air Force procurement for the C-17 aircraft program, with certain requirements to be met by the Secretary and the Secretary of the Air Force before such sums may be obligated. Requires the Secretary to report to the Senate and House Armed Services Committees (the defense committees) with respect to an initiative to maintain control over costs, contractor performance, and management performance within the C-17 aircraft program. Provides additional funding for such program, with limitations. Requires the Secretary to make certain certifications to the defense committees with respect to the correction of fuel leaks on C-17 production aircraft. Authorizes the Secretary of the Air Force to sell components or other material procured during FY 1990 through 1992 for advance procurement for F-16 aircraft and use such proceeds for procurement of spare parts and support equipment for such aircraft. Subtitle E: Defense Agency Programs - Earmarks specified funds made available by this Act for defense agency procurement as funding for certain tactical intelligence programs, with limitations. Requires operational test and evaluation and survivability testing of certain helicopter programs to be completed prior to their release for operational use. Subtitle F: Strategic Programs - Prohibits the obligation of funds for the advance procurement of Trident II missiles until a certain cost savings report has been submitted to the defense committees. Directs the Secretary to prepare and implement a plan for testing the survivability and operational effectiveness of nonstealth heavy bombers against potential targets, as well as defenses that such bombers might encounter during conventional conflicts during the next 20 years. Requires a report. Prohibits the Secretary from obligating funds for the procurement of the CORE electronic countermeasures system until such report is received and the Secretary makes certain certifications to the defense committees with respect to the operational suitability and effectiveness of such system. Earmarks specified Air Force procurement funds under this Act for procurement for the B-2 bomber aircraft program, limiting the deployment of such aircraft to 20 plus one test aircraft. Limits the obligation of funds for such aircraft until the Secretary has made certain reports and certifications to the defense committees with respect to the performance and survivability assessment of such aircraft, as well as total costs. Directs the Secretary to develop, and report to the defense committees on, a strategy for achieving substantial reductions in the cost of developing, acquiring, and supporting space systems operated by the Department of Defense (DOD). Amends the National Defense Authorization Act for Fiscal Year 1991 to extend through October 1, 1993, the deadline for a study and report by the Secretary concerning the Ground Wave Emergency Network. Subtitle G: Chemical Demilitarization Program - Amends the Department of Defense Authorization Act, 1986 to extend through December 31, 2004, the deadline for the elimination by DOD of the existing stockpile of lethal chemical agents and munitions. Directs the Secretary of the Army to report to the Congress on the potential alternatives to the use of the Army's baseline disassembly and incineration process for the disposal of such agents and munitions. Prohibits the Army from carrying out any site preparation for such disassembly or incineration until such report is received, with exceptions. Requires the Secretary of the Army to report to the Congress on the Army's plans for destroying all chemical warfare material that would be required to be destroyed if the United States became a party to a chemical weapons convention (a group of countries requiring the destruction by its members of specified binary chemical weapons and munitions). Directs the Secretary of the Army to report to the Congress on the physical and chemical integrity of the existing chemical weapons that are contained in U.S. chemical weapons stockpiles and stored within eight chemical weapons storage sites within the United States. Title II: Research, Development, Test, and Evaluation - Subtitle A: Authorizations - Authorizes appropriations for FY 1993 for the armed forces, the defense agencies, the Deputy Director of Defense Research and Engineering, and the Director of Operational Test and Evaluation for research, development, test, and evaluation (R&D). Earmarks specified amounts of such authorization for: (1) basic research and exploratory development projects; (2) manufacturing technology development; and (3) the Strategic Environmental Research and Development Program. Subtitle B: Program Requirements, Restrictions, and Limitations - Sets forth program requirements, restrictions, or limitations with respect to the V-22 Osprey aircraft program. Directs the Commandant of the Marine Corps to report to the defense committees on the crash of such aircraft prototype that occurred on July 20, 1992. Limits to 50 percent the available FY 1993 authorized funds for such aircraft until such report is received. Earmarks specified FY 1993 R&D funds for R&D in connection with the special operations variant of such aircraft. Directs the Secretary to specify in the FY 1994 defense budget a separate program element for electronic warfare programs involving ship self-defense. Subtitle C: Missile Defense Program - Amends the Missile Defense Act of 1991 to revise provisions concerning the implementation of the U.S. goal of deploying an antiballistic missile system capable of providing a highly effective defense of the United States against limited attacks of ballistic missiles. Directs the Secretary to transfer management and budget responsibility for R&D of all far-term follow-on technologies with respect to missile defense technology from the Strategic Defense Initiative Organization to the Defense Advanced Research Projects Agency (DARPA) or the appropriate military department, unless he determines and certifies to the Congress that transfer of a particular technology currently under the Organization would not be in the national security interests. Removes the current reference to the goal of the establishment of capable theater missile defense systems by FY 1996, while limiting R&D of follow-on technologies for such systems to those not likely to be incorporated into weapons within ten to 15 years after the date of enactment of such Act (December 5, 1991). Earmarks for obligation to the Strategic Defense Initiative (SDI) specified amounts of the total amount appropriated or made available to DOD for FY 1993. Earmarks such amounts to specific program elements of SDI. Authorizes the Secretary to transfer such specified amounts among the program elements, with limitations. Requires the Secretary to report to the defense committees on the allocation of funds appropriated for SDI for FY 1993. Places certain limitations on the obligation or expenditure of FY 1993 DOD funds for the development or testing of antiballistic missile systems or components, or the acquisition of material or equipment required for such development or testing. Subtitle D: Other Matters - Earmarks specified FY 1993 DOD R&D funds for the medical component of the Biological Defense Research Program of DOD, with limitations. Title III: Operation and Maintenance - Subtitle A: Authorizations of Appropriations - Authorizes appropriations for FY 1993 for operation and maintenance for the Army, the Navy, the Marine Corps, the Air Force, the defense agencies, the reserve components of the armed forces, the National Guard, the National Board for the Promotion of Rifle Practice, the Defense Inspector General, drug interdiction and counter-drug activities, defense, the Court of Military Appeals, environmental restoration, humanitarian assistance, the Defense Health Program, and support for the 1996 summer Olympics, the 1993 World University Games, and the 1994 World Cup Games. Authorizes appropriations for FY 1993 for working capital funds of the armed forces and the defense agencies. Authorizes appropriations for FY 1993 from the Armed Forces Retirement Home Trust Fund for the operation of the Armed Forces Retirement Home. States that funds authorized under this Act for humanitarian assistance shall be used to provide transportation for humanitarian relief for the people of Afghanistan and Cambodia, and for persons displaced or made refugees by the invasion of Afghanistan by the Soviet Union. Earmarks specified sums for noncombatants at or near the border between Thailand and Cambodia. Authorizes the Secretary to transfer specified sums to the Secretary of State for FY 1993 for providing such humanitarian assistance, requiring the Secretary of State to use the most economical commercial or military transportation possible. Requires the Secretary of Defense to report to specified congressional committees on specified dates on the provision of such assistance. Requires the Secretary to notify specified congressional committees on his intention to transport humanitarian relief to a country to which such transportation has not been specifically authorized by law. Authorizes the Secretary to provide logistical support and personnel services in connection with the 1994 World Cup Games, with a limitation. Authorizes the Secretary to transfer funds from the Defense Business Operations Fund and the National Defense Stockpile Transaction Fund to appropriations for operation and maintenance for FY 1993, with specified amounts earmarked to each military department. Subtitle B: Environmental Provisions - Requires the Director of the Defense Logistics Agency to evaluate, and report to the defense committees on, the use of class I substances (chlorofluorocarbons and halons) by the military departments and defense agencies. Prohibits any DOD contract awarded, modified, amended, or extended after June 1, 1993, from including a specification or standard that requires the use of an ozone-depleting substance unless the specification or standard is approved by the senior acquisition official for the procurement covered by the contract because a suitable substitute for such ozone-depleting substance is not currently available. Requires certain action to be taken by an official granting such an approval, including reports to the Secretary and notifications to the defense committees. Authorizes the Secretary to reimburse a contractor for reasonable costs incurred in providing a substitute for an ozone-depleting substance in the awarded contract. States that environmental restoration activities at current and former military installations shall be deemed to be functions that facilitate the national defense. Requires the Secretary of a military department to ensure that contracts entered into by such Secretary for environmental restoration activities at a current or former military installation provide for the military department and the contractor to share the risk of liability resulting from such restoration activities. Provides for contracting implementation of such risk-sharing requirement. Directs the Secretary to report to the defense committees on its implementation. Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) to provide that, in the case of real property owned by the United States that is part of a military installation to be closed, the head of the department or agency with jurisdiction over such property shall identify the real property on which neither hazardous substances nor petroleum products or its derivatives were stored for one year or more, are known to have been released, or were disposed of. Outlines identification procedures and deadlines. Requires a deed for the transfer or sale of such identified property to contain a covenant stating that any corrective action found to be necessary from the presence of hazardous substances or petroleum products on such property shall be conducted by the United States, with access to such property to take such corrective action as necessary. Requires the appropriate agency or department head having jurisdiction over a property used as a military facility on which any hazardous substance or petroleum product or its derivatives was stored for one year or more, is known to have been released, or was disposed of, and on which the United States plans to terminate military operations, to notify the State in which such property is located of any lease entered into by the United States that will encumber the property beyond the date of termination of operations on such property. Directs the Secretary to defend, indemnify, and hold harmless any State, political subdivision, or person that acquires ownership or control of a facility of a military installation against any actions arising out of the release or threatened release of any hazardous substance or pollutant or contaminant as a result of DOD activities at any military installation that is closed pursuant to a base closure law, unless such entity or person caused or contributed to such release or threatened release. Prohibits the use of FY 1993 environmental restoration funds for the payment of fines or penalties unless the act or omission for which the fine or penalty is imposed arises out of activites funded by those funds. Includes environmental restoration contracts of DOD (currently only R&D contracts) within provisions providing contractor indemnification for claims from an unusually hazardous risk taken by the contractor in fulfilling such contract. Amends CERCLA and other Federal law to extend through December 31, 1995, the authority to issue contractor surety bonds for the performance of environmental response actions in connection with certain defense environmental programs. Prohibits funds appropriated or otherwise made available to DOD for FY 1993 from being used to purchase surety bonds or other guaranties of financial responsibility in order to guarantee the performance of any direct function of DOD. Establishes the Legacy Fellowship Program in Natural and Cultural Resource Management (Program) to provide training to civilian and military personnel in the management of natural and cultural resources. Requires at least three fellows to be appointed for participation in such Program. Provides Program funding from FY 1993 DOD authorizations. Authorizes supplemental appropriations for FY 1992 and 1993 for environmental restoration, defense, and the Department of Defense Base Closure Account 1990. Subtitle C: Defense Economic Diversification, Conversion, and Stabilization - Amends the Defense Economic Diversification, Conversion, and Stabilization Act of 1990 to require the Secretary of Defense to be chairman of the Economic Adjustment Committee. (Currently, such chairmanship rotates between the Secretaries of Defense, Commerce, and Labor on a yearly basis.) Directs the Chairman to establish an Executive Council of such Committee to develop policies and procedures to ensure that communities, businesses, and workers substantially and seriously affected by reductions in defense expenditures are advised of the assistance available to them under programs administered by the Departments of Defense, Commerce, and Labor and the Small Business Administration (SBA). Requires notification to be provided to affected communities, businesses, and workers with respect to the lack of any follow-on contracts or other defense-related contract activity. Amends the National Defense Authorization Act for Fiscal Year 1991 to extend through FY 1993 the authorization of appropriations for certain defense stabilization activities outlined under such Act. Provides an identical extension under such Act with respect to defense conversion adjustment. Directs the Secretary, in consultation with the Secretary of Education, to provide financial assistance to local educational agencies (LEAs) if, without such assistance, such LEA will be unable to provide students in schools of such LEA with a level of education that is equivalent to the minimum level of education available in the schools of the other LEAs in the same State. Outlines additional eligibility requirements. Directs the Secretary, in assisting communities in making adjustments resulting from reductions in the size of the armed forces, to transfer to the Secretary of Education funds to make payments to LEAs that are entitled to receive educational benefits for children of persons who reside or work on Federal property, who are on active duty in the armed forces, or who are refugees. Directs the Secretary to report to the Congress on the LEAs affected by the closures and realignments of military installations and by redeployments of members of the armed forces. Provides funding for such payments to eligible LEAs through FY 1993 DOD operation and maintenance authorizations. Subtitle D: Department of Defense Civilian Personnel Transition Initiatives - Requires the Secretary of the military department concerned, if such Secretary separates an employee from employment under a reduction in force and within two years after such separation seeks to employ a person for that same position or a position in the same competitive area, to first offer the separated employee such position, and to not employ a contract or temporary employee in the position. Requires the Secretary concerned, in seeking to reemploy separated employees but not in a sufficient number to reemploy all such employees, to offer reemployment on the basis of seniority in Federal service. Directs the Office of Personnel Management (OPM) to establish and keep current a comprehensive list of all announcements of vacant positions in the competitive service within each agency (except the General Accounting Office and agencies conducting intelligence activities) that are to be filled by appointments for more than one year and for which applications are being accepted from outside the agency work force. Requires such list to be available to the public. Requires the Director of OPM to begin providing such information by toll-free telephone within 120 days after enactment of this Act. Requires an agency, in filling a vacant position for which a qualified displaced employee (a current or former DOD employee notified of termination or separated from employment due to a reduction in force) has properly applied, to give full consideration to such application before selecting any applicant from outside the agency for the position. Provides such preference for 12 months after notice or separation. Requires certain notification to be given, in the case of employees released from employment due to a reduction in force: (1) to the employee; (2) to his or her collective bargaining representative; and (3) if the reduction involves a significant number of employees, to the appropriate State dislocated worker unit and the chief official of the local government concerned. Authorizes the President to shorten the otherwise-required 60-day period of advance notification of such reductions in force because of circumstances not reasonably foreseeable. Amends the Defense Base Closure and Realignment Act of 1990 to provide that the date of notice of termination of employment of an employee of a military installation being closed or realigned under a base closure law (for purposes of determining eligibility for defense conversion adjustment assistance under the Job Training Partnership Act) shall, unless actual notice of termination is given, be 12 months before the closure or realignment is completed. Makes an identical amendment to the Defense Authorization Amendments and Base Closure and Realignment Act. Authorizes the Secretary concerned to pay a civilian employee having been employed for a continuous period of at least 12 months a separation benefit if such employee separates voluntarily from employment by either resignation or retirement. Outlines administrative provisions concerning the payment of such separation benefit, and prohibits such payment for a separation occurring after December 31, 1997. Restores certain leave of a Federal civilian employee of a military installation during the closure of such installation between October 1, 1992, and December 31, 1997. Requires certain reports. Provides for the continuation of certain Federal employee health benefits if the basis for such continuation of coverage is involuntary separation from a DOD position due to a reduction in force, limiting the individual to payments of no more than the required employee contributions for such coverage. Applies Thrift Savings Plan and Civil Service Retirement System benefits to employees (and their spouses) separated from service due to a reduction in force. Authorizes the Secretary and the Secretaries of the military departments to provide up to one year of training to civilian DOD employees who are separated from employment as a result of a reduction in force or the closure or realignment of a military installation. Allows such training between October 1, 1992, and September 30, 1995. Directs the Secretary to publish a register of the skill training programs carried out by DOD. Subtitle E: Other Matters - Extends through April 15, 1994, the authorized period of management by the Secretary of the Defense Business Operations Fund (DBOF). Limits the obligations authorized to be incurred by the Secretary in FY 1993 against the supply management divisions of the DBOF, with an exception when determined critical to U.S. national security. Extends through FY 1994 a required annual report from the Secretary concerning the security and control of DOD supplies. Adds to the information required in such report. Repeals a Federal provision requiring the Secretary to establish guidelines for reductions in the number of civilian DOD employees employed by industrial- or commercial-type activities. Directs the Secretary of the Army to provide for: (1) the operation and maintenance of indoor and outdoor rifle ranges; (2) the instruction of U.S. citizens in marksmanship and the employment of appropriate instructors; (3) the maintenance and management of matches or competitions in the use of such arms and the issue of necessary supplies; (4) the award of trophies; (5) the loan or sale of rifles and their ammunition and related equipment; and (6) the maintenance of the National Board for the Promotion of Rifle Practice. Authorizes such Secretary to issue for use in training and competition certain ammunition to qualifying gun clubs. Provides that amounts collected by such Secretary in the sale of guns and related supplies and ammunition shall be used to support the Civilian Marksmanship Program. Authorizes appropriations. Requires all rifle ranges constructed in whole or in part with funds provided by the United States to be used by members of the armed forces and persons capable of bearing arms. Authorizes the Secretary concerned to establish reasonable fees for use by civilians of a rifle range located on a military installation, to cover material and supply costs. Requires such fees collected to be used to maintain such rifle range. Prohibits civilian use of such range from interfering with any required military use. Provides for the payment of certain expenses of members of the armed forces competing at matches or competitions or attending small-arms firing schools. Allows funds authorized under this Act for operation and maintenance to be used to purchase items not exceeding $100,000 for each item. Amends the National Defense Authorization Act for Fiscal Year 1991 to extend through FY 1993 the authority for aviation depots and naval shipyards to engage in defense-related production and services. Amends the National Defense Authorization Act for Fiscal Years 1992 and 1993 to repeal a requirement for a competition pilot program for the depot-level maintenance of materials. Amends the Defense Dependents' Education Act of 1978 to authorize the Secretary to provide optional summer school programs in the defense dependents' education system. Directs the Secretary to review the practices and procedures of the military departments regarding the use of civilian airfields in flight training activities of the armed forces, giving special consideration to airfields located in heavily populated areas. Directs the Secretary to sell to South Korea all or any part of obsolete ammunition in DOD inventory which is intended for use as reserve stocks for Korea and is located in a stockpile in South Korea on the date of enactment of this Act. Authorizes the Secretary to acquire logistic support, supplies, and services for elements of the armed forces deployed outside of the United States (currently, deployed in Europe and adjacent waters). Excepts a period of active hostilities involving the armed forces (currently, NATO) from a provision concerning the liabilities that may be accrued by the United States for the acquisition of supplies. Directs the Secretary of a military department or the head of a defense agency, when cost effective, to provide a preference for the procurement of the most energy efficient equipment available that meets the needs or requirements for the procurement. Directs the Secretary, using 50 DOD facilities, to conduct demonstration programs for using energy efficient lighting equipment and energy efficient refrigeration equipment. Requires audits. Requires facility designations and audit completions by specified dates. Title IV: Military Personnel Authorizations - Subtitle A: Active Forces - Authorizes end strengths for active-duty forces for FY 1993. Authorizes the Secretary to waive an end strength when considered necessary to prevent personnel imbalances that would impair long-term combat readiness. Authorizes the Secretary to transfer certain amounts appropriated to DOD under this Act in order to prevent involuntary separations that would otherwise be necessary to reduce the size of an armed force to within the authorized end strength. Requires the Secretary to promptly notify the Congress of any such transfers. Authorizes the Secretary to adjust end strengths in the national interest, with limitations to such adjustments for both active-duty and reserve forces. Repeals specified provisions of the National Defense Authorization Act for Fiscal Year 1991 and the National Defense Authorization Act for Fiscal Years 1992 and 1993 which limit reductions in the number of DOD medical personnel. Authorizes the Chairman of the Joint Chiefs of Staff (JCS) to designate up to eight general and flag officer positions within joint duty requirements for exclusion from limitations on the end strengths for general and flag officers on active duty. Subtitle B: Reserve Forces - Authorizes end strengths for reserve components of the armed forces for FY 1993. Allows such end strengths to be reduced in proportion to the total amount of reserve members on active duty, with a proportionate increase when such personnel return to reserve duty. Prohibits, with specified exceptions, any unit of the Selected Reserve from being inactivated during FY 1993. Requires the Secretary to provide the defense committees with the rationale for any unit inactivation sought. Authorizes end strengths for FY 1993 for reserve personnel serving on active duty in support of the reserves. Subtitle C: Military Training Student Loads - Authorizes the average military training student loads for FY 1993. Provides for the adjustment of such student loads consistent with manpower strengths authorized under this Act. Subtitle D: Funding Authorization - Authorizes appropriations for FY 1993 for the use of the armed forces for military personnel. Title V: Military Personnel Policy - Subtitle A: Reserve Component Matters - Directs the Secretary to ensure that, by the end of FY 1993, a specified number of active Army combat support positions are transferred to the reserve components of the Army. Prohibits the Secretary from reducing the number of Army National Guard or Army Reserve medical personnel below the number existing on September 30, 1992. Extends through FY 1993 certain reserve officer management programs. Prohibits former Army or Air Force reserve officers from being reenlisted if: (1) the person was discharged or released from active duty as a reserve on the basis of misconduct, moral or professional dereliction, duty performance below prescribed standards, or retention being inconsistent with national security; or (2) the person's former enlisted status and grade was based solely on the participation in a precommissioning program that resulted in the reserve commission held by such person before release or discharge. Subtitle B: Services Academies - Prohibits the use of funds appropriated to DOD to support the assignment of more than one general officer to permanent duty at the United States Military Academy and at the United States Air Force Academy or to support the assignment of any general officer in a grade above general to permanent duty at either Academy. Provides a transition provision. Allows the Chairman of the JCS to waive such prohibition to meet unsatisfied requirements for general officer joint duty positions. Directs the Secretary to report to the defense committees a plan for implementing certain recommendations reported by the Comptroller General regarding military preparatory schools. Directs the Secretary to recommend to the defense committees legislation for: (1) establishing an equal number of civilian and military faculty members at the U.S. Military Academy and the U.S. Air Force Academy; and (2) phasing out the assignment of military personnel as permanent professors at those academies. Prohibits funds appropriated to DOD from being used to support the assignment of enlisted personnel for permanent duty in a military band for any service academy band. Prohibits funds made available for pay of military personnel from being used to pay for noninstructional positions at the service academies not certified by the DOD Inspector General as being directly involved in the administration of the faculty or students or in the maintenance of facilities or equipment. Requires each service academy to be under the supervision and control of the commander of the major Army, Navy, or Air Force command having jurisdiction over that department's officer training program. Subtitle C: Officer Personnel Policy - Directs the Secretary to report to the defense committees on the plans of the military departments for the procurement of officer personnel during each of FY 1993 through 1997. Requires a related report on planned officer assignments for commissioned officers who begin their obligated active duty service during such fiscal years. Directs the Secretary to provide for a federally funded research and development center that is independent of the military departments to review the officer personnel management system of each department and to determine and evaluate the effects of the post-Cold War officer strength reductions on that officer personnel management system. Requires a report and provides funding. Amends the National Defense Authorization Act for Fiscal Years 1992 and 1993 to direct the Secretary to require the conduct of test assignments of female members of each armed force to duty in combat aircraft. Revises provisions concerning selective early retirement to authorize the Secretary concerned to submit to an early retirement selection board the names of all eligible officers who are also in particular year groups, specialties, or retirement categories, or any combination thereof within that competitive category. Provides for the retirement of certain limited duty Navy captains and commanders who have failed twice for promotion to the following grade. Limits the duration of a deferred retirement for such limited duty Navy officers. Subtitle D: Active Forces Transition Enhancements - Directs the Secretary to implement a program to encourage members and former members of the armed forces to enter into public and community service jobs after discharge or release from active duty. Directs the Secretary to maintain a registry of discharged or released former members who request assistance in pursuing such careers, as well as a registry of public and community service organizations. Directs the Secretary to match former personnel registered with jobs coming available through the service organizations. Directs the Secretary to: (1) develop proposed uniform standards and procedures for the granting of appropriate credit for service in the armed forces under State teacher certification or licensing procedures; and (2) coordinate with appropriate State agencies the incorporation of such standards and procedures into such State's certification or licensing requirements. Authorizes the Secretary to delegate his responsibilities to the Secretary of Education. Authorizes the Secretary concerned to grant to an eligible member of the armed forces a leave of absence of up to one year to pursue a program of education or training for the development of skills relevant to the performance of public and community service. Outlines provisions concerning eligibility requirements, and excludes any member granted such a leave of absence for such purposes from any required military personnel end strength limitations. Terminates the authority to grant such leaves on September 30, 1995. Authorizes the Secretary concerned, upon the member's request, to grant an early retirement to regular or reserve commissioned officers in their respective military departments who have served between 15 and 20 years, as long as such members agree to register on the public or community service registry maintained under this Act by the Secretary and receive counseling regarding such job opportunities. Provides for the computation of the retired pay of members so retired, and provides funding for the implementation of such early retirement. Terminates such authority on October 1, 1995. Provides that if a member so retired is actually employed by a public or community service organization within their enhanced retirement qualification period, their retirement pay shall be recomputed to provide an increase in the years of service which includes the years of public or community service. Defines the "enhanced retirement qualification period" as the period between the member's early retirement date and the date on which the member would have completed 20 years of service had the member not chosen early retirement. Provides for a similar recomputation of the Survivor Benefit Plan (SBP) base amount for the purpose of payment of survivor annuities. Allows active-duty personnel who are voluntarily discharged or released from the armed forces, who have completed a program of education leading to a standard college degree, and