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Bill· HRH.R. 5323 (102nd)referred
United States · United States Congress · 4 June 1992
Cuban Democracy Act of 1992 - Sets forth U.S. policy with respect to Cuba. Declares that the President should encourage countries that conduct trade with Cuba to restrict their trade and credit regulations with Cuba in a manner consistent with this Act. Authorizes the President to impose the following sanctions against countries that provide assistance to Cuba: (1) ineligibility for assistance under the Foreign Assistance Act of 1961 or the Arms Export Control Act; (2) a prohibition on agreements with the United States for the establishment of free trade areas; and (3) ineligibility for forgiveness or reduction of debt owed to the U.S. Government. Terminates such sanctions if the President reports to the Congress that Cuba has met conditions established under this Act concerning democracy, human rights, and a free market economy. Prohibits restrictions on the export to Cuba of medicines, subject to specified conditions and inspection requirements. Permits telecommunications services between the United States and Cuba. Requires the U.S. Postal Service to provide direct mail service to and from Cuba. Authorizes the President to provide assistance to promote nonviolent democratic change in Cuba. Prohibits the issuance of licenses for certain transactions between U.S.-controlled firms in third countries and Cuba. Bars domestic concerns from receiving a tax deduction for the portion of the deductible expenses of such concerns which are allocated or apportioned to income derived from Cuba. Prohibits vessels which enter Cuba to engage in trade from loading or unloading any freight in the United States within 180 days after departure from Cuba. Prohibits: (1) vessels carrying goods or passengers to or from Cuba or carrying goods in which a Cuban national has an interest from entering a U.S. port, except as authorized by the Secretary of the Treasury; and (2) specified commodities authorized to be exported under a general license from being exported under such a license to any such vessels. Directs the President to establish strict limits on remittances to Cuba by U.S. persons for purposes of financing the travel of Cubans to the United States to assure that such remittances are not used by the Cuban Government as a means of gaining access to U.S. currency. Declares that food, medicine, and medical supplies for humanitarian purposes should be made available to Cuba under the Foreign Assistance Act of 1961 and the Agricultural Trade Development and Assistance Act of 1954 if the President certifies to the House Foreign Affairs Committee and the Senate Foreign Relations Committee that the Government of Cuba: (1) has made a commitment to hold free and fair elections for a new government within six months and is proceeding to implement that decision; (2) has made a commitment to respect and is respecting human rights and basic democratic freedoms; and (3) is not providing weapons or funds to any group in any other country that seeks the violent overthrow of the government of such country. Waives sanctions against Cuba under this Act if the President reports to the Congress that Cuba: (1) has held free and fair elections conducted under internationally recognized observers; (2) has permitted opposition parties ample time to campaign for such elections and has permitted full access to the media to all candidates; (3) is showing respect for basic civil liberties and human rights; (4) is moving toward establishing a free market economic system; and (5) has committed itself to constitutional change that would ensure regular free and fair elections. Requires the President, if he makes such report, to take the following actions with respect to a freely-elected Cuban Government: (1) encourage the admission of such government to international organizations and financial institutions; (2) provide emergency relief during Cuba's transition to a viable economic system; (3) take steps to end the U.S. trade embargo of Cuba; and (4) enter into negotiations for a trade agreement with Cuba. Requires the Secretary of the Treasury to exercise the authorities of the Trading With the Enemy Act in enforcing this Act. Authorizes appropriations. Amends the Trading With the Enemy Act to authorize the Secretary to impose a civil penalty on violators of such Act. Provides for forfeiture of any property or vessel that is the subject of a violation. Requires the Department of the Treasury to establish a branch of the Office of Foreign Assets Control in Miami, Florida.
Bill· HRH.R. 5325 (102nd)referred
United States · United States Congress · 4 June 1992
Action Now Health Care Reform Act of 1992 - Title I: Improved Access to Affordable Health Care Coverage - Subtitle A: Increased Affordability and Availability for Employees - Directs the Secretary of Health and Human Services (the Secretary) to request the National Association of Insurance Commissioners (the NAIC) to develop model regulations requiring each carrier that makes available in a State any small employer health benefit plan to make available to each small employer in the State a MedAccess basic plan and a MedAccess standard. Directs the Secretary to develop such regulations, if the NAIC does not. Defines MedAccess plan as a health benefits plan that: (1) provides benefits typical of the benefits offered in the small employer health coverage market or provides only benefits for essential preventive and medical services and has an average actuarial value not exceeding 60 percent of the average actuarial value of the typical benefits offered in the small employer health coverage market; (2) accepts every small employer in the State applying for coverage and accepts for enrollment every eligible individual (defined as an individual who is a full-time employee and, if family coverage is offered, covers the employee's spouse and dependents under age 19 or under age 25 for students); and (3) meets consumer protection standards established by this Act relating to limitation of pre-existing condition clauses, continuity of coverage, renewability, and premium limitations. Prohibits the imposition, by a carrier, of a limitation of benefits based on the fact a condition pre-existed the effectiveness of the policy if: (1) the condition relates to a condition not diagnosed within three months before coverage under the plan; (2) the limitation extends beyond six months after coverage under the plan; (3) the limitation applies to an individual who, as of date of birth, was covered under the plan; and (4) the limitation relates to pregnancy. Requires continuous coverage. Prohibits cancellation of a plan or denial of coverage unless there is: (1) nonpayment of premiums; (2) fraud; (3) noncompliance with plan provisions; (4) failure to maintain the required number of enrollees; (5) misuse of a provider network provision; or (6) a cessation by the carrier of the provision of any plan in a State. Amends the Internal Revenue Code to impose an excise tax which shall be paid by the carrier on the failure of a carrier or an employer health benefit plan to comply with the provisions of the Act. Directs the Secretary to request the NAIC to develop models for reinsurance or allocation of risk mechanisms for individuals and small employers who are enrolled under a small employer health benefit plan that meets the consumer protection standards and for whom a carrier is at risk of incurring high costs under the plan. Requires each State to establish and fund one or more reinsurance or allocation or allocation of risk mechanisms that are consistent with a model. Directs the Secretary to develop models, if the NAIC does not. Permits a State, in order to insure the financial solvency of the mechanism, to impose charges on any entity providing employee-related health benefits, so long as such charges do not discriminate with respect to entities that would not be subject to such charges. Directs the Secretary to establish a reinsurance or allocation of risk mechanism, if a State does not. Imposes an excise tax which shall be paid by the carrier on the providing of any health benefit plan which covers any employee in a Federal reinsurance State. Permits either a State or the Secretary (in a Federal reinsurance State) to require each employer health benefit plan to: (1) be registered; and (2) provide such information as is necessary for the reinsurance or allocation of risk mechanisms. Directs the Secretary to: (1) establish an Office of Private Health Coverage to be headed by a Director appointed by the Secretary; and (2) provide for the appointment of an advisory committee to advise the Director. Permits the Director to research the impact of this subtitle and conduct related demonstration projects. Requires the Director to develop: (1) methods of measuring, in terms of the expected costs of providing benefits under small employer health benefit plans and, in particular, MedAccess plans, the relative health risks of eligible individuals; and (2) a model for equitably distributing health risks among carriers in the small employer health care coverage market. Authorizes appropriations for the purposes of this paragraph. Subtitle B: Improved Small Employer Purchasing Power of Affordable Health Insurance - Preempts from insurance mandates a qualified small employer purchasing group, if the group consists of employers with not more than 100 employees, the group consists of not fewer than 100 employers, and the health benefit plans with respect to the employer members are in compliance with applicable State laws relating to health benefit plans. Subtitle C: Health Deduction Fairness - Amends the Internal Revenue Code to make permanent and increase from 25 to 100 percent the health insurance tax deduction for the self-employed. Subtitle D: Improved Access to Community Health Services - Directs the Secretary to provide for a program of grants to migrant and community health centers receiving grants or contracts under provisions of the Public Health Service Act in order to promote the provision of primary health care services for underserved individuals. Authorizes appropriations. Amends the Public Health Service Act to deem as an employee of the Public Health Service, for purposes of civil actions against commissioned officers or employees, any officer, employee, or contractor who is a physician or other licensed health care practitioner while performing functions for an entity receiving Federal funds under provisions of the Public Health Service Act. Requires an entity, in order to receive a grant under such provisions, to implement certain policies to assure against malpractice. Requires: (1) the Attorney General to estimate the amount of all claims expected, during each year, to arise against such an entity from acts of officers or employees; (2) the Secretary to withhold from grants to such entities the amount estimated; and (3) the withheld amount to be transferred to the Treasury to pay judgments against the United States arising from such claims. Directs the Secretary to make grants to public and nonprofit private entities to carry out demonstration projects for the purpose of increasing access to outpatient primary health services in geographic areas with a: (1) population of not more than 500,000 individuals; (2) shortage of personal health services; and (3) significant number of low-income or underinsured individuals. Sets forth requirements for receiving such grants. Authorizes appropriations. Subtitle E: Improved Access to Rural Health Services - Retitles title XII of the Public Health Service Act "Emergency Medical Services" (formerly, "Trauma Care") and directs the Secretary to establish the Office of Emergency Medical Services which shall, with respect to emergency medical services (including trauma care): (1) conduct research; (2) sponsor workshops; (3) assist States; and (4) coordinate activities. Authorizes the Secretary to make grants to States for the purposes of improving the availability and quality of emergency medical services through the operation of State offices of emergency medical services. Sets forth matching fund requirements. Provides for demonstration projects to establish telecommunications between rural medical facilities and other medical facilities that have equipment that can be utilized through telecommunications. Authorizes appropriations for purposes of the programs of this paragraph. Directs the Secretary to make grants to States to assist in the creation or enhancement of air medical transport systems that provide victims of medical emergencies in rural areas access to treatments for the injuries or other conditions arising from such emergencies. Sets forth requirements for grant applications. Authorizes appropriations. Amends title XVIII (Medicare) of the Social Security Act to extend for one year special treatment rules for Medicare-dependent small rural hospitals. Title II: Health Care Cost Containment and Quality Enhancement - Subtitle A: Medical Malpractice Liability Reform - Prohibits bringing a medical malpractice claim: (1) more than two years after the alleged injury should reasonably have been discovered and in no event more than four years after the alleged injury occurred; and (2) in any State court unless there has been an initial resolution through a certified alternative dispute resolution system (ADR). Requires the use of ADR in a Federal medical malpractice liability claim. Requires a pre-trial settlement conference in any medical malpractice liability action. Sets limits on: (1) noneconomic damages; (2) punitive damages; and (3) attorney's fees. Requires offsets for damages paid by a collateral source. Requires liability in a medical malpractice action to be several and not joint. Provides a complete defense to any allegation of negligence in a medical malpractice liability action to any defendant who followed the appropriate practice guideline. Prohibits finding a defendant guilty in a medical malpractice liability action relating to services provided during labor or delivery of a baby if the defendant did not previously treat the plaintiff during the pregnancy, unless the malpractice is proven by clear and convincing evidence. Directs the Secretary to determine whether a States' ADR meets ADR system requirements established by this Act. Establishes such requirements. Amends