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Bill· HRH.R. 5485 (102nd)referred
United States · United States Congress · 24 June 1992
Amends the Internal Revenue Code to disallow a trade or business expense deduction for amounts paid or incurred with respect to prescription-related advertisements that have not been reviewed and approved by the Food and Drug Administration or a qualified nongovernmental review board. Denies tax-exemption to organizations that publish medical journals with such advertisements that have not been subject to such review and approval.
Resolution· HRESH.Res. 501 (102nd)passed
United States · United States Congress · 24 June 1992
Sets forth the rule for the consideration of H.R. 5368 (foreign operations funding).
Bill· SS. 2878 (102nd)referred
United States · United States Congress · 23 June 1992
Medical and Health Insurance Information Reform Act of 1992 - Adds a new title XXII, Medical And Health Insurance Information Reform, to the Social Security Act (SSA). Requires the Secretary of Health and Human Services, in order to assure the availability of comparative value information to health care purchasers, to determine whether each State is developing and implementing a health care value information program. Enumerates the criteria for State programs. Provides that if the Secretary finds that a State has not developed or implemented a health care value information program that comports with such criteria, the Secretary must take necessary actions to implement a comparable program in the State. Allows fees to be charged for the informational materials provided pursuant to such program. Directs the head of any Federal agency with responsibility for the provision of health insurance or health care services to develop and make comparative value information available to States, health care providers, and consumers. Directs the Secretary to promulgate requirements for health insurers to furnish periodically to the Secretary, on a sample basis, health care data relevant to health care services research. Requires the Secretary to make available, under the Freedom of Information Act, all Medicare (SSA title XVIII) claims records, without regard to the consent of the physician or other individual who furnished the item or service in question. Maintains in force Privacy Act protections against the release of information that identifies Medicare beneficiaries. Applies this new requirement for release of records only to information received after the enactment of this Act. Directs the Secretary, directly or through grant or contract, to develop model systems: (1) for gathering health care cost, quality, and outcomes data; and (2) for analyzing such data in a manner that would allow valid comparisons among providers and among health plans. Requires the Secretary to support and evaluate experiments with different approaches to achieve the most cost-effective method. Provides that, when appropriate, the Secretary may establish standards for data gathering in order to facilitate analysis and comparisons across the nation. Authorizes appropriations. Authorizes the Secretary to make grants to States to enable them to plan and initiate implementation of their health care information programs. Authorizes appropriations. Nullifies any State law which requires medical or health insurance records (including billing information) to be kept in written, rather than electronic, form. Directs the Secretary, after taking into consideration the Insurance Information and Privacy Protection Model Act of the National Association of Insurance Commissioners (NAIC), to promulgate requirements concerning health insurance information privacy and confidentiality. Includes among such requirements that information identifying individuals shall not be redisclosed (with such limited exceptions as the Secretary may provide) except to the extent necessary to carry out the purpose for which the information was collected. Requires the Secretary to take into consideration specified principles concerning information that identifies individuals when promulgating such requirements. Directs the Secretary to determine whether problems relating to standards for the electronic receipt and transmission of health insurance information cause significant administrative costs. Requires the Secretary, if such costs are generated, to promulgate standards for the electronic receipt and transmission of claims, payment, eligibility, and enrollment information (including privacy and confidentiality protection requirements). Directs the Secretary to determine whether problems relating to the receipt and transmission of health insurance eligibility verification cause significant administrative costs. Requires the Secretary, if such costs are generated, to promulgate requirements for the receipt and transmission of health insurance eligibility verification. Directs the Secretary to determine whether the proportion of health insurance claims and payment information received and transmitted by paper will continue to cause significant administrative costs. Directs the Secretary, if such costs are generated, to require a specified proportion of (or all of) such information to be received and transmitted electronically (with such exceptions as the Secretary might specify). Directs the Secretary to promulgate requirements for the format and content of basic claim forms under health insurance plans. Directs the Secretary to determine whether the variety of information requested by health insurers (in addition to information requested in basic claims forms) causes administrative costs disproportionate to the benefits derived. Requires the Secretary, if such costs are generated, to publish recommendations concerning what additional information should be allowed to be requested and in what format. Directs the Secretary, after consulting with the NAIC, to promulgate rules for determining the relative liability of insurers and the priority of payment when several health insurance policies cover the same individual. Directs the Secretary to determine whether problems relating to the transfer of information among health insurers that cover the same individual cause significant mistaken payments or administrative costs. Requires the Secretary, if such payments or costs are generated, to promulgate requirements concerning the transfer among insurers (and annual updating) of information (which may include requirements for the use of unique identifiers, and for the listing of all individuals covered under a health insurance plan). Directs the Secretary to determine, for each State, whether there were in effect State requirements substantially the same as those enumerated below and whether the State effectively enforced them. Applies the requirements enumerated below to administrators of self-insured employee plans. Provides for Federal backup authority to be effective in a States (with respect to a section) only if the Secretary makes a negative finding with respect to certain requirements or if the State does not provide sufficient information to enable the Secretary to make the determination. Requires health insurers (in States that do not have an equivalent program) to: (1) meet the Federal requirements concerning the protection of privacy and confidentiality; (2) use social security numbers for their beneficiaries and Medicare unique identifiers for each providers that furnishes items and services; (3) meet the standards and requirements (if any) concerning the receipt and transmission of health insurance information; (4) meet the requirements concerning the form and content of health insurance claim forms; (5) follow the rules determining the priority of payment when several health insurance policies cover the same individual; and (6) meet the requirements (if any) concerning the furnishing of information among insurers. Requires the Secretary, after consulting with the American National Standards Institute (ANSI) and others, to promulgate requirements for hospitals concerning electronic medical data. Specifies the data sets to be included in such requirements. Permits the Secretary, after consulting with ANSI and others, to promulgate requirements for health care entities other than hospitals concerning electronic medical data. Requires hospitals that participate in the Medicare program to maintain an electronic patient care information system that meets certain data set requirements promulgated by the Secretary for hospitals, and to transmit data electronically to the Secretary, peer review organizations, carriers, and intermediaries, from the appropriate data sets. Permits waivers of such requirements for hospitals in the process of developing an electronic patient care information system, for small rural hospitals, and for certain hospitals that agree to subject their data transfer processes to specified quality assurance procedures. Permits Federal agencies to require electronic transmission of data elements utilized for certain agency health care or research programs. Amends the Internal Revenue Code to subject insurers to an excise tax for any failure to comply with requirements under SSA new title XXII respecting health insurance. Specifies the amount of such tax for administrator of self-insured employee welfare benefit plans and other insurers. Provides that the excise tax generally shall not apply if the violation could not have been discovered through the exercise of reasonable diligence, or if the violation was corrected within 30 days after it had been discovered. Gives the Secretary authority to waive the tax if the violations were due to reasonable cause and not willful neglect, to the extent payment of the tax would be excessive relative to the failure involved. Authorizes the Secretary to make grants to: (1) community organizations or coalitions of health care providers, insurers, and purchasers to establish, and document the efficacy of, communication links between the information systems of health insurers and of health care providers; and (2) public and private non-profit entities for the development of regional- and community- based clinical information systems, and for the development and testing of certain ambulatory care data sets. Authorizes appropriations.
Bill· SS. 2880 (102nd)open
United States · United States Congress · 23 June 1992
Amends the Tariff Act of 1930 to authorize appropriations for FY 1993 and 1994 for the United States International Trade Commission. Amends the Customs Procedural Reform and Simplification Act of 1978 to authorize appropriations for FY 1993 and 1994 for the United States Customs Service for: (1) noncommercial and commercial operations; and (2) the air and marine interdiction programs. Amends the Trade Act of 1974 to authorize appropriations for FY 1993 and 1994 for the Office of the United States Trade Representative. Amends the Tariff Act of 1930 to authorize appropriations for FY 1993 and 1994 for the Customs Forfeiture Fund. Requires the Secretary of the Treasury to report to specified congressional committees on: (1) the causes for the high attrition rates experienced by the United States Customs Service in its Southwest region, with particular focus on border ports of entry; (2) plans for staffing at full capacity on a port-by-port basis each of the facilities that has been or will be improved under the Southwest Border Capital Improvements Program; (3) the feasibility of moving the Customs Service office from downtown Portland, Oregon, to the vicinity of the Portland airport; and (4) the feasibility of placing drug enforcement agents in the Medford/Grants Pass area in Oregon.
Bill· SS. 2884 (102nd)referred
United States · United States Congress · 23 June 1992
Fish Safety Act of 1992 - Amends the Food Security Act of 1985 to create a new title setting forth a fish inspection program. Directs the Secretary of Agriculture (the Secretary) to exempt from specific provisions of the title: (1) fish processing by an individual for use in that individual's household; (2) custom processing for use in the household of the product owner; (3) processing of products not intended for nor capable of use as human food; (4) warehousing of up to 50 pounds or of product caught for other than commercial purposes in waters outside the United States; and (5) operations of types traditionally and usually conducted at retail stores or restaurants. Excludes from the application of the title recreational vessels, commercial fishing vessels, or fish tender vessels except where such vessels process fish. Authorizes the Secretary to cooperate with the appropriate agency in any State that has enacted a mandatory State fish product inspection law with requirements at least equal to those in the title. Prohibits State programs from permitting products to bear any official marks or certificates applicable to products in interstate commerce. Requires that fish products processed for intrastate commerce under a State program that are sold, transported, delivered, or offered for sale in interstate commerce be considered adulterated. Authorizes the Secretary to cooperate with State agencies concerning the State administration of the inspection and sampling components of the fish inspection program established under the title on behalf of the Secretary. Authorizes the Secretary to provide State agencies with advisory assistance, technical and laboratory assistance and training, and financial and other assistance for up to 50 percent of the cost of the cooperative program. Requires State program participants to submit operation plans to the Secretary annually. Directs the Secretary to establish standards for the efficient and effective administration of the sampling and inspection program by each approved State. Authorizes the Secretary to deputize specific State employees in approved States. Authorizes the Secretary to appoint advisory committees. Requires the appropriate State agency with which the Secretary may cooperate to be a single agency that is primarily responsible for the coordination of the State programs having objectives the same as the title. Directs the Secretary to develop and administer a comprehensive and efficient health-based inspection program for fish products designed to protect the consuming public from fish products that may be adulterated or misbranded. Sets forth program requirements. Directs the Commissioner of Food and Drugs to establish tolerances, except where tolerances are established by the Administrator of the Environmental Protection Agency, that shall be applicable to poisonous or deleterious substances that may adulterate fish products. Requires the tolerances to be: (1) established at levels so that fish products are not injurious to health; and (2) based on a scientific analysis of health risks. Directs the Commissioner to establish tolerances, except where tolerances are established by the Administrator under the Federal Food, Drug, and Cosmetic Act, for harmful chemicals, toxins, parasites, pathogenic microorganisms, viruses, bacteria, and other harmful agents that may render fish products adulterated. Allows the tolerances to include the use of indicators, including indicator organisms. Directs the Secretary of Commerce and appropriate State authorities, for waters under their jurisdiction, to establish a system for the identification and classification of growing and harvesting areas for fish in coastal areas and the Great Lakes. Directs the Secretary to sample and test fish products regarding any instance or trend that may pose a significant threat to consumers' health and safety. Authorizes the Secretary to provide financial and other assistance to States to prevent the entry of adulterated fish products into establishments, including annual grants to each State that is a member of the Interstate Shellfish Sanitation Conference. Authorizes the Secretary of Commerce, with regard to waters under the exclusive jurisdiction of that Secretary, to close waters or restrict harvesting of a species if fish of that species within the identified harvesting or growing areas are likely to be adulterated. Directs the Secretary of Commerce to: (1) periodically review the closure or restriction; and (2) establish procedures for review on petitions by affected persons. Requires reasonable public notice prior to closure or restriction, except in public health emergencies. Requires inspectors authorized by the Secretary to take actions as necessary to implement the title, including: (1) inspection of establishments, products, packages, equipment, procedures, and records; (2) sampling and testing of fish products; (3) detention and condemnation of adulterated or misbranded products; and (4) inspection, sampling, and testing of imports of fish products. Provides for: (1) segregation, seizure, condemnation, and destruction of adulterated or misbranded fish products; (2) processing of products to the extent necessary to prevent spoilage pending hearing and review; and (3) deferral of condemnation pending bringing of a product into compliance by relabeling or other action. Requires establishments to maintain premises, facilities, equipment, and operations in accordance with sanitation regulations set by the Secretary. Directs the Secretary to establish regulations for the storage or handling of fish products by any person in the business of buying, selling, freezing, storing, transporting, or importing fish products. Authorizes the Secretary to establish guidelines for training persons employed by establishments involved in fish product sanitation and quality control. Authorizes the Secretary to exempt products from inspection requirements until a specified date if appropriated funds are insufficient or if the exemption will aid in the effective transition to the programs implemented under the title. Directs the Secretary to establish procedures for the annual certification of establishments and persons engaged in importing of fish and fish products. Prohibits importers from processing or handling any fish product for commercial purposes unless the establishment is certified. Authorizes the Secretary to refuse to certify or to decertify establishments or importers unfit to engage in any business as a result of Federal or State convictions for: (1) acquiring, handling, or distributing adulterated, mislabeled, or deceptively packaged food, or fraud in food transactions; or (2) any felony involving a lack of the integrity needed for the conduct of operations affecting the public health. Requires all products processed at any certified establishment to bear on their shipping containers and immediate containers information as the Secretary requires. Authorizes the Secretary to permit such products to bear a seal stating that the product was processed in accordance with Federal standards or similar language. Authorizes the Secretary to prescribe: (1) labeling requirements to avoid false or misleading labeling; (2) definitions and standards of identity or composition and fill; and (3) procedures that permit statements on labels that indicate the State or location of the product's origin. Directs the Secretary to: (1) require that each package of fish product bears the appropriate identification, issued under the title, and an official mark; and (2) ensure that the official mark shall be available only on products processed in certified establishments. Prohibits articles from being sold or offered for sale under any name, marking, or labeling that is false or misleading, or in any container of a misleading form or size. Permits established trade names and other marking and labeling that are not false or misleading and that are approved by the Secretary. Authorizes the Secretary, if any marking, labeling, size, or form of any container is false or misleading, to require that use be withheld unless modified as prescribed by the Secretary so that it will not be false or misleading. Prohibits a fish product from being entered, or withdrawn from warehouses, for consumption in the United States, unless the product: (1) is not adulterated or misbranded; (2) complies with all requirements of the title; and (3) is marked and labeled as required for imports. Treats all such products as domestic fish products under the title, except that its labeling must identify the country of origin. Directs the Secretary to enforce these