who previously made an election while on active duty not to participate in the Montgomery GI Bill educational assistance program to withdraw such election within 90 days after discharge or release and participate in the program. Requires a $1,200 payment to the Secretary of Veterans Affairs by such individuals for participation in the program. Provides that, except for annual training or active duty for training of 30 days or less, a reserve member entitled to voluntary separation incentive payments who is also entitled to basic pay for active service shall forfeit an amount of voluntary separation incentive pay which is equal to the total amount of basic pay received during such concurrent periods. Extends through FY 1995 the authorization of appropriations for certain employment, job training, and other assistance for members being separated from active duty. Directs the Secretary and the Director of OPM to jointly carry out a program to provide eligible persons with temporary health benefits under the program of continued health coverage provided for former civilian employees of the Government. Makes eligible for such continued coverage members who were voluntarily or involuntarily discharged or released from active duty under other than adverse conditions, were entitled to medical and dental care prior to such discharge or release, and would not otherwise be eligible for such benefits after such discharge or release and any applicable period of transitional health care. Outlines provisions concerning: (1) notification by the Director of eligibility; (2) election by the member to receive such continued benefits; (3) coverage of dependents; (4) charges for such coverage, to be paid into the Employees Health Benefits Fund; (5) contributions into such Fund by the Secretary in the case of coverage for a member involuntarily discharged; (6) the period of continued coverage; (7) transitional provisions; and (8) termination of other health conversion policies upon election of coverage under the above health benefits continuation program. Subtitle E: Guard and Reserve Transition Initiatives - Defines the "force reduction transition period," for purposes of this Subtitle, as the period beginning on October 1, 1991, and ending on September 30, 1995. Provides that during the force reduction transition period (period), no unit in the Selected Reserve may be inactivated and no such member may be involuntarily discharged from a reserve component or involuntarily transferred from the Selected Reserve before the Secretary has promulgated, implemented, and transmitted to the defense committees regulations that govern the treatment of members assigned to such units and members of the Selected Reserve being subjected to such actions. Requires such regulations to ensure that Selected Reserve members are treated fairly, with respect to their service to their country, and with attention to the adverse personal consequences of unit deactivation or involuntary discharges or transfers. States that the protections afforded by such regulations shall not apply with respect to a member discharged or transferred under specified circumstances, including: (1) at the member's request; (2) due to the lack of qualification for further membership; (3) under adverse conditions; or (4) based on current eligibility for retirement or separation pay. Provides for the payment of annual retirement payments by the Secretary concerned to a member of the Selected Reserve who, during the period (and an application period), has completed at least 20 years of retirement-creditable service, is under 60 years of age, and applies for transfer to the Retired Reserve. Outlines provisions concerning the length of such annual payments as well as its computation. Authorizes the Secretary concerned to limit the applicability of such provisions in order to meet the specific needs of the service. Provides funding. Authorizes the Secretary concerned, during the period beginning on the date of enactment of this Act and ending on October 1, 1995, to provide early retirement benefits for a person who has completed at least 15, but less than 20 years of service as of October 1, 1991, or after such date and before October 1, 1995, has completed at least 15 years of service and transfers to the Retired Reserve. Authorizes the Secretary concerned to limit the applicability of such provisions in order to meet the specific needs of the service. Provides separation pay, in a computed amount, to members of the Selected Reserve who have completed at least six but less than 15 years of service and are involuntarily discharged or transferred from the Selected Reserve. Waives the continued service required for eligibility under the Montgomery GI Bill educational assistance program for individuals who, before completing the years-in-service requirement, cease to be members of the Selected Reserve by reason of inactivation of their unit during the period. Directs the Secretary to prescribe regulations to authorize a person who involuntarily ceases to be a member of the Selected Reserve during the period to continue to receive commissary and exchange privileges for one year after such cessation or one year after the enactment of this Act, whichever is later. Increases from 120 to 365 days after the involuntary termination as a member of the Selected Reserve the period during which continued coverage under Servicemen's Group Life Insurance will be provided, as long as such member is able to fulfill certain other requirements for eligibility for such insurance. Authorizes the Secretary concerned to limit the applicability of any of the above benefits provided to members and former members of the Selected Reserve in order to meet the needs of the service. States that all such benefits are inapplicable to personnel who cease to be members under adverse conditions. Subtitle F: Other Matters - Provides for retention on active duty until the completion of 20 retirement-eligible years of service for certain enlisted regular and reserve members who have completed at least 18, but less than 20 years of such creditable service. Reduces from 300 to 240 the authorized number of enlisted personnel to be assigned to duty at any one time as enlisted aides. Allows the assignment as an enlisted aide to the personal staff of an officer only if such officer is a commander. Limits the authorized amount of FY 1993 DOD funds that may be expended for the costs of permanent changes of station. Reduces the number of personnel authorized to carry out recruiting activities during FY 1994 to 90 percent of that authorized for FY 1992. Limits to 3,500 the total number of Junior Reserve Officers' Training Corps units that may be established and maintained by the military departments. Authorizes the Secretary concerned to pay the entire amount of such educational costs to an institution if the Secretary determines such to be in the national interest and the interest of the community of that institution. Title VI: Compensation and Other Personnel Benefits - Subtitle A: Pay and Allowances - Waives during FY 1993 a required pay increase for military personnel in conformity with the annual GS-level increase for the Federal Government. Increases by 3.7 percent the rates of basic pay, basic subsistence allowance, and basic allowance for quarters (BAQ) on January 1, 1993. Provides temporary rates of basic pay for the period after December 31, 1992, and before October 1, 1995, for certain noncommissioned officers and warrant officers and for certain colonels and Navy captains. Extends through FY 1993: (1) the enlistment and reenlistment bonus for members possessing critical skills; (2) the aviator retention bonus; (3) the bonuses for reserve enlistments, reenlistments, affiliations and extensions; (4) the special pay authority for enlisted members of the Selected Reserve assigned to high priority units; (5) the period for repayment of education loans for certain health professionals who serve in the Selected Reserve; (6) the accession bonus for registered nurses; (7) the nurse candidate accession program; and (8) the special pay for nurse anesthetists. Subtitle B: Other Matters - Directs the Secretary to report to the defense committees the Secretary's recommendations for legislation permitting the concurrent payment to members and former members of the armed forces of full military retirement benefits and full compensation for service-connected disabilities payable under laws administered by the Secretary of Veterans Affairs. Directs the Secretary to reserve in a DOD contingency fund a sufficient amount to ensure such concurrent payments in FY 1994 if such legislation is enacted. Expands the expenses considered reimbursable under a DOD adoption expenses programs covering members adopting a child under 18 years of age to include expenses relating to pregnancy and childbirth for the biological mother, and temporary foster care charges when payment of such charges is required immediately before the child's placement. Includes transportation expenses relating to the adoption, with exceptions. Makes identical expansions under the Coast Guard adoption expenses coverage program. Prohibits any person from having any lien on baggage and household goods being transported for military personnel at Government expense or on a motor vehicle being so transported. Authorizes the payment of an advance of pay of up to two months' basic pay to a member on duty outside the United States or other place designated by the President if the member or his or her dependents are ordered to be evacuated by competent authority. Provides an increase in a recomputed retirement pay for certain enlisted members credited with extraordinary heroism in the line of duty during a period of active service. Includes certain travel and transportation allowances within the benefits authorized under the special separation benefits program (a program of voluntary separation from the armed forces in return for the receipt of certain benefits). Authorizes the payment of retired pay for a person who, before August 16, 1945, was a member of the reserves, if such person performed at least 20 years of retirement-creditable service. Excludes certain service before such date in the computation of retirement-creditable service. Provides a subsistence for expenses incurred by a member of the armed forces while performing duties as an escort of an arms control inspection team of a foreign country while the team is engaged in activities relating to the implementation of an arms control treaty or agreement. Title VII: Health Care Provisions - Authorizes a chiropractor who is qualified under regulations prescribed by the Secretary of the military department concerned to be appointed as a regular commissioned officer in the Army Medical Service Corps, the Navy Medical Corps, or in the Air Force for designation as a chiropractic officer. Revises the dependents' dental program under the Civilian Health and Medical Program of the Uniformed Services (CHAMPUS) by: (1) repealing the authority for the provision of a supplemental dental benefits plan for spouses and children of active-duty personnel; (2) increasing to up to $20 monthly (currently $10) the member premium for such coverage; (3) expanding such coverage to include orthodontic services, crowns, gold fillings, bridges, and complete or partial dentures; (4) requiring a percentage payment as determined appropriate by the Secretary for the services provided under such expanded coverage; and (5) directing the Secretary to devise and implement a program for the improvement of the provision of dental benefits to such members' dependents. Expresses the sense of the Congress that members of the armed forces, and their dependents and survivors, should have access to health care under the health care delivery system of the armed forces regardless of age or health care status. Outlines specified action to be taken under a comprehensive managed health care plan for such individuals by the Secretaries of Defense, Health and Human Services, and Transportation. Directs the Secretary to establish a joint services working group on the provision of military health care to persons who rely for health care on health care facilities at military installations being closed or realigned. Requires the working group to solicit views from those affected by such closures or realignments regarding suitable substitutes for such care. Requires the working group to recommend to the Congress and the Secretary alternative means of providing accessible health care to such individuals. Directs the Secretary to: (1) establish a program that permits eligible individuals to obtain prescription pharmaceuticals by mail in connection with medical care furnished to such persons under CHAMPUS; and (2) conduct the program in two or more regions, each region consisting of two or more States. Defines as persons eligible for such program any person entitled to medical care under a CHAMPUS contract, or a person over 65 years of age and living in an area affected by the closure of a health care facility as a result of the closure or realignment of a military installation at which the facility is located. Requires: (1) a fee to be charged individuals for the pharmaceuticals; and (2) a report. Directs the Secretaries of Defense, Health and Human Services, and Transportation to conduct annually a formal survey of CHAMPUS beneficiaries with regard to the availability of, familiarity with, and effectiveness of, such health care system. Reduces from $10,000 to $7,500 the maximum yearly cost of CHAMPUS health care required to be paid by a former member of the armed forces or an individual or family of two or more persons, effective as of FY 1993. Includes certain renal disease patients under Medicare coverage under an exception authorizing the continuation of concurrent CHAMPUS coverage for such patients. Applies such concurrent coverage with respect to health care benefits or services received after FY 1991 if such benefits would have been covered under a plan contracted for under CHAMPUS. Allows home health services and other services in connection with extraordinary physical or psychological conditions to be provided through CHAMPUS only through a program of individualized case management established by the Secretary and in a manner determined to be cost-effective and appropriate. Directs the Secretary and the Secretary of Health and Human Services (HHS) to jointly conduct a demonstration project that provides for the Secretary of HHS to reimburse DOD for health care services furnished to Medicare-eligible persons at a DOD health care facility. Requires amounts reimbursed to be used at that facility for the furnishing and expansion of health care services. Requires a report. Directs the Secretary to: (1) conduct a study of the feasibility and advisability of entering into risk-sharing contracts with health care organizations to furnish health care services to person entitled to such care in a military health care facility; (2) if determined feasible, develop a plan for entering into such contracts; and (3) report study results to the Congress. Amends the National Defense Authorization Act for Fiscal Years 1992 and 1993 to direct the Secretary to undertake a comprehensive review of the Federal employees health benefits program in order to determine whether furnishing health care under a similar program to CHAMPUS-eligible persons would be more efficient and cost-effective. Directs the Secretary to provide by contract for the operation of a health claims processing center to be known as the National Centralized Claims Processing System for CHAMPUS (Center). Requires: (1) the Center to commence operations within five years after enactment of this Act; and (2) competitive procedures for entering into such a contract. Outlines Center information collection, storage, and processing activities. Requires claims submitted to conform to requirements applicable to claims submitted under part A of Medicare. Requires the Secretary to determine whether the use of a standard identification card containing electronically readable information will enhance the capabilities of the Center. Directs the Secretary, during FY 1993 through 1996, to continue to test a broad array of reform options for furnishing health care to eligible persons under the CHAMPUS health care reform initiative. Directs the Secretary to ensure that a replacement or successor contract for the CHAMPUS Reform Initiative contract applicable for California and Hawaii is awarded in time to begin provision of health care there under the new contract by August 1, 1993. Directs the Secretary to provide by contract for a person outside the Government to perform an evaluation of the conduct of the CHAMPUS Reform Initiative in California and Hawaii, and to report evaluation results to the Secretary and the Congress. Directs the Secretary to modify the Policy Guidelines on the Department of Defense Coordinated Care Program to provide covered beneficiaries with additional positive incentives to enroll in the DOD coordinated care program. Directs the Secretary, as part of such incentive review, to consider the extent to which covered beneficiaries not enrolled in the program are permitted to choose health care providers without prior referral or approval. Prohibits the Secretary from denying access to military treatment facilities to those not enrolled in the program, while allowing the Secretary to establish reasonable admission preferences for those enrolled in the program as an incentive to encourage enrollment. Excludes certain unmarried incapacitated legitimate children of members or former members of the armed forces from CHAMPUS coverage. Entitles a member of the armed forces who is on duty at a station outside the United States (and any accompanying dependent) to the provision of any reproductive health service in a military medical facility outside of the United States serving that duty station in the same manner as any other type of medical care. Requires the member to pay the full cost of receiving such care. Title VIII: Acquisition Policy, Acquisition Management, and Related Matters - Subtitle A: Defense Conversion Policy for the National Defense Technology and Industrial Base - Sets forth provisions concerning the National Defense Technology and Industrial Base (NDTIB). Outlines NDTIB policy objectives and how they relate to defense conversion and civil-military integration objectives. Establishes the National Defense Technology and Industrial Base Council (Council) to provide overall policy guidance and direction to the military departments and defense agencies concerning: (1) the capabilities of the NDTIB to meet U.S. national security objectives; (2) programs for achieving the defense conversion objectives set forth; and (3) changes in acquisition policy that would strengthen the NDTIB. Directs the Council to prepare a comprehensive annual assessment of the NDTIB to achieve its stated objectives. Requires each assessment to include a sector (technology or industry) capability analysis containing specified information with respect to its ability to achieve the stated objectives. Outlines factors concerning foreign dependency on raw materials, systems, equipment, and facilities to be addressed in each assessment. Requires each such assessment to also include: (1) an analysis of the present and projected financial condition of each sector for specified periods; (2) an analysis of the impact of the terminations and significant reductions of major R&D programs and procurement programs of DOD on the capability of each sector to achieve its objectives; (3) a critical technology analysis that identifies the product and process technologies that are most critical for attaining the technology and industrial base objectives; and (4) an analysis of each sector's viability in light of defense and nondefense expenditures, integration with the commercial marketplace, and production. Directs the Council to prepare an annual plan for ensuring that the policies and programs of DOD, the Department of Energy (DOE), and other Federal departments and agencies are planned, coordinated, funded, and implemented in a manner which achieves policy objectives. Requires each plan to provide specific guidance, including goals, milestones, and priorities, with respect to: (1) sector viability; (2) manufacturing technology; (3) critical technologies; (4) integrated financing; (5) civil-military integration; (6) defense conversion; (7) technology and industrial base work force; (8) major program acquisition; and (9) acquisition reform. Requires the plan to establish funding priorities for each area of guidance. Directs the Secretary to provide the annual plan to the Secretaries of the military departments and the heads of other affected elements of DOD. Directs the Secretaries of Energy and Commerce to provide such guidance to appropriate officials within their respective departments. Requires an annual report by the Secretary to the Congress on the plan and the NDTIB assessment prepared for that year. Directs the Council to establish a federally funded R&D center to be known as the National Defense Center for Analysis of the Technology and Industrial Base (NDC). Outlines NDC duties with respect to the NDTIB, including assembling of information, studies and analyses, provision of technical support and assistance, and dissemination of unclassified information gathered. Directs the Secretary to prescribe regulations requiring consideration of the NDTIB in the development and implementation of acquisition plans for each major defense acquisition program. Outlines required contents of such acquisition plans, implementation provisions, and required dates for annual assessments of such plans. Requires the Council to establish the NDC within six months after enactment of this Act. Sets forth provisions concerning dual-use technologies (technologies having both commercial and military applications). Directs the Secretary to conduct a program providing for the establishment of cooperative arrangements (partnerships) between DOD and certain non-DOD entities (nonprofit research corporations, Federal laboratories, institutions of higher education, agencies of State governments, and other entities showing support for such work) in order to encourage and provide for research, development, and application of technologies to attain the NDTIB objectives. Limits partnership duration to five years. Provides 50 percent Federal funding of the partnership for the first year, reduced by ten percent each year of the partnership. Provides for consideration of in-kind contributions by non-Government participants in a partnership when determining the sharing of partnership costs. Requires competitive procedures to be used in the establishment of such partnerships. Outlines partnership selection criteria, and authorizes the Director of Defense Research and Engineering to perform the responsibilities of the Secretary under the partnerships. Renames the current critical technology application centers assistance program as the regional technology alliances assistance program. Provides funding for: (1) defense dual-use critical technology partnerships; (2) commercial-military integration partnerships; (3) defense regional technology alliances; and (4) the overseas critical technology monitoring and assessment financial assistance program. Directs the Secretary to establish within his Office the Office of Technology Transition to ensure that technology developed for national security purposes is integrated into the private sector of the United States in order to enhance the NDTIB. Provides further duties of the Office, and requires the Secretary to report to the defense committees on Office activities. Requires such Office to commence operations within 180 days after enactment of this Act. Directs the Secretary to establish a National Defense Manufacturing Technology Program to: (1) provide centralized guidance and direction to the military departments and defense agencies on all matters relating to manufacturing technology; (2) direct the development and implementation of DOD goals, plans, projects, activities, and policies that promote the development and application of advanced technologies to manufacturing processes, tools, and equipment; (3) improve the quality and practices of businesses providing goods and services to DOD; (4) promote dual-use manufacturing processes; (5) disseminate to businesses information concerning improved manufacturing concepts; (6) enhance the skills of the manufacturing work force; and (7) ensure appropriate coordination between the manufacturing technology and industrial preparedness programs of DOD and similar programs undertaken by other Federal departments and agencies and the private sector. Requires the Secretary to revise the program on an annual basis. Authorizes the Under Secretary of Defense for Acquisition to perform the duties of the Secretary under the manufacturing technology program. Earmarks specified amounts authorized for R&D under this Act for: (1) defense advanced manufacturing technology partnerships; (2) manufacturing technology extension programs; and (3) defense manufacturing education programs. Sets forth provisions concerning miscellaneous technology base policies and programs. Directs the Secretary to establish a program to achieve the NDTIB objectives set forth under this Act by providing dual-use enhancement capability support to various nonprofit, public, and private organizations. Outlines services provided under the program. Provides Federal funding of such program of 50 percent in the first year, 40 percent in the second year, and 30 percent in the third and following years. Outlines criteria for the selection of a program to receive such assistance, including the extent to which the program advances and enhances the NDTIB objectives. Directs the Under Secretary of Defense for Acquisition to perform the duties of the Secretary under the dual-use assistance extension program. Provides program funding from funds authorized to be appropriated to DOD under this Act. Reorganizes various Federal provisions relating to the NDTIB, and repeals inconsistent provisions. Earmarks specified funds for FY 1993 and thereafter for research and R&D activities under the Small Business Innovation Research Program (SBIR). Limits the amounts paid to a small business concern by DOD under the SBIR. Directs the Secretary to develop and issue a strategy for effectuating the transition of successful projects under the SBIR from phase II to phase III of the program. Extends through FY 1999 the SBIR within DOD. Directs the Secretary, during FY 1993, to give priority in the allocation of specified funds, including SBIR funds, to programs, projects, and activities that provide significant assistance for converting the capabilities of businesses that are economically dependent on DOD business to capabilities having both defense and nondefense commercial applications. Establishes the Advanced Research Projects Agency (Agency) as a defense agency, headed by a Director with assistance from a Deputy Director. Makes the Agency the central R&D organization of DOD, with specified defense R&D duties. Subtitle B: Acquisition Assistance Programs - Amends the Small Business Act to provide that a Government defense procurement contracting officer entering into a contract with a small business is not required to refer a determination of nonresponsibility made by that officer to the SBA unless the small business requests a determination of its responsibility, and the issuance of a certificate of responsibility, by the SBA. Amends the National Defense Authorization Act for Fiscal Years 1990 and 1991 to extend through FY 1994 a test program for the negotiation of small business subcontracting plans. Limits the FY 1994 participants in such program. Amends the National Defense Authorization Act, Fiscal Year 1989 to extend through FY 1999 the test program of contracting for printing-related services for DOD with disadvantaged small business concerns. Extends through FY 2000 the requirement for DOD to extend five percent of its defense procurement contracts to disadvantaged small businesses, historically Black colleges and universities, and other minority institutions. Directs the Secretary to actively monitor and assess the progress of the military departments, defense agencies and prime contractor of DOD in attaining such goal. Authorizes a person to request the Secretary to determine whether the use of small business set asides by a DOD contracting activity has caused a particular industry category to bear a disproportionate share of the progress made toward attainment of the small business contracting goal. Earmarks specified funds from this Act for FY 1993 for infrastructure assistance to historically Black colleges and universities and minority institutions. Earmarks specified FY 1993 funds made available under this Act for the pilot Mentor-Protege Program established under the National Defense Authorization Act for Fiscal Year 1991. Earmarks specified amounts of such earmarked funds for the direct reimbursement of developmental assistance costs incurred by mentor firms under major defense acquisition programs in the participation of such firms in the Program. Requests the Secretary to publish the DOD policy for such Program as required under Federal law within 15 days after enactment of this Act. Prohibits the SBA from making a disadvantaged small business concern ineligible to receive any assistance authorized under the Small Business Act because of participation in, or receipt of developmental assistance under, the Mentor-Protege Program. Directs the Secretary to determine the status of a small business as a disadvantaged small business. Repeals a provision prohibiting a protege firm from being considered an affiliate of a mentor firm for purposes of the Small Business Act solely on the basis of such a relationship under the Mentor-Protege Program. Earmarks specified FY 1993 funds authorized under this Act for the procurement technical assistance cooperative agreement program, further earmarking specified portions of such funds for specific programs under such program. Subtitle C: Miscellaneous Acquisition Policy Matters - Extends through FY 1994 a program for the use of master agreements for the procurement of advisory and assistance services. Revises the definition of a major defense acquisition program (MDAP) to include those programs which require an eventual total for R&D of more than $300,000,000 (currently $200,000,000) or an eventual total for procurement of more than $1,800,000,000 (currently $1,000,000,000), both figures based on constant FY 1990 (currently 1980) dollars. Authorizes the Secretary to adjust such amounts on the basis of DOD cost escalation rates, with written notification of such adjustments to the defense committees. Authorizes the Secretary to waive the requirement for submission of Selected Acquisition Reports (SAR) for a program for a fiscal year under specified circumstances, requiring written notification of such waivers to the defense committees. Provides identical requirements for changes in the contents of an SAR. Revises provisions concerning information required to be included in each SAR for the first quarter of a fiscal year, as well as delivery dates of reports by a MDAP program manager of the unit costs of that program. Requires an additional SAR when the Secretary of the military department concerned determines that the program acquisition or current procurement unit cost of a MDAP has increased by at least 15 percent. Waives a current Federal provision prohibiting the payment of severance pay to foreign nationals when the head of an agency awarding the contract makes certain determinations with respect to such payments. Directs the Secretary to report annually to the defense committees on any agency head use of such waiver authority. Prohibits the purchase by entities controlled by foreign governments of a company that is performing a DOD contract, a DOE contract under a national security program, or DOD or DOE prime contracts in an amount in excess of $500,000,000. Provides exceptions. Prohibits a DOD or DOE contract under a national security program from being awarded to a company owned by an entity controlled by a foreign government if it is necessary for that company to be given access to information in a proscribed (classified) category of information in order to perform the contract. Authorizes the Secretary to waive such prohibition for national security interests. Makes the policy of DOD with respect to the disposition of any invention made during the performance of a federally funded R&D contract, grant, or cooperative agreement identical to Federal provisions concerning patent rights in inventions made with Federal assistance. Waives such rights with respect to awards not covered under chapter 18 when the Secretary makes certain determinations. Provides an invention confidentiality requirement. Authorizes a contractor to resubmit a certification of a claim under a shipbuilding contract if the certification is determined to be deficient because of the position, status, or scope of authority of the person executing the certification. Requires such resubmission within 30 days of notification of a deficient certification. Amends the Arms Export Control Act and other Federal provisions to authorize DOD to share equitably with U.S. allies involved in a joint R&D contract the costs of claims with respect to any such R&D programs. Requires a firm that is performing a DOD contract in excess of $10,000,000 to notify DOD in advance of any intention to perform outside the United States any part of such contract in excess of $500,000 which could be performed in the United States. Makes such requirement inapplicable to contracts for military construction. Disallows the payment of an indirect cost under a covered defense contract if such cost violates a principle in the Federal Acquisition Regulation or the DOD Supplement to the Federal Acquisition Regulation. Requires the Secretary to assess a penalty against any contractor attempting to receive reimbursement for such a cost. Provides for the waiver of such penalty in prescribed circumstances. Directs the Secretary to carry out a science and technology fellowship program to enhance the ability of DOD to recruit and retain employees who are highly qualified in the fields of science and technology. Requires the Secretary to support a fellow under such program in a related research or teaching field in such areas