title XI (General Provisions and Professional Standards Review) of the Social Security Act to earmark funds for sanctioning practice guidelines for purposes of an affirmative defense in medical malpractice liability actions. Permits a State agency responsible for the conduct of disciplinary actions for a type of health care practitioner to enter into agreements with State or county professional societies for such type of health care practitioner to permit such societies to participate in the licensing of such health care practitioner and to review health care malpractice allegations. Requires each State to require each health care professional and provider to participate in a risk management program to prevent and provide early warning of practices which may result in injuries to patients or which otherwise endanger patient safety. Directs the Secretary to make grants for the conduct of basic research in the prevention of and compensation for injuries resulting from health care professional or health care provider malpractice, and research of the outcomes of health care procedures. Authorizes appropriations. Directs the Secretary to study the factors discouraging physicians from volunteering to provide health care services in medically underserved areas. Subtitle B: Administrative Cost Savings - Directs the Secretary to adopt standards relating to each of the following: (1) data elements for use in claims processing under health benefits plans; (2) uniform claim forms; and (3) uniform electronic transmission of the data elements. Authorizes the Secretary to require providers to submit claims to health benefit plans in accordance with such standards. Provides for periodic review of the standards. States that the term "health benefit plan," in this subtitle, includes the Medicare and Medicaid programs (titles XVIII and XIX of the Social Security Act). Requires the Secretary to promulgate standards for hospitals concerning electronic medical data. Permits the Secretary to promulgate standards concerning electronic medical data for providers that are not hospitals. Requires hospitals, in order to participate in Medicare, to: (1) maintain clinical data in a set of comprehensive data elements in electronic form on all patients; and (2) upon the Secretary's request, transmit electronically the data set and any data from such set. Provides for electronic transmission to Federal agencies. Prohibits a health benefit plan, if standards with respect to data elements are promulgated with respect to a class of provider, from requiring for the purpose of utilization review or as a condition of providing benefits under the plan that a provider in the class: (1) provide any data element not in the set of comprehensive data elements; or (2) transmit or present any such data element in a manner inconsistent with applicable standards. Directs the Secretary to establish an advisory commission of hospital executive and data base managers, physicians, health services researchers, and technical experts in the collection and use of data and operation of data systems. Authorizes appropriations for such commission. Requires the Secretary, in order to assure the availability of comparative value information to purchasers of health care in each State, to determine whether each State is developing and implementing a health care value information program that meets stated criteria. Permits grants to a State for the development of its health care value information program. Authorizes appropriations for such grants. Requires the head of each Federal agency with responsibility for the provision of health insurance or health care services to individuals to promptly develop health care value information relating to each program that such head administers. Directs the Secretary to develop model systems to facilitate: (1) the gathering of data on health care cost, quality, and outcome; and (2) analyzing such data to permit the valid comparison of such data. Authorizes appropriations for the development of such model systems. Directs the Secretary to adopt standards relating to the design and use of magnetized Medicare identification cards for the purpose of assisting health care providers in determining eligibility and billing. Authorizes appropriations. Nullifies any State law requiring that medical or health insurance records be maintained in written rather than electronic form. Requires each health benefit plan: (1) for each of its beneficiaries that has a social security number, to use that number as an identification number for claims processing; and (2) for each provider that has a unique identifier for Medicare purposes, to use that identifier for claims processing. Requires the Secretary to determine whether problems relating to the rules for determining liability when benefits are payable under two or more plans or the availability of information among such plans causes significant administrative problems, and if so, directs the Secretary to promulgate standards concerning liability and the transfer of information among plans. Directs the Secretary to provide grants to qualified entities to demonstrate the application of comprehensive information systems in continuously monitoring patient care and in improving patient care. Authorizes appropriations from the Federal Hospital Insurance Trust Fund. Subtitle C: Medical Savings Accounts (Medisave) - Amends the Internal Revenue Code to exclude from the gross income of an employee any amount contributed by the employer to a medical savings account pursuant to a qualified medical savings account plan. Sets contribution limits. Defines a "medical savings account" as a trust created exclusively for purpose of paying an individual's medical expenses. Permits expenses from such account only to the extent such amounts are not compensated for by insurance. Subjects the employee to taxation as owner of the account. Subtitle D: Medicaid Program Flexibility - Amends title XIX (Medicaid) of the Social Security Act to modify Medicaid contracting requirements for coordinated care services. Authorizes the Secretary to waive specified Medicaid requirements with respect to nursing facilities located in a State if the State provides assurances satisfactory to the Secretary that the waiver of such requirements will not adversely affect the quality of life of the residents in such facilities. Subtitle E: Limitations on Physician Self-Referrals - Amends title XVIII (Medicare) of the Social Security Act to extend physician self-referral limitations to all payors as well as to certain additional services. Revises exceptions. Requires the Secretary to conduct a study in order to estimate the changes in aggregate costs for designated health services, under the Medicare program and other health plans, which will result from the implementation of the amendments made by this subtitle. Subtitle F: Removing Restrictions on Managed Care - Preempts managed care restrictions under State law. Requires the Comptroller General to conduct a study of the benefits and cost effectiveness of the use of managed care in the delivery of health services. Subtitle G: Medicare Payment Changes - Amends the Medicare program to make revisions in the methodology for determining updates to Medicare hospital payments. Provides for a reduction in Medicare payment for clinical diagnostic laboratory tests. Subtitle H: Modification of the Operation of the Antitrust Laws to Hospitals - Permits two or more hospitals, without violating the antitrust laws, to share expensive medical services or high technology equipment. Directs the Secretary to grant waivers to exempt hospitals from the antitrust laws in order to carry out agreements permitting such sharing. Sets forth reporting requirements. Subtitle I: Encouraging Enforcement Activities of Medical Self-Regulatory Entities - Prohibits damages, interest on damages, costs, or attorney's fees from being recovered under the Clayton Act or any similar State law from any medical self-regulatory entity as a result of engaging in standard setting or enforcement activities designed to promote the quality of health care provided to patients.
Bill· HRH.R. 5326 (102nd)referred
United States · United States Congress · 4 June 1992
Environmental Justice Act of 1992 - Title I: Identification of Environmental High Impact Areas - Directs the Administrator of the Environmental Protection Agency to publish a list, in rank order, of the total weight of toxic chemicals present in each county in the most recent five-year period for which data are available. Designates the 100 counties with the highest total weight as Environmental High Impact Areas. Requires the Administrator to: (1) publish the methods to be used to calculate the total weight of toxic chemicals in waste, process, or other materials for public comment; and (2) revise and republish the list at least every five years. Title II: Enforcement Initiatives - Directs the Administrator and the Assistant Secretary of the Occupational Safety and Health Administration to conduct compliance inspections or reviews of all toxic chemical facilities in such Areas at least every two years. Title III: Community Participation - Authorizes the Secretary of Health and Human Services to make a grant to individuals who may be affected by a release from any toxic chemical facility in an Environmental High Impact Area. Requires grants to be: (1) designed to facilitate access by representatives of such Areas to the public participation provisions of this and other Acts; and (2) used to obtain technical assistance relating to inspections, reviews, and studies. Limits the amount of grants and sets forth cost-sharing requirements. Directs the Administrator to establish a system of user fees or assessments on toxic chemical facilities in such Areas to substitute for appropriations as the funding mechanism for the grant program. Title IV: Identification and Prevention of Health Impacts - Requires the Secretary to issue for public comment a report identifying the nature and extent of acute and chronic impacts on human health in such Areas as compared to other counties. Requires the President, if the report identifies significant adverse impacts of environmental pollution on human health in such Areas as a group, to report proposed legislation to the Congress to remedy and prevent such impacts. Includes within such legislation: (1) expansion of the Emergency Planning and Community Right-To-Know Act of 1986 to include additional facilities or chemicals or reduced quantities of chemicals triggering reporting obligations; (2) a means to redress regulatory loopholes (such as wastes exempt from or subject to lessened regulatory requirements); and (3) taxes on emissions or restrictions on releases within such Areas to induce source reduction. Establishes a moratorium on the siting or permitting of any toxic chemical facility in such Areas that may emit toxic chemicals in quantities that cause adverse health impacts if the report identifies adverse health impacts of environmental pollution. Authorizes the siting or permitting of such a facility during this period only if: (1) the need for the activity is demonstrated to the satisfaction of the Secretary; and (2) the facility demonstrates that it will minimize uncontrolled releases into the environment. Continues the moratorium until certain health-based levels have been attained in the Area.
Bill· SS. 2806 (102nd)referred
United States · United States Congress · 3 June 1992
Environmental Justice Act of 1992 - Directs the Administrator of the Environmental Protection Agency to publish a list, in rank order, of the total weight of toxic chemicals present in each county in the most recent five-year period for which data are available. Designates the 100 counties with the highest total weight as Environmental High Impact Areas. Requires the Administrator to: (1) publish the methods to be used to calculate the total weight of toxic chemicals in waste, process, or other materials for public comment; and (2) revise and republish the list at least every five years. Directs the Administrator and the Secretary of Labor to conduct compliance inspections or reviews of all toxic chemical facilities in such Areas at least every two years. Authorizes the Secretary of Health and Human Services to award a grant to individuals who may be affected by a release from any toxic chemical facility in an Environmental High Impact Area. Requires grants to be: (1) designed to facilitate access by representatives of such Areas to the activities that involve public participation; and (2) used to obtain technical assistance relating to inspections, reviews, and studies. Limits the amount of grants and sets forth cost-sharing requirements. Directs the Administrator to establish a system of user fees or assessments on toxic chemical facilities in such Areas to fund the grant program. Requires the Secretary to issue for public comment a report identifying the nature and extent of acute and chronic impacts on human health in such Areas as compared to other counties. Requires the President, if the report identifies significant adverse impacts of environmental pollution on human health in such Areas as a group, to report proposed legislation to the Congress to remedy and prevent such impacts. Includes within such legislation: (1) expansion of the Emergency Planning and Community Right-To-Know Act of 1986 to require additional facilities or chemicals to be subject to reporting requirements, or a reduction in threshold quantities of chemicals that trigger reporting requirements; (2) a means to redress regulatory loopholes (such as wastes exempt from, or subject to reductions in, regulatory requirements); and (3) taxes on emissions or restrictions on releases within such Areas to induce source reduction. Establishes a moratorium on the siting or permitting of any toxic chemical facility in such Area that may emit toxic chemicals in quantities that cause adverse health impacts if the report identifies adverse health impacts of environmental pollution. Authorizes the siting or permitting of such a facility during this period only if: (1) the need for the activity is demonstrated to the satisfaction of the Secretary; and (2) the owner or operator demonstrates that the facility will minimize uncontrolled releases into the environment. Continues the moratorium until certain health-based levels have been attained in the Area.