provisions through inspections, sampling, and any other necessary procedures. Requires products refused entry or entered, or withdrawn from warehouses, in violation of these provisions to be destroyed unless exported or brought into compliance. Requires storage, cartage, labor, and other costs from denial of entry or withdrawal from warehouse to be paid by the owner or consignee. Declares that nonpayment constitutes a lien against the product and any other fish product thereafter entered, or withdrawn from warehouse, for consumption in the United States by such owner or consignee. Directs the Secretary, on request of a country desiring to export fish products to the United States, to review the inspection program of products offered for importation to determine whether the requirements and tolerances for the products are at least equal to those under the title and, if so, and if the country will permit the enforcement measures the Secretary determines necessary, to issue a certificate stating that the country meets the requirements. Requires all fish products imported from an uncertified country to be inspected by the Secretary to ensure compliance with these provisions. Directs the Secretary to enforce these provisions through inspections, sampling, testing, or other actions in the foreign country, during importation, or otherwise as necessary. Declares that products intended for export shall not be considered adulterated or misbranded if they are consistent with the laws of the importing country and meet other requirements. Directs the Secretary to inspect products intended for export as necessary. Directs the Secretary, on request of the exporter, to provide a certificate for export stating the condition of fish products inspected under these provisions. Authorizes the Secretary to require any person who owns or operates an establishment or is in the business of importing fish products to recall any fish product that is adulterated or misbranded if it could cause serious health consequences. Directs the Secretary of Health and Human Services to establish, through the Centers for Disease Control, an active surveillance system, based on a representative portion of the U.S. population, to provide an estimate of the frequency of human disease in the United States associated with the consumption of food, including a comparison of each major food category. Sets forth a list of prohibited acts in connection with the processing, handling, selling, transporting, offering for sale or transportation, possessing, misbranding, or importation of fish products or in connection with inspections under the title. Provides civil monetary penalties and criminal penalties for violations. Prohibits a common or contract carrier, including carriers that are fish tender vessels, from being subject to penalties under the title unless the carrier: (1) had knowledge, or possessed facts that would cause a reasonable person to believe, that the products were adulterated or misbranded; or (2) refuses to furnish certain information and documents. Sets forth: (1) felony penalties for giving or receiving bribes; and (2) criminal penalties for forcibly assaulting, resisting, intimidating, or interfering with any inspector or other person while engaged in official duties under the title. Requires each establishment or import business subject to inspection under the title to be operated in accordance with such sanitary and other procedures and practices as the Secretary requires. Directs the Secretary to prescribe standards for marking fish or fish products handled or processed in accordance with the title, or their packages, with an official stamp. Directs the Secretary to establish priorities for fish and fish products safety research. Requires the appropriate Federal agencies to conduct research regarding the priorities. Directs the Secretary, through the Extension Service, to provide a specified sum each fiscal year out of funds appropriated for the title to award grants for demonstration projects by States with regard to providing food safety information and instruction regarding the proper handling, storage, and preparation of fish and fish products for human consumption. Directs the Secretary of Commerce to establish through grants and administer, for a five-year period, a shellfish indicator research program to develop a system of classification of shellfish harvesting areas. Directs the Secretary to establish an advisory panel to assist in the development and implementation of the research programs under these provisions. Prohibits: (1) copying of any official mark; and (2) processing fish products except in compliance with the title. Authorizes the Secretary to limit the entry of fish products and other materials into any establishment consistent with the purposes of the title. Provides for administrative detention of any fish product meeting certain requirements if there is reason to believe the product is adulterated or misbranded. Makes any fish product capable of use as human food and adulterated or misbranded, or which otherwise is or has been in violation of the title, liable to be proceeded against and seized and condemned at any time, on a libel of information. Provides for disposal of a condemned product and for the delivery of the product to the owner on delivery of bond. Applies specified provisions of Federal law to the administration and enforcement of the title. Exempts the inspection, sampling, regulation, handling, processing, storage, or transportation of fish products from the Federal Food, Drug, and Cosmetic Act to the extent such matters are covered by the title. Requires that the cost of inspections be borne by the United States, except for overtime or holiday work required in an establishment, which must be borne by the establishment. Authorizes appropriations to carry out the title, earmarking: (1) certain sums for the research programs under the title; (2) certain percentages for the Food and Drug Administration; and (3) other percentages for the Department of Commerce. Amends Federal law to add a reference to food safety to provisions specifying the matters to be included in cooperative agricultural extension work. Authorizes appropriations for programs administered by the Secretary of Agriculture through the Extension Service to disseminate food safety information and instruction to consumers, restaurant food handlers, schools, and other persons. Requires the Commissioner of Food and Drugs to: (1) develop and implement a program to carry out and administer the title; and (2) enter into contracts with the National Academy of Sciences to identify chemical and microbiological contaminants, parasites, toxins, and other harmful substances that are most likely to be found in fish and fish products and that are most likely to cause fish and fish products to be adulterated. Directs the Secretary of Commerce to develop and implement a program to carry out the requirements of the title.
Bill· HRH.R. 5469 (102nd)referred
United States · United States Congress · 23 June 1992
Open Space Preservation Act of 1992 - Amends the Internal Revenue Code to exclude from the gross estate tax the value of land subject to a qualified conservation easement (less the amount of any indebtedness secured by such land). Includes in the gross estate tax the value of each development right retained by the donor in the conveyance of the easement. Makes such tax due upon the disposition of the property. Provides that such land subject to the exclusion will have a carryover basis for purposes of determining gain or loss. Excludes from the gift tax transfers by gift of land subject to a conservation easement (other than development rights retained by the donor of such easement). Defers the reduction in certain estate tax rates after 1993 and before 1998.
Bill· HRH.R. 5462 (102nd)referred
United States · United States Congress · 23 June 1992
Urban Entrepreneurial Opportunities Act - Amends the Internal Revenue Code to allow a deduction for equity contributions made by a corporation to an urban entrepreneurial opportunity financing subsidiary of such corporation. Requires the subsidiary to use such contribution in making qualified enterprise zone business loans to qualified small business concerns. Establishes an overall program limitation among the contributing corporations to be allocated by the Secretary of Housing and Urban Development.
Bill· HRH.R. 5461 (102nd)referred
United States · United States Congress · 23 June 1992
Amends the Internal Revenue Code to reinstate the investment tax credit of ten percent of qualified investment in tangible business property placed in service during 1992, 1993, or 1994. Allows such credit for property placed in service after December 31, 1994, under specified circumstances.
Bill· HRH.R. 5464 (102nd)referred
United States · United States Congress · 23 June 1992
Medical and Health Insurance Information Reform Act of 1992 - Adds a new title XXII, Medical And Health Insurance Information Reform, to the Social Security Act (SSA). Requires the Secretary of Health and Human Services, in order to assure the availability of comparative value information to health care purchasers, to determine whether each State is developing and implementing a health care value information program. Enumerates the criteria for State programs. Provides that if the Secretary finds that a State has not developed or implemented a health care value information program that comports with such criteria, the Secretary must take necessary actions to implement a comparable program in the State. Allows fees to be charged for the informational materials provided pursuant to such program. Directs the head of any Federal agency with responsibility for the provision of health insurance or health care services to develop and make comparative value information available to States, health care providers, and consumers. Directs the Secretary to promulgate requirements for health insurers to furnish periodically to the Secretary, on a sample basis, health care data relevant to health care services research. Requires the Secretary to make available, under the Freedom of Information Act, all Medicare (SSA title XVIII) claims records, without regard to the consent of the physician or other individual who furnished the item or service in question. Maintains in force Privacy Act protections against the release of information that identifies Medicare beneficiaries. Applies this new requirement for release of records only to information received after the enactment of this Act. Directs the Secretary, directly or through grant or contract, to develop model systems: (1) for gathering health care cost, quality, and outcomes data; and (2) for analyzing such data in a manner that would allow valid comparisons among providers and among health plans. Requires the Secretary to support and evaluate experiments with different approaches to achieve the most cost-effective method. Provides that, when appropriate, the Secretary may establish standards for data gathering in order to facilitate analysis and comparisons across the nation. Authorizes appropriations. Authorizes the Secretary to make grants to States to enable them to plan and initiate implementation of their health care information programs. Authorizes appropriations. Nullifies any State law which requires medical or health insurance records (including billing information) to be kept in written, rather than electronic, form. Directs the Secretary, after taking into consideration the Insurance Information and Privacy Protection Model Act of the National Association of Insurance Commissioners (NAIC), to promulgate requirements concerning health insurance information privacy and confidentiality. Includes among such requirements that information identifying individuals shall not be redisclosed (with such limited exceptions as the Secretary may provide) except to the extent necessary to carry out the purpose for which the information was collected. Requires the Secretary to take into consideration specified principles concerning information that identifies individuals when promulgating such requirements. Directs the Secretary to determine whether problems relating to standards for the electronic receipt and transmission of health insurance information cause significant administrative costs. Requires the Secretary, if such costs are generated, to promulgate standards for the electronic receipt and transmission of claims, payment, eligibility, and enrollment information (including privacy and confidentiality protection requirements). Directs the Secretary to determine whether problems relating to the receipt and transmission of health insurance eligibility verification cause significant administrative costs. Requires the Secretary, if such costs are generated, to promulgate requirements for the receipt and transmission of health insurance eligibility verification. Directs the Secretary to determine whether the proportion of health insurance claims and payment information received and transmitted by paper will continue to cause significant administrative costs. Directs the Secretary, if such costs are generated, to require a specified proportion of (or all of) such information to be received and transmitted electronically (with such exceptions as the Secretary might specify). Directs the Secretary to promulgate requirements for the format and content of basic claim forms under health insurance plans. Directs the Secretary to determine whether the variety of information requested by health insurers (in addition to information requested in basic claims forms) causes administrative costs disproportionate to the benefits derived. Requires the Secretary, if such costs are generated, to publish recommendations concerning what additional information should be allowed to be requested and in what format. Directs the Secretary, after consulting with the NAIC, to promulgate rules for determining the relative liability of insurers and the priority of payment when several health insurance policies cover the same individual. Directs the Secretary to determine whether problems relating to the transfer of information among health insurers that cover the same individual cause significant mistaken payments or administrative costs. Requires the Secretary, if such payments or costs are generated, to promulgate requirements concerning the transfer among insurers (and annual updating) of information (which may include requirements for the use of unique identifiers, and for the listing of all individuals covered under a health insurance plan). Directs the Secretary to determine, for each State, whether there were in effect State requirements substantially the same as those enumerated below and whether the State effectively enforced them. Applies the requirements enumerated below to administrators of self-insured employee plans. Provides for Federal backup authority to be effective in a State (with respect to a section) only if the Secretary makes a negative finding with respect to certain requirements or if the State does not provide sufficient information to enable the Secretary to make the determination. Requires health insurers (in States that do not have an equivalent program) to: (1) meet the Federal requirements concerning the protection of privacy and confidentiality; (2) use social security numbers for their beneficiaries and Medicare unique identifiers for each provider that furnishes items and services; (3) meet the standards and requirements (if any) concerning the receipt and transmission of health insurance information; (4) meet the requirements concerning the form and content of health insurance claim forms; (5) follow the rules determining the priority of payment when several health insurance policies cover the same individual; and (6) meet the requirements (if any) concerning the furnishing of information among insurers. Requires the Secretary, after consulting with the American National Standards Institute (ANSI) and others, to promulgate requirements for hospitals concerning electronic medical data. Specifies the data sets to be included in such requirements. Permits the Secretary, after consulting with ANSI and others, to promulgate requirements for health care entities other than hospitals concerning electronic medical data. Requires hospitals that participate in the Medicare program to maintain an electronic patient care information system that meets certain data set requirements promulgated by the Secretary for hospitals, and to transmit data electronically to the Secretary, peer review organizations, carriers, and intermediaries, from the appropriate data sets. Permits waivers of such requirements for hospitals in the process of developing an electronic patient care information system, for small rural hospitals, and for certain hospitals that agree to subject their data transfer processes to specified quality assurance procedures. Permits Federal agencies to require electronic transmission of data elements utilized for certain agency health care or research programs. Amends the Internal Revenue Code to subject insurers to an excise tax for any failure to comply with requirements under SSA new title XXII respecting health insurance. Specifies the amount of such tax for administrators of self-insured employee welfare benefit plans and other insurers. Provides that the excise tax generally shall not apply if the violation could not have been discovered through the exercise of reasonable diligence, or if the violation was corrected within 30 days after it had been discovered. Gives the Secretary authority to waive the tax if the violations were due to reasonable cause and not willful neglect, to the extent payment of the tax would be excessive relative to the failure involved. Authorizes the Secretary to make grants to: (1) community organizations or coalitions of health care providers, insurers, and purchasers to establish, and document the efficacy of, communication links between the information systems of health insurers and of health care providers; and (2) public and private non-profit entities for the development of regional- and community- based clinical information systems, and for the development and testing of certain ambulatory care data sets. Authorizes appropriations.
Bill· HRH.R. 5468 (102nd)referred
United States · United States Congress · 23 June 1992
Indian Employment and Investment Act of 1992 - Amends the Internal Revenue Code to establish an Indian reservation credit as an investment tax credit for investment in qualified Indian reservation property. Limits such credit to 25 percent for reservation personal property, 33 1/3 percent for new reservation construction property, and 33 1/3 percent for reservation infrastructure investment. Treats real estate rentals on an Indian reservation as the active conduct of a trade or business on such reservation. Declares that such credit applies only in the event that the Indian unemployment rate on the applicable reservation exceeds 300 percent of the national average unemployment rate at any time during the calendar year in which property is placed in service or during the immediately preceding two calendar years, with exceptions. Provides for the recapture of such credit in the event such reservation property ceases to be investment property. Sets forth rules with respect to adjusting the basis of such property to reflect the investment credit. Allows businesses an employment credit of ten percent (30 percent in the case of an employer with at least 85 percent Indian employees) of the sum of the qualified wages and qualified employee health insurance costs paid or incurred during a taxable year. Requires employees to perform substantially all services within an Indian reservation and to reside on or near such reservation. Limits such credit to the first seven years of employment and excludes employees earning more than $30,000 per year. Establishes penalties to be imposed if an employee is terminated before the day one year after the day on which the employee began work for the employer. Applies certain rules for computing the targeted jobs credit to such employment credit.
Resolution· HRESH.Res. 499 (102nd)passed
United States · United States Congress · 23 June 1992
Sets forth the rule for the consideration of H.R. 5427 (Legislative Branch appropriations).