after two years of Federal service as an employee in a science or technology position at DOD. Allows a contractor that has participated in defense system development, production, or testing solely as a representative of the Federal Government to be involved in the establishment of criteria for data collection, performance assessment, or evaluation activities for the operational test and evaluation of such system. Directs the Secretary to prescribe regulations that prohibit each military department participating in a joint acquisition program approved by the Under Secretary of Defense for Acquisition from terminating or substantially reducing its participation in such program without the approval of the Under Secretary. Prohibits the Secretary from procuring a sonobuoy in a foreign country unless U.S. firms that manufacture sonobuoys are permitted to compete on an equal basis with foreign manufacturing firms for the sale of such buoys in that foreign country. Provides a waiver in the interest of national security. Defines "units to be procured until procurement is completed" under the shipbuilding total program reporting requirement. Title IX: Department of Defense Organization and Management - Subtitle A: General Matters - Requires transmission to the Congress after January 1, 1992, by the Secretary of a report of the Chairman of the JCS with respect to the roles and missions of the armed forces in the post-Cold War era. Designates the Vice Chairman of the JCS as a member of the JCS. Directs the Chairman of the JCS to establish on the JCS the position of the Assistant to the Chairman of the Joint Chiefs of Staff for National Guard and Reserve Affairs, to be the principal adviser to the Chairman on matters concerning the reserve components. Directs the Secretary of the Navy to consolidate and streamline the Navy headquarters establishments within the Office of the Chief of Naval Operations to reflect changes in the roles and missions of the Navy. Designates as one of the Assistant Chiefs of Naval Operations the Assistant Chief of Naval Operations for Expeditionary Warfare, to supervise the performance of all responsibilities of the Chief regarding expeditionary warfare. Directs the Secretary to make certain certifications to the defense committees with respect to the assignment of functions and personnel for the Assistant Secretary of Defense for Special Operations and Low Intensity Conflict and the special operations command. Provides an alternative to such certifications. Extends through calendar year 1998 the requirement of a joint duty assignment as a prerequisite for promotion to a general or flag officer. Revises provisions regarding the education and experience requirement for such promotion. Provides that an officer shall be considered to have completed a full tour of duty in a joint duty assignment upon the successful completion of an assignment which gives such officer significant experience in joint duty matters through specified commands, military departments, or defense agencies. Directs the Secretary to credit as having completed a full tour of duty in a joint duty assignment, for promotion purposes, officers who performed duty in the Persian Gulf combat zone that either provided significant experience in joint matters or involved frequent professional interaction with units and members of another U.S. military department or an allied armed force. Requires the concurrence of the commanding officer of that officer's service branch before such crediting will be allowed. Makes certain reporting and policy requirements inapplicable to officers for whom such joint duty crediting has been granted. Directs the Secretary to include in the annual defense budget report required to be submitted to the Congress certain information with respect to the total number of officers for whom such joint duty credit was granted. Authorizes the Chairman of the JCS to provide funds from the CINC Initiative Fund to the Director of the Joint Staff with respect to an area not within the responsibility of a commander of a combatant command. Directs the Chairman to give priority consideration in the provision of funds to the Director for activities: (1) that would enhance the war fighting capability, readiness, or sustainability of the forces involved; or (2) that would reduce the threat to, or otherwise increase, the national security. Limits to $5,000,000 the funding to provide military education and training to military and related civilian personnel of foreign countries. Directs the Secretary to reestablish within his Office the position of Deputy Assistant Secretary of Defense for Equal Opportunity (Deputy) and require such official to carry out the same or similar duties that were formerly carried out by the Deputy before such position was abolished. Directs the Secretary, within ten days after enactment of this Act, to rescind or revise a certain memorandum of the Deputy Secretary of Defense relating to the delivery of legal services within DOD. Directs the Secretary to establish a Commission on the Conduct and Review of Investigations in the Department of Defense (Commission). Requires the Commission to review, and recommend changes in, policies, procedures, and practices of DOD concerning the conduct and review of investigations. Requires the Commission to report its findings to the Secretary, who in turn is required to transmit the report to the defense committees, together with his comments and recommendations. Expresses the sense of the Congress that the Army and Marine Corps should intensify efforts to eliminate unnecessary duplication, to improve interservice coordination, and to specialize in areas in which each has a comparative advantage, especially as such goals relate to the provision of armor, artillery, and other high-intensity combat items and related equipment and supplies. Requires the Chairman of the JCS to examine and make recommendations with respect to equipping the Marine Corps with armor, heavy artillery, and other related weapons so as to be capable of sustaining high-intensity combat independent of the other military departments. Directs the Secretary to study the operational support airlift aircraft and administrative transport airlift aircraft operated by the National Guard and reserve components. Directs the Secretary to ensure that the defense committees are fully and currently informed of all operational activities carried out by members of the armed forces or employees of DOD. Requires the head of any other Federal department or agency to submit to such committees any information requested relating to any operational activities carried out in their department or agency. Prohibits the obligation of more than 50 percent of the authorized funding for specified aircraft or missile programs until 60 days after the Secretary has submitted certain reports to the Congress. Subtitle B: Drug Interdiction and Counter-Drug Activities - Amends the National Defense Authorization Act for Fiscal Year 1991 to: (1) extend through FY 1994 the authority of the Secretary to provide support for the counter-drug activities of any other Federal department or agency or a State, local, or foreign law enforcement agency; and (2) add to such authorized support services the detection, monitoring, and movement of traffic at, near, and outside U.S. geographical boundaries, as well as linguist and intelligence analysis services. Amend the National Defense Authorization Act for Fiscal Years 1990 and 1991 to extend through FY 1997 the authority of the Secretary to transfer excess personal property to other Federal and State agencies. Directs the Secretary to study, and report to the Congress on, the land-, sea-, or air-based systems used by DOD in carrying out activites relating to the reconnaissance, detection, and monitoring of drug traffic. Prohibits the obligation of FY 1993 funds for such purposes until such report is submitted. Directs the Secretary to conduct an outreach program aimed at reducing the demand among youths for illegal drugs. Authorizes the use of funds made available under this Act for drug interdiction and counter-drug activities for the outreach program. Title X: General Provisions - Subtitle A: Financial Matters - Authorizes the Secretary, in the national interest, to transfer amounts of authorizations made available to DOD in this Division for FY 1993 between any such authorizations for that fiscal year (or any subdivisions thereof), to be merged with and available for the same purposes as the authorization to which transferred. Limits to $1,500,000,000 the total amount of authorizations which may be so transferred. Requires the Secretary to promptly notify the Congress of any such transfers. Directs the Secretary to submit to the Congress with the annual defense budget a multiyear defense budget consistent with a required multiyear defense plan. Requires the DOD military programs in such budget to be organized on the basis of major roles, missions, or forces of DOD. Amends the National Defense Authorization Act for Fiscal Year 1991 to provide specified additional transition authority with respect to closing or expired DOD appropriation accounts. Subtitle B: Supplemental Authorization of Appropriations for Operation Desert Storm - Amends the Persian Gulf Supplemental Authorization and Personnel Benefits Act of 1991 to extend through FY 1993 provisions relating to the establishment of the Persian Gulf Working Capital Account, the authorization of supplemental appropriations to such Account, and monthly reports on transfers to such Account. Authorizes additional appropriations for FY 1992 and 1993 to such account for military personnel and increases the authorized transfers for each fiscal year authorized under such Act by the amount of additional funds authorized to be appropriated by this Act. Subtitle C: Defense Maritime Logistical Readiness - Repeals Federal law allowing only vessels of the United States to be used in the transportation by sea of supplies bought for the armed forces. Directs the Secretary to: (1) prescribe regulations and establish practices for the procurement of transportation by water and related distributions services for DOD cargoes; (2) ensure that all studies and reports of DOD and all actions taken in DOD concerning sealift and related intermodal transportation requirements take into consideration the full range of transportation and distribution capabilities that are available from operators of privately-owned U.S. flag merchant vessels; (3) afford each operator of such a privately-owned U.S. flag vessel at least an annual opportunity to present to DOD information of its port-to-port intermodal transportation capabilities; (4) ensure private vessel owner participation in studies and reports on intermodal transportation possibilities; and (5) submit to the Secretary of Transportation an annual certification of compliance with such requirements. Prohibits, except in time of war, national emergency, or other exigent circumstances, vessels owned by the United States from being operated in competition with privately-owned U.S. flag commercial merchant vessels. Requires DOD cargoes to be transported on such private vessels whenever such vessels are available with reasonable timeliness. Allows U.S.-owned vessels to be used when such reasonable timeliness requirement cannot be met by such private vessels. Allows foreign flag vessels to be used when no private or U.S.-owned vessels are available. Prohibits a contract for the transportation of DOD cargoes by water to include terms or conditions which impair the ability of the contractor to own or operate foreign flag vessels in addition to the U.S.-flag merchant vessels, or which limit the contractor's ability to meet its common carrier obligations to the general public (with an exception to the latter prohibition in time of war or national emergency). Directs the Secretary to enter into logistics readiness agreements with contractors of privately owned U.S.-flag vessels under which the contractor shall, in time of war, national emergency, or foreign crisis, provide services to meet DOD cargo water transportation requirements. Provides required contract provisions. Requires the Secretary to submit to the Secretary of Transportation at least annually the DOD projections of weekly requirements, in excess of normal peacetime requirements, for the transportation of DOD cargoes to meet logistics and war fighting requirements in such exigent circumstances. Provides for the payment to contractors of foreign charges incurred under such transportation contracts. Provides transition provisions. Directs the Secretary and the Secretary of Transportation to promptly take appropriate actions to modernize, update, revise, or eliminate the current Sealift Readiness Program consistent with changes brought about by this Subtitle. Prohibits any Federal agency from requiring a party to a logistics readiness agreement to enter into or remain enrolled in the Sealift Readiness Program as a condition for being awarded a contract to provide transportation or distribution services under this Subtitle. Subtitle D: Technical Amendments - Makes technical amendments to Federal armed forces provisions. States as a policy of the Congress that qualified nonprofit agencies for the blind or other severely handicapped shall be afforded the maximum practicable opportunity to provide approved commodities and services as subcontractors and suppliers under contracts awarded by DOD. Provides that, in the case of a business concern that has negotiated a small business subcontracting plan with a military department or defense agency, purchases made by that business concern from qualified nonprofit agencies for the blind or other severely handicapped shall count toward meeting the subcontracting goal provided in that plan. Terminates such provision at the end of FY 1994. Subtitle E: Miscellaneous Matters - Directs the Secretary to report to the defense committees on the U.S. strategic posture in the Middle East and Persian Gulf regions. Requires such report to include a military threat assessment for such regions. Directs the Secretary to conduct, and report to the defense committees on, an analysis of options for providing forward presence of naval forces during peacetime. Expresses as U.S. policy the opposition to restrictive trade practices fostered or imposed by foreign countries against other countries friendly to the United States or against any other U.S. persons. Prohibits any DOD prime contract in excess of the small purchase threshold from being awarded to any foreign person, company, or entity unless such entity certifies to the Secretary that it does not comply with the secondary Arab boycott of Israel. Authorizes the Secretary to waive such prohibition in specific instances when necessary for national security, requiring notice to the Congress of each such waiver. Provides other exceptions to such prohibition. Authorizes the Secretary of the Army to employ as many professors, instructors, and lecturers at the Defense Language Institute Foreign Language Center as the Secretary considers necessary. Provides transition and savings provisions. Allows employees who moved after December 31, 1986, and before April 1, 1991, between different leave systems (appropriated vs. nonappropriated fund employment positions) to elect between the receipt of accrued leave or a lump-sum payment for such leave upon such transfer. Recognizes and grants a Federal charter to the Military Order of the World Wars, a nonprofit corporation organized under the laws of the District of Columbia. Outlines objects and purposes, and prohibits discrimination in conditions of membership or requirements for serving on its board of directors. Includes the corporation within a Federal law providing for audits of accounts of private corporations established under Federal law. Requires the Corporation to report annually to the Congress on its activities. Entitles the corporation to tax-exempt status under the Internal Revenue Code. Terminates the charter if the corporation fails to comply with certain provisions or restrictions. Recognizes and grants a Federal charter to the Retired Enlisted Association, Incorporated, a nonprofit corporation organized under the laws of Colorado. Provides corporation objects and purposes, membership, and restrictions, including a prohibition against discrimination in conditions of membership or requirements for serving on its board of directors. Includes the corporation within a Federal law providing for audits of accounts of private corporations established under Federal law. Requires the Corporation to report annually to the Congress on its activities. Entitles the corporation to tax-exempt status under the Internal Revenue Code. Terminates the charter if the corporation fails to comply with certain provisions or restrictions. Authorizes the Secretary, during FY 1993 through 1995, to conduct a program to commemorate the 50th anniversary of World War II and to coordinate, support, and facilitate other such commemoration programs and activities of Federal, State, and local governments, as well as private persons. Provides funding for such activities from defense agencies operation and maintenance funds for such fiscal years. Establishes in the Treasury the Department of Defense 50th Anniversary of World War II Commemoration Account. Eliminates certain reporting requirements contained in Federal armed forces provisions and other specified Federal law. Authorizes the transfer of excess construction or fire equipment from DOD stocks to any foreign country or international organization prescribed under provisions of the Foreign Assistance Act of 1961 or the Arms Export Control Act, but only if: (1) no Federal department or agency other than DOD and no State submits a request for such equipment during a specified period; or (2) the President determines that the transfer is necessary in order to respond to an emergency for which the equipment is especially suited. Prohibits, with an exception, the use of funds appropriated or otherwise made available to DOD during FY 1992 for the construction or capitalization of specified military museums, or the renovation of a certain submarine for use by an Oregon museum. Authorizes the Secretary of the Army to award fellowships in military history to citizens and nationals of the United States who are graduate students in U.S. military history, have completed their doctoral requirements other than a dissertation, and agree to prepare a dissertation in an area of military history determined by the Secretary. Directs the Secretary of the Navy to transfer certain vessels to the Department of Transportation to be assigned as training ships to Texas A&M University and the Maine Maritime Academy. Repeals a Federal provision requiring the construction in a U.S. navy yard of the first and each succeeding alternate U.S. combatant and escort vessel. Provides for a method of liquidation of credits and liabilities of parties to cooperative military airlift agreements. Adds Japan and Korea to the list of countries eligible for such agreements. Amends the National Defense Authorization Act for Fiscal Year 1987 to authorize a general or flag officer grade for the commanders of the U.S. Southern Command and the U.S. Central Command. Makes permanent (currently expires as of September 30, 1992) the authority of the Secretary to pay the travel, subsistence, and other personal expenses of defense personnel of developing countries for their attendance at bilateral or regional cooperation conferences and programs. Subjects a person appointed as a judge of the U.S. Court of Military Appeals to the Federal Employees' Retirement System (FERS) as of the date of the appointment. Provides transition provisions for those judges who are currently subject to the Civil Service Retirement and Disability System (CSRS), allowing continued coverage (upon election) under CSRS or a refund under their former CSRS and election to be covered under FERS. Provides for deposit into the Thrift Savings Fund of a lump-sum payment representing the contribution difference required under the two plans. Designates as chief judge of the U.S. Court of Military Appeals the senior in commission among the judges who: (1) has served for one or more years as judge; and (2) has not previously served as chief judge. Provides for a chief judge term of five years, with a continuation of such term if there are no other judges eligible for chief judge at the end of such term. Provides for the early termination of such five-year term under certain circumstances. Provides transition provisions to cover the current chief judge. Revises the Uniform Code of Military Justice with respect to: (1) jurisdiction; (2) certain adjudications and postponements of sentences; and (3) offenses relating to the drunken or reckless operation of a vehicle, aircraft, or vessel. Directs the Secretary to establish the Civil-Military Cooperative Action Program under which the Secretary may use the skills, capabilities, and resources of the armed forces to assist civilian efforts to meet the domestic needs of the United States. Outlines Program objectives. Directs the Secretary to encourage the establishment of advisory councils on civil-military cooperation at the regional, State, and local levels, as appropriate, in order to obtain recommendations for projects and activites and guidance for the Program from persons who are familiar with regional, State, and local conditions and needs. Directs the Secretary to prescribe specified rules and regulations governing the provision of assistance under the Program. Authorizes the Chief of the National Guard Bureau, during FY 1993 through 1995, to conduct a pilot program to be known as the National Guard Civilian Youth Opportunities Program aimed at improving through military based training the life skills and employment potential of civilian youth who cease to attend secondary school before graduation. Requires the pilot program to be conducted at any ten of the States, Territories, Puerto Rico, or the District of Columbia. Outlines provisions concerning: (1) program agreements made between the Chief of the National Guard Bureau and a chosen jurisdiction; (2) authorized benefits for youth participants in the program; (3) the use of National Guard personnel at a chosen site for administrative, training, or support services for the program; (4) the use of National Guard equipment and facilities for the program; (5) the Federal employee status of participants in the program for purposes of certain laws and benefits; (6) program funding and supplemental funding by the Governor of the chosen jurisdiction; (7) a required report from the National Guard Chief after one year of the pilot program; and (8) an earmarking of specified funds for such program from FY 1993 DOD operation and maintenance funds. Directs the President to report to the Congress on the proposals of the Secretary General of the United Nations made in his report concerning preventive diplomacy, peacemaking, and peacekeeping. Mandates that no funds are authorized to be appropriated under this Act for the Federal Bureau of Investigation. Title XI: Demilitarization of the Former Soviet Union - Subtitle A: Short Title - Names this title the Former Soviet Union Demilitarization Act of 1992. Subtitle B: Findings and Program Authority - Authorizes the President to establish and conduct programs to assist in the demilitarization of the independent states of the former Soviet Union. States that such programs shall include the transportation, storage, safeguarding, disabling, and destruction of weapons of mass destruction, as well as the conversion of weapons-related scientific expertise, technologies, and capabilities into appropriate civilian activities. Prohibits any such U.S. assistance unless the President certifies to the Congress that the recipient state of the former Soviet Union is committed to destroying its weapons of mass destruction, forgoing any nuclear weapons or military modernization programs, and facilitating U.S. verification of any weapons destruction carried out. Subtitle C: Administrative and Funding Authorities - Provides funding for the Soviet demilitarization program through funds authorized to be transferred under this Act as well as an extension of the authorization of appropriations for such purpose under the Soviet Nuclear Threat Reduction Act of 1991. Subtitle D: Reporting Requirements - Requires the President to report to the Congress at least 15 days in advance of each proposed obligation of funds for the Soviet demilitarization program. Directs the President to report quarterly to the Congress on all such activities carried out in the previous quarter. Division B: Military Construction Authorizations - Military Construction Authorization Act for Fiscal Year 1993 - Title XXI: Army - Authorizes the Secretary of the Army to acquire real property and carry out military construction projects in specified amounts at specified installations and locations. Authorizes the Secretary to construct or acquire military family housing units, to carry out architectural and engineering services and construction design, and to improve existing military family housing units in specified amounts at specified installations. Authorizes the Secretary to make advances to the Secretary of Transportation for the design and construction of defense access roads. Authorizes appropriations to the Army for fiscal years beginning after 1992 for military construction projects, unspecified minor construction projects, defense access roads, architectural and engineering design services, military family housing functions within the Department, and the homeowners assistance program. Limits the total cost of construction projects authorized by this title. Amends the National Defense Authorization Act for Fiscal Years 1992 and 1993 to increase by a specified amount the funding permitted to the Army for the worldwide leasing of military family housing. Title XXII: Navy - Authorizes the Secretary of the Navy to acquire real property and carry out military construction projects in specified amounts at specified installations and locations. Authorizes the Secretary to construct or acquire military family housing, to carry out architectural and engineering services and construction design, and to improve existing military family housing units in specified amounts at specified locations. Authorizes appropriations to the Navy for fiscal years beginning after 1992 for military construction projects, unspecified minor construction, architectural and engineering design services, and military family housing functions within the Department. Limits the total cost of construction projects authorized by this title. Amends the National Defense Authorization Act, Fiscal Year 1989 to: (1) increase the authorized amount of appropriations for a military construction project at the Guam Navy Public Works Center; and (2) decrease the authorized amount of appropriations for military construction projects at the Subic Bay, Philippines Navy Public Works Center and the Marine Corps Air Station, Cherry Point, North Carolina. Directs the Secretary to expend from prior-law appropriations necessary amounts for planning and design of defense access roads for the Pascagoula, Mississippi Naval Station. Title XXIII: Air Force - Authorizes the Secretary of the Air Force to acquire real property and carry out military construction projects in specified amounts at specified installations and locations. Authorizes the Secretary to construct or acquire military family housing units, to carry out architectural and engineering services and construction design, and to improve existing military family housing units in specified amounts at specified installations. Authorizes appropriations to the Air Force for fiscal years beginning after 1992 for military construction projects, unspecified minor construction projects, architectural and engineering design services, and military family housing functions within the Department. Limits the total cost of construction projects authorized by this title. Amends the National Defense Authorization Act for Fiscal Year 1991 to transfer an authorized military construction project (and the authorized amount for such project) from Lowry Air Force Base, Colorado, to Buckley Air National Guard Base, Colorado. Authorizes the Secretary to: (1) enter into contracts for the leasing of military family housing units; and (2) enter into rental guaranty agreements for military family housing under the Military Construction Authorization Act, 1984. Terminates certain FY 1991 and 1992 military construction projects. Title XXIV: Defense Agencies - Authorizes the Secretary of Defense to acquire real property and carry out military construction projects in specified amounts at specified installations and locations. Authorizes appropriations to DOD for fiscal years beginning after 1992 for military construction projects, unspecified minor construction projects, architectural and engineering design services, conforming storage facilities, certain base closure and realignment activities, and military family housing functions of DOD. Authorizes the obligation of prior-year unobligated military construction funds for such military construction projects. Limits the total cost of construction projects authorized by this title. Title XXV: North Atlantic Treaty Organization Infrastructure - Authorizes the Secretary of Defense to make contributions for the North Atlantic Treaty Organization (NATO) Infrastructure Program. Authorizes appropriations to the Secretary for fiscal years beginning after 1992 for such contributions. Title XXVI: Guard and Reserve Forces Facilities - Authorizes appropriations for fiscal years beginning after 1992 for acquisition, architectural and engineering services, and construction of facilities for the Guard and reserve forces in specified amounts . Reduces certain prior-year authorizations of appropriations for Air Force Reserve military construction projects. Title XXVII: Expiration of Authorizations - Terminates all authorizations contained in titles XXI through XXVI on October 1, 1995, or the date of enactment of an Act authorizing funds for military construction for FY 1995, whichever is later, with specified exceptions. Title XXVIII: General Provisions - Subtitle A: Military Construction Program and Military Family Housing Changes - Authorizes the Secretary of Defense to carry out a military construction project for energy conservation not previously authorized by law if prior military construction funds were authorized to be made available for such project. Increases to $1,000,000 ($300,000 for FY 1992) the threshold for FY 1993 through 1995 for minor construction projects carried out with DOD operation and maintenance funds. Directs the Secretary to report to the Congress after each such fiscal year on any minor construction projects carried out whose cost exceeded $300,000. Prohibits any funds made available to a military department during FY 1993 from being expended for contracts for the construction, acquisition, or leasing of military family housing that are entered into after October 1, 1992, until the Secretary of that military department has solicited bids for such housing under military construction projects currently authorized under Federal law. Authorizes the Secretary concerned to construct a replacement for a single family housing unit if: (1) authorized by law; (2) a simple home improvement is no longer cost-effective; and (3) 21 days have elapsed since notification to the Congress of such replacement. Subtitle B: Defense Base Closure and Realignment - Amends the Defense Authorization Amendments and Base Closure and Realignment Act to authorize deposit into the Department of Defense Base Closure Account for its use of any funds that the Secretary may transfer from funds appropriated to DOD or funds contained in the Department of Defense Base Closure Account 1990. Requires the Secretary to transmit to the Congress notice of and justification for any such transfers. Authorizes the Secretary to utilize such Account for environmental restoration, community economic adjustment assistance, and disposal of property at bases selected for closure under base closure laws. Makes identical amendments for the Department of Defense Base Closure Account 1990 established under the Defense Base Closure and Realignment Act of 1990. Provides for the valuation of amounts to be deposited into a reserve account after the sale of real property at a military installation which represents the amount of such property acquired, constructed, or improved with commissary store funds or nonappropriated funds. Requires amounts so reserved to be used only for acquiring, constructing, and improving: (1) commissary stores; and (2) real property and facilities for nonappropriated fund instrumentalities. Revises Federal provisions concerning the authority of the Secretary to transfer specified funds under base closure laws to the homeowners assistance program. Directs the Secretary to enter into, and report to the Congress on, a one-year contract with a private relocation contractor in order to test the cost-effectiveness of using national relocation contractors to administer the homeowners assistance program. Requires military construction relating to the closure or realignment of a military installation (currently, each military construction project) to meet certain budgeting constraints. Amends the Defense Base Closure and Realignment Act of 1990 to revise the annual reporting date of the Comptroller General with respect to the Secretary's selection of military installations to be closed or realigned under such Act. Prohibits the Secretary and the Defense Base Closure and Realignment Commission from recommending a realignment of functions and personnel of the Defense Finance and Accounting Service under provisions of the Defense Base Closure and Realignment Act of 1990, instead authorizing the Secretary to provide for such a realignment under other Federal base closure and realignment provisions. Amends the National Defense Authorization Act for Fiscal Year 1991 to direct the Secretary to report annually to the defense committees on the operations of the Department of Defense Overseas Military Facility Investment Recovery Account during the preceding fiscal year. Subtitle C: Land Transactions - Amends the Military Construction Authorization Act, 1985 to remove the San Diego Energy Recovery Project as a possible party to a land exchange between the city of San Diego and the Secretary