Bill· HRH.R. 5313 (102nd)referred
United States · United States Congress · 3 June 1992
Anti-Drug Abuse Act of 1992 - Title I: International Efforts to Reduce Illegal Drug Production and Drug Trafficking - Expresses the sense of the Congress that the President should direct the Secretary of State to negotiate with the Governments of Canada and Mexico for the establishment of a North American Narcotics Council which would explore ways and means of facilitating the exchange of information (both in antinarcotics efforts and in substance abuse reduction and education programs), increasing cooperation in antinarcotics efforts, and improving efforts to supply assistance to source and trafficking countries, and reducing through other areas and programs the demand for and supply of illicit narcotics and psychotropic substances. Requires the President to submit to the Congress, for each fiscal year in which the United States participates in the Council, a budget request to cover the expenses of such participation. Sets forth provisions for the appointment of a permanent U.S. representative and congressional advisors to the Council, provisions for termination of such Council, and reporting requirements. Requires the President, with respect to each year after 1992, to determine whether: (1) there was a reduction in the quantity of illicit coca produced or in illicit coca activities in Bolivia, Colombia, and Peru; and (2) any reduction is attributable to the implementation of social or economic alternatives in such countries. Authorizes the President, if an affirmative determination with respect to such a country is made and the Congress enacts a law approving it, to apply special trade treatment to articles that: (1) are products of such country; and (2) are entered or withdrawn from warehouse for consumption in U.S. customs territory in the year following the year such determination was made. Specifies that if the granting of such special trade treatment would violate the General Agreement on Tariffs and Trade, provisions of this Act shall be inapplicable until the President obtains a waiver of the provision which is the basis for such violation. Prohibits such special treatment if specified actions under the Narcotics Control Trade Act are in effect with respect to such country or if such treatment is restricted under countervailing duties or trade dumping regulations. Authorizes appropriations for additional economic assistance grants for the Governments of Bolivia and Peru, to be made available only after consummation of a written agreement between such governments and the United States outlining specific, verifiable illicit coca eradication plans resulting in a 50 percent eradication of the illicit coca crop by the end of FY 1994, and a 100 percent eradication by the end of FY 1997. Requires the Secretary of State to negotiate such bilateral agreements on behalf of the United States and to have primary responsibility for verifying the actual eradication of illicit coca in Bolivia and Peru. Authorizes the use of funds under the Foreign Assistance Act of 1961 (FAA) and the Arms Export Control Act (AECA) for training and equipment for law enforcement agencies or other units in Colombia, Bolivia, and Peru that are organized for the specific purpose of enforcing narcotics laws. Waives, during FY 1992 through 1994, specified provisions limiting assistance to countries in default on obligations owed to the United States with respect to narcotics-related assistance under the FAA or AECA for a country that is a "major illicit drug producing country" because of its coca production. Amends the FAA to: (1) authorize funding for the procurement of weapons or ammunition to arm, for defensive purposes, aircraft that are leased or loaned by the United States and used in narcotics control eradication or interdiction efforts and persons participating in such efforts; (2) make an exception to the withholding of assistance for major illicit drug producing or drug-transit countries where such action would be contrary to the national interest of the United States; (3) authorize the President to provide aircraft on a sale or grant basis for anti-narcotics activities if he determines that it would be in the national interest to do so and reports the determination and the terms of the proposed sale or grant to the Congress; (4) authorize Bolivia and Peru to have U.S. military personnel strengths larger than six to carry out international security assistance programs; and (5) make certain certification procedures under such Act inapplicable to certain major drug-transit countries if the President certifies that such countries meet specified requirements in making progress towards narcotics control. Amends the Export-Import Bank Act of 1945 to: (1) make certain restrictions under such Act and under the AECA inapplicable to sales of defense articles or services made on or before September 30, 1994 (currently, 1990); and (2) revise the definition of the term "defense articles and services" to conform to that under the AECA. Expresses the sense of the Congress that the Secretary of the Treasury shall instruct the U.S. Executive Directors of the International Bank of Reconstruction and Development, the International Development Association, and the Inter-American Development Bank to use the vote and influence of the United States to promote development projects in the Andean region consistent with U.S. anti-narcotics objectives. Establishes an Interagency Task Force on Combatting Illicit Narcotics and an Interagency Task Force on Money Laundering. Authorizes the Attorney General to assist major illicit drug producing and drug-transit countries in adopting national legislation to accommodate treaties on mutual assistance in criminal matters and on extradition and to provide technical assistance and advice aimed at strengthening the judicial, legal, and law enforcement systems of such countries. Expresses the sense of the Congress that: (1) the United States should support the actions of Latin American jurists in prosecuting drug criminals; and (2) the President should take steps to convene an international judicial conference for the purposes of emphasizing worldwide support for prosecuting drug traffickers and enabling senior judicial officials to exchange information on antinarcotic laws and statutes. Authorizes appropriations for military and law enforcement assistance and training to eligible countries for controlling illicit narcotics production and trafficking. Urges the executive branch to: (1) coordinate closely with all allies in the Western Hemisphere dedicated to countering the threat of drug trafficking; and (2) explore the possibility of undertaking joint military and intelligence operations with other countries of the Western Hemisphere. Directs the Attorney General to enter into negotiations with law enforcement officials of each foreign country with jurisdiction over companies that manufacture, market, sell, or purchase precursor or essential chemicals used in the illicit manufacture of controlled substances, with priority given to countries knowingly or unknowingly supplying such chemicals, to: (1) establish a list of such chemicals; (2) achieve international agreement on a method for maintaining records of transactions of such chemicals; (3) establish a procedure by which such records may be made available to U.S. law enforcement authorities; and (4) encourage source countries to enact national chemical control legislation. Requires the President to impose sanctions (such as barring transactions within the interstate or foreign commerce of the United States) on any company or other entity that refuses to maintain records to monitor and regulate transactions of listed precursor chemicals or that refuses to make such records available to U.S. law enforcement authorities for investigative purposes. Authorizes and directs the Attorney General to conduct research into additives and other means which would render precursor and essential chemicals useless in the production and manufacture of illegal drugs but that would not affect the legitimate commercial uses of such chemicals. Authorizes appropriations. Requires the Secretary of Defense to: (1) transfer four AH-1J helicopters to the Government of Colombia for anti-drug interdiction operations; and (2) make available sums for the training of Colombian personnel by Department of Defense (DOD) personnel in the operation, maintenance, logistics support, and deployment of such helicopters. Urges the Secretary of State to fully consider and implement proposals from U.S. allies for combatting illicit narcotics, including cooperation in law enforcement, interdiction, prevention, treatment, and research. Title II: Interdiction - Subtitle A: Department of State - Authorizes appropriations for the procurement of UH-1 helicopter upgrade improvement kits to enhance the performance of such helicopters used in drug interdiction operations in major drug transit countries. Subtitle B: Customs Service - Amends the Customs Procedural Reform and Simplification Act of 1978 to authorize appropriations for additional canine enforcement teams and research and development and to increase the number of full-time Customs Service inspectors deployed at ports of entry under the contraband inspection program. Subtitle C: Defense - Authorizes appropriations for the Army National Guard to upgrade surveillance helicopters. Provides for: (1) the deployment of such helicopters by Guard units of Arizona, California, New Mexico, and Texas to support interdiction operations carried out by civilian law enforcement agencies; and (2) coordination with specified agencies. Authorizes appropriations to DOD for airborne early warning surveillance (AEW) aircraft. Authorizes the Secretary of Defense to make the P-3 AEW aircraft available to the Customs Service. Subtitle D: Making Drug-Related Intelligence a Level-One Intelligence Priority - Calls for the U.S. intelligence community to devote greater resources to intelligence activities relating to international drug production and trafficking. Urges the Director of Central Intelligence (DCI) to: (1) make support of anti-drug efforts a Level One Priority in his National Foreign Intelligence Strategy; (2) reflect such priority in the National Foreign Intelligence Program; and (3) include in his next National Foreign Intelligence Budget a separate and detailed request for funds necessary to make such activities a Level One Priority. Expresses the sense of the Congress that the DCI should expand resources devoted to human intelligence directed against international drug trafficking, particularly with respect to law enforcement operations along the U.S. border. Subtitle E: Preventing Drug Traffickers From Entering the United States Using Fraudulent Immigration Documents - Directs the Secretary of State and the Attorney General to: (1) establish a program under which applicants for entry into the United States shall be required to submit fingerprints at the time of application and to be checked against records of the Federal Bureau of Investigation (FBI), the Immigration and Nationalization Services (INS), and other U.S. agencies to ensure that the applicant has not submitted fraudulent documentation or is not otherwise excludable under U.S. immigration laws; (2) implement such program in two phases, including a two-year pilot program for applicants from major drug-producing or transit countries (phase I) and implementation over the next three years and expansion to all alien applicants requesting entry into the United States (phase II); and (3) conduct a comprehensive review and evaluation of such program and submit specified reports to the Congress. Subtitle F: Situational Awareness Technology - Makes certain funds authorized to be appropriated for Research, Development, Test, and Evaluation, Air Force, available for continued development of situational awareness technology for military and civilian drug interdiction applications. Title III: Law Enforcement - Subtitle A: State and Local Law Enforcement Assistance - Amends the Omnibus Crime Control and Safe Streets Act of 1968 (Omnibus Act) to authorize appropriations for the Drug Control and System Improvement Grant Program. Subtitle B: Interstate Transportation for Purposes of Drug Activity - Amends the Controlled Substances Act (CSA) to prohibit the transport in interstate or foreign commerce of a person for the purpose of engaging in the growing, harvesting, manufacture, distribution, or dispensing of a controlled or counterfeit substance. Subtitle C: Drug-Free School Zones - Directs the Attorney General to develop a model program of strategies and tactics for establishing and maintaining drug-free school zones which provide State and local law enforcement agencies with materials, training, and other assistance to establish, enforce, and evaluate the effectiveness of drug-free school zone enforcement efforts. Delineates criteria for such model program, including defining the criminal justice community's role in creating and maintaining such zones, developing a framework for law enforcement collaboration with the school system and community resource network, providing materials and technical assistance for demarcating and establishing such zones, and creating a uniform framework for monitoring and evaluating their effectiveness. Authorizes appropriations. Subtitle D: Drug Testing of Defendants on Probation or Supervised Release - Amends the Federal criminal code to require: (1) the Director of the Administrative Office of the U.S. Courts to establish a program of drug testing of criminal defendants on supervised release; and (2) the chief probation officer in each district to arrange for the drug testing of such defendants. Requires, as an explicit condition of probation, parole, or supervised release of a defendant involving a felony or a specified violent or drug offense, that the defendant refrain from any unlawful use of a controlled substance and submit to periodic drug tests. Sets limitations on the authority to require such tests and to take action against a defendant based on test results. Subtitle E: Civil Forfeiture - Eliminates a restriction on the disposal of judicially forfeited property by the Secretary of the Treasury and the Postal Service. Subtitle F: Authorization of Appropriations - Authorizes appropriations, to carry out the activities of the Department of Justice (DOJ), for: (1) the hiring of additional personnel for the U.S. Attorney's office, and for additional agents of the FBI; (2) the Drug Enforcement Administration (DEA); (3) the States, under the formula grant program administered by the Office of Justice Programs, for rural drug enforcement; (4) State and local multi-agency tactical narcotics teams in high intensity drug areas; (5) the establishment by DEA of a foreign precursor chemical program; (6) the establishment and operation of a national drug and related crime tip hotline; and (7) the INS. Authorizes appropriations, to carry out the activities of the Department of the Treasury, for: (1) the Bureau of Alcohol, Tobacco, and Firearms; (2) the Federal Law Enforcement Training Center; and (3) the U.S. Customs Service. Subtitle G: Regional Prisons - Authorizes appropriations for the construction and operation of ten regional prisons for State and Federal prisoners found to have substance abuse problems requiring long-term treatment to be located in places chosen by the Director of National Drug Control Policy. Sets forth requirements regarding prisoner eligibility, State responsibilities with respect to such prisons, and the powers of the Director of the Bureau of Prisons. Subtitle H: Victims of Child Abuse Act of 1992 - Victims of Child Abuse Act of 1992 - Chapter 1: Drug-Related Child Abuse; Habitual Child Abuse Offense - Amends the Federal criminal code to make it a felony to commit a crime of violence against a person under age 18 if the offense was committed as part of a violation of the CSA or the Controlled Substances Import and Export Act. Requires the Attorney General to amend the United States Attorneys' Manual to reflect the intent of the Congress that Federal prosecution occur only in egregious cases of drug-related abuse and neglect. Requires the United States Sentencing Commission to promulgate guidelines to provide that a defendant convicted of such an offense, who has previously been convicted on two separate occasions of a sexual offense or crime of violence in which the victim was under age 18, shall receive the maximum punishment authorized by law. Chapter 2: Improving Investigation and Prosecution of Child Abuse Cases - Requires the Administrator of the Office of Juvenile Justice and Delinquency Prevention to make grants to develop multidisciplinary child abuse investigation and prosecution programs. Enumerates program criteria, including requirements identifying a neutral site for counseling child victims of sexual and serious physical abuse and neglect, referring cases to such counseling center within 24 hours, minimizing the number of interviews the child victim must attend, requiring that all interviews and meetings with a child victim occur at the counseling center, designating a director for the multidisciplinary program, and assigning volunteers or staff advocates to each child's family. Requires the Administrator to make grants to provide technical assistance and training to attorneys and others instrumental to the criminal prosecution of child abuse cases in State or Federal courts. Authorizes appropriations. Chapter 3: Court-Appointed Special Advocate Program - Requires the Administrator to: (1) make grants to expand the court-appointed special advocate program; (2) establish criteria to be used in evaluating grant applications, which shall include a program providing screening, training, and supervision of court-appointed special advocates. Authorizes appropriations. Chapter 4: Child