Bill· HRH.R. 5454 (102nd)referred
United States · United States Congress · 22 June 1992
Long-Term Health Care Program Act of 1992 - Amends title XVIII (Medicare) of the Social Security Act to add a new part C, Long-Term Care Program. Makes U.S. citizens and resident aliens with limited capacity to perform daily living activities or a mental impairment eligible for specified long-term care benefits. Specifies the scope and duration of such benefits. Directs the Secretary of Health and Human Services to contract with State or other entities to establish: (1) Long-Term Care Screening Agencies for determining the eligibility of individuals for part C benefits; and (2) Long-Term Care Case Management Agencies for providing case management services for eligible individuals, developing individual care plans, and assisting individuals in choosing qualified providers to carry out the care plan. Specifies the qualifications for home- and community-based service providers. Provides for payments to such providers as well as to Case Management Agencies and nursing facilities. Sets forth requirements for certification of service providers. Establishes the Home- and Community-Based Care Advisory Council to: (1) assist the Secretary in assuring the prompt and efficient implementation of new part C; (2) regularly review that implementation; and (3) recommend to the Secretary and the Congress any necessary modifications of the program. Sets forth requirements qualified providers must meet in order to receive funding for the provision of: (1) home- or community-based services; and (2) durable medical equipment services. Sets forth quality assurance requirements agencies must meet in order to receive funding for the provision of case management services under new part C. Directs the Secretary to develop and implement a standard and extended survey of home care agencies certified to receive payments for services under this Act. Directs the Secretary to promulgate a consumers' bill of rights recognizing specified rights of consumers of long-term care which may be asserted by the consumer or his or her representative or guardian. Requires utilization and quality control peer review organizations to establish and appoint members to a quality assurance board that will monitor the quality of care provided in the area served by the organization. Provides for low-income assistance for individuals entitled to part C benefits for room and board payments. Sets forth administrative provisions. Creates in the Treasury the Long-Term Care Trust Fund to hold the revenues generated under title II of this Act for financing the new long-term care program. Requires major efforts by peer review organizations on quality assurance activities with respect to long-term care. Sets forth additional provisions relating to quality assurance. Revises provisions respecting the hospital discharge planning process. Eliminates overlapping mandatory long-term care benefits under the Medicaid program under title XIX of the Social Security Act. Title II: Financing - Amends the Internal Revenue Code to: (1) eliminate the limit on wages and self-employment income subject to FICA and railroad retirement taxes; and (2) increase hospital insurance tax rates. Title III: Grants And Demonstration Projects - Directs the Secretary to make grants to schools of nursing, social work, allied health, and public health of accredited universities to develop and conduct programs to train individuals in the provision, supervision, planning, and analysis of home- and community-based care and nursing facility services for the elderly, disabled, and chronically ill children and in the administration of such programs. Authorizes appropriations. Provides for grants for home health aides, model consumer training programs, and centers for long-term care planning and technical assistance. Authorizes appropriations. Requires the Secretary to conduct demonstration projects to determine the relative effectiveness, cost, and impact on quality of long-term home care of using different models of providing and reimbursing long-term home care services for seriously mentally ill individuals and family caregivers. Authorizes appropriations. Amends the Medicare program to set forth special rules for frail elderly demonstration projects and similar projects.
Resolution· HRESH.Res. 498 (102nd)passed
United States · United States Congress · 22 June 1992
Waives certain points of order against H.R. 5428 (military construction funding).
Bill· SS. 2873 (102nd)referred
United States · United States Congress · 18 June 1992
Medical Cost Containment Act of 1992 - Amends the Internal Revenue Code to exclude from gross income employer-provided coverage under an accident or health plan and medical care savings benefits. Describes such benefits as a health plan which provides that all or part of the premium differential (adjusted annually for inflation) realized by instituting a qualified higher deductible health plan is credited to participating employees to pay for medical care for a plan year. Requires amounts remaining at the end of such plan year to be deposited into a tax-exempt medical care savings account (subject to rules similar to those for retirement plans) for use by the participant for medical expenses. Allows an employee to be advanced, interest-free, amounts necessary to cover expenses for medical care which exceed the amounts in the employee's account, upon the employee's agreement to repay such advancement.
Law· SS. 2875 (102nd)enacted
United States · United States Congress · 18 June 1992
WIC Infant Formula Procurement Act for 1992 - Amends the Child Nutrition Act of 1966 to revise the methods of procurement of infant formula for the special supplemental food program for women, infants, and children. Directs the Secretary of Health and Human Services to solicit bids annually for a cost-containment contract to be entered into by infant formula manufacturers and those State agencies that elect to have the Secretary perform the bid solicitation and selection process on their behalf. Prescribes guidelines for the solicitation and selection process. Sets a deadline for the Secretary to report to the Congress on the decisions made by State agencies and the Secretary regarding bid solicitations, including any recommendations to increase competition by encouraging the participation of additional infant formula manufacturers. Prescribes guidelines for the Secretary to follow in order to reduce the costs of any supplemental foods. Requires each State agency to describe, in its plan submitted to the Secretary of FY 1994, the procedures it will use to reduce the purchase of low-iron infant formula for infants for whom such formula has not been prescribed by an appropriate health professional. Directs the Secretary to allocate to each State agency for specified fiscal years an amount for costs of nutrition services and administration on the basis of a formula which shall be designated to provide funds to help defray reasonable anticipated expenses associated with specified aspects of joint purchasing of infant formula by two or more State agencies and cost containment efforts.
Resolution· SRESS.Res. 316 (102nd)referred
United States · United States Congress · 18 June 1992
Urges the Secretary of the Treasury to support its Internal Revenue Service field agents and to vigorously take enforcement action against foreign companies who continue to defraud the U.S. Government and the American people by evading taxes.
Law· HRH.R. 5427 (102nd)enacted
United States · United States Congress · 18 June 1992
Legislative Branch Appropriations Act, 1993 - Title I: Congressional Operations - Congressional Operations Appropriations Act, 1993 - Appropriates funds for FY 1993 for the operations of the House of Representatives for the following: (1) mileage of Members' clerk hire; (2) House leadership offices; (3) Members' clerk hire; (4) committee employees; (5) studies by the Committee on the Budget; (6) contingent expenses of the House, including salaries and expenses of standing, special, and select committees; (7) salaries and expenses and temporary personal services of House Information Systems, under the direction of the Committee on House Administration; (8) allowances and expenses; (9) salaries and expenses of the House of Representatives Child Care Center; (10) studies and investigations by the Committee on Appropriations;(11) official mail costs; and (12) salaries of officers and employees. Allows the transfer of amounts among specified House accounts upon the approval of the Committee on Appropriations. Makes permanent law the resolution which established certain civilian support positions for the Capitol Police with respect to the House of Representatives. Provides authority to transfer available funds for the operations of the Director of Non-legislative and Financial Services, the Office of Inspector General, and the Office of General Counsel. Establishes an account for fees deposited by Members and Officers of the House for the services of Attending Physician. Makes appropriations for the following joint items: (1) the Joint Economic and the Joint Committee on on Printing; (2) the Joint Committee on Taxation; (3) the Office of the Attending Physician; (4) the Capitol Police Board; (5) the Capitol Guide Service; and (6) the Special Services Office. Appropriates funds for the following congressional offices: (1) the Office of Technology Assessment; (2) the Congressional Budget Office; (3) the Architect of the Capitol; (4) the Congressional Research Service of the Library of Congress; and (5) the Government Printing Office (GPO). Title II: Other Agencies - Appropriates funds for the following congressional agencies: (1) the Botanic Garden; (2) the Library of Congress; (3) the Architect of the of the Capitol for Library buildings and grounds; (4) the Copyright Royalty Tribunal; (5) GPO for the Office of Superintendent of Documents; and (6) the General Accounting Office. Restricts the amount of funds to be accepted and obligated by the Architect of the Capitol for constructing, equipping, and maintaining the National Garden. Makes funds available to the Library of Congress for expenses of attendance at certain meetings, of which a specified amount is set aside for the Congressional Research Service. Prohibits the Library from using appropriated funds to administer a flexible or compressed work schedule for certain managers or supervisors. Limits the number of employees the Library may employ with appropriated funds from other Federal agencies to cover general and administrative overhead costs generated by performing reimbursable work for such agencies. Limits the expenditures by the Library on official representation and reception expenses for the incentive awards program and the overseas Field offices. Makes the restriction on the use of appropriated funds for certain commercial printing inapplicable to FY 1993 funds. Prohibits the use of such funds for the procurement of any printing related to the production of government publications, unless such procurement is by or through GPO. Allows certain exceptions to such prohibition. Title III: General Provisions - Sets forth various specified requirements for and prohibitions or limitations on the use of appropriations. Directs the Architect of the Capitol to develop an overall telecommunications plan for the other agencies of the legislative branch. Authorizes the transfer of funds from the Library of Congress for salaries and expenses to the Architect of the Capitol for the purpose of rental, lease, or other agreement respecting temporary storage and warehouse space for use by the Library during FY 1993. Authorizes the retention of revenues received by the House of Representatives Child Care Center for salaries and expenses. Removes Members of the House of Representatives from the two-page limitation on mass mailings. Rescinds authority for Members of the House to make mass mailings outside of their congressional districts. Prohibits the use of funds in this Act to provide routine internal building security in the Judiciary Office Building.
Law· HRH.R. 5428 (102nd)enacted
United States · United States Congress · 18 June 1992
Military Construction Appropriations Act, 1993 - Appropriates funds for FY 1993 for military construction functions administered by the Department of Defense (DOD) in specified amounts for: (1) military construction, Army; (2) military construction, Navy; (3) military construction, Air Force; (4) military construction, defense agencies (including a transfer of funds); (5) North Atlantic Treaty Organization (NATO) infrastructure; (6) military construction, Army National Guard; (7) military construction, Air National Guard; (8) military construction, Army Reserve; (9) military construction, Naval Reserve; (10) military construction, Air Force Reserve; (11) family housing, Army; (12) family housing, Navy and Marine Corps; (13) family housing, Air Force; (14) family housing, defense agencies; (15) homeowners assistance fund, defense; and (16) the Department of Defense Base Closure Accounts (including a transfer of funds). Prohibits funds appropriated in military construction appropriation Acts from being expended for payments under a cost-plus-a-fixed-fee contract for work in excess of $25,000 to be performed within the United States, except Alaska, without the specific approval of the Secretary of Defense. Allows DOD construction funds to be available for: (1) the hire of passenger motor vehicles; and (2) advances to the Department of Transportation's Federal Highway Administration for the construction of defense access roads when certified by the Secretary as important to the national defense. Prohibits funds appropriated in this Act from being used to begin construction of new bases inside the continental United States for which specific appropriations have not been made. Prohibits military construction appropriation Act funds from being used: (1) to purchase land or easements for an amount in excess of 100 percent of their appraised value, with exceptions; (2) to acquire land, prepare sites, or install utilities for military family housing, except housing for which funds have been made available in military construction appropriation Acts; (3) to transfer or relocate any activity from one base or installation to another, without prior notification to the Senate and House Appropriations Committees; and (4) for the procurement of steel for any construction project or activity for which American steel producers, fabricators, and manufacturers have been denied the opportunity to compete. Prohibits funds available to DOD for military construction or family housing during the current fiscal year from being used to pay real property taxes in any foreign country. Prohibits funds appropriated in military construction Acts: (1) from being used to initiate a new installation overseas without prior notification to the Appropriations Committees; (2) from being obligated for architect and engineer contracts estimated to exceed $500,000 for projects to be accomplished in Japan or any NATO-member country, unless such contracts are awarded to U.S. firms or U.S. firms in joint venture with host nation firms; and (3) for U.S. military construction projects in U.S. territories and possessions in the Pacific and on Kwajalein Atoll from being used to award any contract estimated to exceed $1,000,000 to a foreign contractor, with an exception. Directs the Secretary to inform the Appropriations Committees and the Senate and House Armed Services Committees of the plans and scope of any military exercise involving U.S. personnel 30 days prior to its occurrence if amounts expended for construction for such exercise are anticipated to exceed $100,000. Transfers certain funds of the Military Family Housing Management Account to the appropriations for family housing. Prohibits more than 20 percent of the funds appropriated in military construction appropriation Acts which are limited for obligation during the current fiscal year from being obligated during the last two months of the fiscal year. Makes certain prior year funds available for military construction authorized during the second session of the 102d Congress. Directs the Secretary to report by February 15 annually to the Appropriations Committees detailing specific actions proposed to be taken by DOD during that fiscal year to encourage other member-nations of NATO, Japan, and Korea to assume a greater share of the common defense burden of such nations and the United States. Permits certain expired or lapsed funds to be used to pay certain overhead and other costs associated with military construction or family housing projects. Allows funds appropriated for military construction projects to be obligated until the end of the fourth fiscal year after the fiscal year in which the funds were appropriated, with certain conditions. Limits the amount of funds that may be obligated for the contract cleaning of military family housing units. Authorizes the transfer of unobligated DOD military construction and family housing operation and maintenance and construction funds to the foreign currency fluctuations, construction, defense appropriation. Prohibits any funds appropriated in this Act from being available for study, planning, design, or architect and engineer services related to the relocation of the Yongsan Garrison, Korea. Requires funds necessary for annual pay raises for programs funded by military construction appropriations Acts to be absorbed within the levels appropriated in each such Act. Considers defense access roads for Camp McCain, Mississippi, as fully meeting the requirement of certification by the Secretary as important to the military or civilian defense. Reconvenes the environmental response task force established under the National Defense Authorization Act for Fiscal Year 1991 and requires such task force, until all military base closure and realignment activities are completed, to: (1) monitor the progress of relevant Federal and State agencies in implementing the recommendations of the task force with respect to ways to improve, consolidate, and streamline environmental response actions taken at such installations; and (2) report to the Congress on ways to expedite and improve such actions.
Bill· HRH.R. 5440 (102nd)referred
United States · United States Congress · 18 June 1992
Amends the Internal Revenue Code to repeal the special depreciation rules applicable under the adjusted current earnings provisions of the minimum tax. Requires the depreciation deduction with respect to any property for any taxable year beginning after December 31, 1991, to be the same as the depreciation deduction allowable in computing alternative minimum taxable income for such taxable year.
Resolution· HRESH.Res. 493 (102nd)passed
United States · United States Congress · 18 June 1992
Sets forth the rule for the consideration of H.R. 4484 (Maritime Administration authorization).
Resolution· HRESH.Res. 495 (102nd)passed
United States · United States Congress · 18 June 1992
Sets forth the rule for the consideration of H.R. 5095 (authorizing appropriations for FY 1993 for intelligence and intelligence-related activities).