of the Navy. Provides that, in lieu of conveyance of property owned by the Project, such Secretary may permit San Diego to convey other property suitable for family housing, or to pay the Secretary an amount sufficient for the loss of such property as consideration for the land exchange. Outlines other administrative provisions required in light of the loss of the Project as a party to the land exchange. Authorizes the Secretary of the Air Force to convey to South Carolina all rights and interest to real property comprising the Myrtle Beach Air Force Base, South Carolina, under specified terms and conditions. Amends the National Defense Authorization Act for Fiscal Year 1991 to allow the Secretary of the Navy to use the proceeds from the sale of certain property to acquire a new site for a naval center in the state of Vermont (currently, only in the Burlington, Vermont area). Lowers the price required to be paid by the city of Burlington to acquire the real property being sold by such Secretary. Extends to June 1, 1995, the deadline for the conveyance of the property. Allows the Secretary to permit the city of Burlington to make alterations or improvements to the property before its conveyance to the City. Authorizes the Secretary of the Navy to lease: (1) to the Union Pacific Railroad Company certain property located at the Naval Supply Center, Oakland, California; and (2) to the City of Oakland or the Port of Oakland, California, certain property also located at the Naval Supply Center. Authorizes the Secretary of the Navy to grant an easement to enable the San Diego Gas and Electric Company to construct, operate, and maintain an electric transmission and associated electric transmission lines. Authorizes the Secretary of the Navy to convey to Santa Barbara, California, all rights and interests to certain real property located at the Santa Barbara Naval Reserve Center, under specified terms and conditions. Authorizes the Secretary of the Army to convey to the Washington County, Maryland Sanitary District all rights and interest to certain real property, including a waste water treatment facility, located at Fort Ritchie, Maryland. Authorizes the Secretary of the Navy to acquire all rights and interest to a parcel of land comprising a portion of the Naval Radio Station at Jim Creek, Washington. Authorizes the United States to acquire by condemnation or otherwise: (1) all rights and interest of Arizona in and to specified trust lands in such State; and (2) any trust mineral estate of Arizona located beneath the surface of such trust lands. Authorizes the Secretary to convey to any person all rights and interest to: (1) a parcel of land comprising a naval family housing area at Paine Field, Snohomish County, Washington; and (2) two parcels of land comprising portions of the naval family housing area at Pier 91, Seattle, Washington. Authorizes the Secretary of the Air Force to convey to Central Community College, Hastings, Nebraska, all rights and interest to three parcels of property located in that City which have served as a support complex for the Hastings Radar Bomb Scoring Site. Authorizes the Secretary of the Army to convey to the city of Abbeville, Alabama, all rights and interest to specified real property located at the site of a proposed Army Reserve Center in Abbeville. Subtitle D: Transfer of Jurisdiction of Rocky Mountain Arsenal - Directs the Secretaries of the Army and the Interior to enter into a memorandum of understanding under which: (1) the Secretary of the Army transfers to the Secretary of the Interior, without reimbursement, all responsibility to manage for wildlife and public use purposes the real property comprising the Rocky Mountain Arsenal in Colorado, with the exception of certain facilities and property or property designated for disposal; and (2) the Secretary of the Interior shall establish and manage such real property as a unit of the National Wildlife Refuge System. Allows the transfer to be made only after certification by the Administrator of the Environmental Protection Agency that all site cleanup and remediation measures required under Federal law have been taken. Excludes from such transfer all property used at the Arsenal for water treatment, the disposition of hazardous substances, and any other purposes related to remediation and cleanup of the site. Continues jurisdiction by the Secretary of the Army over the property to be transferred until all cleanup and remediation activities have been completed. Requires consultation between the two Secretaries with respect to all cleanup and remediation activities. Requires the Secretary of the Army to retain environmental liability with respect to the Arsenal after the transfer. Directs the Secretary of the Interior to establish the Rocky Mountain Arsenal National Wildlife Refuge in the property transferred by the Secretary of the Army, to be used for wildlife preservation, public uses, research and education, and land and water conservation. Outlines provisions with respect to cleanup and remediation activities. Prohibits public roads from being constructed through the Refuge. Designates another parcel of real property at the Arsenal for disposal for commercial, highway, or other public use purposes. Requires the Secretary of the Army to notify the State of Colorado and all appropriate units of local government of the proposed and final determinations made with respect to site cleanup, remediation, and disposal. Provides transfer conditions and limitations, including the requirement that all property disposed of under this subtitle be subject to the cleanup and remediation requirements of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980. States that all disposal proceeds shall be transferred to the Director of the U.S. Fish and Wildlife Service to be used to supplement funds available for the construction of a visitor and education center at the Refuge. Subtitle E: Miscellaneous - Authorizes the Secretary of Defense to allow the Secretary of a military department having jurisdiction over a military installation to enter into agreements with gas or electric utilities to design and implement cost-effective energy demand and conservation incentive programs for such military installation. Allows such agreements to provide for a utility to advance financing costs for the design and implementation of an energy demand or conservation incentive program, with repayment terms no less favorable than those applicable to the utility's most favored customer. Vests title to the United States in any energy-saving device or technology installed at a military installation pursuant to an agreement. Directs the Secretary of the Navy, by December 31, 1992, to report to the defense committees and the Comptroller General on actions and plans of the Navy for consolidation and centralization of control over forces assigned to the mine countermeasure mission. Requires the Comptroller General to evaluate such report and submit his evaluation to the defense committees. Requires the report of the Secretary to include a detailed evaluation and analysis of the use of Ingleside, Texas, as the planned homeport for all mine warfare ships, and a comparison of various alternative homeports for such ships including Atlantic and Pacific coast homeports. Prohibits such Secretary from relocating the functions and personnel of certain mine warfare command and training facilities until 90 days after submitting his required report. Directs the Secretary of the Air Force, in designating expanded areas for training operations of Air National Guard and Air Reserve aircraft, to provide for such areas within the geographic boundaries of areas that have been approved for tactical training on the date of enactment of this Act. Division C: Department of Energy National Security Authorizations and Other Authorizations - Title XXXI: Department of Energy National Security Programs - Subtitle A: National Security Programs Authorizations - Authorizes appropriations to the Department of Energy (DOE) for FY 1993 for operating expenses and for plant and capital equipment necessary in carrying out national security programs in the following areas: (1) weapons activities; (2) new production reactors; (3) environmental restoration and waste management; and (4) defense materials production and other defense programs. Earmarks specified FY 1993 funding for the defense inertial confinement fusion program. Prohibits the obligation of FY 1993 DOE funds for: (1) the design, purchase, or installation of any fire protection, cooling, or refrigeration system that utilizes class I chlorofluorocarbons unless the Secretary of Energy (Secretary, for purposes of this title) determines that an alternate system is not commercially available; or (2) the implementation of the reconfiguration of any nonnuclear DOE activities until the Secretary reports the results of certain analyses and certifications to the defense committees. Subtitle B: Recurring General Provisions - Prohibits the use of the funds appropriated pursuant to this title for the costs of a program exceeding 105 percent of the program authorization or $10,000,000 more than the amount authorized, whichever is less, or for programs which have not been presented to, or requested of, the Congress, unless the Secretary transmits to the defense committees a full and complete statement of the action proposed and 30 days have elapsed. Prohibits the total funds obligated pursuant to this title from exceeding the total amount authorized to be appropriated by this title. Authorizes the Secretary to carry out any general plant project only if the total estimated cost of the project does not exceed $1,200,000. Requires reports to the defense committees by the Secretary when the costs exceed such amount. Sets forth procedures for the approval of construction projects which exceed by more than 25 percent their estimated cost or authorized amount. Exempts from such procedures any projects which have an estimated cost of less than $5,000,000. Allows for the transfer of funds from specified projects to other government agencies for the performance of work for which the funds were appropriated. Authorizes the Secretary to carry out advance planning and construction design services in connection with any proposed construction project if the total estimated cost for such services does not exceed $2,000,000. Directs the Secretary to notify the defense committees whenever the estimated cost of such planning and design exceeds $300,000. Requires specific authorization by law whenever such estimated cost exceeds $2,000,000. Authorizes the Secretary to perform emergency construction planning and design in order to protect public health and safety or property or to meet the needs of national defense. Requires the Secretary to report to the defense committees before taking any such action. Makes funds appropriated for management and support activities and for general plant projects under this title available for all national security programs of DOE. Subtitle C: Miscellaneous - Authorizes the Secretary of Energy to pay to the EPA a stipulated civil penalty assessed under Federal environmental law against the Fernald Environmental Management Project. Prohibits the Secretary from entering into a contract or other agreement for the performance of environmental restoration and waste management activities with any persons convicted of having committed a criminal violation in connection with activities at a DOE facility under the Clean Air Act, the Solid Waste Disposal Act, or the Safe Drinking Water Act. Amends the Atomic Energy Act of 1954 to prohibit the appropriation, obligation, or expenditure of DOE national security program funds for the following activities unless such funds have been specifically authorized by law: (1) procurement of goods or services; (2) R&D or procurement or production related to R&D; (3) nuclear weapons testing; (4) construction; and (5) operation and maintenance of any defense nuclear facility or of the DOE central office. Earmarks specified FY 1993 DOE program management funds for certain oversight activities. Directs the Secretary to establish a citizen advisory group for each DOE nuclear facility to undertake certain review, evaluation, reporting, and recommendation actions with respect to such nuclear facilities. Directs the Secretary to provide funding to each advisory group for the hiring of technical assistance and support staff. Limits such expense to $250,000 per group. Provides funding for such advisory groups from FY 1993 DOE national security funds. Replaces the Director of Defense Research and Engineering with the Under Secretary of Defense for Acquisition on the Nuclear Weapons Council. Amends the Radiation Exposure Compensation Act to revise the offset for payments for injuries believed to arise out of the atomic weapons testing program. Directs the Secretary to report annually to the defense committees on the new production reactor program of DOE, requiring such reports until the construction of the new production reactor is completed. Expresses the sense of the Congress that the technology chosen for new production reactor capacity have the highest probability of successfully sustaining operation, the lowest risk of operational failure, and the lowest cost of construction and operation. Amends the Stevenson-Wydler Technology Innovation Act of 1980 to require any non-Federal entity that operates a laboratory pursuant to a contract with a Federal agency to submit to the head of such Federal agency any cooperative R&D agreement that the entity proposes to enter into with a small business firm and the joint work statement required with respect to that agreement. Outlines procedures for the approval or disapproval of the proposed agreement and joint work statement by the Federal agency. Directs the Secretary to establish a program to facilitate and encourage the transfer of technology to small businesses, and to issue guidelines relating to the program by May 1, 1993. Directs the Secretary and the Secretary of Defense to provide appropriate federally funded technology transfer centers with information on cooperative R&D agreements or other arrangements entered into with respect to DOE laboratories and other Federal departments and agencies. Provides funding for such agreements or arrangements. Amends the National Defense Authorization Act for Fiscal Year 1989 to authorize the Secretary to allow each DOE contractor and subcontractor carrying out certain activities at the Idaho National Engineering Laboratory to loan personnel in order to assist in the economic diversification of the local economy and reduce reliance by the local community on national security programs at such Laboratory. Provides funding for such personnel loan. Extends such program through FY 1994. Subtitle D: Defense Nuclear Work Force Restructuring - Directs the Secretary to develop, issue, and commence implementation of a plan for the restructuring of the employee work force at each DOE defense nuclear facility: (1) the primary mission of which changes from weapons production and related activities to environmental restoration and waste management; and (2) that is scheduled for closure. Outlines provisions concerning plan requirements and updates, and appropriate consultations in plan development with the Secretary of Labor and local labor organizations. Requires the plan to be submitted to the Congress. Directs the Secretary to establish and carry out a program for the identification and ongoing medical evaluation of current and former DOE employees who are or were subject to significant health risks as a result of the exposure to hazardous or radioactive substances during such employment. Requires implementation of the program through specified activities. Requires each employee provided with such medical evaluations to be notified of test results. Requires such program to be carried out within one year after enactment of this Act. Requires an agreement between the Secretary and the Secretary of Health and Human Services to carry out such program. Title XXXII: Defense Nuclear Facilities Safety Board Authorization - Authorizes appropriations for FY 1993 for the operation of the Defense Nuclear Facilities Safety Board. Title XXXIII: National Defense Stockpile - Subtitle A: Changes in Stockpile Amounts - Authorizes the National Defense Stockpile (NDS) Manager to dispose of specified materials in the NDS, with special limitations on the disposal of certain materials. Authorizes the NDS Manager, during FY 1993, to obligate out of the National Defense Stockpile Transaction Fund (Fund) specified amounts for the acquisition of materials and for R&D programs of the Strategic and Critical Materials Stock Piling Act. Subtitle B: Programmatic Changes - Amends such Act to require the quantities of materials stockpiled to be sufficient to meet the needs of the United States during a period of national emergency that requires a significant level of mobilization of the economy under planning assumptions used by the Secretary of Defense (currently, for three years). Revises the conditions under which the President may make changes in the quantity of any material in the NDS. Removes a prohibition on disposals from the NDS which would result in an unobligated balance in the Fund in excess of $100,000,000. Allows moneys from the Fund to be used for materials maintenance and disposal (currently, only for materials acquisition). Directs the President to appoint a Market Impact Committee to: (1) advise the NDS Manager on the projected domestic and foreign economic effects of all acquisitions and disposals of materials from NDS that are proposed to be included in the annual materials plan submitted to the Congress under the Strategic and Critical Materials Stock Piling Act; and (2) submit to the Manager the Committee's recommendations regarding such acquisitions and disposals. Title XXXIV: Civil Defense - Authorizes appropriations for FY 1993 for carrying out the Federal Civil Defense Act of 1950. Title XXXV: Panama Canal Commission - Panama Canal Commission Authorization Act for Fiscal Year 1993 - Authorizes the Panama Canal Commission to make such expenditures as necessary for the operation, maintenance, and improvement of the Panama Canal for FY 1993. Limits the amount of funds available to the Commission for FY 1993 that may be expended for official reception and representation expenses. Authorizes the use of FY 1993 Commission funds for the purchase of passenger motor vehicles used to transport personnel of the Commission across the Isthmus of Panama. Limits such expenditure to $18,000 per vehicle. Amends the Panama Canal Act of 1979 to: (1) authorize the use of Commission funds to defray the cost of health care services to elderly and disabled persons provided by medical facilities licensed and approved by the Republic of Panama and not operated by the United States; and (2) revise a provision concerning the basis of Canal tolls on vessel tonnage measurement. Requires all expenditures made under this title to be made in accordance with the Panama Canal Treaties of 1977 and U.S. laws implementing those treaties.
Bill· HRH.R. 5748 (102nd)reported
United States · United States Congress · 31 July 1992
Miscellaneous Medicare Amendments Act of 1992 - Title I: Provisions Relating to Part B - Subtitle A: Payment for Physicians' Services - Amends part B (Supplementary Medical Insurance) of title XVIII (Medicare) of the Social Security Act to permit separate payment for interpretation of electrocardiograms. Repeals provisions with respect to payment for services by new physicians and health care practitioners. Prohibits the Secretary of Health and Human Services (HHS) from changing the part B payment methodology for anesthesia services insofar as such methodology provides for the use of actual time units in determining payments for anesthesia services. Revises the prohibition on excess physician charges for unassigned claims to require a refund of excess charges, and to extend the application of such prohibition to physician services furnished by any person. Adds provisions respecting mandatory assignment with respect to certain practitioners. Provides for the use of the most recent data available in the establishment of geographic indices. Limits the use of carrier user fees. Revises provisions for certain substitute billing arrangements. Requires an HHS study and report to the Congress with respect to: (1) payment under part B for certain medical physicist services; and (2) adjustments to physician fee schedules under such part to take into account practice-related taxes. Subtitle B: Payment for Other Items and Services - Modifies the prohibition against distribution of medical necessity certificates by suppliers of covered items to create an exception to such prohibition for certain patient information. Provides for the treatment of nebulizers and aspirators as miscellaneous items of durable medical equipment. Amends the Omnibus Budget Reconciliation Act of 1990 to extend the payment limit on intraocular lenses. Provides for the treatment under Medicare of certain indian health programs and facilities as federally-qualified health centers. Amends the Omnibus Budget Reconciliation Act of 1987 to extend a Medicare influenza vaccination demonstration project. Title II: Provisions Relating to Parts A and B - Subtitle A: Miscellaneous Provisions - Amends the Medicare program to revise provisions: (1) for payments for graduate medical education to promote primary care services; and (2) Medicare secondary payor denials. Provides for adjustments in Medicare capitation payments to account for regional variations in application of Medicare secondary payor provisions. Repeals pro precertification requirements for certain surgical procedures. Requires the Secretary to establish and implement a method for obtaining information to determine whether Medicare beneficiaries qualify for Medicaid payment of Medicare out-of-pocket expenses, and for transmitting such information to the State in which such a qualified Medicare beneficiary resides. Authorizes a demonstration project for the provision of durable medical equipment by a physician-owned oncology facility. Subtitle B: Provisions Relating to Medicare Supplemental Insurance Policies - Amends the Omnibus Budget Reconciliation Act of 1990 and the Medicare program to revise standards and requirements relating to Medicare supplemental insurance policies, with changes prohibiting duplication of coverage and requiring the Secretary to establish a toll-free number for information on medicare supplemental policies.
Bill· HRH.R. 5734 (102nd)referred
United States · United States Congress · 31 July 1992
Health Care Savings Account Act of 1991 - Amends the Internal Revenue Code to allow employees and employers, including self-employed individuals, a 60 percent tax credit for contributions to a health care savings account for the benefit of the employee or self-employed individual. Limits total contributions to an account to the aggregate amount of hospital insurance tax paid with respect to the account beneficiary. Describes conditions that must be met by the account. Excludes from the gross income of the beneficiary any account contributions made by an employer. Exempts an account from taxation (except for the tax on unrelated business income of a charitable organization) unless the distributee engages in specified transactions in connection with it. Excludes from gross income any account distributions used to pay the eligible medical expenses of the beneficiary or qualifying spouse. Imposes a ten percent surtax on account distributions used for other than health care purposes or made before the distributee is aged 65 or older. Imposes penalty taxes in connection with: (1) excess contributions or prohibited transactions associated with an account; (2) distributions from an account that reduce a distributee's account level below a specified amount; and (3) failure to effect spousal rollover of an account upon the spouse's death. Imposes penalties for failure to make required reports concerning an account. Amends title XVIII (Medicare) of the Social Security Act to reduce the Medicare benefits of a health care savings account beneficiary by 60 percent of the maximum amount of Medicare-related expenditures that could be reasonably underwritten (by an insurance company) for the average Medicare beneficiary, given certain assumptions. Establishes special rules for individuals who cannot obtain insurance to cover their added deductible at the standard premium rates. Directs the Secretary of Health and Human Services to establish rules in connection with recalculations of deductibles when a qualifying spouse becomes eligible for Medicare. Establishes catastrophic health care expense protection for certain individuals who qualify for Medicare and have met specified contribution requirements with respect to one or more health care savings accounts. Describes conditions under which a qualifying spouse becomes eligible for this protection.
Bill· HRH.R. 5731 (102nd)referred
United States · United States Congress · 31 July 1992
Interstate Taxation Commission Act - Establishes the Interstate Taxation Commission to conduct a full and complete study and evaluation of proposed commuter taxes in the tristate area of Connecticut, New Jersey, and New York, or their political subdivisions. Terminates such Commission on September 30, 1995. Authorizes appropriations as necessary for FY 1992 through 1994.
Bill· HRH.R. 5745 (102nd)referred
United States · United States Congress · 31 July 1992
Repeals specified portions of the Unemployment Compensation Amendments of 1992 (Public Law 102-318) which: (1) provide for optional trustee-to-trustee transfers of eligible rollover distributions; and (2) impose a withholding tax on distributions not so transferred. Requires the Internal Revenue Code to be applied and administered as if such provisions (and the amendments made by such provisions) had not been enacted.
Bill· SS. 3113 (102nd)referred
United States · United States Congress · 30 July 1992
Quinebaug and Shetucket Rivers Valley National Heritage Corridor Act of 1992 - Establishes: (1) a Quinebaug and Shetucket Rivers Valley National Heritage Corridor in Connecticut; and (2) the Quinebaug and Shetucket Rivers Valley National Heritage Corridor Commission to assist appropriate Federal, State, and regional planning organizations and local authorities in the development and implementation of an integrated resource management plan for the Corridor's lands and water to be submitted to the Secretary of the Interior and the Governor of Connecticut for review and approval. Sets forth the duties of: (1) the Secretary with respect to approval or disapproval of the plan; and (2) a Federal agency conducting or supporting activities directly affecting the corridor, under specified conditions. Terminates the Commission five years after the enactment of this Act. Provides for a five-year extension of the Commission if necessary to carry out the provisions of this Act. Requires the Commission to solicit, for each fiscal year, payment of an amount equal to 50 percent of its annual operating costs from non-Federal sources. Authorizes appropriations.
Bill· SS. 3102 (102nd)referred
United States · United States Congress · 30 July 1992
Amends the Internal Revenue Code to reduce the deduction for corporate interest payments by 20 percent. Excepts small corporations and farming businesses from such reduction. Allows corporations a deduction of 50 percent of the dividends paid during a taxable year. Limits such deduction to the amount in the qualified dividend account established by the corporation for the payment of such dividends. Prohibits the following corporations from using such deduction: (1) regulated investment companies; (2) real estate investment trusts; (3) an S corporation (certain small business corporations); (4) cooperative organizations; and (5) foreign sales corporations (FSC) and domestic international sales corporations (DISC). Provides for an increase in the withholding tax on dividends paid to nonresident aliens or foreign corporations to reflect the dividend paid deduction. Requires, in the case of the acquisition of assets of a corporation by another corporation, that the acquiring corporation carryover the qualified dividend account.
Law· SS. 3112 (102nd)enacted
United States · United States Congress · 30 July 1992
Public Health Service Act Technical Amendments Act - Makes technical amendments to the Public Health Service Act (PHSA), as amended by P.L. 102-321 (ADAMHA Reorganization Act). Amends the PHSA to direct the Secretary of Health and Human Services to require (currently, directs the Secretary of Health and Human Services, by regulation, to require) appropriate peer review of grants, cooperative agreements, and contracts to be administered through the Center for Substance Abuse Treatment, the Center for Substance Abuse Prevention, and the Center for Mental Health Services. Modifies formulas for determining the amount of (and minimum) allotments to territories for block grants for community mental health services. Changes requirements regarding data provided to the Secretary as a condition for such block grants. Revises requirements regarding reallotments of unpaid portions of alcohol and drug abuse and mental health services block grant allotments for fiscal year 1992.
Bill· SS. 3111 (102nd)referred
United States · United States Congress · 30 July 1992
Enterprise Zone Jobs-Creation Act of 1991 - Part I: Overview - Declares the purpose of this Act to provide for the designation of economically distressed urban and rural areas as enterprise zones in order to stimulate the creation of new jobs in the zones, particularly for disadvantaged workers and long-term unemployed individuals, to enhance the availability and delivery of local goods and services to residents and businesses in the enterprise zones through meaningful entrepreneurial activity. Part II: Designation of Enterprise Zones - Authorizes the Secretary of Housing and Urban Development to designate urban enterprise zones and the Secretary of Agriculture to designate rural enterprise zones for purposes of providing tax and regulatory relief and improving local services. Limits choices to areas nominated by States and local governments. Limits the total number of areas that may be designated, and the time period of the designation. Requires the Secretary of the Treasury, prior to the designation, to estimate the impact of the designation on Federal revenues during FY 1992, 1993, 1994, 1995, 1996, and 1997. Prohibits the designation of an area as an enterprise zone if the estimated sum is greater than $2,500,000,000. Authorizes the designation of a zone only if the area meets certain locational, demographic, unemployment, and poverty criteria. Requires nominating local governments, as a condition of the Secretary's designation, to agree in writing to follow a course of action that may include reducing tax rates, improving local services, simplifying or streamlining regulation of business, and providing job training to area residents. Requires the Secretary to report to the Congress every two years on the effects of such enterprise zones' designation in accomplishing the purposes of this Act. Part III: Federal Income Tax Incentives - Requires taxpayers claiming benefits under this part to make appropriate disclosure to the Internal Revenue Service. Establishes the regulatory authority of the Secretary of the Treasury in carrying out the purposes of this Act. Allows a deduction for the aggregate amount paid by an individual for the purchase of enterprise zone stock on the original issue of such stock by a qualified issuer. Limits the maximum amount allowed as a deduction for any taxable year to $20,000 and $100,000 for the taxpayer's lifetime. Provides that in the disposition of such stock the gain shall be treated as ordinary income. Provides for the charging of interest to a taxpayer who disposes of such stock within five years of its purchase. Excludes from gross income any amount of gain constituting enterprise zone investor gain. Requires enterprise zone investor loss to be treated as ordinary loss. Excludes from gross income any amount of gain constituting enterprise zone business gain. Requires enterprise zone business loss to be treated as ordinary loss. Allows the issuance of tax-exempt bonds to finance qualified enterprise zone facilities. Relieves such bonds from certain limitations on the acquisition of land or existing property. Allows an issuer to elect not to treat such bonds as private activity bonds. Allows an income tax credit to enterprise zone employees who are not eligible for the earned income tax credit of five percent of any wages earned as do not exceed the employee's qualified wages. Allows small businesses in enterprise zones to expense depreciable business assets up to $50,000 per year. (Current expensing is limited to $10,000 per year). Establishes an alternative neutral cost recovery system for enterprise zone business property. Excludes enterprise zone investor gain and business gain from income for purposes of computing alternative minimum tax. Part IV: Regulatory Flexibility - Amends Federal law to revise the definition of "small entity" for purposes of the analysis of regulatory functions to include qualified business, government, and nonprofit enterprises operating within enterprise zones. Authorizes Federal agencies, upon request by a designating government, to waive or modify rules and regulations pertaining to the implementation of projects or activities within an enterprise zone. Requires agencies to approve the request if the resulting benefits of job creation, community development, or economic revitalization outweigh the public interest in retaining the rule unchanged. Disallows waiver or modification of a rule that would directly violate a statutory requirement or present a danger to the public health and safety. Part V: Establishment of Foreign-Trade Zones in Enterprise Zones - Requires the Foreign-Trade Zone Board to consider on a priority basis and to expedite the processing of applications for the establishment of foreign-trade zones within enterprise zones. Requires the Secretary of the Treasury to give priority to, and expedite applications for, the establishment of ports of entry necessary to establish such zones. Part VI: Repeal of Title VII of the Housing and Community Development Act of 1987 - Repeals title VII (enterprise zone development) of the Housing and Community Development Act of 1987.