Abuse Training Programs for Judicial Personnel and Practitioners - Requires the Administrator to provide technical assistance and training to judicial personnel and attorneys to improve the judicial system's handling of child abuse and neglect cases and provide administrative reform in juvenile and family courts. Subtitle I: Rural Drug Enforcement - Rural Drug Enforcement Act - Requires the Director of National Drug Control Policy to designate a Rural Drug Policy Coordinator to examine the special needs of rural areas in drug interdiction and coordinate the drug interdiction efforts of Federal agencies in such areas. Amends the Omnibus Act to set aside specified sums for rural areas. Directs the Attorney General to assign for any rural State that is currently assigned less than ten drug enforcement agents not less than four additional special agents. Directs the Secretary of the Treasury to develop a drug interdiction training program for law enforcement officers in rural areas. Authorizes appropriations. Title IV: Prevention, Treatment, and Education - Subtitle A: Drug Testing - Quality Assurance in the Private Sector Drug Testing Act of 1992 - Prohibits any employer engaged in commerce from refusing to hire an applicant, taking adverse action against an employee, or discharging an employee on the basis of the results of a drug test administered to the applicant or employee unless such test was conducted by a laboratory which: (1) meets guidelines prescribed by the Secretary of Health and Human Services; (2) requires a confirmatory test when an initial screening test is positive; and (3) provides guidelines to the employers on procedures for the collection of specimens to be tested and the chain of custody. Subjects an employer who takes any such action on the basis of a drug test result conducted by a laboratory which does not meet such requirements to a civil penalty of $10,000. Subtitle B: Miscellaneous Provisions - Amends the Public Health Service Act (PHSA) to require the Administrator of the Alcohol, Drug Abuse, and Mental Health Administration (ADAMHA) to make grants and enter into contracts and cooperative agreements to provide clinical training in alcohol and drug abuse and to develop curricula and materials for such training. Authorizes appropriations. Increases the ADAMHA block grant authorization. Authorizes the use of ADAMHA block grant funds for alcohol abuse and drug addiction treatment services in State or local correctional facilities. Requires the State, as a condition on the receipt of Federal funds, to maintain State expenditures for drug abuse-related services at a level equal to not less than the average amount of such expenditures for the preceding two years. Requires States to develop and submit to the Secretary annually for review and approval a Statewide Drug Treatment Plan. Requires the Director of the Office for Substance Abuse Prevention, in making grants for model projects for pregnant and post-partum women and their infants, to give priority to projects that will provide treatment services and that include specified programs including outreach services, child care, transportation, and other support services, case management services, and any other services that will tend to improve pregnancy outcomes, reduce substance abuse among women of childbearing age, and increase the stability of the family home environment. Bars the Director from making such grants unless specified conditions are met, such as the applicant's agreeing to provide the health service directly, that any charge imposed be according to a schedule of charges made available to the public and be adjusted to reflect the recipient's income and resources, and that no charge be imposed upon any women with an income less than 100 percent of the official poverty line. Authorizes appropriations. Establishes in ADAMHA the Office for Treatment Improvement (Treatment Office) to: (1) collaborate with the Director of the Office for Substance Abuse Prevention and the Director of the National Institute on Drug Abuse (NIDA); (2) evaluate State plans and carry out programs under existing provisions; (3) train providers of prehospital emergency medical services; (4) conduct or support described programs; and (5) take other actions with regard to treatment. Authorizes appropriations. Establishes within the General Accounting Office a Special Panel on Evaluation of Drug Prevention, Education, and Treatment Programs. Authorizes appropriations. Requires the Director of the Treatment Office to establish programs to provide grants to: (1) eligible institutions to provide training services to increase the supply of drug treatment professionals; and (2) hospitals, community health centers, and other appropriate entities that serve nonmetropolitan areas to assist in developing and implementing projects (at least one in each State) that provide, or expand the availability of, substance abuse treatment services. Requires the alcohol and drug abuse information clearinghouse required to be established under the PHSA to: (1) gather information pertaining to ADAMHA and other rural drug abuse treatment and education projects operating throughout the United States; and (2) disseminate information to rural hospitals, community health centers, community mental health centers, treatment facilities, community organizations, and other interested individuals. Transfers authority from the Administrator of ADAMHA to the Director of the Treatment Office for an existing grant program for reduction of the waiting period for drug abuse treatment. Removes provisions prohibiting more than one grant for any treatment program. Allows a grantee to spend not more than 50 percent of the grant for follow-up services. Increases the authorization of appropriations. Sets forth reporting requirements. Authorizes appropriations for the Federal Prison System for substance abuse treatment services. Directs the Bureau of Prisons to separate drug-dependent offenders undergoing treatment from the general prison population and avoid returning such offenders to the general prison population after the completion of the treatment program. Requires the Attorney General to: (1) make sums available from appropriations authorized for DOJ to establish a Federal training center to train Federal, State, and local prison officials to develop treatment and rehabilitation programs for drug-dependent prisoners; and (2) require the Director of the prison system to see that no less than 25 percent of all new prison beds at any new prison facility, beginning in FY 1992, include treatment and rehabilitation programs and accommodations for drug-dependent offenders. Requires the Director of the Treatment Office to establish programs to provide grants to public and nonprofit private entities that provide drug treatment services to individuals under criminal justice supervision. Subtitle C: Education and Prevention - - Reauthorizes appropriations under the Drug Free Schools and Communities Act of 1986. Amends such Act to require the Secretary of Education to establish and administer a model program to provide grants to schools and institutions to implement comprehensive drug education programs providing for the establishment of an anti-drug policy, implementation of peer to peer programs that allow children to talk about handling pressures to use and sell drugs, and family and community involvement in drug prevention. Sets forth criteria for grant awards. Authorizes appropriations. Requires such Secretary to expand existing programs at the Department of Education to provide schools with greater access to programs that teach skills in resisting drug abuse and assertiveness training for children in grades kindergarten through 12. Authorizes appropriations. Amends the PHSA to direct the Secretary of Health and Human Services to establish: (1) a program to make grants to eligible institutions that establish or expand drug prevention programs to be comprehensive in nature and to include an anti-drug policy, peer to peer drug abuse programs, and family and community involvement; and (2) a National Substance Abuse Prevention Training Program to make grants to States, local agencies, and community organizations to provide substance abuse prevention training and to coordinate with other community resources and programs. Authorizes appropriations. Directs such Secretary to establish a National Drug Prevention Corps. Authorizes appropriations. Requires the Director of National Drug Control Policy to provide resources to assist members of the motion picture and television industries in the production of programs that carry anti-drug messages. Authorizes appropriations. Expresses the sense of the Congress that: (1) all places of work should be drug-free; (2) corporate America should take an active role in assisting employees with drug-related problems; and (3) employers should take specified steps towards creating a drug-free workplace, such as establishing a clear drug-free policy and establishing an employee assistance plan for substance abusing employees. Directs the Secretary of Labor to: (1) identify 100 major business regions in the United States and contact local chief executive officers in such regions to encourage them to develop in each region a Corporation Against Drug Abuse program; and (2) provide each region with $10,000 to assist such officers in coordinating such program in each region. Amends the Drug-Free Workplace Act of 1988 to include within the drug-free awareness programs for Federal contractors and Federal grant recipients discussions of the dangers and early signs of drug abuse by children. Title V: Department of Defense - Authorizes the Secretary of Defense to plan and execute training missions for the primary purpose of assisting civilian law enforcement agencies in connection with counter-drug activities. Amends the Department of Defense Authorization Act of Fiscal Years 1990 and 1991 to authorize the Secretary to transfer excess communications equipment to civilian law enforcement agencies of foreign countries to assist in counter-drug activities. Authorizes the President to lease excess engineering equipment in the inventory of DOD to foreign governments to assist in anti-drug activities or in the development of their infrastructure at nominal or no cost to such governments. Authorizes the Secretary to make available logistic support to any major illicit drug producing country which has been transferred excess defense articles. Allocates funds appropriated for such support. Title VI: Sanctions for Failure to Land or to Bring To - Makes it unlawful for the pilot, operator, or other person in charge of an aircraft subject to U.S. jurisdiction to refuse to obey the order of an authorized Federal law enforcement officer to land in cases involving enforcement of controlled substances or money laundering laws. Sets forth analogous provisions with respect to vessels. Establishes penalties for violation of such provisions. Specifies that any vessel or aircraft used in such a violation may be seized and forfeited. Amends the Federal Aviation Act of 1958 to require: (1) revocation of the registration certificate of an aircraft that refuses to land when ordered to do so by a law enforcement officer; and (2) the Administrator of the Federal Aviation Administration to establish procedures for the owner of the aircraft to show cause why the registration should not be revoked or why it would be in the public interest to issue a new certificate of registration to be effective concurrently with the revocation which occurred by operation of law. Authorizes the Coast Guard to issue orders and make inquiries, searches, seizures, and arrests with respect to violations of U.S. laws occurring aboard any aircraft over the high seas and waters over which the United States has jurisdiction. Specifies the method by which orders to land an aircraft must be communicated. Establishes a civil penalty for failure to comply with a lawful boarding or order to land. Amends the Tariff Act of 1930 to: (1) authorize U.S. Customs officers to exercise their enforcement authority outside of the United States, including any location in which Customs officers are permitted to conduct inspections, examinations, or searches; and (2) provide civil penalties for failure of an aircraft to comply with Customs officer orders to land or bring to and Tariff Act provisions regarding the boarding of vessels. Title VII: Protection of Witnesses, Jurors, and Court Officers - Increases penalties for obstruction of justice offenses against court officers and jurors and for retaliatory killings of witnesses, victims, and informants. Title VIII: Narcotics-Related Public Corruption - Specifies that any: (1) public official who corruptly demands, seeks, or accepts anything of value in return for being influenced in the performance or non-performance of an official act or influenced to commit or aid in committing any Federal or State offense shall be guilty of a class B felony; and (2) person who corruptly gives, offers, or promises anything of value to a public official (or offers to give anything of value to any other person) with intent to influence any official act or to influence such public official to commit a Federal or State offense or to do or omit any act in violation of such official's lawful duty shall be guilty of a class B felony. Authorizes funding for undercover operations by the Department of the Treasury. Title IX: Asset Forfeiture and Money Laundering - Makes technical and conforming amendments to the CSA, Federal criminal code, and Tariff Act. Title X: Miscellaneous - Adds certain cocaine and drug conspiracy and attempt offenses committed by juveniles to the list of crimes authorizing prosecution as an adult if the Attorney General certifies that there is a substantial Federal interest in the case that justifies adult prosecution. Authorizes the disclosure of cable television subscriber information to a Federal grand jury. Amends the Anti-Drug Abuse Act of 1988 to permit an arrest warrant to be issued for a foreign fugitive about to enter the United States. Title XI: High Priority Research Areas - Subtitle A: General Provisions - Expresses the sense of the Congress that the Medications Development Division of NIDA shall devote special attention and resources to achieving the development of a methadone alternative, a long-acting narcotic antagonist, a cocaine blocking treatment, a cocaine blocker/narcotic antagonist treatment, medications to treat addictions to methamphetamine, and medications to treat pregnant addicts and their fetuses. Requires: (1) the Director of the Division to establish a panel of independent experts in the field of pharmacotherapeutic treatment of drug addiction to assess the national strategy for developing such treatments and make appropriate recommendations; and (2) the Surgeon General of the United States to submit to the appropriate congressional committees a report setting forth recommendations of such panel and assessing the progress of the Nation toward development of safe, efficacious pharmacological treatments for drug addiction. Subtitle B: Counter-Narcotics Technology Assessment Center - Counter-Narcotics Technology Act of 1992 - Amends the Anti-Drug Abuse Act of 1988 to establish within the Office of National Drug Control Policy (ONDCP) the Counter-Narcotics Technology Assessment Center, to operate under the general authority of the Deputy Director for Supply, ONDCP, to serve as the central counter-narcotics enforcement research and development organization of the U.S. Government. Requires that there be at the head of the Center the Chief Scientist of Counter-Narcotics Technology. Requires, beginning with the FY 1992 budget, that the Director of National Drug Control Policy submit a separate appropriations request for expenses relating to all Federal agencies for counter-narcotics enforcement research and development programs. Establishes a national counter-narcotics technology account. Requires such appropriations to be made to the account for the Director to make reimbursements to the involved agencies. Authorizes appropriations. Subtitle C: National Drug Abuse Epidemiology - Amends the PHSA to require the Secretary of Health and Human Services to establish a National Drug Intelligence Epidemiology System to: (1) conduct research and provide documentation on the leading drug abuse indicators, such as drug-related emergency room visits, deaths, and drug treatment admissions; (2) publish data concerning such indicators on a quarterly basis; and (3) distribute publications concerning such information to medical professionals, police agencies, and others involved in anti-drug efforts. Authorizes appropriations. Requires the Secretary to establish a National Drug Abuse Report Card to: (1) collect research on such indicators; (2) characterize the statistics compiled by age, ethnic, and gender groups, by regional variations, and by at-risk groups; (3) include estimates of drug use among previously under-surveyed groups; and (4) publish and distribute reports on a quarterly basis. Authorizes appropriations. Subtitle D: Land-Based Drug Interdiction Technology - Requires: (1) the Director of the U.S. Border Patrol to make certain sums available to accelerate the development of new technologies for land-based drug interdiction systems to be deployed along the U.S.-Mexican border to monitor narcotics trafficking activity, and to have such technology available for deployment by June 1, 1993; and (2) the Attorney General to ensure that the development of such technology is included in any comprehensive plan for utilizing existing research and development facilities of specified Federal agencies to carry out their anti-drug missions. Title XII: Appropriations - Provides for a reduction in amounts available for Government travel to cover the cost of any additional outlays resulting from this Act, with exceptions.