Resolution· HRESH.Res. 496 (102nd)referred
United States · United States Congress · 18 June 1992
Amends rule LII of the Rules of the House of Representatives to change the position of Director of Non-Legislative and Financial Services to House Administrator to be appointed for a Congress by the Speaker and the majority and minority leaders (as under the current rule) and the minority whip. Authorizes the House (as under the current rule) or the Speaker and minority leader acting jointly to remove the Administrator. Requires the Administrator to be: (1) paid at a higher rate of basic pay than that of non-elected officers of the House; and (2) hired strictly on the basis of professional expertise in an open, competitive process. Requires the Clerk, Sergeant-at-Arms, and Doorkeeper to be hired by the Administrator on such basis and by such a process. Authorizes the Administrators to remove such officers. Directs the Administrator to fix the pay for all individuals who perform functions under his supervision. Calls for a reduction in the salary of individuals who have had a diminution of their duties during FY 1992 that is appropriate for at least such fiscal year. Prohibits the aggregate salary of the Administrator and other officers of the House from exceeding the aggregate amount appropriated for salaries for such officers before the adoption of H.Res. 423, 102d Congress. Amends rule LIII to require the Inspector General of the House to be appointed by the Speaker and the majority and minority leaders (as under the current rule) and the minority whip. States that the Inspector General may be removed by the House or by the Speaker and minority leader. Requires the Inspector General to be hired strictly on the basis of professional expertise in an open, competitive process and to possess extensive auditing, financial, and investigative expertise. Directs the Inspector General to notify the minority whip of any financial irregularity discovered and to report to the minority whip on each periodic audit conducted. Transfers the House Document Room, the Publications Distribution System (the folding rooms), and the pages that serve the House from the Doorkeeper to the House Administrator.
Bill· HRH.R. 5420 (102nd)referred
United States · United States Congress · 17 June 1992
Amends the Internal Revenue Code to exclude cooperative housing corporations from the limitations on deductions incurred by certain membership organizations in transactions with their members. Prohibits patronage losses of an organization from being used to offset earnings which are not patronage earnings. Specifies earnings to be treated as patronage earnings in the case of cooperative housing corporations.
Resolution· HRESH.Res. 491 (102nd)passed
United States · United States Congress · 17 June 1992
Provides for the consideration of the conference report and amendments reported from conference in disagreement on H.R. 5132 (dire emergency supplemental appropriations).
Bill· SS. 2857 (102nd)referred
United States · United States Congress · 16 June 1992
Amends the Internal Revenue Code to extend from one year to two years the period of time to acquire a new residence for purposes of nonrecognition of gain on the sale of an old residence for members of the armed forces who are required to reside in Government quarters or are stationed outside the United States.
Bill· HRH.R. 5404 (102nd)referred
United States · United States Congress · 16 June 1992
Honest Balanced Budget Act - 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. Prohibits, for FY 1994 and each fiscal year thereafter, the outlays of the operating segment of the United States budget from exceeding receipts. Requires, when such outlays exceed receipts, that the deficit be eliminated through revenue increases or spending reductions. Authorizes the waiver of such provisions in the case of war, recession, or natural disaster if the President requests such waiver and the Congress approves by a vote of three-fifths of the membership in both Houses. Requires that operating segment deficit spending subject to a waiver be paid for in full in the budget of the following fiscal year. Requires the budget, excluding trust funds, to be balanced by FY 1998 and each fiscal year thereafter. Requires the President and the Congress: (1) beginning in FY 1995 to develop and implement a plan to so balance the budget; and (2) after balancing the budget to pay down the debt to a reasonable level over a set period of time in order to reduce annual interest costs. Allows a waiver of such budget plan in the case of war, recession, or natural disaster if the President requests such waiver and the Congress approves by a vote of three-fifths of the membership in both Houses. Requires deficit spending subject to such waiver to be paid for in full in the budget of the following fiscal year. Requires the restoration of the statutory debt level within 24 months after the date of such waiver or suspension. Prohibits the Senate or the House of Representatives from considering any bill, resolution, amendment, or conference report that would: (1) cause outlays to exceed receipts; (2) change any provision of this Act; or (3) increase the statutory debt limit after December 31, 1998. Allows a waiver or suspension of such prohibitions in the Senate or the House only by an affirmative vote of three-fifths of the Members. Requires the President to submit a budget for FY 1994 to comply with the requirements of this Act. Requires the Congress to return a budget not in compliance to the President with a letter of reprimand and a request for a new budget. Declares it to be the policy of the United States that: (1) not later than December 31, 1993, the Congress amend the Internal Revenue Code to establish a special interest and debt retirement account dedicated to the reduction of interest and the public debt, to be activated by the President if necessary; (2) any revenues collected for interest and debt retirement be especially titled so that citizens may be aware of their purpose; (3) any revenues collected for interest and debt retirement be deposited in a separate trust fund account; (4) the trust fund be used only for the reduction of interest and the retirement of the public debt; (5) the Secretary of the Treasury administer such account with the advice of a bipartisan board; and (6) any special dedicated interest and debt retirement tax expire upon the elimination of the public debt to a specified target level.
Bill· HRH.R. 5405 (102nd)referred
United States · United States Congress · 16 June 1992
Foreign Aid Reform Act of 1992 - Amends the Foreign Assistance Act of 1961 to declare that economic support assistance should be provided principally through commodity import programs, project assistance, sector programs, or the provision of U.S. goods and services. Permits such assistance to be provided to a foreign government as a cash transfer only pursuant to an agreement requiring the recipient government to spend the cash transfer to purchase U.S. goods and services to the extent that the recipient government purchases goods and services not produced in that country. Exempts from this Act any recipient government that: (1) receives less than $25,000,000 cash transfer assistance for a fiscal year; or (2) as of April 1, 1989, was receiving such assistance and has an agreement with the United States under which it agrees to spend an amount equal to the amount of the cash transfer on U.S. goods and services, to carry 50 percent of all bulk shipments of U.S. grain on privately-owned U.S.-flag commercial vessels, to purchase U.S. grain at levels comparable to those purchased in prior years, and to comply with such requirements in any fiscal year in which it receives such assistance. Authorizes the President to waive the requirements of this Act if it is in the national interest to do so.
Resolution· HRESH.Res. 485 (102nd)passed
United States · United States Congress · 16 June 1992
Waives points of order against the consideration of H.R. 5373 (appropriations for energy and water development).
Bill· SS. 2849 (102nd)open
United States · United States Congress · 15 June 1992
New England Groundfish Restoration Act - Amends the Magnuson Fishery Conservation and Management Act to establish a New England Groundfish Restoration Program. Requires the New England Fishery Management Council to submit to the Secretary of Commerce (the Secretary) an amendment to the Northeast Multispecies Fishery Management Plan (the Plan) that establishes conservation and management measures for New England groundfish designed to reduce fishing mortality to the extent necessary to eliminate overfishing and achieve optimum yield of cod and yellowtail flounder stocks not later than seven years after the effective date of the amendment, and of haddock stocks not later than ten years after that effective date. Requires the Council to recommend to the Secretary a schedule of civil penalties, including fishing permit sanctions. Requires the Secretary, if the Council does not submit an amendment to the Plan within a reasonable period of time, to prepare such an amendment and issue regulations as necessary for its implementation. Requires such amendment to provide for the immediate suspension of fishing, within five days after receipt of a request from the Council, in areas where New England groundfish are spawning and areas where there are high concentrations of undersized New England groundfish. Sets forth notification requirements for affected fishermen if the amendment establishes a moratorium on the issuance of new permits authorizing participation in the New England groundfish fishery. Directs the Secretary, simultaneously with the issuance of regulations implementing a Plan amendment, to issue a schedule of civil penalties for violations of this Act relating to the New England groundfish fishery. Requires the Secretary to publish in the Federal Register a statement explaining why any part of the Council recommendation is not included in such schedule. Requires the Secretary, not later than one year after the effective date of the regulations implementing any Plan amendment, to review the actions taken by each State represented on the Council to implement the Plan amendment. Authorizes the Secretary to regulate fishing within State boundaries only if the Secretary complies with required exceptions to State jurisdiction. Declares that: (1) the Council shall not be required to approve, under the Magnuson Fishery Conservation and Management Act, a rebuilding program for New England groundfish; (2) the Secretary of Commerce shall not be required to take any action under such Act to prepare a program for the rebuilding of cod, yellowtail flounder, and haddock stocks in the northwest Atlantic Ocean; and (3) the Council and the Secretary of Commerce shall not be required to perform any other act pursuant to their functions under such Act, based upon any failure, before the enactment of this Act, of them to perform their functions under that Act. Requires the Secretary, not later than 12 months after the date of enactment of this Act, if requested by the Governor of a State represented on the Council, to enter into an agreement that authorizes the marine law enforcement of such State to perform duties of the Secretary relating to enforcement of the Plan. Requires such a agreement to provide, subject to appropriations, for reimbursement of the State for expenses incurred in detection and prosecution of violations of any fishery management plan. Directs the Commander of the First Coast Guard District to establish an informal fisheries enforcement working group to improve the overall compliance with and effectiveness of the regulations issued under the Plan. Requires the Secretary to use amounts under this Act attributable to fines and penalties for violations of the Plan to enforce that Plan. Authorizes the Secretary of State, in consultation with the Secretary, to enter into an international fishery agreement with Canada for the conservation and management of fisheries of mutual concern in the northwest Atlantic Ocean, with particular emphasis on transboundary stocks of groundfish and ensuring the success of New England groundfish restoration efforts. Sets forth required contents of such an agreement. Requires the Secretary of State, in consultation with the Secretary, to establish a consultative committee to assist in the development and implementation of a fishery agreement. Subjects such an agreement to congressional oversight of governing international fishery agreements. Requires the Secretary of State to annually report to the Congress describing the activities of the Secretary with respect to such agreement. Directs the Secretary, not later than 12 months after the date of enactment of this Act, to establish a program for: (1) promoting development of commercial fisheries and markets for underutilized species of the northwest Atlantic Ocean; (2) developing alternative fishing opportunities for participants in the New England groundfish fishery; and (3) providing technical support and assistance to U.S. fishermen and fish processors to make participation in fisheries for such underutilized species economically viable. Authorizes the Secretary to award contracts, grants, and other financial assistance for activities under the program. Requires owners or operators of fishing vessels permitted to participate in the New England groundfish fishery to temporarily surrender that permit during the duration of the assistance. Provides for funding such program. Directs the Council, in consultation with other appropriate Councils, to develop fishery management plans as soon as possible for any underutilized species of the northwest Atlantic Ocean that is not covered under such a plan, in order to prevent overfishing of that species. Requires the Secretary to include the restoration of New England groundfish stock in developing a strategic plan for fisheries research. Requires the Secretary to establish a research program at the Northeast Fisheries and Science Center of the National Marine Fisheries Service. Requires the program to include research into conservation gear engineering and technology, groundfish hatcheries and shore-based fish production facilities, and other appropriate activities. Requires the Secretary, acting through the General Counsel of the National Oceanic and Atmospheric Administration, to provide a detailed response to any written request from a Council for legal advice regarding whether a management measure or other regulation is consistent with this Act. Establishes a Fisheries Reinvestment Fund to be available, without fiscal year limitation, for research and development projects directed at rebuilding, revitalizing, and diversifying fisheries upon which coastal communities depend to meet social and economic needs. Provides for funding such Fund and sets forth criteria for eligible projects. Establishes an advisory panel to develop priorities for the program and review and make recommendations regarding projects to be selected for funding. Authorizes the Secretary to make grants from the Fund to support projects under the Fishery Conservation Amendments of 1990 (commonly referred to as the Saltonstall-Kennedy Act). Amends such Act to authorize the transfer of funds from the fund for fishery research and development to the Fisheries Reinvestment Fund for FY 1993 through 1997.
Bill· SS. 2845 (102nd)referred
United States · United States Congress · 12 June 1992
Direct Spending and Entitlement Program Accountability Act of 1992 - Requires, effective for FY 1994, funding for direct spending, including entitlement authority, to be: (1) subject to annual appropriations for each fiscal year; and (2) included in annual appropriations Acts. Prohibits, effective for FY 1994, direct spending authority, including entitlement authority, from being provided by law for more than two consecutive fiscal years. Provides that direct spending does not include Social Security.
Bill· SS. 2846 (102nd)referred
United States · United States Congress · 12 June 1992
Amends the Office of Federal Procurement Policy Act to direct the Administrator of General Services to prescribe regulations to ensure the participation of (except in specified circumstances) at least five historically Black colleges and universities and nonprofit organizations owned and controlled by Black Americans in research and development (R&D) activities conducted with Federal funds by executive agencies. Outlines the requirements to be imposed on executive agencies through such regulations, including the requirement that each such agency reserve a specified percent of its FY 1993 through 1996 appropriations for R&D activities to be conducted by the Black colleges it must designate under this Act as federally funded R&D centers. Increases such set-aside on a graduated basis for such fiscal years. Directs the Comptroller General to study and report to the Congress annually on the activities of executive agencies in carrying out this Act.
Bill· SS. 2838 (102nd)referred
United States · United States Congress · 11 June 1992
Honest Balanced Budget Act - 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. Prohibits, for FY 1994 and each fiscal year thereafter, the outlays of the operating segment of the United States budget from exceeding receipts. Requires, when such outlays exceed receipts, that the deficit be eliminated through revenue increases or spending reductions. Authorizes the waiver of such provisions in the case of war, recession, or natural disaster if the President requests such waiver and the Congress approves by a vote of three-fifths of the membership in both Houses. Requires that operating segment deficit spending subject to a waiver be paid for in full in the budget of the following fiscal year. Requires the budget, excluding trust funds, to be balanced by FY 1998 and each fiscal year thereafter. Requires the President and the Congress: (1) beginning in FY 1995 to develop and implement a plan to so balance the budget; and (2) after balancing the budget to pay down the debt to a reasonable level over a set period of time in order to reduce annual interest costs. Allows a waiver of such budget plan in the case of war, recession, or natural disaster if the President requests such waiver and the Congress approves by a vote of three-fifths of the membership in both Houses. Requires deficit spending subject to such waiver to be paid for in full in the budget of the following fiscal year. Requires the restoration of the statutory debt level within 24 months after the date of such waiver or suspension. Prohibits the Senate or the House of Representatives from considering any bill, resolution, amendment, or conference report that would: (1) cause outlays to exceed receipts; (2) change any provision of this Act; or (3) increase the statutory debt limit after December 31, 1998. Allows a waiver or suspension of such prohibitions in the Senate or the House only by an affirmative vote of three-fifths of the Members. Requires the President to submit a budget for FY 1994 to comply with the requirements of this Act. Requires the Congress to return a budget not in compliance to the President with a letter of reprimand and a request for a new budget. Declares it to be the policy of the United States that: (1) not later than December 31, 1993, the Congress amend the Internal Revenue Code to establish a special interest and debt retirement account dedicated to the reduction of interest and the public debt, to be activated by the President if necessary; (2) any revenues collected for interest and debt retirement be especially titled so that citizens may be aware of their purpose; (3) any revenues collected for interest and debt retirement be deposited in a separate trust fund account; (4) the trust fund be used only for the reduction of interest and the retirement of the public debt; (5) the Secretary of the Treasury administer such account with the advice of a bipartisan board; and (6) any special dedicated interest and debt retirement tax expire upon the elimination of the public debt to a specified target level.