Bill· HRH.R. 5722 (102nd)referred
United States · United States Congress · 30 July 1992
Amends the Internal Revenue Code to allow a credit of $100 for each qualified older automobile of a taxpayer permanently removed from use pursuant to a program of the Environmental Protection Agency (EPA). Requires the Administrator of EPA to establish and implement such a program to encourage the permanent removal from use of automobiles older than model year 1980. Imposes an excise tax on chlorodifluoromethane (HCFC-22) as an ozone-depleting chemical.
Bill· HRH.R. 5721 (102nd)referred
United States · United States Congress · 30 July 1992
Amends the Internal Revenue Code to allow a three-year depreciable life for semiconductor manufacturing equipment and equipment used to manufacture advanced materials or to develop advanced technologies. Imposes a minimum tax on domestic corporations which are 25-percent foreign-owned and foreign corporations engaged in a trade or business within the United States.
Bill· HRH.R. 5723 (102nd)open
United States · United States Congress · 30 July 1992
School-to-Work Transition and Skill Standards Development Act of 1992 - Title I: Findings and Purposes - Sets forth congressional findings and the purposes of this Act. Title II: National Commission on a High Skills Workforce - Establishes the National Commission on a High Skills Workforce (the Commission). Directs the Commission to: (1) make grants to develop voluntary national industry and occupational skill standards and to improve school-to-work transition services; (2) develop a national school-to-work transition system based on such standards and services; (3) disseminate certified standards to all of various entities operating within or providing services to the appropriate industry or occupation; and (4) ensure that participants in any program conducted under this Act are afforded adequate supervision and protection by fully-skilled adult workers, and are provided with adequate and safe equipment and a safe and healthful workplace in conformity with Federal and State standards. Requires the Commission to submit to the Congress, within one year after its initial meeting, a report containing an initial outline of the national school-to-work transition system to be developed by the Commission. Terminates the Commission on January 1, 1998. Authorizes appropriations. Title III: Grants to Develop Voluntary National Industry and Occupation Skill Standards - Directs the Commission to make grants to eligible entities to develop voluntary national industry and occupational skill standards. Limits the period of any such grant to at most three fiscal years, subject to annual Commission approval and availability of appropriations. Sets forth application requirements, including grantee reports. Authorizes grants use only for: (1) identification of world-class standards; (2) development of voluntary national industry and occupational standards that are linked to existing rates of pay and pay increases, promote reduction and removal of bias and discrimination, and promote entry of women into nontraditional occupations or fields; (3) development of curricula and training materials that are usable by a wide variety of providers, including structured work experiences and related study programs leading to certificates or associate degrees, and provide for training of instructors; (4) assessment and certification that are based on existing world-class standards, use a variety of testing methods, establish multiple levels of mastery or certification, and provide for continuing education; (5) development of evaluation component; and (6) dissemination. Sets forth selection requirements, including priorities and limitations. Sets forth allocation requirements. Requires the Commission to report to the Congress in each fiscal year in which it makes such grant payments. Directs the Commission to: (1) hold public hearings to solicit public review and comment on the voluntary national industry and occupation skills standards contained in grantee reports; and (2) certify skill standards appropriate for the industry or occupation. Defines eligible entity as a consortium consisting of representatives from a business or industry association, a labor organization or worker representative group, and an educational institution or training organization. Authorizes appropriations. Title IV: Grants to States to Improve School-to-Work Transition Services - Directs the Commission to make grants to leadership States (which have existing school-to-work transition infrastructures) to improve and expand their existing school-to-work transition services. Limits the period of such a grant to at most three years, subject to annual Commission approval and availability of appropriations. Sets forth application, fund use, program, and allocation requirements. Requires a Commission report to the Congress, in each fiscal year when such grant payments are made. Authorizes appropriations for such grants. Directs the Commission to make initial planning grants to developmental States (which lack existing school-to-work infrastructures) to establish State plans to develop school-to-work transition services. Sets forth application, fund use, program, and allocation requirements. Requires establishment of workforce quality councils to provide or assist in provision of services. Sets forth additional requirements for: (1) integration of existing apprenticeship programs; (2) flexibility in allowing participant transfers among transition programs in different fields and from and to transition programs and conventional academic programs and traditional apprenticeship programs; and (3) implementation of certified standards. Requires coordination with existing programs. Requires designation of a liaison between the provider and the clearinghouse under title VI of this Act. Sets forth grantee selection requirements, including priority for development States that: (1) have a large number or percentage of individuals who have not completed secondary or postsecondary education; (2) target urban and rural areas with high poverty and unemployment rates for transition program assistance; and (3) have policies promoting entry of women into nontraditional occupations and of minorities into the workplace. Authorizes appropriations for initial planning grants. Directs the Commission to make implementation grants to developmental States that have successfully complied with certain requirements (under the planning grant program) to carry out the school-to-work transition program they have established. Limits the period of such an implementation grant to at most three fiscal years, subject to annual Commission approval and availability of appropriations. Sets forth application, fund use, program, and allocation requirements. Sets forth grantee selection requirements, including priority for States that: (1) have developed or will develop programs which encourage secondary students to enroll in traditional apprenticeships (with the operators' consent); (2) provide staff or teacher training in work-based learning techniques; (3) have developed alternative learning, flexible school hours and attendance policies, postsecondary options and flexibility in graduation requirements while maintaining high academic standards; and (4) have assessed the future workforce needs for the State over a three-to-five-year period based on available labor data, and have provided projections on how the State will meet such needs. Requires the Commission to report to the Congress, in each fiscal year in which such a grant is made. Authorizes appropriations for implementation grants. Title V: Grants to Local Consortia to Improve School-to-Work Transitional Services - Directs the Commission to make grants to eligible entities to develop school-to-work transition programs which provide students with increased options for career and educational opportunities at the local level. Limits the period of such a grant to at most three fiscal years, subject to annual Commission approval and availability of appropriations. Sets forth application requirements. Sets forth mandatory and discretionary uses of funds. Sets forth grantee selection requirements, including geographic diversity and priority for entities that: (1) have labor, business, and educational organizations represented; and (2) are located in areas with high rates of poverty or unemployment. Sets forth allocation requirements. Requires grantees to submit reports to the Commission in each fiscal year in which they receive grant funds. Defines an eligible entity as a consortium that: (1) must include representatives of a business or industry association, a labor organization or worker representative group, and an educational institution or training organization; and (2) may include representatives from a community-based organization, a private industry council or other similar organization, and institution of higher education, a public vocational or technical school (or technical college), and a unit of general local government. Authorize appropriations for such grants. Title VI: National Information Clearinghouse on a High Skills Workforce - Directs the Secretary of Labor to establish within the Department of Labor a National Information Clearinghouse on a High Skills Workforce (the Clearinghouse). Requires the Clearinghouse to: (1) gather and compile information on different school-to-work transition programs in the United States; (2) establish and operate a national database to provide general public access to such information; (3) serve as an information source on new developments and different transition programs; (4) provide technical and policy assistance to States and eligible local consortia to improve or establish transition programs and access to them; (5) provide training and technical assistance to transition instructors, and promote diffusion of state-of-the-art teaching and training methods and technologies for such programs; (6) encourage innovation and experimentation in transition programs at State and local levels, by providing current information on national activities; (7) create an Industry Worker Training Databank within the Clearinghouse; (8) categorize Databank information in specified ways; and (9) gather and compile information on laws relating to school-to-work transition. Directs the Secretary of Labor to report annually to the Congress, including a compilation of information received by the Clearinghouse and an evaluation of Clearinghouse effectiveness. Authorizes appropriations. Title VII: Nonduplication, Nondisplacement, Nondiscrimination, and Other Requirements - Sets forth prohibitions against use of assistance under this Act for programs that: (1) duplicate other programs; (2) displace employees or positions; (3) discriminate on the basis of race, ethnicity, religion, gender, age, handicap, political affiliation, or socioeconomic status; (4) are used by States to attract or induce existing businesses or their subsidiary units to relocate from one State to another, or engage in bidding for proposed businesses or their subsidiary units; or (5) impair existing contracts for services or collective bargaining agreements (without written concurrence of the labor organization and employer).
Bill· SS. 3085 (102nd)referred
United States · United States Congress · 28 July 1992
Amends the Social Security Act to disregard amounts in the individual retirement plan of an individual receiving Aid to Families with Dependent Children payments as a resource or income for purposes of eligibility for such payments. Amends the Internal Revenue Code to allow penalty-free distributions from an individual retirement plan, or from amounts attributable to employer contributions made pursuant to elective deferrals, to the extent such distributions do not exceed qualified higher education expenses of the taxpayer, the taxpayer's spouse, or the taxpayer's child or grandchild.
Bill· HRH.R. 5706 (102nd)referred
United States · United States Congress · 28 July 1992
Amends the Internal Revenue Code to apply early retirement rules to multiemployer plans in the same manner as plans maintained by government and tax-exempt organizations. Limits compensation under such plans for purposes of benefit payments.
Resolution· HRESH.Res. 530 (102nd)passed
United States · United States Congress · 28 July 1992
Waives certain points of order against the consideration of H.R. 5678 (appropriations for the Departments of Commerce, Justice, and State, the Judiciary, and related agencies.)
Resolution· HRESH.Res. 529 (102nd)passed
United States · United States Congress · 28 July 1992
Waives certain points of order against the consideration of H.R. 5679 (appropriations for the Departments of Veterans Affairs and Housing and Urban Development and related agencies, boards, commissions, corporations, and offices).
Bill· SS. 3082 (102nd)referred
United States · United States Congress · 27 July 1992
Amends the Internal Revenue Code to authorize the Secretary of the Treasury to waive the three-year limitation on claiming a credit or refund upon a showing of good cause and reasonable diligence by the taxpayer.
Bill· SS. 3080 (102nd)referred
United States · United States Congress · 27 July 1992
Discharge of Indebtedness Reform Act of 1992 - Amends the Internal Revenue Code to restore the exclusion from gross income of income from the discharge of qualified real property business indebtedness.
Bill· SS. 3079 (102nd)referred
United States · United States Congress · 27 July 1992
Act for an Annual Report for the American Citizens - Requires the Secretary of the Treasury to distribute to all taxpayers (who so request) an annual report containing, at a minimum: (1) the most recent five-year actual trends in Federal receipts, expenditures, fund balances, assets and liabilities, and debts by major category or source; (2) a comparison of the actual budget totals for the most recent fiscal year to the budget projections; (3) statements from the President and congressional leadership regarding significant aspects of the Government's financial performance; and (4) any other relevant information on the Government's performance and contributions to economic growth, productivity, and investment in infrastructure. Requires the report to be supervised and directed by the Deputy Director for Management of the Office of Management and Budget. Establishes an advisory committee to provide the Deputy Director with comments and suggestions on the design and content of the annual report. Requires the Deputy Director and the Comptroller General to attest to the accuracy of information in such report. Allows the costs of preparing and distributing the report to be paid by contributions from corporations, foundations, and other private entities. Authorizes appropriations for FY 1993 through 1997.
Bill· SS. 3065 (102nd)open
United States · United States Congress · 24 July 1992
Rehabilitation Act Amendments of 1992 - Amends the Rehabilitation Act of 1973 (the Act) to revise and extend various vocational rehabilitation programs. Title I: Administration and Vocational Rehabilitation Services - Subtitle A: Administration - Revises provisions for findings, purpose, and policy under the Act. Revises or adds definitions of community rehabilitation programs (this term replaces rehabilitation facilities), employment outcomes, individuals with disabilities, personal assistance services, rehabilitation technology (replaces engineering), individuals with severe disabilities supported employment, assessment for determining eligibility and vocational rehabilitation needs, assistive technology devices and services, disability, extended services, impartial hearing officers, independent living services, ongoing support services, supported employment services, and transition services. Sets the Federal share at 78.7 percent. (Currently the Federal share is 80 percent for payments less than or equal to the 1988 payment to the State, and 75 percent of any excess over the FY 1988 payment for FY 1993.) Requires annual reports to include information on types of rehabilitation technology services provided to each client in the preceding fiscal year. Allows recipients of grants under specified programs under the Act to carry over such funds for use in the next fiscal year. Adds client assistance information requirements. Requires all programs that provide services to individuals with disabilities under the Act to advise such individuals or their parents, guardians, or legal representatives of the availability and purposes of the client assistance program, including information on how to seek assistance under it. Subtitle B: Vocational Rehabilitation Services - Revises provisions for findings, purpose, and policy under title I (Vocational Rehabilitation Services) of the Act. Extends through FY 1997 the authorization of appropriations for: (1) basic grants for vocational rehabilitation services (in necessary amounts, but at least equal to the immediately preceding fiscal year, plus indexing for inflation); and (2) innovation and expansion grants (in necessary amounts). Revises the formula for determining amounts under specified provisions for extension of authorization or duration. Revises requirements for State plans under the Act to allow their submission to coincide with the intervals at which State plans are to be submitted under other Federal laws, such as the Individuals with Disabilities Education Act. Requires State plans to include certain provisions, as follows. Requires explanation of the methods by which the State will provide vocational rehabilitation services to all eligible individuals with disabilities. (Provides that State criteria shall determine those with the most severe disabilities, who are to receive such services first.) Requires description of how rehabilitation technology services will be provided at each stage of the rehabilitation process and on a statewide basis, and of the training to be provided for vocational rehabilitation counselors and client assistance and other related personnel. Requires assurance that facilities will comply with provisions for nondiscrimination under Federal grants and programs under the Act and with the Americans with Disabilities Act of 1990. Requires a comprehensive system of personnel development for professionals and paraprofessionals employed by the State agency, standards to ensure appropriate and adequate training of personnel, and minimum standards to ensure availability of personnel trained to communicate in the native language or mode of communication of the client. Provides that determinations regarding availability of comparable services and benefits under any other program are not required prior to the provision of services if an immediate job placement would be lost due to a delay in the provision of comparable benefits. Requires use of existing information available from other programs and providers (particularly education officials and the Social Security Administration) and information that can be provided by the individual with a disability or that individual's family in determining eligibility for vocational rehabilitation services and choosing rehabilitation goals, objectives, and services. Revises provisions for interagency cooperation to specifically include arrangements for coordination of services to individuals eligible under Federal law which created the Committee on Purchases of Blind-made Products (the Wagner-O'Day Act). Provides that interagency cooperation includes, if appropriate: (1) establishing interagency working groups; and (2) entering into formal interagency cooperative agreements that identify policies, practices, and procedures that can be coordinated and describe available resources and financial responsibilities of each agency. Changes references to rehabilitation facilities and their condition to community rehabilitation programs and their effectiveness. Requires annual (currently periodic) review and reevaluation of the status of individuals placed in extended employment settings in community rehabilitation programs, including workshops, or other employment under specified provisions of the Fair Labor Standards Act of 1938 for special certificates for employment of individuals with disabilities. Requires such review and reevaluation to: (1) include individual or family input; and (2) determine such individuals' interests, priorities, and needs for their employment, or training for competitive employment, in integrated settings in the labor market. Requires maximum efforts, including provision of vocational rehabilitation services, designed to promote movement from extended employment to integrated employment, including supported employment. Permits use of funds under title I of the Act for facilities construction, but only under special circumstances. Includes the views of the Director of the client assistance program among those that are to be considered in State and local policy planning under the Act. Requires that continuing studies and annual evaluation also form the basis for developing and updating a required strategic plan. Requires that public comment precede the development of the State plan. Requires the State agency to establish plans, policies, and methods (including entering into a formal interagency agreement with education officials responsible for public education of individuals with disabilities) to facilitate: (1) development and accomplishment of long-term goals and objectives, as well as those related to independent living before a student leaves a school setting, including coordination plans for transition services; and (2) transition from public education by an educational agency to vocational rehabilitation services by the designated State unit, including coordination plans for transition services. Adds State plan requirements for: (1) coordination and working relationships with the Statewide Independent Living Council and independent living centers; (2) a strategic plan to expand and improve vocational rehabilitation services for individuals with disabilities on a statewide basis; (3) description and assurance of the effectiveness of the system for evaluating performance of rehabilitation counselors, coordinators, and other personnel in State facilities; (4) description of State cooperation with disability organizations, business, industry, and labor to expand employment opportunities for individuals with disabilities, including training and technical assistance with respect to changes made by this Act and methods of complying with specified employment and access requirements of the Act and with title I of the Americans with Disabilities Act of 1990, or otherwise ensuring equal opportunity for such individuals, regardless of whether they have applied for or are receiving vocational rehabilitation services under the Act; and (5) establishment of a State Rehabilitation Advisory Council, unless a consumer-controlled independent commission is responsible for overseeing the operation of the designated State agency, and specified conditions are met. Sets forth provisions for determinations of eligibility for assistance under title I of the Act, including: (1) general eligibility for an individual with a disability who requires vocational rehabilitation services in relation to gainful employment; (2) presumption of a physical or mental impairment which substantially impedes, and a serious such impairment which seriously limits, employment in the case of individuals who have a disability or are blind as determined under specified Social Security Act provisions; (3) appropriate use of determinations made by officials of other agencies, particularly certain education officials, as to whether an individual has a disability or severe disability; (4) presumption that an individual can benefit in employment outcome from vocational rehabilitation services, unless the designated State unit can demonstrate by clear and convincing evidence that an individual is incapable of so benefitting (after extended evaluation, preliminary assessment, prompt determination except in unusual circumstances, and notification of reasons, rights, remedies, and client assistance). Revises provisions for the individualized written rehabilitation program (IWRP). Requires the designated State unit, upon determination of individual eligibility for services, to complete an assessment (if necessary) to determine certain eligibility and vocational rehabilitation needs. Requires the IWRP to be jointly developed, agreed upon, and signed by the individual (or parent, family member, guardian, advocate, or authorized representative) and the vocational rehabilitation counselor or coordinator. Requires the IWRP to be designed to achieve the individual's employment objective, consistent with the individual's unique strengths, resources, priorities, concerns, abilities, and capabilities. Requires the IWRP to include, among other items, statements of: (1) long-range goals based on the assessment of individual rehabilitation needs, and intermediate objectives determined through a needs assessment carried out in the most individualized and integrated setting (consistent with the individual's informed choice); (2) assessment and reassessment of expected need for extended services, if appropriate (as well as for postemployment services) and details on how such services will be provided or arranged; (3) terms and conditions under which goods and services will be provided to the individual; (4) identification of an entity or entities that will provide the services and of the process used to provide or procure such services; (5) the individual's own words (or those of a parent, family member, guardian, advocate, or authorized representative) describing how the individual was informed and involved in choosing among alternative goals, objectives, services, providers, and methods; (6) reasons why an individual for whom a program has been prepared is no longer eligible for services (if such an amendment is necessary); and (7) rights and remedies available to an individual. Requires the designated State unit to furnish a copy of the IWRP and amendments to the individual with a disability (or, if appropriate, a parent, family member, guardian, advocate, or authorized representative). Requires selection of the impartial hearing officer for a case, either on a random basis or by agreement of the Director of the designated State unit (Director) and the individual with a disability, from among a pool of qualified persons identified jointly by the designated State unit and consumer members of the State Rehabilitation Advisory Council (or the consumer-controlled independent commission(s)). Prohibits the Director from overturning or modifying any part of such officer's decision that supports the individual's position, unless the Director concludes (based on clear and convincing evidence) that such decision is clearly erroneous because it is contrary to Federal or State law, including policy. Requires the Director to make a final decision in writing, including a full report of findings and grounds, and provide a copy to the individual. Prohibits suspension, reduction, or termination of services being provided under an IWRP, pending a final determination of such a hearing or other final resolution of administrative review, unless the individual so requests or unless the individual has obtained such services through misrepresentation, fraud, collusion, or criminal conduct. Revises provisions relating to the scope of vocational rehabilitation services under title I of the Act to include: (1) assessment to determine eligibility and vocational rehabilitation needs by qualified personnel, including, if appropriate, an assessment by personnel skilled in rehabilitation technology; (2) maintenance for additional costs incurred while participating in rehabilitation; (3) referral and other services to help secure needed services from other agencies through agreements, if such services are not available under the Act; (4) transition services to help accomplish long-term rehabilitation goals and intermediate objectives; (5) on-the-job or other related personal assistance services to assist individual performance of work-related functions necessary to obtain and retain competitive work in an integrated work setting and to fulfill individual job functions while actively involved in a rehabilitation program that includes other title I services; and (6) supported employment services. Allows title I vocation rehabilitation services, when provided for the benefit of groups of individuals, to also include costs of: (1) establishing a community rehabilitation program; or (2) construction, under special circumstances, of a facility for such a program. Requires a State, in order to be eligible for assistance under title I of the Act, to establish a State Rehabilitation Advisory Council (and a separate Council for individuals who are blind if there is a separate State agency to administer that part of vocational rehabilitation services for such individuals) to review and advise the designated State unit. Allows a State, as an alternative to establishing such a Council, to have a consumer-controlled independent commission (or commissions if there is a separate agency for rehabilitation of individuals who are blind) to oversee the operation of the designated State unit. Requires that a majority of Council members be individuals with disabilities and not employed by the designated State unit. Requires such Councils to coordinate with other appropriate councils within the State. Requires such Councils to submit annual reports to State Governors or appropriate State entities and to the Commissioner of the Rehabilitation Services Administration (RSA) (the Commissioner). Requires the Council to prepare, in conjunction with the designated State unit, a plan for provision of resources, including staff, to carry out Council functions. Prohibits financial conflict of interest by members voting. Allows a State that has established a comparable Council to be considered as complying with such Council requirements. Requires development and implementation of evaluation standards and performance indicators for the vocational rehabilitation services program under title I of the Act, in accordance with specified procedures including public comment. Requires annual State reports to the Commissioner on the extent of State compliance with such standards and indicators. Directs the Commissioner and any State whose performance is below established standards to jointly develop a program improvement plan. Directs the Commissioner to biannually review such State's program improvement efforts, request further revisions where necessary, and continue such review until satisfactory performance is sustained for more than one year. Requires reductions or terminations of payments to any State failing to enter into or comply with a necessary performance improvement plan. Directs the Commissioner to include, in the annual report to the Congress, an analysis of program performance, with relative State performance, based on such standards and indicators. Directs the Commissioner to: (1) provide for annual review and periodic on-site monitoring of programs under title I of the Act; and (2) determine whether States are complying with State plan provisions and with evaluation standards and performance indicators. Sets forth procedures for such reviews and monitoring. Requires the Commissioner to provide technical assistance to programs to improve the quality of services, and corrective action plans for programs not in compliance with plans, standards, or indicators. Requires withholding of payments in cases of State agency failures to comply in administration of a State plan, in accordance with specified procedures for notification and judicial review of withholding determinations. Provides that unused payments to a State shall remain available for reallotment to other States until reallotted. Modifies State maintenance of effort requirements relating to amounts of payments to States. Allows client assistance programs (CAPs) to provide assistance and advocacy with respect to services directly related to facilitating the employment of the individual. Adds to the procedural requirements limiting redesignation of the agency conducting a CAP. Extends through FY 1997 the authorization of appropriations for grants to States for CAPs under title I of the Act. Revises provisions for innovation and expansion grants under part C of title I of the Act. Requires any State desiring to receive assistance under this part C (and under part B basic grants) to submit to the Commissioner a strategic plan to develop and use innovative approaches for achieving long-term success in expanding and improving vocational rehabilitation services (including supported employment services) provided under the State plan and the supplement. Sets forth requirements for the contents of, and the process of developing, such strategic plans. Allows States to use part C funds to improve: (1) working relationships between vocational rehabilitation services and independent living services; (2) vocational rehabilitation services for individuals with the most severe disabilities; (3) services to classes of individuals with unusual or complex rehabiitation needs; (4) use of rehabilitation technology, including appropriate evaluation and adaptation of the workplace or training program; and (5) functioning of the services delivery system and coordination with other entities, including development of an integrated system of community-based vocational rehabilitation service with appropriate transitions between service systems. Allows States to also use part C funds to support: (1) ensuring the effectiveness of the annual evaluation of programs and personnel; (2) initiating, expanding, or improving a comprehensive system of personnel development; (3) training and technical assistance to consumers, business, industry, labor, community rehabilitation programs, and others regarding implementation of amendments made by this Act, of title V (Access) provisions of the Act, and of the Americans with Disabilities Act of 1990; (4) funding of the State Rehabilitation Advisory Council and the Statewide Independent Living Council. Sets forth provisions for part C innovation and expansion grants allotments among States, and increases the minimum allotment. Repeals outdated provisions for a study of needs of American Indians with handicaps. Directs the Commissioner to undertake a comprehensive review of the current system for collecting and reporting client data under the Act, particularly under title I programs. Sets forth requirements relating to considerations, recommendations, other views, and a report to the Congress on such review. Directs the Secretary of Education (the Secretary) and the Secretary of Health and Human Services to enter into a memorandum of understanding to exchange data of mutual importance, on clients of State vocational rehabilitation agencies, contained in specified databases of the RSA and the Social Security Administration. Directs the Secretary to promulgate regulations for: (1) implementing an order of selection for vocational rehabilitation services under specified provisions of title I of the Act if such services cannot be provided to all eligible applicants; and (2) criteria for selecting