Bill· HRH.R. 5315 (102nd)referred
United States · United States Congress · 3 June 1992
Farm and Rural Medical Equity Reform Act of 1992 - Title I: Deductibility of Health Insurance Expenses for the Self-Employed - Amends the Internal Revenue Code to increase the deduction for health insurance costs of self-employed individuals from 25 percent to 100 percent. Title II: Medical Savings Accounts - Allows individuals a tax deduction for contributions made to a medical care savings account established for the benefit of an eligible individual. Defines an eligible individual as: (1) one who is not covered by an employer-provided group health plan; or (2) one who is covered by such a plan which is a qualified catastrophic coverage health plan and is not covered by an other health plan. Makes such accounts tax-exempt, but subject to taxes imposed on unrelated business income of charitable, etc. organizations. Allows such deduction in arriving at adjusted gross income. Establishes an excise tax for excess contributions to medical care savings accounts and makes such accounts subject to the tax on prohibited transactions. Allows the transfer of unused amounts in flexible spending accounts of cafeteria plans to medical savings accounts. Provides special rules for transfers to cash or deferred arrangements. Allows the full deduction for medical, dental, etc., expenses for amounts paid for qualified catastrophic coverage health plans. Title III: Uniform Claims; Electronic Cards; Electronic Billing - Directs the Secretary of Health and Human Services to establish an Advisory Council on Health Claim Processing Standardization to submit recommendations to the Secretary concerning: (1) standards for uniform health claim reimbursement forms for hospitals and physicians and the information to be contained on such forms; (2) standards for electronic cards that could be used to store a patient's insurance information and medical records; and (3) the computerization of health claim billing and the use of electronic means to transmit billing information from hospitals and physicians to insurers and the Secretary. Requires the Secretary, taking into account such recommendations, to specify a uniform health claim reimbursement form for use by hospitals and such a form for use by physicians. Title IV: Health Insurance Portability Provisions - Prohibits an insurance carrier from imposing (or requiring an employer to impose through a waiting period for coverage under a group health plan or similar requirement) a limitation or exclusion of benefits under a group health plan for a pre-existing condition under specified circumstances. Provides for the continuity of coverage through the previous satisfaction of a pre-existing condition requirement. Limits the amount by which premiums previously charged a small employer may be increased for a newly covered employer. Imposes an excise tax for violation of such provisions. Title V: Improved Access to Rural Health Services - Subtitle A: Rural Emergency Medical Services Amendments - Amends title XII (Trauma Care) of the Public Health Service Act to apply the title to emergency medical services (including trauma care) and to modify the duties of the Secretary of Health and Human Services under the title. Establishes the Office of Emergency Medical Services. Authorizes grants to States to improve the availability and quality of emergency medical services through the operation of State offices of emergency medical services. Requires projects under existing provisions to include demonstration projects to establish telecommunications between rural medical facilities and medical facilities that have expertise or equipment useful to the rural facilities through telecommunications. Authorizes appropriations for carrying out specified provisions of the title. Subtitle B: Extension of Special Treatment Rules for Medicare-Dependent, Small Rural Hospitals - Amends title XVIII of the Social Security Act to extend through March 31, 1994 (currently, 1993) special payments under part A of Medicare for the operating costs of inpatient services of small, rural Medicare-dependent hospitals. Subtitle C: Outreach Grants Program - Amends the Public Health Service Act to authorize grants to demonstrate new and innovative models of outreach and health care services delivery in rural areas that lack basic health services. Conditions grants on formation of consortia of at least three health care providers or at least three social service providers. Authorizes appropriations.
Bill· HRH.R. 5320 (102nd)referred
United States · United States Congress · 3 June 1992
Rural Community Environmental Assistance Act of 1992 - Amends the Federal Water Pollution Control Act to extend the authorization of appropriations for State water pollution control revolving funds through FY 2000. Requires each State to establish a rural community environmental assistance account in such fund and to deposit at least 25 percent of the amount of the grant received for the establishment of the fund into such account. Permits monies in such accounts to be used only for the construction of wastewater treatment works and public water systems in economically distressed rural communities, subject to certain loan and grant conditions. Requires States to determine the amount of interest to be charged on loans and to establish grant eligibility criteria. Permits assistance to be provided only if: (1) the wastewater treatment works is consistent with planning requirements under the Federal Water Pollution Control Act; and (2) the public water system is approved by the State agency with primary enforcement authority under the Safe Drinking Water Act. Requires States, in providing such assistance, to give priority to an economically distressed rural community in which: (1) there is a need for collector sewers and interceptors to improve access to wastewater treatment facilities; (2) residents rely on inadequate wastewater treatment facilities or drinking water systems that are determined by public health officials to be a hazard; or (3) residents rely on public water systems which do not meet requirements of the Safe Drinking Water Act. Authorizes States to provide such assistance for eligible innovative projects only after conducting a cost-benefit analysis. Requires States to submit plans for the intended uses of amounts in rural community environmental assistance accounts to the Administrator of the Environmental Protection Agency. Requires the Administrator to approve or disapprove such plans. Reserves one percent of funds in such accounts per fiscal year for planning activities. Permits the submission of a plan only if it has been approved by a State Rural Environmental Infrastructure Advisory Panel. Requires such panels to assist in plan preparation, review, and approval. Sets forth accounting and auditing requirements. Withholds payments from States that fail to comply with requirements for rural community environmental assistance accounts. Directs the Administrator to: (1) make grants to regional, State, and local agencies and not-for-profit organizations to assist economically distressed rural communities by providing technical assistance for the financing, operation, and maintenance of wastewater treatment works and public water systems; and (2) set aside a specified percentage of appropriations for such grants.
Bill· HRH.R. 5312 (102nd)referred
United States · United States Congress · 3 June 1992
Amends the Internal Revenue Code to require third-party information reporting of any interest and royalties paid to corporations. Establishes exceptions from required information return filing in connection with certain dividends that have de minimis tax consequences, as determined in accordance with prescribed criteria.
Bill· HRH.R. 5308 (102nd)referred
United States · United States Congress · 3 June 1992
Amends the Internal Revenue Code to prohibit the activity of soliciting and receiving qualified sponsorship payments (payments received by tax-exempt organizations from corporations and other sponsors in connection with athletic and other public events) from being treated as a separate trade or business for purposes of the tax on unrelated business income of charitable, etc., organizations. Makes such prohibition applicable to sponsorship payments received before January 1, 1996, with respect any public event occurring before January 1, 1995. Requires the Secretary to report to specified congressional committees on such tax treatment of sponsorship payments.
Bill· SS. 2796 (102nd)referred
United States · United States Congress · 2 June 1992
Amends the Internal Revenue Code to exempt certain passengers from the harbor maintenance tax with respect to Alaska, Hawaii, and possessions of the United States.
Bill· HRH.R. 5306 (102nd)referred
United States · United States Congress · 2 June 1992
Amends the Internal Revenue Code to permit amounts in State unemployment funds to be used to provide cash benefits to an individual who is establishing a business as a self-employed individual.
Bill· HRH.R. 5303 (102nd)referred
United States · United States Congress · 2 June 1992
Amends the Internal Revenue Code to make the targeted jobs credit permanent. Replaces economically disadvantaged Vietnam-era veterans as members of targeted groups with conflict-era veterans. Defines such a veteran as any individual who has been awarded by the Department of Defense a campaign ribbon, a liberation ribbon, or a national defense service medal.
Resolution· HRESH.Res. 474 (102nd)passed
United States · United States Congress · 2 June 1992
Sets forth the rule for the consideration of H.R. 5006 (armed forces funding).
Bill· HRH.R. 5302 (102nd)referred
United States · United States Congress · 1 June 1992
Amends the Internal Revenue Code to allow a first-time homebuyer a tax credit of ten percent of the purchase price of a principal residence. Limits such credit to $5,000. Amends the National Housing Act to prohibit the Secretary of Housing and Urban Development from limiting the closing costs financed under the Federal Housing Authority single family housing mortgage insurance program.
Bill· HRH.R. 5277 (102nd)referred
United States · United States Congress · 28 May 1992
Emergency Nurse Shortage Relief Act of 1992 - Amends title VIII (Nurse Education) of the Public Health Service Act to authorize the Secretary of Health and Human Services to make grants for programs to: (1) promote nursing as a career, including promotion in public secondary schools; (2) identify and provide internships to students in such schools who show an interest in health care; and (3) recruit nursing students from groups not traditionally well represented in the profession. Authorizes appropriations. Authorizes the Secretary to make grants for programs to: (1) encourage and assist non-practicing nurses to reenter the profession; (2) train nurses as nurse practitioners or nurse midwives or in areas of needed specialized nursing skills; and (3) provide tuition assistance to students in educational programs designed to facilitate reentry. Authorizes appropriations. Authorizes the Secretary to make grants for programs to: (1) increase the attractiveness of nursing as a career through changes in wage structures, employment options and benefits, and the role of nurses in health care facilities; and (2) demonstrate innovative methods of providing for career advancement and encourage nurses and nurse assistants to continue nursing education. Authorizes appropriations. Authorizes the Secretary, subject to appropriations, to establish a program to insure educational loans to individuals with a degree as a registered nurse for educational expenses related to training nurses as nurse practitioners or nurse midwives or in areas of needed specialized nursing skills. Makes provisions of the Federal Program of Insured Loans to Graduate Students in Health Professions Schools, established by current law in the Public Health Service Act, apply to this program except as inconsistent. Authorizes the Secretary, subject to appropriations, to enter into agreements with eligible individuals to assist in repaying specified amounts of their eligible educational loans. Sets forth criteria for an individual to be eligible to receive assistance, including a requirement that the individual agree to work full-time as a registered nurse in a nursing crisis area. Sets forth a schedule for loan repayment by the Secretary to the holder of the loans based on the number of years of work completed as agreed. Amends the Internal Revenue Code to allow C corporations a tax credit for 20 percent of the amount paid or incurred as qualified nursing scholarships.
Bill· HRH.R. 5280 (102nd)referred
United States · United States Congress · 28 May 1992
Domestic Investment Economic Growth Act - Amends the Internal Revenue Code to exclude from gross income gain on qualified investments in an enterprise zone business and a domestic business. Excludes 100 percent of such gain from investment in an enterprise zone business or an urban enterprise zone, and 50 percent of such gain from other qualified investments. Provides for the establishment of investment savings accounts. Allows an individual a reduction of 50 percent of the qualified contributions to an investment savings account. Sets forth the rules for computing such deduction if the individual is not less than 59 1/2 years of age. Limits the maximum annual deduction to $100,000. Defines qualified contributions as the lesser of the individual's qualified savings increase amount or the contributions made by the individual to the investment savings account. Provides a formula for determining the savings increase amount. Defines an investment savings account as a trust created for the exclusive benefit of an individual and the individual's beneficiaries if the account meets certain requirements including that the assets will be invested in: (1) eligible investments; (2) bonds issued by enterprise zone businesses and domestic businesses; and (3) loans to such businesses. Provides that any amount distributed out of such an account shall be included in the gross income of the distributee, except for amounts held in the account for at least ten years. Makes such accounts tax-exempt, except for the imposition of the tax on unrelated business income of charitable, etc., organizations. Disallows such exemption where the contributor engages in prohibited transactions. Imposes, in the case of a distribution from an investment savings account, an additional tax of ten percent of the amount of the distribution which is includible in the gross income of the distributee. Makes such tax inapplicable to distributions held in such accounts for at least five years if such distributions were made for: (1) home purchase expenses; (2) automobile purchase expenses; (3) education expenses; and (4) medical expenses. Makes such tax inapplicable if the distribution is made after the individual for whose benefit the account is established attains age 59 1/2 years or becomes disabled. Sets forth special rules and reporting requirements. Allows the deduction for contributions to investment savings accounts in computing adjusted gross income. Declares that such contributions are not subject to the gift tax. Subjects such accounts to the tax on excess contributions, the tax on prohibited transactions, and the penalty for failure to provide reports on individual retirement accounts or annuities. Imposes a penalty on any person who promotes a nonqualified investment as eligible under the provisions of this Act.
Bill· HRH.R. 5279 (102nd)referred
United States · United States Congress · 28 May 1992
Economic Growth Incentive Act of 1992 - Title I: Reduction in Individual Income Taxes - Amends the Internal Revenue Code to provide for a five-percent decrease in individual income taxes for: (1) married individuals filing joint returns and surviving spouses; (2) heads of households; (3) unmarried individuals (other than surviving spouses and heads of households; (4) married individuals filing separate returns; and (5) estates and trusts. Title II: Incentive for Purchase of American-Made Property - Allows an itemized deduction for State and local general sales taxes imposed on the retail sale of American-made proeprty. Title III: Surface Transportation Programs - Amends the Intermodal Surface Transportation Efficiency Act of 1991 to repeal the obligation ceiling for Federal-aid highways and highway safety construction programs. Repeals authorized appropriations for FY 1993 and beyond and authorizes appropriations (and generally increases such appropriations) for FY 1993 and 1994 for the following programs: (1) highway programs; (2) construction of national defense highways located outside the United States; (3) the interstate substitute program; (4) donor State bonus amounts; (5) apportionment adjustments; (6) set asides for interstate discretionary projects; (7) the discretionary bridge program; (8) national high-speed ground transportation programs; (9) the highway timber bridge program; (10) highway use tax evasion projects; (11) the scenic byways program; (12) construction of ferry boats and ferry terminal facilities; (13) certain highway safety programs; (14) Federal Transit Act authorizations; and (15) the motor carrier safety grant program. Repeals FY 1992 budget compliance provisions. Accelerates from FY 1996 and 1997 to FY 1993 and 1994 the authority for reimbursements for segments of the Interstate System constructed without Federal assistance. Removes the highway safety obligation ceilings. Repeals the required reduction in certain Federal Transit Act authorizations for budget compliance. Amends the Internal Revenue Code to repeal the adjustment of apportionments for the Highway Trust Fund. Title IV: Relief from Credit Crunch - Expresses the sense of the Congress that: (1) the current "credit crunch" should be eased by making it easier for businesses and individuals to obtain loans and leases; and (2) State banking authorities and the appropriate Federal banking agencies should more sensibly apply the requirements on loan loss reserves so as not to punish or restrain responsible borrowers. Title V: Cap on Federal Employment - Prohibits the number of Federal employees from exceeding such number on the date of enactment of this Act. Rescinds all unobligated amounts that were appropriated before such date to pay salary, wages, or benefits for a position not filled on that date. Title VI: Reduction in Federal Overhead Expenses - Rescinds ten percent of all unobligated amounts that were appropriated before the date of enactment of this Act to pay overhead expenses of any Federal agency. Reduces authorizations for any fiscal year to pay overhead expenses of any Federal agency by ten percent.