Law· HRH.R. 5377 (102nd)enacted
United States · United States Congress · 11 June 1992
Cash Management Improvement Act Amendments of 1992 - Amends the Cash Management Improvement Act of 1990 (the Act) to remove the two-year deadline for the Secretary of the Treasury to prescribe regulations for the timely disbursement of Federal funds. Extends the deadline for the Secretary to enter into agreements with States for intergovernmental financing and to prescribe regulations for such financing from October 24, 1992, until July 1, 1993, or by the first day of a fiscal year of the State which begins in 1993, whichever is later. Makes the Act effective on such date. Extends for one year the report to the Congress by the Comptroller General on the implementation of such Act.
Law· HRH.R. 5373 (102nd)enacted
United States · United States Congress · 11 June 1992
Energy and Water Development Appropriations Act, 1993 - Title I: Department of Defense - Civil - Makes appropriations for FY 1993 for: (1) authorized civil functions of the Department of the Army relating to rivers and harbors, flood control, and beach erosion; (2) expenses necessary for the collection and study of basic information pertaining to river and harbor, flood control, shore protection, and related projects, restudy of authorized projects, miscellaneous investigations, and when authorized, surveys, detailed studies, plans, and specifications of projects prior to construction; (3) the prosecution of authorized river and harbor, flood control, shore protection, and related projects, and detailed studies, plans, and specifications of projects authorized or made eligible for selection by law; (4) expenses necessary for prosecuting work of flood control and rescue work, repair, restoration, or maintenance of flood control projects threatened or destroyed by flood, as authorized by law; (5) expenses necessary for the preservation, operation, maintenance, and care of existing river and harbor, flood control, and related works, including such sums as necessary for the maintenance of harbor channels, and serving essential needs of general commerce and navigation, surveys and charting of northern and northwestern lakes and connecting waters, clearing and straightening channels, and removing obstructions to navigation; (6) expenses necessary for the administration of laws pertaining to regulation of navigable waters and wetlands; (7) expenses necessary for emergency flood control, hurricane, and shore protection activities; and (8) expenses necessary for general administration and related functions in the office of the Chief of Engineers and offices of the Division Engineers, and activities of the Board of Engineers for Rivers and Harbors, the Coastal Engineering Research Board, the Humphreys Engineers Center Support Activity, and the Water Resources Support Center. Title II: Department of the Interior - Makes appropriations for FY 1993 to the Department of the Interior for: (1) the Bureau of Reclamation; (2) engineering and economic investigations of proposed Federal reclamation projects and studies of water conservation and development plans and activities preliminary to the reconstruction, rehabilitation and betterment, financial adjustment, or extension of existing projects; (3) construction and rehabilitation of projects and parts thereof (including power transmission facilities for Bureau use) and for other related activities as authorized by law; (4) operation and maintenance of reclamation projects or parts thereof and other facilities, as authorized, and for a soil and moisture conservation program on lands under the jurisdiction of the Bureau; (5) the cost of direct loans and/or grants as authorized by the Small Reclamation Projects Act and for administrative expenses to carry out the loan/grant program; (6) necessary expenses of general administrative and related functions in the office of the Commissioner, the Denver office, and offices in the five regions of the Bureau; and (7) the Emergency fund. Sets forth provisions: (1) with respect to special funds from which sums derived from the reclamation fund or special fee account are appropriated; and (2) limiting the use of appropriations for the Bureau to the purchase of not more than 17 passenger motor vehicles for replacement only, payment of claims for damages to or loss of property, personal injury, or death arising out of Bureau activities, rewards for information or evidence concerning violations of law involving Bureau property, and other specified purposes. Makes appropriations under this and subsequent Energy and Water Development Appropriations Acts available for expenditure or transfer, with the approval of the Secretary of the Interior, for the emergency reconstruction, replacement, or repair of aircraft, buildings, utilities, or other facilities or equipment damaged, rendered inoperable, or destroyed by fire, flood, storm, drought, or other unavoidable causes, subject to specified limitations. Allows the Secretary to authorize the expenditure or transfer of appropriations in this title and in subsequent Energy and Water Development Appropriations Acts, in addition to the amounts included in the budget programs of the several agencies, for the suppression or emergency prevention of forest or range fires on or threatening lands under the jurisdiction of the Department. Makes available appropriations for: (1) the operation of warehouses, garages, shops, and similar facilities, wherever consolidation of activities will contribute to efficiency or economy, subject to reimbursement of funds; and (2) hire, maintenance, and operation of aircraft, hire of passenger motor vehicles, and other specified purposes. Authorizes the Bureau to invite non-Federal entities involved in cost sharing arrangements for the development of water projects to participate in contract negotiation and source selection proceedings without invoking provisions of the Federal Advisory Committee Act. Title III: Department of Energy - Makes appropriations for FY 1993 to the Department of Energy (DOE) for: (1) expenses of DOE activities, including the purchase, construction, and acquisition of plant and capital equipment and other incidental expenses necessary for energy supply, research and development activities, and other activities in carrying out the purposes of the Department of Energy Organization Act; (2) expenses in connection with DOE operating expenses and the purchase, construction, and acquisition of plant and capital equipment and other incidental expenses necessary for uranium supply and enrichment activities; (3) expenses of activities, including the purchase, construction, and acquisition of plant and capital equipment and incidental expenses necessary for general science and research activities; (4) nuclear waste disposal activities, including the acquisition of real property or facility construction or expansion; (5) expenses of activities, including the purchase, construction, and acquisition of plant and capital equipment and incidental expenses for atomic energy defense weapons, new production reactor, environmental restoration and waste management, and defense materials production activities; (6) salaries and expenses of DOE necessary for departmental administration; (7) necessary expenses of the Office of Inspector General; (8) necessary expenses of operation and maintenance of projects in Alaska and of marketing electric power and energy; (9) necessary expenses of operation and maintenance of power transmission facilities and of marketing electric power and energy pursuant to the Flood Control Act of 1944, as applied to the southeastern and southwestern areas; (10) necessary expenses of construction, rehabilitation, operation, and maintenance, with respect to Western Area Power Administration; and (11) necessary expenses of the Federal Energy Regulatory Commission. Establishes the Department of Energy Superconducting Super Collider (SSC) Trust Fund to be used for costs incurred in the design and construction of the SSC. Prohibits the use of funds appropriated for DOE for FY 1993 to implement the reconfiguration of non-nuclear activities until the Secretary of Energy submits specified cost-benefit analysis information to the Committees on Appropriations. Specifies that: (1) revenue received from the disposition of isotopes and related services shall be credited to the Isotope Production and Distribution Program Fund; (2) expenditures from the Bonneville Power Administration Fund are approved for specified fish hatcheries, fish screens, and fish sampling facilities; the purchase, maintenance, and operation of two rotary-wing aircraft for replacement only; and official reception and representational expenses; and (3) appropriations for DOE under this title and in subsequent Energy and Water Development Appropriations Acts for the current fiscal year shall be available for hire of motor vehicles, hire, maintenance, and operation of aircraft, purchase, repair, and cleaning of uniforms, and reimbursement to the General Services Administration for security guard services. Sets forth provisions with respect to the transfer of funds and transfers of unexpended balances. Directs the Secretary, to the fullest extent possible, to ensure: (1) that at least ten percent of Federal funding for the development, construction, and operation of the Superconducting Super Collider be made available to business concerns or other organizations owned or controlled by socially and economically disadvantaged individuals; and (2) significant participation in such development, construction, and operation by socially and economically disadvantaged individuals. Title IV: Independent Agencies - Makes appropriations for FY 1993 for necessary expenses: (1) to carry out the program authorized by the Appalachian Regional Development Act of 1965, for the Federal Cochairman and the alternate on the Appalachian Regional Commission, and for payment of the Federal share of the Commission's administrative expenses; (2) of the Defense Nuclear Facilities Safety Board; (3) to carry out the functions of the U.S. member of the Delaware River Basin Commission and payment of the U.S. share of the current expenses of the Commission; (4) of the Nuclear Regulatory Commission; (5) of the Office of Inspector General; (6) of the Nuclear Waste Technical Review Board; and (7) to carry out the functions of the U.S. member of the Susquehanna River Basin Commission and payment of the U.S. share of the Commission. Appropriates funds: (1) to enable the Secretary of the Treasury to pay in advance to the Interstate Commission on the Potomac River Basin the Federal contribution toward the expenses of the Commission during the current fiscal year; and (2) for the purpose of carrying out provisions of the Tennessee Valley Authority Act of 1933. Title V: General Provisions - Sets forth specified restrictions on the use of appropriated funds, including: (1) barring the programs, projects, or activities defined in the report accompanying this Act from being eliminated or disproportionately reduced due to the application of "savings and slippage" provisions, unless such report expressly provides otherwise; and (2) limiting the expenditure of appropriations for any consulting service through a procurement contract to contracts where such expenditures are a matter of public record and available for public inspection, with exceptions.
Bill· HRH.R. 5388 (102nd)referred
United States · United States Congress · 11 June 1992
Title I: Amendment to Title 31, United States Code - Requires any budget submitted by the President for FY 1995 through 1998 to be a budget for that fiscal year and the four ensuing fiscal years that permits no more than a four percent growth in budget authority and outlays, and provides for a balanced budget for FY 1999 and subsequent years. Requires any budget submitted after FY 1999 to provide for a balanced budget for that fiscal year and the four ensuing years. Title II: Amendment to Congressional Budget Act of 1974 - Amends the Congressional Budget Act of 1974 to require any concurrent resolution on the budget for FY 1995, through 1998 to set forth appropriate levels for the fiscal year beginning on October 1 of the calendar year in which it is reported and for each of the four ensuing fiscal years that provides for a budget permitted no more than a four percent growth in budget authority and outlays, and provides for a balanced budget for FY 1999 and subsequent years. Provides procedural rules for the House of Representatives and the Senate. Title III: Effective Date - Makes this Act effective for the concurrent resolution on the budget for FY 1995 and requires it to be fully reflected in the President's budget for FY 1995.
Bill· HRH.R. 5387 (102nd)referred
United States · United States Congress · 11 June 1992
Biennial Budget Act - Amends the Congressional Budget Act of 1974 to revise the Federal and congressional budget processes by establishing a two-year budgeting and appropriations cycle and timetable, beginning in the 103d Congress. Defines the budget biennium as the two consecutive fiscal years beginning on October 1 of any odd-numbered year. Devotes the first session of any Congress to the budget resolution and to appropriations decisions, retaining current deadlines in most cases. Changes relevant deadlines as follows to conform to the biennial scheme: (1) from April 1 to March 31 for the Senate Budget Committee's report on the concurrent resolution on the budget; (2) from June 15 to September 30 for completion of congressional action on reconciliation legislation; and (3) from June 30 to September 30 for completion of congressional action on appropriations bills. Devotes each second session to authorization activity, subject to deadlines of: (1) May 15 for the submission of the Congressional Budget Office (CBO) report to the Budget Committees; and (2) the last day of the session for completion of congressional action on bills and resolutions authorizing new budget authority for the next biennium. Changes from January 15 to February 15 of each year the date by which the CBO Director must submit to the Congress a report on authorizations. Requires the Director of the CBO to issue four-year projections of congressional budget action. (Current projections are on a five-year basis.) Amends provisions relating to the reconciliation process to: (1) increase from 20 to 100 hours the time of debate permitted in the Senate with respect to reconciliation measures; and (2) make it out of order in both the House and the Senate to consider any reconciliation legislation changing any provision of law other than one relating to new budget or spending authority, revenues, or the public debt limit. Revises the extent of projections to be included in CBO analyses of reported bills. Requires the budget submitted to the Congress by the President to be set forth in the same accounts which are set forth in the table entitled "The Federal Program by Agency and Account" contained in the budget submitted for FY 1991. Requires any changes in the table of accounts for a biennium to be made only in consultation with the Committees on Appropriations, the Committees on the Budget, and the committees having legislative jurisdiction over affected programs or activities. Conforms provisions governing the President's budget to the biennial framework. Changes the due date for the President's report on estimated budget outlays and proposed budget authority, making the report due at the same time as the President's budget. Requires the Joint Economic Committee to submit its evaluation of these estimates by February 25 of each odd-numbered year. (The current annual deadline is March 1.) Directs the heads of Federal executive agencies, the Comptroller General, and the Directors of the Congressional Budget Office, the Office of Technology Assessment, and the Congressional Research Service to provide studies, analyses, reports, and other documentation concerning program administration to assist the standing committees of the House and the Senate having jurisdiction over the programs in question. Amends the Rules of the House of Representatives to conform to the biennial framework.
Bill· HRH.R. 5390 (102nd)referred
United States · United States Congress · 11 June 1992
Amends the Internal Revenue Code to allow an investment tax credit for domestically produced new business property of ten percent of the qualified investment in such property. Describes such property as: (1) tangible personal property (other than an air conditioning or heating unit); (2) certain other tangible property (not including a building and its structural components); (3) single purpose agricultural or horticultural structures; or (4) a storage facility (not including a building and its structural components) used in connection with the distribution of petroleum or primary petroleum products. Requires such property to be depreciable.
Bill· HRH.R. 5378 (102nd)referred
United States · United States Congress · 11 June 1992
Turbo Enterprise Zone Act - Provides for the waiver of Federal income, employment, self-employment, and excise taxes and State, county, and local jurisdiction taxes on qualified residents and qualified businesses in Los Angeles turbo enterprise zones during a five-year period. Describes such zones as any area in the County of Los Angeles designated as being: (1) significantly and adversely affected by the rioting which occurred on or about May 1, 1992; (2) afflicted with unemployment estimated to exceed 30 percent; (3) subject to severe economic blight as measured by per capita income and the number of persons below the Federal poverty level; and (4) nonproductive of material tax revenues to the city, county, State, or Federal governments. Provides for an extension of such period if necessary. Limits any extension to six years. Expresses the sense of the Congress that California, the County of Los Angeles, and local governments within the County having jurisdiction over areas significantly and adversely affected by unemployment, gang violence, riots, and looting should take immediate steps to eliminate all taxes on qualified residents and qualified businesses for such five-year period. Authorizes other geographic areas to apply for such five-year waiver. Suspends the treatment of any deduction, credit, or capital loss carryover during such period. Allows a turbo enterprise zone employment credit equal to the applicable percentage of qualified first-year wages to a qualified productive business that: (1) is engaged in the manufacture or production of any tangible personal property in a turbo enterprise zone for use outside such a zone; or (2) is providing services performed outside such a zone by a qualified residents. Limits such credit to $1,000 for the first-year wages paid to an employee. Makes such credit applicable to qualified residents of a turbo enterprise zone who are hired during the five-year period. Make such credit a part of the general business credit.