vocational rehabilitation services under title I and procuring such services directly by the individual (with specific procedures to ensure such services' sufficient scope, quality, and reasonable costs, and prevention of fraud, waste, and abuse in provision of such services). Allows a State to continue until October 1, 1994, to use Social Security reimbursement payments generated under the State vocational rehabilitation program under title I of the Act or the State supported employment services program under part C of title VI of the Act to support allowable expenditures under any other rehabilitation program under the Act (if such State did so during FY 1992). Title II: Research - Revises the declaration of purpose under title II (Research and Training) of the Act. Extends through FY 1997 the authorization of appropriations for: (1) the expenses of the National Institute on Disability and Rehabilitation Research (the Institute); and (2) all other programs under title II of the Act. Revises provisions for the Institute's functions and its Director's responsibilities to require wide dissemination of: (1) information on activities funded by the Institute; and (2) educational materials to various public and private entities, including rehabilitation practitioners, individuals with disabilities, and their families, concerning ways to maximize such individuals' full inclusion and integration into society, employment, independent living, family support, and economic and social self-sufficiency (and requires pertinence to such concerns in the Institute's conferences, seminars, and workshops on advances in rehabilitation research and technology). Requires the Institute to report annually to the President and appropriate congressional committees on title II programs and activities, including information on specific advancements and developments and specific impact on vocational rehabilitation services and quality of life for individuals with disabilities, and how such information was disseminated. Includes the Health Care Financing Administration among the entities with which the Institute may jointly produce certain statistical reports and studies (which are to be widely disseminated to various entities, including individuals with disabilities and their families). Requires Institute coordination with the Attorney General with respect to provision of information, training, or technical assistance regarding the Americans with Disability Act of 1990 to ensure consistency with the technical assistance plan under such Act. Requires the Institute's Deputy Director (as well as its Director) to have substantial experience in rehabilitation and in research administration. Includes individuals with disabilities among the highly qualified research fellows who may receive Institute fellowships. Includes knowledgeable individuals with disabilities and family members of individuals with disabilities among those who may comprise peer review groups for scientific review of research grants and programs over which the Institute has authority. Requires that individuals comprising such groups be selected from a pool of qualified individuals. Directs the Secretary to provide for training such individuals and for mechanisms to receive input from individuals with disabilities and their representatives. Revises provisions for use of title II funds. Revises provisions for a long-range plan for rehabilitation research to require such plan to: (1) identify any research which should be conducted regarding the inclusion and integration into society of individuals with disabilities, especially in the area of employment; (2) be developed in consultation with the Rehabilitation Research Advisory Council and after full consideration of input of individuals with disabilities and their families, organizations representing such individuals, providers of services under the Act, and researchers in the rehabilitation field; (3) include plans for widespread dissemination of research results in practical formats to diverse types of individuals and groups; (4) be developed by the Institute's Director (the Director) in coordination with the Commissioner, and in consultation with the Secretary, officials administrating the Developmental Disabilities Assistance and Bill of Rights Act, the Interagency Committee, individuals with disabilities and their families, and other appropriate persons; and (5) be revised at least once every five years and whenever the Director determines necessary. Revises provisions relating to the comprehensive and coordinated research program and pediatric rehabilitation research. Requires that certain grants to institutions of higher education be for training rehabilitation researchers, including individuals with disabilities, with particular attention to areas of research that improve effectiveness of services under the Act. Eliminates outdated provisions for a certain report, recommendations, and study. Revises provisions for an Interagency Committee to include as members the Commissioner (of RSA) and the Assistant Secretary for Special Education and Rehabilitative Services. Requires such Committee to first receive input from individuals with disabilities and their families before carrying out its identification, assessment, and coordination duties with respect to research related to such individuals' rehabilitation. Revises various purposes and emphases of required research grant and contract programs relating to multiple and interrelated needs of individuals with disabilities. Includes under such required programs demonstration projects, training, and related activities to develop methods, procedures, and rehabilitation technology to maximize such individuals' (especially those with severe disabilities) full inclusion and integration into society, employment, independent living, family support, and economic and social self-sufficiency, and to improve effectiveness of services under the Act. Revises provisions for discretionary grants to pay all or part of the cost of specialized research activities. Revises provisions for such discretionary grants for Rehabilitation Research and Training Centers to allow such centers to be operated in collaboration with providers of rehabilitation services or other appropriate services (as an alternative to the current collaboration, which is retained, with institutions of higher education). Revises required functions and authorized activities of such centers. Requires, to be eligible to receive a center grant, each institution or provider to: (1) be of size, scope, and quality to effectively carry out center activities in an efficient manner consistent with appropriate State and Federal law; and (2) have the ability to carry out the training activities either directly or through another entity. Requires that center grants be competitive and be for five-year periods, but allows a grant for a lesser period if the recipient is new or the grant supports new or innovative research. Revises provisions for such discretionary grants for Rehabilitation Technology Research and Resource Centers (currently named Rehabilitation Engineering Research Centers). Revises provisions for such center research and demonstration activities. Requires such centers, to the extent consistent with such activities, to: (1) assist, train, and provide information to individuals with disabilities and their families to increase awareness and understanding of how rehabilitation technology can address their needs, and of the range of available options, programs, services, and resources; and (2) train individuals, including those with disabilities, to become rehabilitation technology researchers and practitioners. Lists specified life and functional areas as areas of focus for such centers' activities. Authorizes the Director to fund an additional center, with an area of focus not identified in such list, to conduct research and demonstration activities relating to emerging program trends and technologies (based on public input and the recommendation of the Rehabilitation Research Advisory Council). Requires each such center to have an advisory committee with: (1) a majority membership of individuals with disabilities who use rehabilitative technology (or their parents, family members, guardians, advocates, or authorized representatives); and (2) a full membership broadly representative of individuals and groups with an interest in rehabilitation technology, including providers, manufacturers, funders, practitioners, and minority group members. Requires such grants to be competitive and for five year periods, but allows lesser periods in cases of new recipients or new or innovative research. Revises provisions for such discretionary grants for spinal cord injury research. Adds provisions for discretionary research grants for: (1) model personal assistance services systems and other innovative service programs; and (2) model systems of comprehensive service delivery to individuals with severe disabilities other than spinal cord injuries requiring a multidisciplinary system of providing vocational and other rehabilitation services. Revises provisions for such discretionary grants for rehabilitation of children or older individuals (including older American Indians) who are individuals with disabilities. Allows such research program to include projects designed to assist adjustment of, or maintain as residents in the community, older workers with disabilities on leaving the work force. Allows waiver of the requirement of a peer review site visit before a discretionary research grant may be made, if the Director determines there is sufficient information to make an award without a site visit. Directs the Secretary to establish in the Department of Education a Rehabilitation Research Advisory Council, to advise the Director with respect to research priorities and the development and revision of the long-range plan. Requires Council members to be: (1) appointed by the Secretary; and (2) generally representative of the communities of rehabilitation professionals, rehabilitation researchers, and individuals with disabilities and their families (with at least one-half of the Council members being such individuals or their family members). Title III: Training and Demonstration Projects - Revises and renames title III of the Act (currently Special Federal Responsibilities) as Training and Demonstration Projects, with a part A, Training Programs and Community Rehabilitation Programs (currently Construction and Training Programs), and a part B, Special Projects (currently Special Projects and Supplementary Services). Revises title III grant and contract programs to replace construction of rehabilitation facilities with development and improvement of community rehabilitation programs. Provides for training for skilled personnel to provide rehabilitation services to individuals with disabilities through various types of programs, and for training and information for such individuals and their families to develop skills to access the system and become active decisionmakers. Revises provisions for discretionary grants and contracts for personnel training, to provide for: (1) addressing needs for rehabilitation technology services; (2) specific training for personnel to deliver services, through supported employment programs, to individuals with the most severe disabilities; (3) recipients submitting detailed descriptions of strategies to be used to recruit and train minority group members and individuals with disabilities; (4) the Commissioner to furnish training services provided under the Act, as well as training regarding the applicability of specified access provisions of the Act and the Americans with Disabilities Act of 1990); (5) targeting funds to areas of personnel shortage; (6) allowable personnel training in various rehabilitation fields and services; and (7) revision of individual employment requirements as an alternative to individual repayment of scholarships for such rehabilitation personnel training. Revises provisions for grants for training interpreters for individuals who are deaf to include training for interpreters for individuals who are deaf-blind. Revises provisions for compensation of experts and consultants. Extends through FY 1997 the authorization of appropriations in necessary amounts for personnel training grants and contracts. Reserves at least 20 percent of such funds for allocation to designated State agencies for projects for inservice training of rehabilitation personnel (including projects for recruitment and retention, succession planning, leadership development and capacity building, and training on amendments made by this Act). Allows such reservation to be less than 20 percent if it would result in a lower level of funding for projects being carried out on the date of enactment of this Act by other recipients of such funds. Establishes a program of special training initiatives, including: (1) grants and contracts for rehabilitation training projects for rehabilitation personnel, impartial hearing officers, and individuals with disabilities and their families or representatives; (2) grants for training and information for individuals with disabilities and their families or representatives. Authorizes appropriations for FY 1993 through 1997 for such special training initiatives. Revises (and renames) provisions for community rehabilitation programs for individuals with disabilities. Extends through FY 1997 the authorization of appropriations for grants and contracts for such programs. Includes specified types of training and services under the vocational rehabilitation services offered by such programs. Authorizes the Commissioner to make additional grants to assist various entities in meeting costs of planning, services, and initial staffing of such programs. Provides that loan guarantees for facilities for community rehabilitation programs may be given only under special circumstances. Extends through FY 1997 the authorization of appropriations for comprehensive rehabilitation centers. Revises general grant and contract requirements under title III of the Act. Extends through FY 1997 the authorization of appropriations for title III part B special projects and supplementary services. Eliminates provisions for renovating and constructing facilities under special demonstration programs provisions. Establishes a program of discretionary grants by the Commissioner to various entities to increase client choice in the rehabilitation process, including the choice of providers of vocational rehabilitation services. (Replaces specified requirements relating to assisted special demonstration projects which provide services to individuals with spinal cord injuries.) Revises provisions for special projects and demonstrations providing supported employment. Extends through FY 1997 the authorization of appropriations for discretionary grants for such projects and demonstrations. Revises provisions for model statewide transitional planning services. Extends through FY 1997 the authorization of appropriations for discretionary grants for such services. Establishes programs of discretionary grants by the Commissioner to various entities for special and demonstration projects: (1) providing appropriate incentives to vocational rehabilitation counselors to achieve high quality placements for individuals with severe disabilities; (2) supporting models for a variety of community-based, coordinated services to help the transition of individuals with disabilities from rehabilitation hospital, nursing home, or comparable programs to programs providing independent living services in the community; and (3) relating to management and service delivery systems of vocational rehabilitation programs under the Act (or studying such systems). Revises provisions for discretionary grants for special or demonstration projects for vocational rehabilitation services for individuals with disabilities who are migratory or seasonal farmworkers (and their families). Allows such grants to be made to nonprofit agencies working in collaboration with the designated State agency (as well as to such State agency and local agencies). Extends through FY 1997 the authorization of appropriations for such migratory workers program. Revises provisions for special recreational programs. Includes vocational skills development under authorized activities of such programs. Sets a maximum grant period of three years. Allows renewal of a grant if the Commissioner determines that the recipient will continue to develop model or innovative programs of exceptional merit or will contribute substantially to developing or improving special recreational programs in other locations. Sets forth requirements for applications and maintenance of service levels. Sets the Federal share at 90, 75, and 50 percent, respectively, in the first, second, and third years. Extends through FY 1997 the authorization of appropriations for mandatory grants by the Commissioner for special recreational programs. Establishes a program of discretionary grants by the Commissioner to designated State units to provide independent living services and related services to assist older individuals who are blind to adjust to blindness by becoming more able to care for individual needs. Allow recipient State agencies to make subgrants to other entities. Authorizes appropriations for FY 1993 through 1997 for such grants program for independent living services for older individuals who are blind. Title IV: National Council on Disability - Revises provisions for the National Council on Disability (Council) (title IV of the Act). Directs the President to select Council members after soliciting recommendations from representatives of: (1) organizations representing a broad range of individuals with disabilities; and (2) organizations interested in individuals with disabilities. Requires Council members to: (1) be individuals with disabilities; or (2) have substantial knowledge or experience relating to disability policy or programs. Requires that a majority of Council members be individuals with disabilities, or parents or guardians of such individuals. Sets forth as revised Council's purpose the promotion of policies, programs, practices, and procedures to: (1) guarantee equal opportunity for all individuals with disabilities, regardless of nature or severity; and (2) empower such individuals to achieve economic self-sufficiency, independent living, and inclusion and integration into all aspects of society. Provides for three-year terms, with no member to serve more than two consecutive full terms. Changes the Council's duties regarding the National Institute on Disability and Rehabilitation Research (the Institute) from establishing general policies for it and reviewing its operation to advising its Director on its policies and administration, including suggesting ways of improving its research and collection and dissemination of research findings. Revises other duties. Adds to Council duties continuing review and evaluation of new and emerging disability policy issues affecting individuals with disabilities at the Federal, State, and local levels and in the private sector, including specified issues and policies. Requires the Council to prepare and submit to the President and appropriate congressional committees a progress report on national disability policy by October 30, 1993, and annually thereafter. Requires the Council to seek public input, particularly that of individuals with disabilities, organizations representing a broad range of such individuals, and organizations interested in such individuals. Requires, by 1995, that one such report include information and analysis on State and Federal implementation of the amendments made by this Act. Revises provisions for compensation of council members and staff. Extends through FY 1997 the authorization of appropriations for the Council. Title V: Access - Revises and renames title V of the Act as Access (currently Miscellaneous Provisions). Repeals specified provisions relating to the effect on existing law and other matters. Revises provisions relating to employment of individuals with disabilities at the Federal level. Provides for use of the same standards as those under specified provisions of the Americans with Disabilities Act of 1990 in determining whether these provisions of the Act have been violated in a complaint alleging nonaffirmative action employment discrimination. Refers to the Architectural and Transportation Barriers Compliance Board as the Access Board. Includes the Department of Commerce among the agencies represented on such Board and increases the number of Board members by one. Revises provisions for terms of office. Revises provisions for Board functions, investigations, hearings, interagency agreements, reports, and assessments. Extends through FY 1997 the authorization of appropriations for such Access Board. Revises requirements for employment of individuals with disabilities under Federal contracts. Increases to $10,000 (from $2,500) the minimum contract amount which triggers such requirements. Authorizes the Secretary of Labor to waive such requirements under specified conditions. Provides for use of the same standards those under specified provisions of the Americans with Disabilities Act of 1990 in determining violations of such requirements in complaints alleging nonaffirmative action employment discrimination. Requires development of procedures to ensure nonduplication of effort and consistent standards with respect to complaints filed under these requirements of the Act and under the Americans with Disabilities Act of 1990. Revises provisions for nondiscrimination under Federal grants and programs to require the same standards as under the Americans with Disabilities Act of 1990. Revises provisions for electronic and information technology accessibility guidelines. Title VI: Employment Opportunities for Individuals with Disabilities - Revises provisions for employment opportunities for individuals with disabilities (title VI of the Act). Extends through FY 1997 the authorization of appropriations for part A community service employment pilot programs for individuals with disabilities. Revises part A to make conforming language changes. Revises part B provisions for projects with industry and business opportunities for individuals with disabilities. Makes conforming language changes. Revises part B program purposes and project requirements. Revises provisions for types of entities which may be grant recipients and for eligibility of individuals for services from such recipients based on State agency determinations. Includes under annual reporting requirements information on number of project participants who were terminated from project placements and the duration of those placements. Authorizes the Commissioner to include, as part of program agreements, authority for grant recipients to provide technical assistance for: (1) employers in hiring individuals with disabilities or meeting requirements of the Americans with Disabilities Act of 1990 relating to such employment; or (2) improving or developing relationships between current or prospective grant recipients and employers or organized labor. Revises part C of title VI, Supported Employment Services for Individuals with Severe Disabilities. Authorizes allotments, in addition to title I grants for vocational rehabilitation services, to assist States in developing collaborative programs with appropriate entities to provide supported employment services for those individuals with the most severe disabilities who require such services to enter or retain competitive employment. Directs the Secretary to make such allotments based on relative State population, but provides for minimum allotments. Allows such funds to be used to provide supported employment services to eligible individuals under this part. Prohibits funds under this part, title I, or specified title III provisions from being used to provide extended services to individuals eligible under this part or title I. Sets forth part C requirements for individual eligibility, State plan supplements, restrictions, and savings provisions. Extends through FY 1997 the authorization of appropriations for such part C supported employment services for individuals with severe disabilities. Title VII: Centers for Independent Living and Independent Living Services - Revises title VII of the Act, Centers for Independent Living and Independent Living Services. Revises part A general provisions for program purpose and definitions. Provides for consumer control of centers for independent living. Revises requirements for State plans under title VII. Requires the plan to be jointly signed by the Director of the designated State unit and the chairperson of the Statewide Independent Living Council. Requires such plans to specify objectives and timelines for their achievement. Requires, under the State plan, that the State will provide independent living services to individuals with severe disabilities in accordance with an independent living plan mutually agreed upon by the individual and an appropriate staff member of the service provider, unless the individual signs a waiver stating that such a plan is unnecessary. Requires State plans to also include provisions relating to: (1) scope and arrangement of services; (2) statewide network of centers; (3) working relationships among the Statewide Council, the designated State unit, and other appropriate entities; (4) coordination of part B services with part C centers and of Federal and State funding; (5) outreach; (6) requirements for recipients of assistance; (7) evaluation; and (8) administrative costs. Requires that the Statewide Independent Living Council (which must be established in order for the State to receive title VII funds) not be an entity within another State agency. Revises provisions relating to such Council's appointment and its composition of required and optional members and their qualifications (a majority must be individuals with disabilities and not employed by any State agency or center for independent living). Revises Council functions and powers. Allows use of comparable councils. Sets forth title VII responsibilities of the Commissioner for: (1) approval of State plans; (2) development of minimum compliance indicators; (3) on-site compliance reviews; and (4) reports. Extends the authorization of appropriations for FY 1993 through 1997, for title VII: (1) part B, Independent Living Services; (2) part C, Centers for Independent Living; and (3) part D, Protection and Advocacy of Individual Rights. Sets forth part B provisions for independent living services. Requires allotments based on relative State population and minimum allotments. Sets the Federal share at 90 percent. Requires States to use part B funds to provide specified resources relating to the Statewide Council. Allows States to use part B funds for: (1) provision of independent living services; (2) demonstrations of ways to expand and improve such services; (3) support for operation of centers for independent living; (4) support for increasing other entities' capacity to develop comprehensive approaches or systems for providing such services; (5) studies, information-gathering, model policies and procedures, and recommendations to policymakers to enhance such services; (6) training individuals with disabilities, service providers, and others regarding independent living philosophy; and (7) outreach to unserved and underserved populations. Sets forth part C provisions for centers for independent living. Sets forth allotment requirements, including reservation of funds for grants for training and technical assistance, funding priorities, review of applications, and prohibition on combined funds. Provides for allotment based on relative State populations and minimum allotments. Sets forth transition rules. Provides that part C grants to centers for independent living shall be made by: (1) the Commissioner, directly, in States in which Federal funding exceeds State funding; and (2) the director of the designated State unit in States where State funding equals or exceeds Federal funding. Sets forth separate provisions, with respect to these two procedures for making grants, for awards to eligible agencies, existing eligible agencies, new centers, current centers, order of priorities, review, and enforcement by the Commissioner or the director of the designated State unit (and on-site compliance reviews and adverse actions by that director). Requires such assisted centers for independent living to comply with specified standards relating to philosophy, provision of services, goals, community options, independent living core services, activities to increase community capacity, and resource development activities. Requires eligible agencies to provide specified assurances to the Commissioner. Defines eligible agency as a consumer-controlled, community-based, cross-disability, nonresidential private nonprofit agency. Sets forth alternative provisions for centers operated by State agencies, if there is no approved application by a nonprofit private agency. Sets forth transition provisions. Sets forth part D provisions for protection and advocacy of individual rights. Revises program purpose, authorization, and allotments. Reserves funds for technical assistance. Requires that a system, to be eligible for assistance under this part, to be a protection and advocacy system established under specified provisions of the Developmental Disabilities Assistance and Bill of Rights Act and to meet specified requirements under this Act for: (1) annual statements of objectives, priorities, and coordination; (2) client grievance procedures that assure full access for individuals with disabilities; and (3) assurances of supplementation of non-Federal funds. Provides for direct funding by the Secretary of allotments to systems under this part C, unless the system designates another entity to receive payment. Authorizes the Secretary to delegate administration of this part C program to the Commissioner of the Administration on Developmental Disabilities within the Department of Health and Human Services. Title VIII: Amendments to Other Acts - Subtitle A: Helen Keller National Center - Amends the Helen Keller National Center Act to revise and reauthorize various provisions of such Act. Extends through FY 1997 the authorization of appropriations for such Act. Includes under the definition of an individual who is deaf-blind one who is determined to be so through functional and performance assessment, even if no accurate measure of hearing and vision loss can be obtained due to cognitive or behavioral constraints. Authorizes the establishment of the Helen Keller Center Federal Endowment Fund. Sets forth reporting and other requirements. Authorizes appropriations for FY 1993 through 1997 for such Fund. Makes technical and conforming changes of language under such Act with respect to individuals who are deaf-blind. Subtitle B: Other Programs - Amends the Wagner-O'Day Act and the Small Business Act to make certain conforming changes of language with respect to people who are blind and severely disabled. Amends the Individuals with Disabilities Education Act (IDEA) to authorize the Secretary of Education, in making specified grants, to provide for training or retraining of regular education teachers who are involved in providing instruction to individuals who are deaf and are not certified as teachers of such individuals, in order to meet the communication needs of such individuals (such authority is transferred from the Rehabilitation Act of 1973). Directs the Secretary of Education to issue, within 90 days after enactment of this Act, a Notice of Inquiry concerning the definition of serious emotional disturbance as used in IDEA. Sets forth requirements for: (1) a public comment period; (2) inclusion of a proposed definition in such notice; and (3) a report containing a summary of public comments, and recommendations for an amendment to IDEA with respect to such definition. Amends the Technology-Related Assistance for Individuals with Disabilities Act of 1988 to make certain changes in language with respect to public or private agencies and organizations, including institutions of higher education. Amends a specified Joint Resolution with respect to the President's Committee on National Employ the Physically Handicapped Week (now National Disability Employment Awareness Month) to change references to handicapped persons to persons with disabilities. Extends certain provisions under such Joint Resolution.
Bill· HRH.R. 5690 (102nd)referred
United States · United States Congress · 24 July 1992
Health Care Cost Containment and Expanded Medicare Benefits Act of 1992 - Title I: Health Care Cost Containment Provisions - Amends the Internal Revenue Code to provide for full deductibility of health insurance costs for self-employed individuals, and to make such deduction permanent. Establishes the National Health Care Commission within the Department of Health and Human Services (HHS). Requires the Commission to review annually the paperwork requirements and provider service requirements imposed under health benefit plans to determine whether such requirements are necessary. Requires the Commission to report annually to the President and the Congress on national health care costs and on such review. Authorizes appropriations. Directs the Secretary of HHS to develop: (1) uniform forms for use in submitting claims under group health plans and the Medicare and Medicaid programs under titles XVIII and XIX respectively of the Social Security Act; and (2) standards for uniform reporting by health care services providers of information on the types, amounts, and costs of health services provided. Title II: Medicare Prevention Benefits - Amends the Medicare program to provide for coverage of: (1) certain immunizations; and (2) well-child services. Authorizes demonstration projects to provide for coverage of other preventive services. Authorizes appropriations. Requires an Office of Technology Assessment: (1) study to develop a process for the regular review of Medicare coverage of preventive services; and (2) report to specified congressional committees on the results. Title III: Improvements In Health Insurance For Small Employers - Subtitle A: Standards and Requirements of Small Employer Health Insurance Reform - Amends the Social Security Act to add a new title XXI, Standards For Small Employer Health Insurance and Certification of Managed Care Plans. Requires insurers that offer health insurance plans to small employers to offer only those plans which meet certain standards that incorporate specified requirements respecting: (1) registration with applicable State authorities; (2) guaranteed eligibility, availability, and renewability; (3) coverage conditions; (4) premium rates; and (5) benefit packages. Subtitle B: Tax Penalty on Noncomplying Insurers - Amends the Internal Revenue Code to impose an excise tax on insurers that issue small employer health insurance plans which do not comply with such standards. Sets the amount of such tax. Subtitle C: Studies and Reports - Requires a General Accounting Office study and report to the Congress on rating requirements and benefit packages for small group health insurance.