Bill· HRH.R. 5285 (102nd)open
United States · United States Congress · 28 May 1992
Federal Bureau of Investigation Appropriations Authorization Act, Fiscal Year 1993 - Authorizes appropriations to carry out the activities of the Federal Bureau of Investigation (FBI) for FY 1993, including funds for: (1) the purchase and hire of passenger motor vehicles; (2) the acquisition, lease, maintenance, and operation of aircraft; (3) unforeseen emergencies of a confidential character; (4) making payments or advances for expenses arising out of contractual or reimbursable agreements with State and local law enforcement agencies while engaged in cooperative activities related to violent crime, terrorism, and drug investigations; (5) research and development relating to investigative activities; (6) automated data processing and telecommunications; (7) undercover operations; (8) defraying expenses for the automation of fingerprint identification services and related costs; (8) maintaining an independent program office dedicated solely to the relocation of the Identification Division and the automation of fingerprint identification services; (9) the FBI's white collar crime, drug, violent crime, and organized crime programs; and (10) official reception and representation expenses. Authorizes the Attorney General to use funds authorized to be appropriated for the FBI to make payments for the conduct of its activities. Bars the use of such payments to pay the compensation of any employee in the competitive service, but permits payments for: (1) expenses necessary for the detection and prosecution of crimes against the United States; (2) protection of the President and the Attorney General; (3) investigations regarding official matters under the control of the Department of Justice and the Department of State; and (4) acquisition, collection, classification, and preservation of identification and other records and their exchange with, and for the official use of, authorized officials of the Federal Government, States, cities, and other institutions, with such exchange subject to cancellation if dissemination is made outside the receiving departments or agencies. Establishes provisions governing the use of funds for FBI undercover investigative operations. Permits (subject to or without regard to specified limitation): (1) sums authorized to be appropriated for the FBI for FY 1993 to be used for purchasing property, buildings, and other facilities, and for leasing space, within the United States, the District of Columbia, and the territories and possessions of the United States, or to establish or acquire proprietary business entities and operate such entities; (2) such sums and the proceeds from such undercover operations to be deposited in financial institutions; and (3) proceeds from such undercover operations to be used to offset necessary and reasonable expenses incurred. Sets forth additional requirements regarding the deposit of such proceeds, the disposition of business entities, and auditing and reporting requirements.
Bill· HRH.R. 5300 (102nd)referred
United States · United States Congress · 28 May 1992
Amends the Federal Transit Act to increase from 50 percent to 100 percent for FY 1993 and 1994 the Federal share of the costs of establishing and operating a university transportation center.
Bill· HRH.R. 5289 (102nd)referred
United States · United States Congress · 28 May 1992
Every Fifth Child Appropriations Act - Appropriates funds to carry out the special supplemental food program for women, infants, and children (WIC program) authorized in specified provisions of the Child Nutrition Act of 1966. Declares that, in order to achieve full funding for the program, there should be specified amounts appropriated in certain fiscal years. Appropriates funds to carry out the Head Start programs authorized in specified provisions of the Head Start Act. Declares that, in order to achieve full funding for the programs, there should be specified amounts appropriated in certain fiscal years. Appropriates funds to carry out the Job Corps program authorized in specified provisions of the Job Training Partnership Act. Declares that, in order to establish a minimum number of additional centers, serve a minimum additional number of youths, and achieve full funding for the program, there should be specified amounts appropriated in certain fiscal years.
Bill· HRH.R. 5278 (102nd)referred
United States · United States Congress · 28 May 1992
Amends the Internal Revenue Code to increase the one-time exclusion of gain from the sale of a principal residence by an individual who has attained age 55.
Bill· HJRESH.J.Res. 496 (102nd)referred
United States · United States Congress · 28 May 1992
Constitutional Amendment - Requires the President, prior to each fiscal year, to propose to the Congress a budget in which total expenditures do not exceed total receipts, unless that budget is accompanied by a Presidential Declaration of National Urgency. Prohibits the Congress from approving total expenditures in excess of total receipts unless it has approved by majority rollcall vote in each House a Presidential Declaration of National Urgency. Prohibits the Congress from approving a budget which is estimated to result in a higher amount of total expenditures than those recommended by the President. Declares that total expenditures do not include debt redemption and disbursements of the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund, or any successor funds. Declares that total receipts do not include net borrowing and receipts of such trust funds or successor funds.
Bill· HRH.R. 5270 (102nd)open
United States · United States Congress · 27 May 1992
Foreign Income Tax Rationalization and Simplification Act of 1992 - Title I: Treatment of U.S. Businesses Operating Abroad - Subtitle A: Interest Allocation Rules - Amends the Internal Revenue Code to allow each member of an expanded affiliated group to take into account the interest expenses and assets of foreign subsidiaries for purposes of allocating and apportioning interest expenses between gross income from U.S. and foreign sources. Expands the types of corporations that are treated as financial institutions for purposes of applying the one-taxpayer rule separately to financial institutions in a related group. Subtitle B: Foreign Tax Credit Rules - Repeals the 90-percent limitation on the utilization of the alternative minimum tax foreign tax credit. Provides for recharacterizing as foreign source taxable income, in the case of a taxpayer that has incurred an overall domestic loss, that portion of the taxpayer's U.S.-source taxable income for each succeeding taxable year which is equal to the lesser of: (1) the amount of the unrecaptured overall domestic loss; or (2) 50 percent of the taxpayer's U.S. source taxable income for such succeeding taxable year. Extends the excess foreign tax credit carryback period from two to three years and extends the carryforward period from five to 15 years. Makes similar extensions for excess oil and gas extraction taxes. Permits a domestic corporation that normally would treat a foreign company as a noncontrolled section 902 corporation to elect to treat that company, for foreign credit limitation and subpart F (controlled foreign corporations) purposes, as a controlled foreign corporation of which the electing domestic corporation is a U.S. shareholder. Subtitle C: Other Provisions - Limits the application to foreign persons of the uniform capitalization rules in determining earnings and profits. Modifies the look-through rules that apply under the passive foreign corporation regime by reducing the ownership thresholds from 25 to 20 percent in the general look-through rule and the special domestic-subsidiary look-through rule. Title II: Treatment of Controlled Foreign Corporations -Repeals deferral on controlled foreign corporations by treating as subpart F income generally all of a controlled foreign corporation's earnings and profits for the taxable year. Repeals provisions which provided for a reduction of subpart F income of export trade corporations. Allows certain foreign corporations to be treated as domestic corporations for U.S. tax purposes. Provides for determining the source of income for the sale of inventory property to a related person and the sale of inventory property between U.S. residents for use in the United States. Title III: Taxation of Foreign Persons Having U.S. Related Income - Provides that where a foreign stockholder owns or has owned, at any time during the previous five years, ten percent or more of the stock of a U.S. corporation, gain or loss from the disposition of the stock is treated as income effectively connected with the conduct of a U.S. trade or business and attributable to a U.S. permanent establishment. Requires tax withholding on certain stock dispositions by such stockholders. Prohibits a foreign entity from being entitled to any benefits granted by the United States under any treaty between the United States and a foreign country unless such entity is a qualified resident of such foreign country. Prohibits any person from being entitled to such benefits with respect to any income of such person if such income bears a significantly lower tax under the laws of the foreign country than similar income arising from sources within such foreign country derived by residents of such foreign country. Increases the excise tax on certain premiums paid to foreign persons in low-tax countries for reinsurance covering casualty insurance and indemnity bonds. Grants the Secretary of the Treasury enforcement authority. Sets a minimum amount of taxable income to be reported by 25-percent foreign-owned domestic corporations that engage in more than a threshold level of transactions with foreign related parties. Provides an exception where an alternative method is approved by the Secretary. Title IV: Other Reforms - Subtitle A: Provisions Affecting Individuals - Establishes a foreign tax credit limitation for individuals whose gross income is from sources outside the United States, consists entirely of qualified passive income, and the amount of creditable foreign taxes does not exceed $200. Excludes certain personal transactions from foreign currency rules. Provides that income received by an individual in the form of a sholarship or fellowship grant for study, training, or research is treated as derived from sources in the location of the funded activity. Requires that income received as a prize or award made primarily in recognition of religious, charitable, scientific, educational, artistic, literary or civil achievement to be treated as derived from sources in the location of the activities that formed the basis of the prize or award. Allows certain deductions, based on the standard deduction and multiple personal exemptions, to offset certain U.S. source gross income of visiting foreign individuals received in the form of scholarships and fellowships granted by certain tax-exempt or governmental entities. Provides a limited estate tax marital credit for certain employees of international organizations. Subtitle B: Other Provisions - Reduces the Puerto Rico and Possession tax credit from 100 percent to 85 percent of precredit U.S. tax on a company's possession-based operations and qualified possession source investment income. Declares that foreign oil and gas extraction income does not include any passive income. Title V: Foreign Simplification Provisions - Subtitle A: Simplification of Treatment of Passive Foreign Corporations - Repeals foreign personal holding company rules and foreign investment company rules. Exempts foreign corporations from the accumulated earnings tax and personal holding company rules. Replaces repealed provisions with revised rules for passive foreign corporations. Provides for taxing U.S. income on stock in passive foreign corporations through three alternative methods: (1) mark-to-market; (2) current inclusion; and (3) interest charge on excess distributions. Subjects less-than-25-percent shareholders of passive foreign corporations that are not U.S.-controlled, and who do not elect current inclusion, to the mark-to-market methods or the interest-charge method for taxing income. Provides that if a passive foreign corporation is U.S.-controlled then every U.S. person owning stock in such corporation is subject to income inclusions under a modified version of controlled foreign corporation rules. Declares with regard to the mark-to-market method that: (1) if the fair market value of stock exceeds its adjusted basis, then the U.S. person shall include in gross income an amount equal to the amount of the excess; and (2) if the adjusted basis of stock exceeds the fair market value then the person shall be allowed a deduction equal to the lesser of the amount of such excess, or the unreversed inclusions. Describes a passive foreign corporation as any foreign corporation if: (1) 60 percent or more of its gross income is passive income; (2) the average percentage of assets which produce passive income or which are held for the production of passive income is at least 50 percent; or (3) such corporation is registered under the Investment Company Act of 1940, either as a management company or as a unit investment trust. Provides for the treatment of mark-to-market gain for purposes of the excise tax on undistributed income of regulated investment companies. Subtitle B: Treatment of Controlled Foreign Corporations - Provides that if a controlled foreign corporation sells or exchanges stock in other foreign corporations, then gain recognized on such sale or exchange shall be included in the gross income of such corporation as a dividend to the same extent that it would have been included if such corporation were a U.S. person. Authorizes the Secretary to prescribe simplified methods for determining the amount of increase of limitations on the foreign tax credit. Revises provisions concerning: (1) determining pro rata share of gain from certain sales or exchanges of stock in certain foreign corporations; (2) basis adjustments in stock held by lower-tier foreign corporations; (3) determination of previously taxed income in redemptions through use of related corporations; and (4) treatment of branch profits tax exemptions or reductions. Extends the application of the indirect foreign tax credit to certain controlled corporations below the third tier. Subtitle C: Other Provisions - Establishes new rules for the translation of certain accrued foreign taxes. Modifies present rules for translating all other foreign taxes. Permits the use of the simplified limitation on the foreign tax credit in determining the alternative minimum tax foreign tax credit. Repeals the excise tax on outbound transfers to avoid income tax. Requires the full recognition of gain on a transfer of property by a U.S. person to a foreign corporation as paid-in surplus, or as a contribution to capital, or to a foreign estate, trust, or partnership. Allows the Secretary, in lieu of applying the full recognition rule, to provide regulations with principles similar to the principles for foreign corporations transferring property from the United States. Title VI: Studies - Directs the Secretary to study and report to the House Committee on Ways and Means and the Senate Committee on Finance not later than January 1, 1994, on: (1) tax issues relating to the maintenance and enhancement of the competitiveness of the American economy in light of changing economic policies in Europe and the increasing globalization of the world economy; (2) administrative and compliance issues related to a value added tax; and (3) transfer pricing rules and the proper taxation of foreign persons conducting business in the United States.