Bill· HRH.R. 5380 (102nd)referred
United States · United States Congress · 11 June 1992
Foreign Aid Impact Assessment Act - Requires the President to submit to the Congress, by December 31, 1993, and December 31 of each third year thereafter, a report analyzing the impact and effectiveness of U.S. economic assistance provided during the preceding three fiscal years. Directs that such report include for each recipient country: (1) an analysis of the impact of such assistance on the country's economic development, including a description of the specific objectives sought and the extent to which they were not achieved and why; (2) a description of the amount and nature of the assistance provided by other donors during that period; (3) a discussion of the commitment of the host government to addressing the country's needs in each development sector; (4) a description of the trends in each sector; (5) statistical and other information necessary to the evaluation; and (6) a comparison of the analysis provided in the report with relevant analyses by international or nongovernmental organizations or donor countries. Requires that each report: (1) be submitted to the Congress as a separate document; and (2) identify those countries in which economic assistance has been most and least successful, explain why the assistance was not more successful, and specify what the United States has done as a result.
Resolution· HRESH.Res. 482 (102nd)passed
United States · United States Congress · 11 June 1992
Sets forth the rule for the consideration of H.R. 5055 (authorization of appropriations for the Coast Guard).
Bill· SS. 2831 (102nd)referred
United States · United States Congress · 10 June 1992
Water Pollution Control and Estuary Restoration Financing Act of 1992 - Amends the Federal Water Pollution Control Act to extend the authorization of appropriations for the State water pollution control revolving fund program through FY 1999. Requires a specified percentage (increasing with each succeeding fiscal year) of such appropriations to be used by the Administrator of the Environmental Protection Agency to make capitalization grants for estuary plans to qualified States. Requires States to submit estimates of the need for assistance for implementing and monitoring such plans. Prohibits the submission of such estimates unless the estimates are approved by the appropriate management conference under the National Estuary Program. Makes States that fail to submit approved estimates ineligible for assistance. Directs States to establish separate Estuary Accounts in their water pollution control revolving funds, to be used for implementing approved estuary plans. Permits loans made with amounts in such Accounts to be for terms of up to 40 years or for the useful life of a facility constructed with the loan, whichever is less, if the borrower demonstrates financial hardship. Allows States to use interest earned on amounts in such Accounts to subsidize up to 90 percent of the principal portion of debt service of certain entities that are financially unable to carry out a necessary project for an estuary plan. Establishes a State matching requirement for deposits into Accounts. Authorizes the Administrator to make grants for the implementation of estuary conservation and management plans. Limits the Federal share to 75 percent of the total cost of implementation. Authorizes appropriations. Permits certain grants under the National Estuary Program to be used for interim actions adopted by management conferences to protect the water and sediment quality of estuaries. Extends the authorization of appropriations for management conferences, grants, conservation and management plans, and research under the National Estuary Program through FY 1999. Revises provisions concerning the purposes of management conferences. Directs the Administrator to issue a guidance document that establishes requirements for: (1) management conferences to follow in developing, implementing, and monitoring conservation and management plans; and (2) approving and implementing interim actions to protect water quality of estuaries for which plans are developed. Requires management conferences to be convened for periods of at least five years (currently, up to five years). Permits the extension of a conference for an additional five years if the affected Governors concur in the extension and the extension is necessary to meet requirements. Revises approval and implementation procedures for estuary conservation and management plans and establishes such procedures for interim actions.
Law· HRH.R. 5368 (102nd)enacted
United States · United States Congress · 10 June 1992
Title I: Multilateral Assistance - Makes appropriations for FY 1993 for the U.S. contribution to the: (1) International Bank for Reconstruction and Development (World Bank); (2) International Development Association; (3) International Finance Corporation; (4) Inter-American Development Bank; (5) Asian Development Bank; (6) Asian Development Fund; (7) African Development Fund; (8) European Bank for Reconstruction and Development (EBRD); and (9) the Enterprise for the Americas Investment Fund. Makes appropriations for FY 1993 for international programs and organizations. Limits the callable capital portion of the U.S. share of increases in the stock of the World Bank, the Inter-American Development Bank, the Asian Development Bank, and the EBRD. Title II: Bilateral Economic Assistance - Makes appropriations for FY 1993 for: (1) development assistance (including development assistance for Subsaharan Africa); (2) capital and infrastructure assistance activities; (3) the cost of direct loans and loan guarantees of funds derived from the Negative Subsidy Special Fund; (4) American schools and hospitals abroad; (5) international disaster assistance; (6) the Foreign Service Retirement and Disability Fund; (7) operating expenses of the Agency for International Development (AID) and the AID Office of Inspector General; (8) worldwide housing guarantees and for administrative expenses of such program; (9) the cost of modifying specified concessional loans and assets acquired by the Commodity Credit Corporation; (10) economic support fund assistance; (11) economic assistance to the Philippines; (12)economic assistance for Eastern Europe; (13) humanitarian and technical assistance to the former republics of the Soviet Union; (14) the African Development Foundation; (15) the Inter-American Foundation; (16) Overseas Private Investment Corporation (OPIC) direct and guaranteed loans, equity investment, and OPIC administrative expenses; (17) the Peace Corps (prohibits the use of such funds for abortions); (18) international narcotics control; (19) migration and refugee assistance, salaries and expenses authorized by the Foreign Service Act of 1980, and specified allowances and the hire of passenger motor vehicles; (20) the Emergency Refugee and Migration Assistance Fund; and (21) antiterrorism assistance. Title III: Military Assistance - Makes appropriations for FY 1993 for: (1) international military education and training; (2) foreign military financing and direct loans; and (3) international peacekeeping operations. Permits the procurement of defense articles and services or design and construction services not sold by the U.S. Government only by countries for which assistance was justified for the foreign military financing program in the FY 1989 congressional presentation for security assistance programs. Directs the Department of Defense, as requested by the Defense Security Assistance Agency, to conduct audits of private firms whose contracts are made directly with foreign governments and are financed with funds made available for foreign military financing grants or loans. Limits the amount of funds obligated for: (1) necessary expenses of the foreign military financing grant program; and (2) the Special Defense Acquisition Fund. Amends the Arms Export Control Act to redesignate the Guaranty Reserve Fund as the Foreign Military Loan Liquidating Account. Title IV: Export Assistance - Prohibits the use of Export-Import Bank funds for nuclear exports to a non-nuclear weapon state. Makes appropriations for FY 1993 for: (1) subsidizing gross obligations for the principal amount of direct loans, tied-aid grants, and total loan principal under Export-Import Bank programs; (2) administrative expenses to carry out the Bank's direct and guaranteed loan and insurance programs; and (3) the Trade and Development Program. Title V: General Provisions - Prohibits the use of funds appropriated in this Act (other than funds appropriated for international organizations and programs) for any water or related land resource project which has not met specified standards or criteria for such projects proposed for construction in the United States. Prohibits using funds made available pursuant to this Act for: (1) retirement pay for any person serving in the armed forces of any recipient country; (2) procurement contracts which do not authorize the termination of such contract for the convenience of the United States; or (3) paying any assessments, arrearages, or dues of any member of the United Nations. Prohibits using any of the funds appropriated in title II of this Act to carry out the transfer of funds to international or multilateral lending institutions. Limits the amount of funds made available under this Act to be used for: (1) official residence expenses, entertainment expenses, and representation allowances of AID; (2) entertainment expenses and representation allowances for foreign military financing programs, the Inter-American Foundation, and the Trade and Development Program; and (3) entertainment expenses for international military education and training programs and the Peace Corps. Prohibits the use of funds made available under this Act (other than funds for international organizations and programs) to finance the export of nuclear equipment, fuel, or technology. Prohibits the use of funds made available under this Act to: assist any foreign government in repressing the legitimate rights of its population; (2) finance assistance or reparations to Cuba, Iraq, Libya, Vietnam, Iran, or Syria; or (3) finance assistance to any country whose elected head of government is deposed by military coup. Prohibits the transfer of funds made available under this Act to other accounts unless the President provides a policy justification to the Appropriations Committees. Continues the availability of certain AID funds and funds for foreign military financing under the Arms Export Control Act, provided the Appropriations Committees are notified. Prohibits appropriations under this Act from remaining available after expiration of the current fiscal year, except as provided in this Act. Prohibits the use of funds made available under this Act to: (1) assist a country in default for more than a year on a loan under a program for which funds are appropriated under this Act (exempts from such prohibition funds for Nicaragua and for narcotics-related assistance for Colombia, Bolivia, and Peru); (2) be made available to any international financial institution whose U.S. representative cannot obtain the amounts and names of borrowers of all loans of such institution; or (3) be made available to any international financial institution whose U.S. representative cannot obtain any document developed by or in the possession of the management, unless such representative certifies that the confidentiality of information is essential to the institution's operation. Sets forth congressional notification requirements for the obligation of funds. Limits expenditures for consulting services through procurement contracts. Prohibits the use of funds appropriated under this Act to lobby for abortion. Prohibits the use of development assistance funds to pay for: (1) abortions or involuntary sterilizations as a method of family planning or to motivate or coerce any persons to practice abortions or undergo sterilization; or (2) any biomedical research concerning abortions or involuntary sterilization as a method of family planning. Reaffirms the congressional commitment to population, development assistance and the need for informed voluntary family planning. Authorizes funds for development and economic support assistance to be made available for humanitarian assistance to the Afghan people. Prohibits funds made available by this Act for a private voluntary organization which fails to provide records necessary for an AID audit. Allows earmarked funds to be reprogrammed for other programs within the same account if: (1) compliance with the earmark is made impossible by any Act; or (2) with respect to countries with which the United States has base agreements, the President determines that the recipient of funds has reduced its military or economic cooperation with the United States. Sets forth notification requirements for the reprogramming of such funds. Authorizes development and economic support assistance to be made available for humanitarian assistance for Cambodians. Amends the Foreign Assistance Act of 1961 to set forth the value of additions to stockpiles for FY 1992 and 1993. Extends the period during which the President may waive prohibitions on assistance to Pakistan to April 1, 1994. Authorizes development and economic support assistance funds to be made available for Lebanon. Permits funds appropriated by title II of this Act for activities relating to research on, and treatment and control of, acquired immune deficiency syndrome or for supporting specified programs to reduce emissions of greenhouse gases to be obligated notwithstanding restrictions on assistance to foreign countries.
Bill· HRH.R. 5362 (102nd)referred
United States · United States Congress · 10 June 1992
General Aviation Standards Act of 1989 - Amends the Federal Aviation Act of 1958 (with respect to aviation accident investigations) to apply such Act, with specified exceptions, to any action for damages for harm arising out of a general aviation accident brought against a manufacturer, owner, or operator of a general aviation aircraft, or a person who supports, repairs, or maintains such aircraft or any other person or governmental entity. Establishes guidelines for uniform standards of liability of general aviation manufacturers for such accidents. States that all actions for harm arising out of a general aviation accident shall be governed by the principles of comparative responsibility. Establishes, with specified exceptions, a limitation of actions period of 12 years from delivery of aircraft or harm-causing part to the purchaser for general aviation civil liability brought against a general aviation manufacturer. Declares admissible as evidence certain income tax and payroll tax liability for purposes of establishing financial harm arising out of a general aviation accident. Permits the award of punitive damages if a claimant establishes by clear and convincing evidence that the harm suffered was the direct result of conduct manifesting conscious, flagrant indifference to safety. Establishes a two-year limitation of actions period for actions arising out of such an accident. Confers original jurisdiction upon the Federal district courts, concurrently with State courts, for all civil actions for harm arising out of a general aviation accident. Provides procedures for removal from State to Federal district courts of such actions. Declares that this Act supersedes any State law regarding recovery of damages for harm arising out of a general aviation accident. Declares the intent of the Congress that sanctions be strictly enforced for violations of Rule 11 of the Federal Rules of Civil Procedure, including orders to pay to the other party the reasonable costs of legal fees. Requires the Secretary of Transportation to report to the Congress, within one year after the date of enactment of this Act, the results of a study determining whether persons awarded damages for general aviation accidents under this Act are unable to collect such damages, and the amount of any uncollectible damages.