Bill· HRH.R. 5694 (102nd)open
United States · United States Congress · 24 July 1992
Land and Water Conservation Fund Equity Act of 1992 - Amends the Conservation Fund Act of 1965 to require the submission with the annual budget of the United States a comprehensive statement of the estimated requirements during the ensuing fiscal year for appropriation from the Fund for land acquisition by eligible Federal agencies and by States and local governments. Requires 50 percent of such requirements to be designated for Federal purposes. Sets forth requirements with respect to allocations from the Fund for State purposes, including provisions for: (1) treatment of all Indian tribes and Alaska Native Village Corporations as one State for which funds shall be apportioned accordingly; and (2) State matching requirements for multipurpose acquisitions. Requires each statewide outdoor recreation plan for FY 1995 and each year thereafter to include: (1) an assessment of the impact requested projects will have on open space areas in the region for all metropolitan areas in excess of 100,000 people; and (2) a plan for maximizing use of National Park Service technical assistance available to the State for developing such regional open space assessment and for determining the needs and priorities for projects qualified for assistance under this Act. Sets forth requirements regarding maintenance of expenditures by State and Federal grant recipients.
Bill· SS. 3026 (102nd)open
United States · United States Congress · 23 July 1992
Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1993 - Title I: Department of Justice and Related Agencies - Department of Justice and Related Agencies Appropriations Act, 1993 - Makes FY 1993 appropriations to the Department of Justice for: (1) Office of Justice programs; (2) general administration, including the Office of Inspector General, and the Quantico Training Center, the Executive Office for Weed and Seed; (3) the United States Parole Commission; (4) legal activities; (5) radiation exposure compensation; (6) interagency law enforcement; (7) the Federal Bureau of Investigation (FBI); (8) the Drug Enforcement Administration (DEA); (9) the Immigration and Naturalization Service; and (10) the Federal Prison System. Authorizes the Federal Prison Industries, Incorporated, to make expenditures within the limits of funds and borrowing authority available to carry out its program. Limits the administrative expenses of such corporation. Continues certain authorities for FBI and DEA undercover investigative operations. Prohibits the use of funds to pay for an abortion, except where the life of the mother would be endangered if the fetus were carried to term or in the case of rape. Prohibits the use of funds to require any person to perform, or facilitate the performance of, any abortion. Prohibits the payment of a fact-witness fee to a person who is incarcerated. Requires the Attorney General to report to the Congress on a study of the effect of amending the Financial Right to Privacy Act to allow nondepository licensed transmitters of duns to be reimbursed to the same extent as financial institutions under that Act. Provides for the transfer of funds among Department of Justice appropriations. Requires the Attorney General to collect fees (up to the cost of one year of incarceration) to cover the cost of confinement from persons committed to his custody upon conviction in the U.S. District Courts. Amends the Immigration and Nationality Act of 1952 to establish a separate account to be known as the Breached Bond/Detention Fund to refund expenses incurred in the collection of breached bonds and for expenses associated with the detention of illegal aliens. Provides funding for such account. Provides for the processing of application for naturalization, including the necessary interviews, and oaths of allegiance to be conducted in the Philippines by employees of the Immigration and Naturalization Service. Makes appropriations for the following related agencies for FY 1993: (1) the Commission on Civil Rights; (2) the Equal Employment Opportunity Commission; (3) the Federal Communications Commission; (4) the Federal Maritime Commission; (5) the Federal Trade Commission; (6) the Securities and Exchange Commission; and (7) the State Justice Institute. Title II: Department of Commerce - Department of Commerce Appropriations Act, 1993 - Makes FY 1993 appropriations to the Department of Commerce for: (1) the National Institute of Standards and Technology; (2) the National Oceanic and Atmospheric Administration; (3) general administration, including the Office of Inspector General; (4) the Bureau of the Census; (5) economic and statistical analysis; (6) the International Trade Administration; (7) export administration; (8) the Minority Business Development Agency; (9) the United States Travel and Tourism Administration; (10) the Patent and Trademark Office; (11) the Technology Administration; (12) the establishment of a National Technical Information Service Revolving Fund; (13) the National Telecommunications and Information Administration; and (14) the Economic Development Administration. Prohibits the use of funds under this Act to support the hurricane reconnaissance aircraft and activities that are under the control of the United States Air Force or the United States Air Force Reserve. Prohibits the use of funds to reimburse the Unemployment Trust Fund or any other account of the Treasury to pay unemployment compensation for temporary census workers for services performed after April 20, 1990. Provides for the transfer of funds among Department of Commerce appropriations. Authorizes the Under Secretary of Oceans and Atmosphere to construct a building on land to be leased from the University of Southwestern Louisiana. Title III: The Judiciary - Judiciary Appropriations Act, 1993 - Appropriates FY 1993 funds for activities of the Judiciary, including: (1) the Supreme Court; (2) the U.S. Court of Appeals for the Federal Circuit; (3) the U.S. Court of International Trade; (4) the Court of Appeals, district courts, and judicial services; (5) the Administrative Office of the United States Courts; (6) the Federal Judicial Center; (7) the National Commission on Judicial Discipline and Removal; and (8) the U.S. Sentencing Commission. Makes funds available for the Temporary Emergency Court of Appeals and the Special Court established under the Regional Rail Reorganization Act of 1973. Provides for the transfer of funds among Judiciary appropriations. Limits the amount available to the district courts, courts of appeals, and other judicial services for official reception and representation expenses. Title IV: Related Agencies - Appropriates FY 1993 funds for: (1) the Maritime Administration of the Department of Transportation; (2) the Christopher Columbus Quincentenary Jubilee Commission; (3) the Commission on Agricultural Workers; (4) the Commission on Security and Cooperation in Europe; (5) the Competitiveness Policy Council; (6) the Marine Mammal Commission; (7) the Martin Luther King, Jr. Federal Holiday Commission; (8) the Office of the United States Trade Representative; (9) the Legal Services Corporation; and (10) the Small Business Administration. Title V: Department of State and Related Agencies - Department of State and Related Agencies Appropriations Act, 1993 - Appropriates FY 1993 funds for: (1) the Department of State for the administration of foreign affairs; (2) the Arms Control and Disarmament Agency; (3) the Board for International Broadcasting; (4) the Commission for the Preservation of America's Heritage Abroad; (5) the International Trade Commission; (6) the Japan-United States Friendship Commission; (7) the United States Information Agency (USIA); (8) the Eisenhower Exchange Fellowship Program; and (9) the Israeli Arab Scholarship Program. Provides for the transfer of funds among Department of State appropriations. Prohibits the use of funds for contracts with any foreign or U.S. firm that complies with the Arab League Boycott of the State of Israel or with any foreign or U.S. firm that discriminates in the award of subcontracts on the basis of religion. Amends the Foreign Relations Authorization Act, Fiscal Years 1992 and 1993 to repeal provisions regarding U.S.-Soviet reciprocity concerning occupancy of the new Soviet chancery building in the District of Columbia. Title VI: General Provisions - Sets forth limitations and prohibitions on the use of funds appropriated by this Act. Requires FY 1993 pay raises to be absorbed within the levels appropriated in this Act. Applies the bribery statute to the United States Trade Representative for the five years after termination of such service. Prohibits the use of funds by the Department of State and related agencies to carry out administrative service provisions under the State Department Basic Authorities Act of 1956. Establishes a pilot immigration program involving a regional center in the United States for the promotion of economic growth. Provides for the distribution of grant funds made available to the Legal Service Corporation. Prohibits the Federal Communications Commission from developing, issuing, implementing, or enforcing a rule or order affecting the use of certain frequencies by qualified private fixed microwave entities in a certain proceeding, unless the Commission meets specified requirements. Requires the Secretary of Commerce to report to specified congressional committees on the feasibility of allowing frequencies reserved for use by the Federal Government to be used by emerging telecommunications technology entities, or by any qualified private fixed microwave entity now operating on certain frequencies.
Bill· SS. 3047 (102nd)referred
United States · United States Congress · 23 July 1992
Title I: Amendments To The Merchant Marine Act, 1936 - Maritime Reform Act of 1992 - Amends the Merchant Marine Act, 1936 to direct the Secretary of Transportation to encourage the establishment of a fleet of active, militarily useful, vessels to meet Department of Defense and other security requirements, while also maintaining an American presence in international commercial shipping, to be known as the Contingency Retainer Fleet, to consist of up to 74 privately owned, U.S.-flag vessels for which there are in effect operating agreements under this Act. Prohibits excluding a vessel from the Fleet solely because it was not constructed in the United States. Deems a vessel to have been U.S.-built for purposes of provisions of the Act relating to: (1) transportation in American vessels of Government personnel and certain cargoes; and (2) shipment requirements for certain exports sponsored by the Department of Agriculture. Sets forth requirements for the operating agreement, including that: (1) the vessel be operated in the foreign trade; (2) the agreement require payments to the vessel owner or operator of specified amounts each year, starting at $2.5 million per vessel in fiscal year 1994 and decreasing gradually to $1.6 million in fiscal year 2000 (authorizes appropriations); (3) no payment may be for a vessel that is subject to an operating-differential subsidy; and (4) when deemed necessary by the Secretary of Defense, either the vessel will be made available or vessel space will be provided on a guaranteed basis. Allows vessels included in an operating-differential subsidy (ODS) contract to be offered for inclusion in the Fleet. Prohibits, subject to exception, vessels over 24 years old from being included in the Fleet. Prohibits new or renewed ODS contracts after enactment of this Act, but allows current contracts to continue. Excludes liquid or dry bulk cargo carrying vessels receiving ODSs from the application of provisions limiting construction-differential subsidy (CDS) vessels to operating in foreign trade. Declares that any vessel constructed with a CDS and not included in the Fleet is not required to remain U.S.-documented so long as there remains no debt to the United States under ODS provisions. Excludes deposits to a construction reserve fund after enactment of this Act from provisions relating to the recognition of gain for taxation where the proceeds of a sale or indeminity for loss are deposited in such a fund. Prohibits, after a specified date, orders allowing new ODS contracts for vessels over 25 years old. Modifies capital construction fund requirements. Prohibits a vessel constructed, reconstructed, or repaired in a foreign shipyard with subsidies adversely affecting shipyards in the United States from certain benefits under provisions relating to: (1) the Contingency Retainer Program; (2) the tax treatment of qualified withdrawals from capital construction fund mandated subaccounts; (3) immediate eligibility for the carriage of cargo preference goods; and (4) reduction in ad valorem duty on certain repairs. Deems fulfilled certain provisions of Federal law requiring the use of U.S.-flag vessels if the actual ocean transportation (meeting specified requirements) consists of transportation by a combination of U.S.- and foreign-flag vessels. Requires that the use of foreign-flag vessels be as authorized by the Secretary of Transportation. Deems, after enactment of this Act, bulk cargo vessels constructed after enactment and liners vessels to have been U.S.-build for purposes of provisions relating to cargo preference. Specifies the effective date of this paragraph. Entitles merchant mariners employed in connection with a vessel used by the United States for a national emergency or maritime mobilization to the same reemployment rights and other benefits as provided (by Federal law relating to veterans' reemployment rights) for an armed forces reserve member called to active duty. Amends the Oil Pollution Act of 1990 to modify the dollar limits above which amounts in the Oil Spill Liability Trust Fund are available only as provided in appropriations Acts. Title II: Internal Revenue Code and Tariff Act Amendments - Capital Construction Fund Amendments of 1992 - Amends the Internal Revenue Code to provide for the tax treatment of capital construction funds, including concerning: (1) the ceiling on deposits to such funds; (2) limits on deposits by lessees; (3) nontaxability of fund deposits; (4) the treatment of fund earnings as fund deposits; (5) establishment of fund accounts; (6) qualified and nonqualified withdrawals; (7) adjustments to basis; and (8) alternate minimum taxable income. Taxes earnings from the investment and reinvestment of amounts in a fund at the highest individual, corporate, or capital gains tax rate. Amends the Tariff Act of 1930 to reduce the ad valorem duty on equipment or repairs made in a foreign country on U.S.-documented vessels. Repeals, on a specified date, provisions imposing the duty.
Bill· SS. 3027 (102nd)referred
United States · United States Congress · 23 July 1992
Working Families Tax Relief Act - Amends the Internal Revenue Code to provide an inflation adjustment for the dollar limitations on the tax credit for expenses for household and dependent care services necessary for gainful employment (the dependent care credit). Bases such cost-of-living adjustment on the consumer price index for calendar year 1991 instead of calendar year 1989.
Bill· SS. 3019 (102nd)referred
United States · United States Congress · 23 July 1992
Trade Expansion and Enforcement Act of 1992 - Title I: Market Access Provisions - Subtitle A: Enforcement of United States Rights Under Trade Agreements and Response to Certain Foreign Trade Practices - Amends the Trade Act of 1974 to extend through calendar year 1997 the requirement that the United States Trade Representative (USTR) identify U.S. trade liberalization priorities. Amends the Trade Act of 1974 to authorize any interested person to request the USTR to review to determine whether a foreign country is in material compliance with the terms of a trade agreement. (Defines an "interested person" as any person with a significant economic interest that is being or has been adversely affected by a foreign country's failure to comply materially with terms of a trade agreements.) Requires the USTR to determine what action to take if a foreign country is found not in material compliance with such agreement. Directs the USTR to initiate an investigation of all acts, policies, and practices of Japan, Korea, and Taiwan that affect the access of U.S. rice to their markets. Requires the USTR to negotiate the elimination of such acts, policies, and practices, and report to the Congress on the progress of such negotiations. Requires the USTR, if he determines that a certain act, policy, or practice of a foreign country does not currently burden or restrict U.S. commerce but is likely to if such country either continues to apply, or implement an unexecuted aspect of, such act, policy, or practice, to request consultations with the country to prevent circumstances that may lead to renewed allegations that such act, policy, or practice burdens or restricts U.S. commerce. Provides for expediting such consultations. Requires the USTR to report annually to the Congress on a foreign country's response or progress made with respect to such consultation. Requires the USTR to identify those foreign countries that deny adequate substantive standards for intellectual property rights protection. Requires the USTR, if he determines that a foreign country is priority country and that its denial of adequate protection of intellectual property rights is an act, policy, or practice that is unreasonable and burdens or restricts U.S. commerce, to identify each reciprocal product that is manufactured by such country and is related to such denial. Requires the Secretary of the Treasury to: (1) deny entry to each reciprocal product, with specified exceptions; and (2) destroy such product unless it is exported from the United States. Subtitle B: International Trade in Motor Vehicles and Motor Vehicle Parts - Directs the USTR to initiate an investigation of all acts, policies, and practices of Japan that affect the access of U.S. motor vehicles and motor vehicle parts to its market, including but not limited to: (1) acts, policies, and practices utilized in the Japanese automotive distribution system; (2) toleration of anticompetitive activities by private Japanese firms (including "Keiretsu"); (3) exclusionary business practices; and (4) testing requirements and other government regulations. Requires the USTR to negotiate with Japan for a comprehensive trade agreement affecting the automotive sector, or, if appropriate, two or more trade agreements that: (1) eliminate or modify such acts, policies, and practices; (2) provide enforcement of Japan's commitments under the Structural Impediments Initiative, the Market-Oriented Sector Specific agreements, and the Action Plan announced at the Tokyo Summit in January 1992 with respect to trade in, and purchase of, motor vehicles and motor vehicle parts; (3) establish long term goals for the purchase by Japanese motor vehicle manufacturers of high value-added motor vehicle parts and accessories from U.S. manufacturers; (4) establish procedures for the exchange of information between the United States and Japan that will permit the accurate assessment of the bilateral trade in motor vehicle parts; and (5) offset any detrimental impact of the European Community-Japan Automobile Agreement on the U.S. motor vehicle industry. Requires specified reports. Requires the President to direct the appropriate Federal agency to monitor implementation of the commitments in the Action Plan to achieve fair trade in motor vehicles and motor vehicle parts. Amends the Fair Trade in Auto Parts Act of 1988 to extend through December 31, 1998, the authority of the Secretary of Commerce to increase the sale of U.S.-made auto parts and accessories to Japanese markets. Requires the Board established by the Foreign-Trade Zones Act to: (1) review the operations of U.S. and foreign motor vehicle and motor vehicle parts producers to determine any positive economic effect on the United States of such Act; and (2) take appropriate action, including revocation or modification of a foreign-trade zone or subzone grant, with respect to any producer whose operations in such zone are determined not to have a net positive effect on the U.S. economy. Title II: Customs Modernization - Customs Modernization and Informed Compliance Act - Subtitle A: Improvements in Customs Enforcement - Amends the Tariff Act of 1980 to revise customs procedures with respect to: (1) electronic transmission of forged, altered, or false data to the United States Customs Service with regard to the entry of imported merchandise; (2) penalties for failure to declare imported controlled substances; (3) examination and detention of imported merchandise; (4) certain recordkeeping requirements; (5) examination of books and witnesses; (6) review of protests by the Customs Service; (7) a repeal of a provision relating to the reliquidation on account of fraud; (8) penalties relating to manifests, false drawback or refund claims, and for fraud, gross negligence, and negligence; (9) unlawful unloading or transshipment; (10) public access to Customs Service interpretative rulings and decisions; and (11) seizure of imported merchandise. Creates a private right of action for customs fraud. Authorizes injunctive and other equitable relief and recovery of damages and costs, including attorney's fees. Grants the district courts original jurisdiction over any such action. Directs the court to permit the United States to intervene in any such action as a matter of right. Specifies that court orders under this Act are subject to nullification by the President pursuant to presidential authority under the International Emergency Economic Powers Act. Expresses the sense of the Congress that the provisions of this Act are consistent with, and in accord with, the General Agreement on Tariffs and Trade. Subtitle B: National Customs Automation Program - Directs the Secretary of the Treasury (Secretary) to establish the National Customs Automation Program which shall be an automated and electronic system for the processing of commercial imports. Provides for electronic data transmission relating to: (1) remote location filing; (2) effective date of rates of duty on imported merchandise; (3) merchandise manifests; (4) imported merchandise invoices; (5) entry and release of imported merchandise; (6) admissibility in administrative and judicial proceedings of electronically transmitted information; (7) appraisement and liquidations of imported merchandise; (8) the payment of duties; (9) abandonment and damage to imported merchandise; (10) protests of Customs Service decisions; (11) refunds and errors; (12) bonds and other security; and (13) customs house brokers. Requires a refund (drawback) of duties (less one per cent of such duties) on articles produced in the United States with imported merchandise that have been destroyed under Customs Service supervision, provided such articles have not been used prior to such destruction. Sets forth provisions with respect to customs officer's immunity in regard to the appraisement of or collection of duties on imported merchandise. Title III: Customs and Trade Agency Authorizations for Fiscal Years 1993 and 1994 - Amends the Tariff Act of 1930 to authorize appropriations to the United States International Trade Commission (ITC) for FY 1993 and 1994. Earmarks a specified amount for reception and entertainment expenses. Prohibits use of such funds for any special study, investigation, or report requested by an agency of the executive branch unless such agency reimburses the ITC for its costs. Amends the Customs Procedural Reform and Simplification Act of 1978 to authorize appropriations to the United States Customs Service for FY 1993 and 1994 for: (1) noncommercial operations; (2) commercial operations; and (3) the air interdiction program. Amends the Trade Act of 1974 to authorize appropriations to the Office of the United States Trade Representative for FY 1993 and 1994. Amends the Tariff Act of 1930 to authorize appropriations for FY 1993 and 1994 for certain expenditures from the Customs Forfeiture Fund relating to purchases by the Customs Service of evidence of smuggling of controlled substances. Amends the Trade Act of 1974 to eliminate the East-West Trade Statistics Monitoring System. Amends the Consolidated Omnibus Budget Reconciliation Act of 1985 to revise the formula for certain reimbursements and payments to be made to the Customs Service with respect to the processing of merchandise informally entered or released at a centralized hub facility. Repeals specified provisions regarding the work shifts of customs personnel at airports. Title IV: Other Trade Provisions - Subtitle A: Nontariff Provisions - Chapter 1: Miscellaneous Nontariff Provisions - Amends the Trade Act of 1974 to require the ITC, upon the filing of a petition, request of the President or the USTR, resolution of specified congressional committees, or its own motion, to investigate whether market disruption exists in a domestic industry with respect to imports of products from a country with a state-controlled economy. Authorizes the President, with respect to an affirmative determination of market disruption, to alter the form of relief recommended by the ITC if such alternative relief is equivalent to the one recommended. Requires the President to provide such relief unless it would seriously impair U.S. national security. Directs the Secretary of Agriculture to implement a program requiring that end-use certificates be included in the documentation covering the entry into, or the withdrawal from warehouse for consumption in, the customs territory of the United of any wheat or barley that is a product of a foreign country that requires end-use certificates for imports of U.S. wheat or barley. Directs the President to: (1) negotiate trade agreements that eliminate the adverse effects of anticompetitive practices on international trade; and (2) report to the Congress on the status of such negotiations. Amends the Omnibus Trade and Competitiveness Act of 1988 to require the Secretary of the Treasury, at the request of the Secretary of Commerce (current law authorizes the Secretary of Commerce to request the Secretary of the Treasury): (1) to take necessary action to ensure the attainment of the objectives of the machine tool decision of the President on May 20, 1986, and on December 27, 1991; and (2) to enforce any imported machine tool quantitative limitations, restrictions, or other terms contained in related bilateral arrangements. Requires the Secretary of the Treasury to enforce the quantitative limitations and other provisions of bilateral arrangements negotiated with Taiwan on December 31, 1991, pursuant to the President's machine tool decision of May 20, 1986, until bilateral agreements are negotiated with such countries pursuant to the President's December 27, 1991, decision. Expresses the sense of the Congress that any bilateral agreement negotiated with Taiwan pursuant to the President's December 27, 1991, decision be effective for two years from the date it is signed. Directs the ITC to report to the Congress proposals for consolidating and simplifying U.S. international trade laws. Requires the Director of the Congressional Research Service to make recommendations to the Congress about establishment of a special unit that would: (1) integrate the resources of the Service, the ITC, and other appropriate agencies; and (2) serve as a central and objective source of information for the Congress on data and trends in trade between the United States and foreign countries. Expresses the sense of the Congress that boycotts imposed by foreign countries against countries friendly to the United States or against any U.S. person are discriminatory barriers to international trade. Commends the USTR for including the Arab boycott in the 1992 National Trade Estimate Report on Foreign Barriers, but urges expansion of such report to: (1) include country-by-country analysis on the extent to which each government permits companies in its country to comply with the secondary Arab boycott of U.S. companies; (2) identify the activities of specific governments to enforce the boycott; and (3) discuss the differences in how countries blacklist companies and enforce the boycott. Chapter 2 - Import Sanctions to Control Nuclear Proliferation - Omnibus Nuclear Proliferation Control Act of 1992 - Requires the President to impose sanctions upon any foreign person that has materially and with requisite knowledge contributed, through the exports of goods or technology, to the efforts by any individual, group, or non-nuclear weapon state to acquire unsafeguarded special nuclear material or to use, develop, stockpile, or acquire any nuclear explosive device. Prohibits the importation into the United States of products produced by such foreign person or any parent, subsidiary, affiliate, or successor entity. Sets forth specified exceptions. Urges the President to initiate consultations with foreign governments with jurisdiction over such foreign persons with respect to the imposition of the sanctions. Requires the President to impose such sanctions unless he certifies to the Congress that a government has taken actions to terminate the involvement of a person in such activities. Applies sanctions for at least 12 months and terminates sanctions only if the President certifies to the Congress that a person has ceased to, and will not in the future, aid individuals or non-nuclear weapon states in efforts to acquire unsafeguarded special nuclear material or nuclear explosive devices. Permits the President to waive sanctions after the 12-month period if he certifies to the Congress that the continued imposition of sanctions would have a serious adverse effect on U.S. interests. Subtitle B: Foreign Subsidies and Countervailing and Antidumping Duty Amendments - Amends the Tariff Act of 1930 to require completion of reviews by the administering authority of the amount of duty with respect to countervailing and antidumping duty orders by the 270th day after the day on which a request for review was received. (Currently, there is no such deadline for completion of such a review.) Requires the ITC to consider contracts with long lead time as a factor when making material injury determinations with respect to an affected domestic industry in countervailing and antidumping duty investigations. Declares that the presence or absence of any factor the ITC is required to consider shall not give decisive guidance with respect to any threat of material injury determinations. Provides that, with respect to the determination of foreign market value of imported merchandise under investigation, no allowance shall be made to account for differences in input costs that are based on whether the end product made from the input is sold in the home market or exported. Requires the United States Customs Service to report annually to the administering authority on the amount of duties collected during each year under each countervailing and antidumping duty order. Requires the administering authority to make such data available to interested parties. Requires the administering authority, when determining whether imported parts or components are circumventing an antidumping or countervailing duty order or finding, and whether to include such parts or components in such order or finding, to consider: (1) the pattern of trade; (2) the value and sources of supply of parts or components historically used in completion or assembly of the merchandise subject to such order; (3) whether the manufacturer or exporter of such parts or components is related to the person who assembles or completes the merchandise sold in the United States from the parts or components produced in the foreign country with respect to which the order or finding applies; and (4) whether imports into the United States of the parts or components produced in such foreign country have increased after the issuance of such order or finding. Authorizes the administering authority to include within the scope of such order or finding imported parts or components that are used in the completion or assembly of certain merchandise sold in the United States and subject to such order or finding, provided: (1) such merchandise is completed or assembled in the United States from parts or components supplied by the exporter or producer with respect to which such order or finding applies, from suppliers that have historically supplied the parts or components to that exporter or producer, or from any party in the exporting country supplying parts or components on behalf of such exporter or producer; (2) the value of such imported parts and components is significant in relation to the total value of all parts and components used in the assembly or completion operation, excluding packing, of the imported merchandise covered by such order or finding; or (3) consideration of specified factors establishes a pattern of circumvention of a countervailing and antidumping duty order or finding. Enables the administering authority to base such a decision on any of such factors by itself, rather than on all of them together. Sets forth similar provisions for merchandise completed or assembled in other foreign countries. Directs the Secretary of Commerce and the ITC to study and report to the Congress on modification of standards applicable to the initiation of countervailing and antidumping duty actions in order to make petitioning for such initiations less costly and more accessible for domestic petitioners. Requires the USTR to report to the Congress on the operation of the Agreement Concerning the Application of the GATT Agreement on Trade in Civil Aircraft between the United States and the European Community. Expresses the sense of the Congress that the President should not enter into any international trade agreement on antidumping requiring changes in U.S. antidumping laws that would reduce the effectiveness of such laws as a remedy against injurious dumped imports. Urges the President to review antidumping provisions contained in the Draft Final Act Embodying the Results of the Uruguay Round of Multilateral Trade Negotiations dated December 21, 1991, and seek changes to strengthen the effectiveness of U.S. antidumping laws, including, but not limited to, changes in provisions dealing with cumulation of injury and dispute settlement. Expresses the sense of the Congress that the U.S. Government should not condone the use by foreign governments of trade distorting subsidies, including development subsidies, that cause material injury to U.S. industries. Requires the administering authority in antidumping proceedings involving merchandise from a nonmarket economy country to determine, if certain conditions exist, the foreign market value of such merchandise on the basis of the value of all factors of production in such country, if such information is available. Amends the Tariff Act of 1930 to revise factors used by the ITC for purposes of material injury determinations in antidumping and countervailing duty investigations. Requires the ITC, in determining whether a U.S. industry is threatened with material injury from imports, to consider, among other factors, the: (1) actual and potential decline in order backlog of the domestic industry; and (2) monthly and quarterly trend information through the month of the filing of the antidumping duty petition. Amends the Omnibus Trade and Competitiveness Act of 1988 (OTCA), with respect to principal trade negotiating objectives, to declare that dispute settlement mechanisms and procedures, with respect to review of countervailing duty and antidumping duty actions taken by a signatory to the General Agreement on Tariffs and Trade, shall not allow review of certain issues in certain procedural circumstances. Applies certain OTCA provisions only to antidumping and countervailing duty reviews initiated with respect to merchandise which: (1) is the product of a party-country to a free trade agreement entered into force and effect before January 1, 1987; and (2) was the subject of an investigation initiated on or after enactment of the United States - Israel Free Trade Agreement Implementation Act. Amends Federal law to revise the prohibition against the dumping of articles into the United States to prohibit a person from importing or selling within the United States articles manufactured in a foreign country if: (1) such articles are imported or sold at a U.S. price less than the foreign market value or constructed value of the article; and (2) the importation or sale causes or threatens material injury to U.S. industry or labor, or prevents, in whole or in part, the establishment or modernization of any U.S. industry. (Removes the requirement of a specific intent to do such harm.) Authorizes an interested party whose business or property is injured by such importation or sale to bring a civil action in U.S. District Court for the District of Columbia or in the Court of International Trade. Sets forth guidelines for such civil actions. Expresses the sense of the Congress that this is consistent with the General Agreement on Tariffs and Trade (GATT). Subtitle C: Extension of Steel Stabilization Act - Specialty Steel Voluntary Restraint Agreement Extension Act - Expresses the sense of the Congress that the President should extend the specialty steel voluntary restraint agreement program for three more years. Amends the Steel Import Stabilization Act to extend it through March 31, 1995, unless the President submits a specified affirmative determination to specified congressional committees.