Bill· HRH.R. 5266 (102nd)referred
United States · United States Congress · 27 May 1992
Title I: Targeting Habitual Repeat and Violent Criminal Offenders - Subtitle A: Expanding the Capacity of State Correctional Facilities - Authorizes the Director of the Bureau of Justice Assistance (the Director) to make grants to States to construct additional correctional facilities for the purpose of increasing prison capacity to make habitual and violent criminal offenders serve the full term of their sentences. Specifies that such construction should aim to provide sufficient capacity to incarcerate such offenders who exhibit a high risk for continued or violent criminal activity for such terms, including individuals: (1) with three or more arrests by age 18; (2) with a history of violent criminal offenses; and (3) exhibiting a pattern of crimes of premeditation and deliberation for whom a prison stay may have a significant deterrent value. Sets forth application requirements. Directs that each State application include a comprehensive plan containing: (1) a description of the correctional facility needs in the State, including relevant supporting data; (2) a description of the resources available to build additional correctional facility capacity, together with an account of the expenses involved that cannot be met with existing resources at the State and local levels; (3) an explanation of how the State will be able to sustain the increased operation and maintenance costs of expanded correctional facility capacity without Federal assistance in the long term; and (4) an evaluation component, including quantifiable data, that measures progress toward meeting the prison capacity goals under this subtitle. Sets forth provisions regarding: (1) fund allocation; (2) grant renewal and limitations; and (3) grant approval and disapproval procedures. Authorizes appropriations. Subtitle B: Major Offenders Programs - Authorizes the Director to make grants to States, for use by the States and units of local government, for purposes of developing and increasing the capacity and the effectiveness of major offenders programs that prioritize the arrest and prosecution of habitual and violent criminal offenders. Specifies that such programs shall include: (1) establishment or expansion of specialized major offender units in law enforcement and criminal prosecutor offices to identify, monitor, arrest, and prosecute major offenders; (2) establishment or expansion of a State crime information center computer database to include the complete arrest histories of major offenders and other relevant information for use by law enforcement officers and criminal prosecutors; and (3) create programs and pilot programs that foster cooperation between law enforcement and criminal prosecution offices in arresting and prosecuting major offenders. Sets forth application requirements. Directs that each State application include a comprehensive plan containing: (1) a description, with supporting data, of the crime problems attributable to major offenders that improved law enforcement and prosecution programs may be able to decrease; (2) a description of the resources available to implement or expand major offenders programs; and (3) an evaluation component. Sets forth provisions regarding: (1) local applications; (2) fund allocation; (3) grant renewal and limitations; and (4) grant approval and disapproval procedures. Authorizes appropriations. Title II: Reducing Criminal Recidivism - Subtitle A: Alternative Sentencing Program Grants: Targeting Nonviolent and Nonrepeat Criminal Offenders - Authorizes the Director to make grants to States, for use by States and units of local government, to develop and increase the capacity and the effectiveness of alternative programs that target the reform of nonviolent and nonrepeat criminal offenders. Directs that alternative methods ensure the certainty of punishment for such offenders who, in the assessment of the State and local courts, can be punished more effectively in an environment other than a traditional correctional facility, including: (1) correctional options, such as community-based incarceration, weekend incarceration, and electronic monitoring of offenders; (2) community service programs that provide work service placement for young offenders; and (3) innovative methods and pilot projects that address the problems of young offenders convicted of serious substance abuse and gang-related offenses, including technical assistance and training to counsel and treat such offenders. Sets forth application requirements. Directs each State application to include a comprehensive plan containing: (1) a description of the alternative programs needed to combat recividism and reduce prison overcrowing, as well as an assessment of the expected decrease in area crime problems due to the availability of alternative sentences, including relevant supporting data; (2) a description of the resources available to implement such programs; and (3) an evaluation component. Sets forth provisions regarding: (1) fund allocation; (2) grant renewal and limitations; and (3) grant approval and disapproval procedures. Authorizes appropriations. Subtitle B: Parole System Fortification - Authorizes the Director to make grants to States, for use by States and units of local government, to increase the capacity and effectiveness of parolee monitoring and drug testing. Specifies that grant applications should ensure the improved effectiveness of supervisory release programs in reducing recidivism, including programs that: (1) increase the number of parole officers, reducing the ratio of officers to parolees; (2) establishing or expanding a parolee release and information computer network; (3) establishing or expanding drug treatment, rehabilitation, and testing programs for parolees with a history of drug abuse and serious criminal activity; and (4) innovative methods or pilot projects that use parole officers as agents in the prevention of parolee recidivism and that increase cooperation between police and parole officers. Sets forth application requirements. Directs each State application to include a comprehensive plan containing: (1) a description of the parole system needs, and local crime problems attributable to the release of parolees, including relevant supporting data; (2) a description of the resources available to address parolee needs; and (3) an evaluation component. Sets forth provisions regarding: (1) local applications; (2) fund allocation; (3) grant renewal and limitations; and (4) grant approval and disapproval procedures. Authorizes appropriations. Title III: Ending the Double Victimization of Society - Subtitle A: Denial of Federal Benefits - Makes any individual who is convicted of three Federal or State felony offenses ineligible for any Federal benefits. Requires: (1) State and Federal courts to send information, as determined necessary by the Director of the Office of Justice Assistance, regarding the conviction of third-time felons to such Office in a timely manner; (2) such Office to maintain a computer listing of individuals convicted of a third Federal or State felony offense and update such list in a timely manner; (3) such Office to transfer the names of such individuals to the General Services Administration for inclusion in the publication "Lists of Parties Excluded from Federal Procurement or Nonprocurement Programs"; and (4) representatives of a Government agency that is responsible for the distribution of a Federal benefit to consult such publication before granting such benefit. Authorizes appropriations. Subtitle B: Prison Work Programs - Amends the Omnibus Crime Control and Safe Streets Act of 1968 to require a State, in order to avoid a reduction of available funds by 25 percent (for redistribution to other participating States), to implement or continue a prison workfare program that requires an inmate who is physically able (as determined by the State Director of Corrections) to work a portion of each day. Title IV: Community Policing Programs - Subtitle A: Community Policing - Authorizes the Director to make grants to States, for use by States and community groups, to develop or expand community policing and crime prevention programs. Sets forth provisions regarding: (1) State and local application requirements; and (2) grant renewal and limitations. Permits community group grant recipients to use such funds for the recruitment of new members, administrative expenses, equipment acquisitions, and community education programs. Authorizes appropriations. Subtitle B: Trust Fund for Community Policing - Amends the Internal Revenue Code to impose a tax, equal to 100 percent of the price for which sold, on taxable smoking paraphernalia manufactured in or imported into the United States. Increases the tax on cigarette papers. Establishes in the U.S. Treasury the Drug Prevention Trust Fund. Transfers to such Fund amounts equivalent to the net revenues received in the Treasury from such taxes. Specifies that amounts in the Fund shall be available, as provided in appropriation Acts, only for purposes of making expenditures to carry out the community policing program coordinated by the Director.
Bill· HRH.R. 5272 (102nd)referred
United States · United States Congress · 27 May 1992
Balanced Budget Enforcement Act of 1992 - Title I: Balancing the Budget - Part A: Purpose - Repeals provisions of the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) with respect to: (1) emergency powers to eliminate deficits in excess of the maximum deficit amount; (2) budgetary treatment of social security trust funds; and (3) miscellaneous and related provisions. Declares the purpose of this Act to balance the budget by FY 1997 and each year thereafter. Part B: The Deficit Elimination Act of 1992 - Deficit Elimination Act of 1992 - Establishes the amounts by which the deficits in the deficit reduction base shall be reduced by changes in law for FY 1993 through 1997. Declares that changes in law do not include the resulting debt service changes or any incidental changes in intragovernmental receipts of Federal trust funds. Increases the basic deficit reduction requirements for FY 1996 and 1997 if the baseline assuming deficit reduction projects a deficit for either fiscal year. Provides for preventing deficits starting with FY 1998, if the current policy baseline projects a deficit for the budget year after excluding any amounts resulting from the prior enactment of specific excesses. Declares the shortfall in deficit reduction to be the amount by which the deficit reduction required for that year exceeds the deficit reduction achieved for that year. States that the amount to be sequestered for any budget year is the amount of the shortfall in deficit reduction for that year (general sequestration). Requires: (1) one-half of the amount to be sequestered to be derived by the imposition of a surtax; (2) one-quarter to be derived from reductions in direct spending programs; and (3) one-quarter to be derived from reductions in discretionary programs. Requires additional sequestration based on outyear shortfall (any of the four fiscal years that follow the budget year). Allows the enactment of a spin-off law, through the congressional budget process or any other means, for any budget year that separately specifies the proportions of deficit reduction required for that year (categorical sequestration) that is to be achieved from: (1) changes in direct spending law; (2) changes in receipts law; and (3) changes in outlays for discretionary programs. Requires such law to specify a cap on the amount of discretionary new budget authority that may be appropriated for the budget year. Sets forth formulae for determining amounts of sequestration in each category. Requires additional sequestration based on outyear shortfall. Sets forth the method of sequestering direct spending programs. Provides that such sequestration will occur only if direct spending in the current policy baseline exceeds $250 million. Provides for sequestration of revenues through a tax surcharge to reduce the deficit. Amends the Internal Revenue Code to impose such tax surcharge on individuals and corporations. Sets forth the method of sequestering discretionary programs. Provides that such sequestration will occur only if discretionary new budget authority in the current policy baseline exceeds $250 million. Requires within-session sequestration if any law is enacted containing provisions that would: (1) cause there to be a greater amount of direct spending or lower total receipts that allowed in the spin-off law, or a breach in the cap on discretionary new budget authority under the spin-off law; or (2) cause a shortfall in deficit reduction if no spin-off law has been enacted. Lists the budget accounts or activities exempted from sequestration. Subjects Federal administrative expenses to sequestration orders, with specified exceptions. Grants the President the option to exempt military and civilian personnel. Declares that automatic spending increases are increases in outlays due to changes in indexes in the National Wool Act and the special milk program. Exempts all amounts under such programs from any sequestration order other than the automatic spending increases. Sets forth the method of making reductions for: (1) the guaranteed student loan program; (2) foster care and adoption assistance programs; (3) low-income entitlements; (4) Federal retirement and veteran programs; (5) the Medicare program; (6) Federal pay; (7) the child support enforcement program; (8) extended unemployment compensation; (9) the Commodity Credit Corporation; (10) the JOBS portion of the Aid to Families with Dependent Children Program (AFDC) under the Social Security Act; and (11) the Postal Service Fund. Requires budgetary resources sequestered from any account other than an entitlement trust, special, or revolving fund account to revert to the Treasury and be permanently canceled. Requires the same percentage sequestration to apply to all programs, projects, and activities within a budget account. Requires administrative regulations or similar actions implementing a sequestration to be made within 120 days of the order. Requires that obligations in sequestered direct spending accounts be reduced in the fiscal year in which a sequestration occurs and in all succeeding fiscal years. Provides that if an automatic spending increase is sequestered, the increase that was disregarded shall not be taken into account in any subsequent fiscal year. Requires sequestration in accounts for which obligations are indefinite to be taken in a manner to ensure that obligations in the fiscal year of a sequestration and succeeding fiscal years are reduced from the level that would actually have occurred, by the applicable sequestration percentage. Establishes a scorecard for the recording of the estimated increase or decrease in deficit reduction for the current year, the budget year, and each fiscal year through 1997 due to enactment (after May 15, 1992) of any law, or the imposition of any sequestration, affecting the level of direct spending or the level of receipts. Treats deficit reduction as a positive and deficit increase as a negative on such scorecard. Divides the scorecard between changes in outlays for direct spending and changes in receipts. Provides for scoring deficit reduction achieved in prior sessions. Provides for determining deficit reduction achieved in the current session and for calculating savings in discretionary programs. Sets forth assumptions to be used in calculating the baseline for the budget year and each outyear with respect to direct spending and receipts and discretionary programs. Requires the deficit reduction base to be a current policy baseline for FY 1992 through 1997. Provides for determining direct spending and receipts for such base and sets forth the level of outlays for discretionary appropriations. Requires adjustments to the discretionary deficit reduction base for each budget year and each outyear through 1997 to reflect changes in budget accounting concepts, changes in inflation, and specific excesses. Declares that a baseline assuming deficit reduction shall be a projection of current policy baseline deficits that is adjusted in aggregate by assuming compliance with basic deficit reduction requirements and excluding amounts designated as specific excess. Sets forth the timetable for estimating assumptions and filing reports and orders by the President, the Office of Management and Budget (OMB), the Congressional Budget Office (CBO) and the Board of Estimates (established by this Act). Requires the making of sequestration preview reports, sequestration update reports, within-session sequestration reports, and low-growth reports by CBO and OMB. Establishes the administrative procedures relative to such reports. Establishes a Board of Estimates to choose the applicable report from OMB or CBO to submit to the President. Establishes a deposit fund in the Treasury a Stabilization Reserve Fund to accumulate balances during years of comparative prosperity, which may later be used to cover the loss of receipts and the increase in outlays that occur during comparative economic distress. Requires annual surpluses to be paid into the Fund. Requires starting with FY 1997 that an additional $2 bilion be paid to the Fund. Prohibits Fund balances from receiving interest. Requires the enactment of a law to transfer balances to the General Fund of the Treasury. Establishes congressional procedures in the event of a low-growth report or a declaration of war. Provides judicial review procedures for provisions of this title. Title II: Technical and Conforming Amendments - Makes technical and conforming amendments to the Congressional Budget and Impoundment Control Act of 1974, the Rules of the House of Representatives, the Standing Rules of the Senate, and specified other laws.