Bill· SS. 2817 (102nd)referred
United States · United States Congress · 9 June 1992
National Health Care Act of 1992 - Title I: National Health Care Program - Establishes a national health care program involving payments to States for State programs that provide covered services to individuals. Provides for approval or disapproval of State programs by the Administrator of the National Health Care Administration (established under title IV of this Act). Makes eligible for enrollment an individual who: (1) maintains a primary residence in the State; and (2) is a U.S. citizen or national, a lawful resident alien, or an eligible alien nonimmigrant. Requires each State program to provide an enrollment mechanism, including: (1) a process for automatic enrollment at birth or immigration; and (2) issuance of a card for identification and claims processing. Provides for portability of coverage and reimbursement. Title II: Benefits and Provision of Services - Subtitle A: Scope of Services - Declares that covered services are all medically necessary services, except as provided, that contribute to the physical, mental, or psychosocial health of an individual or family. Lists included and excluded services. Prohibits States from limiting covered services on the basis of preexisting conditions. Sets forth eligibility criteria for: (1) long-term care services; (2) hospice care services; and (3) services provided in schools, work places, and assisted living programs. Allows State programs to provide, at non-Federal expense, additional services not specifically excluded. Prohibits duplicative private insurance. Allows private insurance for uncovered services. Subtitle B: Provision of Services - Requires States to: (1) include procedures for certification and licensing of participating health care providers; (2) regulate providers and ensure compliance with quality assurance standards, consumer protection standards, and other Federal and State law; and (3) debar providers from payment for repeated violations or convictions for an offense involving medical malpractice. Allows State programs to implement innovative delivery systems. Requires State approval or disapproval of health plans as Integrated Health Service Plans (IHSPs). Defines an IHSP as a nonprofit, consumer-controlled health plan that provides all covered services and operates as a single organization in the health care facilities of the organization. Mandates establishment of State long-term care coordination agencies (LTCCAs) to ensure a continuum of care. Makes LTCCAs responsible for screening all potential long-term care recipients and authorizing services. Sets forth requirements for the services provided. Applies specified provisions of title XVIII (Medicare) of the Social Security Act to this Act. Prohibits discrimination in the provision of services on the basis of race, color, religion, sex, national origin, age, health condition, sexual preference, income, language, or geographic residence in an urban or rural area within the State. Title III: Revenue - Subtitle A: Budget Process - Requires the Administrator to annually establish a national health budget and, for each State, a State health budget. Specifies factors on which State budgets must be based, including population and price differences. Prohibits expenditures in the national budget from exceeding expenditures for the preceding year, adjusted by the percentage increase in the gross national product. Requires inclusion of amounts in national and State budgets for capital expenditures and direct medical education expenses. Subtitle B: Payments to Health Care Providers - Requires State programs: (1) to provide for a timely and administratively simple mechanism for provider payment; (2) in order to avoid fragmented care and promote a continuum of services, to develop financial incentives in payment methods; (3) to limit acquisition of highly specialized or expensive medical equipment; and (4) to establish schedules and incentives to encourage the provision of services in rural and health professional shortage areas. Requires providers who receive program payments to accept the amount recognized under the State program as payment in full. Requires: (1) payment for institutional care through annual prospective budgeting; and (2) each hospital to receive prospectively a global budget developed through negotiations. Allows hospitals to raise private funds. Requires subsidies in health professional shortage areas. Allows: (1) States to determine whether to pay other health care facilities by prospective global budget or per capita fee; and (2) per diem reimbursement for certain services. Requires subsidies for rural essential facilities. Requires that payment to individual providers be on a fee-for-service basis based on State-established (after negotiations) payment schedules and on a national relative value scale. Allows alternative payment mechanisms not exceeding the standard method. Allows group practices to elect to be paid prospectively on a per capita basis. Requires payment to IHSPs (except for inpatient and hospital services) to be paid prospectively on a per capita basis or by a negotiated global budget, as determined by the State agency. Requires the head of each State agency to establish a State Payment Grievance Board, allowing use by providers denied payment and to consumers for whom a provider has determined that a requested service is not medically necessary. Subtitle C: Sources of Revenue - Amends the Internal Revenue Code to increase individual, estate and trust, corporate, and minimum tax rates. Increases tax rates on, and imposes taxes on floor stocks of, cigarettes, distilled spirits, certain wines, and beer. Imposes additional: (1) payroll taxes on employees and employers; and (2) taxes on self-employment income. Makes similar changes to railroad retirement tax provisions. Provides for the treatment of: (1) the applicable contribution base; and (2) certain State and local employees. Terminates certain hospital insurance taxes currently applicable to employees, employers, and self-employed individuals. Imposes a tax equal to the amount an employer would have paid for individual or family coverage of retired employees under group health plans in existence on a specified date. Terminates the tax after 2012. Excludes from gross income amounts received for injuries or sickness through the national program (currently, through accident or health insurance). Terminates the exclusion from gross income of amounts received through such insurance. Repeals provisions excluding from gross income employer-provided accident or health plan coverage. Removes provisions specifying the circumstances in which a cafeteria plan shall not be treated as discriminatory. Replaces provisions regarding health insurance costs of self-employed individuals with provisions allowing a deduction for employer expenses for on-site employee first aid. Repeals provisions: (1) allowing deductions for medical expenses; and (2) relating to the provision by pension or annuity plans of medical benefits for retired employees and their spouses and dependents. Terminates the deduction for health insurance which includes at least one child. Increases the portion of social security benefits and tier 1 railroad retirement benefits which must be included in gross income. Reduces related income thresholds. Mandates a national health care program premium for persons over 64 years old, determined according to certain provisions of title XVIII (Medicare) of the Social Security Act plus a specified amount. Reduces the premium for low-income persons. Makes each State responsible for establishing a financing program for the State program. Declares that, notwithstanding any other provision of this Act, no individual is eligible for services under this Act unless the State of residence makes available amounts, determined under a specified formula, in addition to State health block grant funds. Requires each State to make available all State health block grant funds, including funds made available under title V (Maternal and Child Health Services Block Grants) of the Social Security Act. Requires each State program to impose cost-sharing for specified services, except for low-income consumers. Establishes the National Health Care Trust Fund (Fund) and transfers to it: (1) the additional revenues resulting from this Act; and (2) unobligated amounts in the Federal Hospital Insurance Trust Fund and the Federal Supplementary Medical Insurance Trust Fund. Authorizes additional appropriations. Authorizes and appropriates payments to each State. Declares that amounts in the Fund shall be available for grant programs relating to health care services. Prohibits inclusion of the receipts and disbursements of the Fund and the additional taxes resulting from this Act in the Federal budget and exempts such amounts from any general budget limit. Title IV: Administration - Subtitle A: Federal Administration - Establishes a National Health Care Administration as an independent establishment, mandating an Administrator appointed by the President with the advice and consent of the Senate. Mandates establishment, directly or through grants or contracts, of ombudsman programs, complaint hotlines, and consumer and provider information and education programs. Establishes a national health care data base, requiring it to include information on the quality, effectiveness, utilization, and cost of covered services. Establishes the National Health Board to advise the Administrator. Requires appointment of the Board by the President, with the advice and consent of the Senate. Establishes the National Council on Quality Assurance and Consumer Protection to conduct studies and oversight and prepare recommendations. Authorizes appropriations. Establishes the Medical Malpractice Commission to conduct a study and prepare recommendations. Authorizes appropriations. Amends title XI (General Provisions and Peer Review) of the Social Security Act to require that utilization and quality control peer review organizations be composed of: (1) health care providers (currently, doctors of medicine and osteopathy) engaged in providing covered services under this Act (currently, engaged in the practice of medicine or surgery); and (2) health care providers representative of the groups of health care providers providing services under the Act, with no group providing a majority. Requires such organizations to make recommendations regarding quality assurance standards under this Act. Establishes Peer Review Organization Consumer Boards (Consumer Boards) within geographic regions specified by the Administrator to: (1) conduct annual evaluations of such peer review organizations, including making recommendations for awards of contracts; and (2) carry out consumer education programs. Authorizes appropriations. Replaces certain references to titles XVIII (Medicare) and XIX (Medicaid) of the Social Security Act, or to the Social Security Act as a whole, with references to this Act. Establishes the Public Health Functions and Activities Commission to study and report to the Administrator regarding: (1) public health functions and activities that should remain separate from the national health care program; and (2) integration of public health program into the national health care program. Authorizes appropriations. Requires provision on a regional basis, directly or through contracts, of technical assistance centers. Subtitle B: State and Local Administration - Requires a State to designate a State agency (agency) to be the sole State agency to carry out the State program under this Act. Requires each: (1) agency to establish a State planning board; and (2) State to establish local planning boards. Title V: Transition and Relationship to Other Programs - Repeals titles XVIII (Medicare) and XIX (Medicaid) of the Social Security Act. Repeals certain provisions of Federal law concerning: (1) the Civilian Health and Medical Program of the Uniformed Services (CHAMPUS); (2) medical care and medical facilities relating to veterans; and (3) Federal employees' health benefits. Requires provision of covered services to eligible individuals not enrolled in the program through the Indian Health Service in lieu of health services provided by the Service on the date of enactment of this Act. Mandates grants to States planning and developing State programs. Authorizes appropriations. Requires a study of strategies for accomplishing transitions under this Act. Gives the study's recommendations the force of law unless the Congress disapproves within a specified time. Provides for the rules governing congressional consideration of a disapproval resolution, specifying that these provisions are enacted as an exercise in the rule making power of the House of Representatives and the Senate and retaining the right of either House to change the rules as any other rule of that House. Supersedes provisions of the Employee Retirement Income Security Act to the extent they are inconsistent with this Act. Title VI: Miscellaneous Provisions - Declares that it is the sense of the Congress that consumers in the national health care program shall have specified rights set forth in a bill of rights. Requires the Administrator to carry out, directly or by grant, certain research and demonstration projects. Mandates grants to establish: (1) innovative statewide or local prevention and health promotion programs; and (2) health awareness programs in schools, work places, and health and social agencies.
Bill· HJRESH.J.Res. 504 (102nd)referred
United States · United States Congress · 9 June 1992
Constitutional Amendment - Prohibits outlays for any fiscal year (except those for repayment of debt principal) from exceeding receipts (except those derived from borrowing) for that fiscal year. Directs the President to submit a balanced budget to the Congress. Requires the Congress, whenever actual outlays exceed actual receipts for any fiscal year, to provide by law for the repayment of the excess in the ensuing fiscal year. Requires a sequestration of all outlays to eliminate a budget deficit within 15 days after Congress adjourns, if the Congress fails to provide by law for repayment. Waives these provisions for any fiscal year only if the Congress so provides by law by a majority roll call vote of each House. Subjects such waiver to presidential veto.
Law· HRH.R. 5334 (102nd)enacted
United States · United States Congress · 5 June 1992
Housing and Community Development Act of 1992 - Title I: Housing Assistance - Subtitle A: General Provisions - Amends the United States Housing Act of 1937 with respect to: (1) low-income housing authorization; (2) extension of ceiling rents; (3) exclusions from income under Indian housing programs; (4) public and section 8 housing tenant preference rules; and (5) family self-sufficiency program. Subtitle B: Public and Indian Housing - Amends the United States Housing Act of 1937, the Housing and Urban-Rural Recovery Act of 1983, the Cranston-Gonzales National Affordable Housing Act, and the Department of Housing and Urban Development Reform Act of 1989 with respect to: (1) major reconstruction of obsolete projects; (2) public housing tenant preferences, operating subsidies, resident management, homeownership, family investment centers, and early childhood development services; (3) vacancy reduction; (4) Indian housing childhood development services; (5) exemption of Indian housing program from any new construction limitation; (6) public housing one-stop perinatal services demonstration; (7) the National Commission on Distressed Public Housing; (8) the National Commission on American Indian, Alaska Native, and Native Hawaiian Housing; and (9) the sale of certain scattered-site housing. Subtitle C: Section 8 Assistance - Amends the United States Housing Act of 1937 to revise the section 8 rental assistance program. Directs the Secretary of Housing and Urban Development (HUD) to issue regulations to implement certain amendments to the Cranston-Gonzales National Affordable Housing Act with respect to: (1) the project-based certificate program; and (2) income eligibility for new construction units. Directs the Secretary to carry out a demonstration program to provide tenant-based assistance to very low-income families with children who reside in public housing to move out of areas of high concentrations of persons living in poverty to areas with low concentrations of such persons. Subtitle D: Other Programs - Amends the Anti-Drug Abuse Act of 1988 and the Public and Assisted Housing Drug Elimination Act of 1990 with respect to elimination of drug abuse in public housing. Amends the Housing and Community Development Amendments of 1978 with respect to the flexible subsidy program. Amends the Housing and Urban Development Act of 1968 with respect to housing counseling. Amends the Stewart B. McKinney Homeless Assistance Amendments Act of 1988 with respect to the use of funds recaptured from refinancing State and local finance projects. Amends the Cranston-Gonzales National Affordable Housing Act to authorize the Secretary to make planning and implementation grants for the development of Youthbuild education and job training programs for youth in rental housing projects occupied by low- and very low-income families, especially school drop-outs. Authorizes appropriations. Subtitle E: Homeownership Programs - Amends the United States Housing Act of 1937 and the Cranston-Gonzales National Affordable Housing Act with respect to: (1) HOPE homeownership programs; (2) the National Homeownership Trust demonstration; (3) Nehemiah housing opportunity grants; and (4) assistance under section 8 for homeownership. Authorizes the Secretary to guarantee up to 100 percent of housing construction, acquisition, or rehabilitation loans made to an Indian family or Indian housing authority. Title II: Home Investment Partnerships - Amends the Cranston-Gonzales National Affordable Housing Act with respect to the home investment partnerships program to: (1) extend the authorization of appropriations; (2) eliminate certain restrictions on new construction; (3) allow the use of tenant-based rental assistance amounts for security deposits; (4) revise per unit cost limits; (5) make payment of certain administrative costs an eligible use of investment funds; (6) qualify as affordable rental housing certain housing not currently assisted by the low-income housing tax credit; (7) require repayment of certain housing assistance to the participating jurisdiction from the proceeds of any resale of affordable homeownership housing; and (8) revise matching requirements. Provides for: (1) assistance to insular areas; (2) establishment of community housing development organizations; (3) housing education and organizational support for community land trusts; and (4) eligibility as a first-time homebuyer of an owner of a manufactured home. Directs the Secretary to make available a model program to use cost-saving innovative building technologies and construction techniques for purposes of providing homeownership and rental opportunities. Requires State and local housing strategies to follow residential displacement and relocation assistance plans. Title III: Preservation of Low-income Housing - Amends the Housing and Community Development Act of 1987 to extend the authorization of appropriations. Revises provisions with respect to: (1) submission of information to tenants; (2) approval of a plan for action; (3) receipt of incentives to extend low-income use; (4) unit rent criteria for approval of a plan of action; (5) the resident homeownership program; (6) incentives under the Emergency Low Income Housing Preservation Act; (7) insurance for second mortgage financing; and (8) supplemental loans. Eliminates the windfall profits test. Directs the Secretary to study and report to the Congress on housing projects assisted under flexible subsidy program. Title IV: Multifamily Housing Planning and Investment Strategies - Requires the owner of each covered multifamily housing property to submit to the Secretary a comprehensive needs assessment of the property, which shall first be reviewed for comment by property residents and, if the property is financed or assisted it, a State housing finance agency. Title V: Mortgage Insurance and Secondary Mortgage Market - Subtitle A: FHA Mortgage Insurance Programs - Amends the National Housing Act with respect to FHA mortgage insurance programs to revise: (1) limitations on the Secretary's insurance authority; (2) (and postpone) the termination of the Federal Housing Administration Advisory Board; (3) the maximum mortgage amount; (4) the maximum principal obligation of mortgages for veterans; (5) authority to decrease insurance premium charges; (6) the statute of limitations for distributive shares; (7) mortgage limits for multifamily projects; (8) provisions for insurance of loans for operating losses