Bill· SS. 3012 (102nd)referred
United States · United States Congress · 23 July 1992
Limits the maximum amount that may be expended by the Department of Defense for any fiscal year for the recruitment of individuals into the armed forces to a multiplier of $4,700 times the number of individuals successfully recruited. Authorizes the Secretary of Defense to adjust such multiplier annually for each fiscal year after 1993 by the percentage increase in the Consumer Price Index. Outlines recruitment expenses covered under such limitation, including salaries, allowances, office space, and expenses of recruitment personnel, advertising, and recruit processing costs. Makes such limitation inapplicable to the recruitment of cadets and midshipmen into the military service academies. Requires documents submitted annually to the Congress in support of the defense budget to include items of programs, projects, and activities conducted for recruitment purposes, the amount provided for each such item in the budget, and the estimated cost of recruiting each individual into the armed forces.
Law· HRH.R. 5677 (102nd)enacted
United States · United States Congress · 23 July 1992
Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act, 1993 - Title I: Department of Labor - Department of Labor Appropriations Act, 1993 - Makes appropriations for FY 1993 for the following agencies within the Department of Labor: (1) Employment and Training Administration; (2) Labor-Management Services; (3) Pension and Welfare Benefits Administration; (4) Pension Benefit Guaranty Corporation; (5) Employment Standards Administration; (6) Occupational Safety and Health Administration; (7) Mine Safety and Health Administration; (8) Bureau of Labor Statistics; and (9) Departmental Management. Prohibits the use of funds to grant variances, interim orders, or letters of clarification to employers which will allow exposure of workers to chemicals or other workplace hazards in excess of existing Occupational Safety and Health Administration standards for the purpose of conducting experiments on workers' health and safety. Authorizes the Secretary of Labor to accept, employ, or dispose of gifts on behalf of the Department. Title II: Department of Health and Human Services - Department of Health and Human Services Appropriations Act, 1993 - Makes appropriations for FY 1993 for the following agencies within the Department of Health and Human Services (HHS): (1) Health Resources and Services Administration; (2) Centers for Disease Control; (3) National Institutes of Health; (4) Alcohol, Drug Abuse, and Mental Health Administration; (5) Assistant Secretary for Health; (6) Agency for Health Care Policy and Research; (7) Health Care Financing Administration; (8) Social Security Administration; (9) Administration for Children and Families; (10) Administration on Aging; and (11) Office of the Secretary. Establishes the Health Care Financing Administration Survey and Certification Fund to finance the costs of carrying out Federal and State survey and certification activities. Prohibits the use of funds to perform abortions except where the life of the mother would be endangered if the fetus were carried to term. Directs the Secretary of Health and Human Services to make available through assignment not more than 60 employees of the Public Health service to assist in child survival activities and to work in AIDS programs through and with funds provided by the Agency for International Development, the United Nations International Children's Emergency Fund, or the World Health Organization. Prohibits the use of funds to pay for any experiment, or other activity that presents a danger to the physical, mental, or emotional well-being of a human participant or subject without the written, informed consent of the participant or subject (or their parents or legal guardian, if they are under 18 years old). Prohibits any of the funds appropriated in this title for the National Institutes of Health and the Alcohol, Drug Abuse, and Mental Health Administration from being used to pay the salary of an individual, through a grant or extramural mechanism, at a rate in excess of $125,000 per year. Prohibits the use of funds by the National Institutes of Health, or any other Federal agency, or recipient of Federal funds on any project that entails the capture or procurement of chimpanzees obtained from the wild. Authorizes the Secretary, when providing services or conducting activities for a State with respect to such program for which the Secretary is entitled to reimbursement by the State, to obtain such reimbursement as an offset against Federal payments to which the State would otherwise be entitled under such program from funds appropriated for the same or any subsequent fiscal year. Requires States and political subdivisions which accept funds or data from the HHS to report data on deaths and workers' compensation. Limits the amount to be obligated for contracts with Utilization and Quality Control Peer Review Organizations. Prohibits the use of funds to implement the model comprehensive program for the treatment of substance abuse in the national capital area. Title III: Department of Education - Department of Education Appropriations Act, 1993 - Makes appropriations for FY 1993 for the following purposes and agencies within the Department of Education: (1) compensatory education for the disadvantaged; (2) impact aid; (3) school improvement programs; (4) bilingual and immigrant education; (5) educational excellence; (6) rehabilitation services and handicapped research (including the Helen Keller National Center); (7) special institutions for the handicapped (including the American Printing House for the Blind, the National Technical Institute for the Deaf, and Gallaudet University); (8) vocational and adult education; (9) student financial assistance; (10) guaranteed student loans (liquidation of contract authority); (11) higher education; (12) Howard University; (13) higher education facilities loans; (14) college housing and academic facilities loans; (15) college housing loans; (16) education research, statistics, and improvement; (17) libraries; (18) departmental management; and (19) special education. Sets forth general provisions relating to auditing of certain institutions and to prohibitions on use of funds for certain forms of busing, other transportation, or transfers of students for purposes of desegregation. Prohibits the use of funds to prevent the implementation of programs of voluntary prayer and meditation in the public schools. Title IV: Related Agencies - Makes appropriations for FY 1993 for the following agencies: (1) ACTION; (2) Corporation for Public Broadcasting; (3) Federal Mediation and Conciliation Service; (4) Federal Mine Safety and Health Review Commission; (5) National Commission on Acquired Immune Deficiency Syndrome; (6) National Commission on Libraries and Information Science; (7) White House Conference on Library and Information Services; (8) National Commission on Responsibilities for Financing Postsecondary Education; (9) National Council on Disability; (10) National Labor Relations Board; (11) National Mediation Board; (12) Occupational Safety and Health Review Commission; (13) Physician Payment Review Commission; (14) Prospective Payment Assessment Commission; (15) Railroad Retirement Board; (16) Soldiers' and Airmen's Home; (17) United States Institute of Peace; and (18) United States Naval Home. Title V: General Provisions - Prohibits the use of funds to pay student assistance or any remuneration to an applicant for admission, student, teacher, or other employee of an institution of higher education if such individual has engaged in conduct on or after August 1, 1969, which involves the use of force (or assistance to others in such use) or the threat of force or the seizure of a property under the control of an institution of higher education, to require or prevent the availability of certain curricula, or to prevent such institution's faculty, administrative officials, or students from engaging in their duties or pursuing their studies. Prohibits the use of funds to carry out any program of distributing sterile needles for the hypodermic injection of any illegal drug unless the President certifies that such programs are effective in stopping the spread of HIV and do not encourage the use of illegal drugs.
Bill· HRH.R. 5674 (102nd)referred
United States · United States Congress · 23 July 1992
Title I: Tax Treatment of Certain Cargo Containers - Amends the Internal Revenue Code to provide for the treatment of qualified intermodal cargo containers for purposes of the investment tax credit. Title II: Other Provisions - Allows a small insurance company deduction of the tentative taxable income of certain companies involved with property or casualty insurance. Allows penalty-free withdrawals from annuity contracts to pay qualified higher education expenses of the taxpayer, the taxpayer's spouse, or a child or grandchild of such taxpayer. Excludes premiums paid under designated higher education expense annuities from treatment under gift tax provisions. Repeals the stock for debt exception in de minimis cases.
Bill· HRH.R. 5681 (102nd)referred
United States · United States Congress · 23 July 1992
Amends the Emergency Unemployment Compensation Act of 1991 (Public Law 102-164) to increase the number of weeks for which emergency unemployment compensation is payable. Amends the Internal Revenue Code to reduce a tax deduction for certain expenses for meals and entertainment.
Law· HRH.R. 5679 (102nd)enacted
United States · United States Congress · 23 July 1992
Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1993 - Title I: Department of Veterans Affairs - Makes appropriations for FY 1993 to the Department of Veterans Affairs (VA) for: (1) the Veterans Benefits Administration; (2) the Veterans Health Administration; and (3) departmental administration, including the Office of the Inspector General. Authorizes the transfer of funds among specified appropriations. Authorizes the use of appropriations to procure consultant services. Authorizes the use of certain appropriations to pay prior year accrued obligations for certain benefits. Requires the VA for FY 1993 to include resale losses in the net value calculation when determining whether to acquire the property or pay the claim under the guarantee in the veterans home loan guaranty program. Extends the applicability of copayment for medications to veterans who have a service-connected disability rated less than 50 percent for the treatment of any non-service-connected disability. Indexes copayment provisions for inflation and extends such provisions until September 30, 1993. Title II: Department of Housing and Urban Development - Makes appropriations for FY 1993 for the Department of Housing and Urban Development (HUD) for: (1) housing programs; (2) community planning and development; (3) research and technology; (4) fair housing activities; and (5) management and administration, including the Office of the Inspector General and personal services and travel of departmental headquarters. Limits the amounts of specified loan obligations, including guarantee commitments of the Government National Mortgage Association. Makes funds available for the renewal of expiring low-income subsidy contracts. Makes funds available for grants to public housing agencies for use in eliminating drug-related crime in public housing projects. Makes funds available for the low-income moderate rehabilitation program to be used to assist homeless individuals. Appropriates funds to Milton Residences for the Elderly, Inc., for development costs incurred in connection with the site for a HUD project. Allows the City of Springfield, Massachusetts, to retain any housing development grants awarded for use in connection with the Symphony Apartments housing development project, if before October 1, 1993, the City commences construction or substantial rehabilitation activities. Authorizes the Oklahoma Department of Commerce to use its community development grant funds to repay an economic development loan. Grants environmental clearance waivers to enable Youngstown, Ohio, to receive funding for three urban development action grant projects. Limits the number of career appointee positions in the Senior Executive Service in HUD. Cancels the indebtedness of the Sunbright Utility District in Morgan County, Tennessee, with respect to certain loans. Reallocates low-income housing funds previously authorized for Port Arthur, Texas, to include Rockwall and Galveston, Texas. Allows a public housing agency to restrict future admission to elderly housing projects. Requires such an agency to provide alternate housing opportunities to handicapped and disabled persons. Amends the National Housing Act and the Federal Deposit Insurance Act to increase the FHA mortgage loan limits. Title III: Independent Agencies - Makes appropriations for FY 1993 to the: (1) American Battle Monuments Commission; (2) Chemical Safety and Hazard Investigation Board; (3) Commission on National and Community Service; (4) Consumer Product Safety Commission; (5) Court of Veterans Appeals; (6) Department of Defense-Civil for cemeterial expenses, Army; (7) Environmental Protection Agency (EPA); (8) Executive Office of the President for the Council on Environmental Quality and the Office of Environmental Quality, the Office of Science and Technology Policy, and the Points of Light Foundation; (9) Federal Emergency Management Agency (FEMA); (10) General Services Administration for the Consumer Information Center; (11) Department of Health and Human Services for the Office of Consumer Affairs; (12) National Aeronautics and Space Administration (NASA); (13) National Credit Union Administration for the obligations of the Central Liquidity Facility; (14) National Science Foundation; (15) Neighborhood Reinvestment Corporation; and (16) Selective Service System. Requires the Administrator of EPA to ensure that a specified percentage of Federal funding for prime and subcontracts for wastewater treatment and leaking underground storage tanks grants, be made available to business concerns or other organizations owned or controlled by socially and economically disadvantaged individuals, including historically black colleges and universities. Sets forth limitations on average employment in EPA headquarters. Directs the Administrator to conduct a multi-media risk assessment study of radon consistent with the recommendations of the Science Advisory Board of EPA. Provides for the use of the EPA Toxic Chemical Release Inventory Form R in the implementation of the Pollution Prevention Act. Directs the Director of FEMA to promulgate through rulemaking a schedule of fees applicable to persons subject to FEMA's radiological Emergency Preparedness regulations. Allows FEMA to store, stockpile, or access surplus stocks of Meals, Ready-to-Eat (MREs) to provide assistance in situations of disaster or emergency. Authorizes FEMA to make such stocks available to the Interagency Council of the Homeless for domestic, civilian assistance. Prohibits FEMA from using funds to chauffeur employees. Limits the number of career appointee positions in such agency for FY 1993. Sets forth limitations on average employment in FEMA headquarters. Makes funds available to the Interagency Council on the Homeless as authorized under the Stewart B. McKinney Homeless Assistance Act. Requires NASA to establish user fees for its exercise facilities. Requires NASA to ensure that a specified percentage of Federal funding for prime and subcontracts for authorized programs, including the space station by the time operational status is obtained, be made available to business concerns or other organizations owned or controlled by socially and economically disadvantaged individuals, including historically black colleges and universities. Title IV: Corporations - Authorizes certain corporations and agencies of HUD to make commitments without regard to fiscal year limitations as necessary to carry out provisions under the Government Corporation Control Act. Allows any collections by such corporations and agencies to be used for new loan or mortgage purchase commitments to the extent provided under this Act, with specified exceptions. Makes funds available to the Federal Deposit Insurance Corporation (FDIC) for: (1) payment of expenditures of the Federal Savings and Loan Insurance Corporation (FSLIC) Resolution Fund; (2) the FDIC affordable housing program; and (3) minimum requirements and guidelines of the Bank Enterprise Act of 1991. Makes funds available for the Office of Inspector General of the Resolution Trust Corporation. Requires the President of the Resolution Trust Corporation to ensure that a specified percentage of Federal funding for prime and subcontracts for authorized programs be made available to business concerns or other organizations owned or controlled by socially and economically disadvantaged individuals, including historically black colleges and universities. Title V: General Provisions - Specifies certain uses, limitations, and prohibitions on uses of funds appropriated by this Act. Requires FY 1993 pay raises to be absorbed within the levels appropriated in this Act. Prohibits the use of funds by the Department of Veterans Affairs for any new lease of real property above a specified amount unless a report is submitted to the congressional Committees on Appropriations and a period of 30 days expires after submission of such report. Directs the Resolution Trust Corporation to report to the Congress at least once a month on its review of certain insolvent institution cases resolved by the FSLIC. Limits FY 1993 obligations for personnel compensation and benefits, travel, and other object classifications of expense for all headquarters' offices for the VA, HUD, EPA, FEMA, NASA, and the National Science Foundation. Permits the City of Walnut Creek, California, to conduct audits biennially.
Bill· HRH.R. 5676 (102nd)open
United States · United States Congress · 23 July 1992
Balanced Budget Enforcement Act of 1992 - Title I: Balancing the Budget - Part A: Purposes - Repeals provisions of the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) with respect to: (1) emergency powers to eliminate deficits in excess of the maximum deficit amount; (2) budgetary treatment of social security trust funds; and (3) miscellaneous and related provisions. Declares the purpose of this Act to balance the budget by FY 1998 and each year thereafter. Part B: The Deficit Elimination Act of 1992 - The Deficit Elimination Act of 1992 - Establishes deficit reduction targets for direct spending and receipts legislation for FY 1993 through 1998. Establishes discretionary funding limits in terms of new budget authority for FY 1994 through 1998. Requires, whenever appropriate, that adjustments to such limits be made to reflect: (1) changes in budget accounting concepts; (2) changes in inflation for each year and outyear (any of the four fiscal years that follow the budget year); (3) renewal/replacement multiyear subsidized housing contracts; (4) emergency requirements; (5) new limits for 1998 and thereafter; and (6) any law that raises excise taxes dedicated to a transportation trust fund. Provides that if at the start of the 1998 budget-year session the baseline assuming deficit reduction projects a deficit (or surplus) for that year, then the direct spending and receipts deficit reduction requirement for that year and the discretionary funding limit for that year shall each be changed by amounts that, when debt service effects are added, will produce a balanced budget. Requires these changes to be made through enactment of a spin-off law or, if a spin-off law is not enacted, an adjustment to the direct spending and receipts deficit reduction requirement by two-thirds of the required change (excluding debt service effects) and a one-third adjustment of the required change (excluding debt service effects) to the discretionary funding limit. Provides for preventing deficits starting with FY 1999. Provides for the enactment of a spin-off law through congressional budget procedures or other means to balance the budget in 1998 or prevent deficits after 1998. Establishes a scorecard for the recording of the estimated increase or decrease in deficit reduction for the current year, the budget year, and each fiscal year through 1998 due to enactment (after August 15, 1992) of any law, or the imposition of any sequestration, or the change in the baseline which relates to certain expiring provisions of law and to veterans' compensation, affecting the level of direct spending or the level of receipts. Requires the creation of a new scorecard for FY 1999 and thereafter for the estimated increase or decrease in the deficit or surplus for the budget year. Sets forth deficit reduction requirements for the scorecard. Provides for scoring any law that affects current-year direct spending or receipts. Divides the scorecard between changes in outlays for direct spending and changes in receipts. Excludes certain emergency legislation from the scorecard. Includes certain receipts resulting from an increase in an excise tax dedicated to a transportation fund. Establishes a scorecard for each fiscal year starting with 1994 for discretionary appropriations amounts due to: (1) the enactment of any law in the budget-year session; (2) the enactent of any law in any previous session of Congress; or (3) the imposition of any across-the-board reduction of discretionary programs. Sets forth the method of enforcing deficit reduction targets in direct spending programs through a targeted sequestration procedure. Requires enactment of a spin-off law to initiate such procedure. Establishes a comprehensive sequestration procedure if such spin-off bill is not enacted. Requires under such procedure a freeze of entitlement spending and some revenue provisions in the amount needed to meet deficit targets. Sets forth the method of sequestering discretionary programs through uniform across-the-board reductions, unless the excess of new budget authority is less than $250 million. Lists the budget accounts or activities exempted from sequestration. Authorizes the President to exempt some or all of the budgetary resources of any military personnel account from sequestration, pending notification of the Congress. Subjects Federal administrative expenses to sequestration orders, with specified exceptions. Provides for the permanent sequestration of direct spending and receipts and for determining applicable uniform percentages for reductions. Sets forth the method of making reductions for: (1) the non-JOBS and JOBS portion of the Aid to Families with Dependent Children Program (AFDC) under the Social Security Act; (2) the child support enforcement program; (3) the Commodity Credit Corporation; (4) the conservation reserve program; (5) extended unemployment compensation; (6) the Federal Employees Health Benefits Fund; (7) the Federal Housing Finance Board; (8) Federal pay; (9) the guaranteed student loan program; (10) Federal insurance program; (11) the Medicaid program; (12) the Medicare program; (13) the Postal Service Fund; (14) the Department of Energy power marketing administration funds or the Tennessee Valley Authority fund; (15) the uranium enrichment program; and (16) veterans' housing loans. Amends the Internal Revenue Code to establish the method of sequestration through tax changes. Requires an increase in the top marginal rates and modifies the indexing provision under a sequestration order. Imposes a tax surcharge on individuals and corporations. Sets forth the timetable for estimating assumptions and filing reports and orders by the President, the Office of Management and Budget (OMB), the Congressional Budget Office (CBO) and the Board of Estimates (established by this Act). Requires the making of sequestration reports, sequestration preview reports, and low-growth reports by CBO and OMB. Establishes the administrative procedures relative to such reports. Sets forth assumptions to be used in calculating the baseline for the budget year and each outyear with respect to direct spending and receipts and discretionary programs. Declares that a baseline assuming deficit reduction refers to a projection of current policy baseline surpluses or deficits into the budget year and the outlays that is adjusted in aggregate by: (1) assuming compliance with basic deficit reduction targets; (2) assuming compliance with the discretionary funding limits; and (3) excluding amounts resulting from legislation designated as an emergency requirement. Establishes as a deposit fund in the Treasury a Stabilization Reserve Fund to accumulate balances during years of comparative prosperity, which may later be used to cover the loss of receipts and the increase in outlays that occur during comparative economic distress. Requires annual surpluses to be paid into the Fund. Requires starting with FY 1999 that an additional $10 billion be paid to the Fund. Requires in each year starting with 2000 that an additional $20 billion be paid to such Fund. Prohibits Fund balances from receiving interest. Requires the enactment of a law to transfer balances to the General Fund of the Treasury. Establishes congressional procedures in the event of a low-growth report or a declaration of war. Establishes a Board of Estimates to choose the applicable sequestration report from OMB or CBO to submit to the President. Provides judicial review procedures for provisions of this title. Title II: Technical and Conforming Amendments - Makes technical and conforming amendments to the Congressional Budget and Impoundment Control Act of 1974, the Federal Credit Reform Act of 1990, the Rules of the House of Representatives, the Standing Rules of Senate, and specified other laws. Establishes the public debt limit.
Bill· HRH.R. 5675 (102nd)open
United States · United States Congress · 23 July 1992
Amends the Internal Revenue Code to permit regulations waiving yield restrictions on tax-exempt bond arbitrage if certain arbitrage rebate requirements are met.