of multifamily projects; (9) expedited procedures for insurance for acquisition of Resolution Trust Corporation property; and (10) manufactured home loan insurance limits. Repeals the warranty requirement. Prohibits the Secretary from limiting the amount of closing costs financed in a mortgage. Directs the Secretary to establish an energy efficient mortgage pilot program in five States, which shall promote the purchase of new and existing energy efficient residential buildings and the installation of cost-effective improvements in existing residential buildings. Subtitle B: Secondary Mortgage Market Programs - Amends the Federal National Mortgage Association Charter Act to revise the limitation on Government National Mortgage Association (GNMA) guarantees of mortgage-backed securities. Title VI: Housing for Elderly Persons, Handicapped Persons, and Persons With Disabilities - Subtitle A: In General - Amends the Housing Act of 1959 and the Cranston-Gonzales National Affordable Housing Act with respect to: (1) supportive housing for the elderly and for persons with disabilities; (2) the congregate housing services program; (3) the HOPE for elderly independence program; and (4) housing opportunities for persons with AIDS. Subtitle B: Authority to Provide Designated Public Housing - Amends the United States Housing Act of 1937 to revise a public housing agency's basic authority to provide designated public housing. Requires a public housing agency to set-aside a portion of section 8 assistance for handicapped and disabled families. Directs the Secretary to reserve funds for the development and reconstruction of housing for handicapped and disabled families. Subtitle C: Standards and Obligations of Residency and Service Coordination in Federally Assisted Housing - Directs the Secretary to require owners of federally assisted housing, as a condition of receiving housing assistance, to comply with this subtitle. Directs the Secretary to establish a task force to review HUD policy and recommend criteria for occupancy in federally assisted housing. Requires the Secretary, subsequently, to issue regulations to establish such criteria, and owners to accept only occupants who meet them. Directs the Secretary to require owners of federally assisted housing projects to provide for one or more individuals ("service coordinators") to coordinate supportive services for older or disabled residents. Subtitle D: Applicability - Sets forth the effective date of these subtitles. Title VII: Rural Housing - Amends the Housing Act of 1949 to extend: (1) the authorization of appropriations and loan insurance and guarantee authority of the rural housing program; (2) the rural housing voucher demonstration program; (3) the rental housing loan program; and (4) authority for mutual and self-help housing grants and loans. Revises eligibility requirements for loans for housing and buildings on adequate farms to authorize such loans for homes on leased land owned by community land trusts. Revises requirements for: (1) maximum income of borrowers under guaranteed loans; (2) designation of underserved areas and reservation of assistance; (3) rental housing loans; and (4) housing preservation grants for replacement of housing. Designates Plainview, Texas, a rural area under the rural housing program. Title VIII: Community Development - Subtitle A: Community Development Block Grants - Amends the Housing and Community Development Act of 1974 to extend the authorization of appropriations for community development block grants, special purpose grants, and the authority for loan guarantees. Revises requirements with respect to: (1) units of general local government; (2) grants to nonentitlement areas; (3) State community development plans and reports; and (4) eligible activities. Amends the Cranston-Gonzales National Affordable Housing Act with respect to assistance for colonias. Subtitle B: Other Community Development Programs - Directs the Secretary to establish a program to assist State and local governments to develop computerized databases of community development needs, including grants for installation and use of integrated database systems and computer mapping tools. Authorizes appropriations. Amends the Neighborhood Reinvestment Corporation Act to extend the authorization of appropriations for the Neighborhood Reinvestment Corporation. Amends the Housing and Urban-Rural Recovery Act of 1983 to extend the authorization of appropriations for the neighborhood development demonstration program. Title IX: Regulatory and Miscellaneous Programs - Amends the Housing and Urban Development Act of 1970 to extend the authorization of appropriations for the HUD research and development program. Makes technical amendments to the Housing and Community Development Act of 1974 and the National Housing Act with respect to the National Institute of Building Sciences. Amends the Housing and Community Development Act of 1974 to extend the authorization of appropriations for the fair housing initiatives program. Amends the Department of Housing and Urban Development Act with respect to: (1) use of negotiated rulemaking procedures; and (2) extended authorization of HUD program monitoring and evaluation activities. Amends the Cranston-Gonzales National Affordable Housing Act to extend the authorization of appropriations for the National Commission on Manufactured Housing. Amends the Real Estate Settlement Procedures Act of 1974 with respect to its applicability to second mortgages and refinancings. Amends the Home Mortgage Disclosure Act of 1975 with respect to mortgage loans insured through private mortgage insurance. Amends the Community Reinvestment Act of 1977 with respect to credit given majority-owned financial institutions for cooperative ventures with nonminority-owned and nonwomen-owned financial institutions and low-income credit unions. Declares that specified certification requirements of the Department of Housing and Urban Development Reform Act of 1989 shall not apply to assistance for multifamily projects during a certain period of time. Directs the Secretary to reestablish the Solar Bank. Amends the Housing Act of 1959, as amended by the Cranston-Gonzales National Affordable Housing Act, with respect to labor wage rates under construction programs for supportive housing for the elderly and for persons with disabilities. Amends the Cranston-Gonzales National Affordable Housing Act with respect to energy efficient mortgages. Amends the Housing and Urban Development Act of 1968 to direct the Secretary to require public housing agencies and Indian housing authorities, and their contractors and subcontractors, to make their best efforts (including contract awards) to give low- and very low-income persons the training and employment opportunities generated by Federal housing and community development assistance. Requires a study and report to the Congress on the effectiveness of this program. Authorizes appropriations to the National American Indian Housing Council for training and assistance to Indian housing authorities. Title X: Housing Programs Under Stewart B. McKinney Homeless Assistance Act - Stewart B. McKinney Homeless Assistance Amendments Act of 1992 - Amends the Stewart B. McKinney Homeless Assistance Act to extend the authorization of appropriations for the: (1) emergency shelter grants program; (2) supportive housing demonstration program; (3) supplemental assistance for facilities to assist the homeless; (4) shelter plus care program; and (5) section 8 assistance for single room occupancy dwellings. Requires such programs to: (1) use, to the maximum extent practicable, homeless individuals and families in constructing or rehabilitating housing assisted under them and in providing specified services; and (2) require each assistance recipient to provide for the participation of at least one homeless or former homeless individual on its board of directors or equivalent policy making entity, or otherwise provide for the consultation and participation of such individual in policy- and decision-making. Authorizes the Secretary to provide assistance for a safe havens for homeless individuals demonstration program, especially for eligible persons unable to participate in mental health treatment programs or to receive other supportive services. Prohibits the Secretary from making available for lease any single family properties once acquired for use by the homeless before listing and making them generally available for sale for at least 30 days. Directs the Secretary of Agriculture to make eligible properties available for acquisition by qualified applicants for use only to provide rural housing for homeless individuals and families. Requires employment of the homeless in construction and rehabilitation of such properties, as well as participation in policy- and decision-making. Directs the Secretary of Agriculture to establish a rural homelessness program of grants to eligible organizations to pay for the Federal share (75 percent) of the cost of direct emergency assistance to the homeless, as well as homelessness prevention assistance and assistance in finding permanent housing and supportive services. Authorizes appropriations. Amends the Cranston-Gonzales National Affordable Housing Act to require evaluations of programs by the homeless. Specifies restrictions on the allocation formula for revised homeless housing assistance. Directs the Secretary of HUD to consult with the chief executive officers of the States and the Department of Defense and report to the Congress on the availability of National Guard facilities as overnight shelters for homeless individuals.
Bill· HRH.R. 5335 (102nd)referred
United States · United States Congress · 5 June 1992
Anti-National Health Insurance Act of 1992 - Title I: Tax Provisions Encouraging Low-Cost Health Plans - Amends the Internal Revenue Code to allow a tax credit for low and moderate-income individuals for health insurance costs. Bases such credit upon the number of personal exemptions of such individual, the contributions of such individual's employer to accident and health plans, and limitations on the taxpayer's modified adjusted gross income. Provides an inflation adjustment for such credit for calendar years beginning after enactment of this Act. Allows such individuals to elect to take a deduction for qualified health insurance costs. Provides for determining the maximum deduction based upon limitations on the tax credit for such costs. Denies the use of the medical expense deduction for amounts included in the tax credit or the tax deduction. Allows such tax deduction whether or not an individual itemizes other deductions. Directs the Secretary of the Treasury to establish a program under which individuals who are allowed the tax credit may obtain health insurance vouchers to be used to make payments for premiums for qualified health insurance. Sets forth administrative provisions for such program. Allows a tax credit for the aggregate amount of health insurance credit vouchers. Increases from 25 percent to 100 percent the allowable deduction for health insurance costs of self-employed individuals. Makes such deduction permanent. Requires the health insurance of the self-employed to provide basic benefits. Creates health care spending accounts under provisions relating to cafeteria plans. Allows employees to retain any unspent funds in such accounts at the end of the taxable year. Limits the amount excludable from gross income for contributions by employers to accident and health plans to the value of the coverage under the lowest-cost accident or health plan available to the employer which provides basic benefits. Title II: State Requirements Relating to Access and Cost Containment - Requires the Secretary of Health and Human Services to establish requirements for basic benefit plans offered by health insurance plans. Limits the noneconomic damages that may be awarded to an individual and the family members of such individual for losses resulting from an injury in medical malpractice liability actions to $250,000. Preempts State law to the extent that State law permits the recovery of higher amounts. Prohibits State law from requiring the offering, as part of any health insurance plan for individuals enrolled under the plan, of any services, category of care, or services of any class or type of provider. Preempts State law with respect to: (1) reimbursement rates or selective contracting; (2) differential financial incentives; and (3) utilization review methods.
Bill· HRH.R. 5338 (102nd)referred
United States · United States Congress · 5 June 1992
Balanced Budget Implementation Act of 1992 - Title I: Repeal of Budget Agreement Enforcement Provisions - Repeals the budget agreement enforcement provisions of the Congressional Budget and Impoundment Control Act of 1974. Title II: Emergency Powers to Eliminate Deficits in Excess of Maximum Deficit Amount - Amends the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) to provide for enforcement of deficit reduction to balance the Federal budget by the end of FY 1997. Requires enforcement to be implemented through sequestration and revenue surtax (current provisions only require budget enforcement through sequestration). Repeals provisions which govern enforcement of discretionary spending limits and pay-as-you-go through FY 1995. Revises provisions concerning enforcing deficit targets. Requires the President, within 15 calendar days after the Congress adjourns to end a session, to take action to eliminate the excess deficit, if any. Sets forth maximum deficit amounts allowed for FY 1993 through 1997. Reduces such amounts to zero by FY 1997 plus any amount designated to meet a condition of national economic urgency. Requires 60 percent of the excess deficit in a budget year to be eliminated through across-the-board outlay reductions and 40 percent through a revenue surtax. Provides rules for such sequestration process. Revises the timetable and requirements for deficit reduction reports and presidential orders. Requires within-session deficit reduction reports. Revises the list of exempt programs and activities. Exempts from sequestration: (1) all payments from one Federal direct spending budget account to another and certain intragovernmental funds; (2) payment from any revolving fund or trust-revolving fund (or similar activity) that provides deposit insurance or other Government insurance, guarantees, or any other form of contingent liability, to the extent those payments result from contractual or other legally binding commitments; and (3) credit liquidating and financing accounts. Removes the special exemption for railroad retirement benefits, certain veterans programs, payments made for the earned income tax credit, and certain low-income programs. Removes the special exceptions, limitations, and rules with respect to sequestration for: (1) certain automatic spending increases; (2) the guaranteed student loan program; (3) foster care and adoption assistance programs; (4) the Medicare program; (5) community and migrant health centers, Indian health services and facilities, and veterans' medical care; (6) the child support enforcement program; (7) payments and advances for unemployment compensation; (8) the Commodity Credit Corporation; and (9) the jobs portion of Aid to Families with Dependent Children (AFDC). Repeals the provision that requires permanent cancellation of budgetary resources sequestered from any account other than a trust or special fund account. Adds a special rule if the President exempts military personnel from sequestration with respect to further reductions in the appropriate subfunctional category. Repeals provisions concerning: (1) suspension of deficit reduction in the event of war or low economic growth; (2) the President's flexibility in making deficit reductions among defense programs, projects, and activities; (3) the special reconciliation process; and (4) modifications of presidential orders. Sets forth congressional procedures to make available excess budgetary resources and revising maximum deficit amounts whenever the President transmits to the Congress a request to approve a declaration of national economic urgency. Declares the off-budget status of social security trust funds. Title III: Tax Surcharge to Reduce Deficit - Amends the Internal Revenue Code to impose a tax surcharge on the income of every taxpayer if the Office of Management and Budget reports to the Congress and the President that a revenue increase is required. Establishes procedures for determining and administering such surcharge. Repeals such surcharge if the Secretary of the Treasury determines that it is not needed. Title IV: Budget Submitted by the President - Requires the President's budget to ensure that the deficit for such fiscal year does not exceed the maximum deficit amount. Requires the submission of a balanced budget for FY 1997 and subsequent fiscal years. Makes such requirements inapplicable during a request to approve a declaration of national economic urgency. Prescribes the contents of such declaration. Title V: Total of President's Budget Shall Represent Spending Ceiling - Amends the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) to prohibit the Congress from passing legislation which provides budgetary resources in excess of those proposed in the President's budget. Amends the Congressional Budget and Impoundment Control Act of 1974 to prohibit any concurrent resolution on the budget from exceeding the President's budget. Title VI: Fiscal Year 1993 Deficit Reduction Actions - Requires the President to submit to the Congress a revised budget for FY 1993 to achieve the deficit targets set forth under this Act. Requires the Congress, after receipt of the President's budget, to report revised concurrent resolutions for FY 1993 to achieve such deficit targets.
Bill· HRH.R. 5333 (102nd)failed
United States · United States Congress · 5 June 1992
Title I: Amendment to Title 31, United States Code - Requires the President to submit a budget to the Congress for FY 1994, 1995, 1996, 1997, or 1998 for that fiscal year and the four ensuing fiscal years that provides for a balanced budget for FY 1998 and subsequent fiscal years. Requires any budget submitted for a fiscal year after FY 1998 to be a budget that provides for a balanced budget for that fiscal year and the four ensuing fiscal years. Title II: Amendment to Congressional Budget Act of 1974 - Amends the Congressional Budget Act of 1974 to make conforming requirements with respect to any concurrent resolution on the budget for FY 1994, 1995, 1996, 1997, or 1998 as reported by the Committee on the Budget of each House. Requires the House Committee on Rules, if it reports any rule or order providing for the consideration of any concurrent resolution on the budget for a fiscal year, to provide for: (1) the consideration of the text of any concurrent budget resolution reported by the House Committee on the Budget; and (2) the consideration of the text of each concurrent budget resolution as introduced by the majority leader. Requires such rule or order to assure a separate vote on each budget. Requires the majority leader of the House of Representatives to introduce a concurrent budget resolution reflecting, without substantive revision, the budget submitted by the President, as soon as practicable. Makes it always in order in the Senate to consider an amendment to a concurrent budget resolution comprising the text of any budget submitted by the President. Title III: Clarification of Relationship to Other Laws - Excludes receipts and disbursements of the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund from being counted as new budget authority, outlays, receipts, or deficit or surplus. Requires any final sequestration report for FY 1994 or 1995 to set forth the amount of deficit reduction beyond the enforcement of discretionary spending limits and pay-as-you-go requirements. Provides that the amount of budget-year deficit reduction shall constitute a downward adjustment to the discretionary spending limits for the budget year. Requires, if such limits are adjusted downward for FY 1994, that such limits to be so adjusted for FY 1995 by the same amount. Excludes from the Office of Management and Budget estimates for FY 1994 the amount of budget-year deficit reduction attributable to direct spending and receipts legislation. Requires, if an amount of deficit reduction is excluded from FY 1994 estimates, that an entry of the same amount be made in FY 1995 estimates. Title IV: Effective Date - Requires amendments made by this Act to be reflected in the budget for FY 1994.
Bill· HRH.R. 5339 (102nd)referred
United States · United States Congress · 5 June 1992
Waives a time limitation for a credit or refund claim under the former provisions of the Internal Revenue Code regarding the windfall profit tax on domestic crude oil paid by a named school district.