Law· HRH.R. 5260 (102nd)enacted
United States · United States Congress · 26 May 1992
Unemployment Compensation Amendments of 1992 - Title I: Extension of Emergency Unemployment Compensation Program - Amends the Emergency Unemployment Compensation Act of 1991 (Public Law 102-164, as amended) to extend the emergency unemployment compensation (EUC) program. Changes the EUC program termination date (currently July 4, 1992) to the earliest of: (1) April 1, 1993; (2) the first day of the third month after the first month (after June 1992) for which the applicable unemployment rate is less than six and one-half percent; or (3) the first day of the first month (after June 1992) for which the applicable unemployment rate is less than six percent. Makes the applicable unemployment rate for any month, for such purposes, the average rate (seasonally adjusted) of total unemployment in all States for the most recent three calendar months for which data are published before the beginning of such month. Provides for specified reductions of benefits during periods after June 13, 1992, and after December 31, 1992 (or three months prior to any earlier termination date for the program than April 1, 1993). Provides, therefore, up to : (1) 33 weeks of EUC benefits in certain high-unemployment States and 26 weeks in all other States, respectively, for claimants prior to June 14, 1992; (2) 26 or 20 weeks, respectively, for new claimants on or after such date; and (3) 13 or 10 weeks, respectively, for new claimants on or after January 1, 1993 (or any earlier date for the final three-month phaseout). Provides for up to three months continuation of EUC benefits for certain individuals receiving such benefits for a week during which such termination date occurs. Modifies EUC eligibility requirements to: (1) make a 20-week work requirement inapplicable; (2) provide that an individual is not ineligible by reason of subsequent entitlement to regular benefits; and (3) provide certain transition rules, including a waiver of recovery of certain overpayments and an option to defer rights to certain regular benefits. Provides, under specified conditions, that certain Persian Gulf Crisis reservists may receive an EUC weekly benefit amount equal to that they were receiving under the regular State unemployment compensation program when they were called to active duty. Title II: Modifications to Extended Benefits Program - Amends the Federal-State Extended Unemployment Compensation Act of 1970 to modify trigger provisions for the extended benefits (EB) program. Provides for an EB State "on" indicator for a month if the average rate of total unemployment (seasonally adjusted) for the most recent three months for which data are published before the close of such month is: (1) six percent or more; and (2) 110 percent or more of such average rate for either (or both) of the corresponding three-month periods ending in the two preceding calendar years. (Current law uses the State insured unemployment rate, rather than the State total unemployment rate, in the trigger formula.) Provides for additional weeks of EB program benefits during high unemployment periods (when the trigger period average rate of total unemployment is eight percent or more). Repeals certain special eligibility requirements under the EB program. Increases the amount of Federal reimbursement under the EB program. Makes these amendments to the EB program effective on October 1, 1993, with certain exceptions. Title III: Modifications to Federal Unemployment Tax - Amends Federal Unemployment Tax Act (FUTA) provisions of the Internal Revenue Code (IRC) to modify the Federal unemployment tax rate. Reduces the percentage of Federal taxable wages, which is part of the formula for determining the FUTA rate of an employer, from the current 0.8 (which is currently scheduled to return to 0.6 when a 0.2 surtax expires in 1996) to 0.3 in 1994 through 1996 and 0.25 in 1997 and thereafter; but increases the FUTA taxable wage base in 1994 and thereafter to the average annual covered wage. Amends IRC to require the appropriate State agency to provide to each individual filing a claim for unemployment compensation under State law a written explanation of: (1) the Federal and State taxation of unemployment benefits; and (2) the requirements to make payments of estimated Federal and State income taxes. Amends the Social Security Act (SSA) to allow States to include information on the earned income credit under IRC in certain mailings relating to unemployment compensation, at no cost if such additional information does not increase the postage cost of such mailings. Amends IRC to extend by two years (until January 1, 1995) the current exclusion from coverage under FUTA of agricultural labor performed before such date by an individual who is admitted to the United States to perform such agricultural labor under certain provisions of the Immigration and Nationality Act. Requires the Advisory Council on Unemployment Compensation to report by February 1, 1994, to specified congressional committees on such FUTA exclusion treatment of agricultural labor performed by aliens. Extends by one year the grace period for State repayment of Federal loans to State unemployment funds (before certain penalty taxes on employers take effect in such States with overdue loans), if the State amended its unemployment compensation law during 1992 or 1993 to increase estimated contributions requirements by at least 25 percent. Title IV: Modification to Regular State Unemployment Compensation Programs - Amends the Internal Revenue Code (IRC) to provide for treatment of short-time compensation programs which provide partial unemployment benefits to individuals whose workweeks have been reduced by at least ten percent. Allows State laws to provide for unemployment compensation funds to be withdrawn for the payment of such short-time compensation under a plan approved by the Secretary of Labor. Directs the Secretary of Labor to assist States in establishing and implementing short-time compensation programs by: (1) developing model legislative language and proposing appropriate revisions; and (2) providing technical assistance and guidance. Requires the Secretary to report to the Congress on implementation of these short-time compensation program provisions. Requires each employer covered under a State unemployment compensation law to: (1) post statements (prescribed by the State agency) regarding benefit rights and other matters in places readily accessible to employees; and (2) furnish to each terminated employee written statements (provided by the State agency) regarding claims for compensation. Title V: Financing Provisions - Amends the Internal Revenue Code (IRC) to extend by two years, through December 31, 1997, a phase out of personal exemptions for certain high income taxpayers. Amends IRC to disallow an income tax deduction for remuneration for services in excess of $1,000,000 per employee per year to certain covered employees or former employees who are or had been officers of the taxpayer (and not including any employee-owners of personal service corporations). Aggregates remuneration from certain related employers for purposes of such $1,000,000. (Makes such amendment retroactive to cover amounts paid or accrued on or after January 1, 1992, but waives estimated tax provisions with respect to underpayments created or increased by such amendment.) Amends the Social Security Act to provide for transfer of revenues from income taxes on unemployment benefits to the Unemployment Trust Fund. Bases such transfers on estimates of benefit payments. Sets forth a transition rule requiring the Secretary of the Treasury, by the end of FY 1992, to transfer from the general fund of the Treasury to the Unemployment Trust Fund, for credit to the extended unemployment compensation account, an amount equal to that which would have been appropriated to the Unemployment Trust Fund for months beginning on or before enactment of this Act if such transfer amendments had been in effect for all months after December 31, 1990. Revises provisions for Federal unemployment accounts. Modifies provisions for the extended unemployment compensation account with respect to transfers and increases the ceiling on such account. Reduces the ceiling on the Federal unemployment account. Provides for borrowing among the employment security administration account, the Federal unemployment account, and the extended unemployment compensation account. Amends specified Federal law relating to civil service employment to provide that if any Federal agency does not deposit a required amount in the Federal Employees Compensation Account for unemployment benefits within 30 days after notification by the Secretary of Labor, such Secretary shall notify the Secretary of the Treasury of such failure and that Secretary shall transfer such amount to such Account from amounts otherwise appropriated to such Federal agency. Extends, to December 31, 1994, the deadline for a report on a study of the allocation of funds among States for the administration of unemployment compensation programs (such report is required under the Emergency Unemployment Compensation Act of 1991). Title VI: Budgetary Treatment - Provides that any amount of new budget authority, outlays, or receipts resulting from this Act shall not be considered for any purpose under the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) (BBEDCA). Exempts EUC payments under the Emergency Unemployment Compensation Act of 1991 from sequestration orders under BBEDCA.
Bill· HRH.R. 5259 (102nd)open
United States · United States Congress · 26 May 1992
Local Partnership Act of 1992 - Establishes a revenue sharing program of payments to local governments. Sets forth the general framework for the use and timing of payments and for adjustments. Establishes in the Treasury a Local Government Fiscal Assistance Trust Fund (trust fund), with the Secretary of the Treasury as the personal trustee, and authorizes appropriations to finance it. Describes qualifying criteria for and conditions to be met by local governments seeking payments under the program. Requires payments withheld in cases of noncompliance. Requires the Secretary, in accordance with specified formulae, to determine the amount from the trust fund to be allocated to each State for further allocation to county, municipal, and township local governments as well as to Indian tribes and Alaskan native villages. Sets forth special rules governing allocations to territorial governments. Permits State variation of certain local government allocations. Sets forth special rules governing adjustments in local government allocations, including a limit on allocations to local government units based on a specified formula. Specifies the information to be used in making allocations under the program. Requires public hearings on proposed uses of program payments in relation to the local government's budget. Requires public disclosure of information on proposed payment uses and proposed budgets of local governments both prior to the hearing and after adoption of the budget. Prohibits discrimination under a local government program or activity on the basis of race, color, national origin, or sex if such program or activity is paid for with funds provided under this Act. Lists additional prohibitions applicable to such programs or activities. Prescribes procedures for: (1) instituting administrative proceedings for violations of such prohibitions; (2) suspending and terminating payments; and (3) judicial review of such sanctions. Sets forth provisions providing for: (1) enforcement by the Attorney General of such prohibitions; (2) civil actions by persons adversely affected by prohibited practices; (3) independent audits of local government finances; (4) investigations by the Secretary of possible violations of this Act; (5) reviews by the Comptroller General of activities of the Secretary, State governments, and local government units to determine compliance with this Act; (6) annual reports by the Secretary to the Congress on both the trust fund and the administration of the payment program; and (7) annual reports by local govermental units to the Secretary on program payments.
Bill· SS. 2792 (102nd)open
United States · United States Congress · 21 May 1992
Amends the Juvenile Justice and Delinquency Prevention Act of 1974 (the Act) to revise provisions with respect to the operation of the Office of Juvenile Justice and Delinquency Prevention. Establishes a direct reporting relationship between the Administrator of the Office and the Attorney General. Makes the Administrator directly responsible to the Attorney General. Bars the Attorney General from delegating specified powers, duties, or functions. Repeals a provision directing the Administrator, in carrying out his functions, to consult with the Coordinating Council on Juvenile Justice and Delinquency Prevention. Directs the Administrator to: (1) assist Federal agencies that have direct responsibilities for the prevention and treatment of juvenile delinquency in the development and promulgation of regulations, guidelines, requirements, criteria, standards, procedures, and budget requests in accordance with the policies, priorities, and objectives that the Commission establishes; (2) conduct and support evaluations and studies of the performance and results achieved by Federal juvenile delinquency programs and activities and of the prospective performance and results that might be achieved by alternative programs and activities supplementary to or in place of those currently being administered; and (3) develop for each fiscal year, and publish annually in the Federal Register for public comment, a proposed comprehensive plan describing the particular activities that the Commission intends to carry out. Authorizes the Administrator to: (1) request a Federal department or agency that engages in activity involving any Federal juvenile delinquency prevention program to provide the Administrator with programmatic and other information, and the head of such department or agency to comply with such request; and (2) make grants and enter into contracts with public or private nonprofit agencies, organizations, institutions, and natural persons to carry out the Act. Directs the Administrator to review: (1) the programs and practices of Federal agencies and report to the President and the Congress on the degree to which Federal agency funds are used for purposes that are either consistent or inconsistent with provisions of the Act; and (2) the reasons why Federal agencies take juveniles into custody and make recommendations regarding how to improve Federal practices and facilities for holding juveniles in custody. Revises reporting requirements to cover specified activities, including a description of exemplary delinquency programs for which assistance is provided under the Act, with particular attention to community-based alternatives to juvenile incarceration that involve and assist families of juveniles. Authorizes the Administrator to make grants for State and local programs with public and private nonprofit agencies for the development of more effective programs of juvenile justice and delinquency prevention and treatment (currently, with public and private agencies for the development of more effective education, training, research, prevention, diversion, treatment, and rehabilitation programs in the area of juvenile delinquency and programs to improve the juvenile justice system (system)). Increases allocations for State formula grants. Revises provisions with respect to the composition and functions of the advisory group required under each State plan. Specifies that such advisory group shall consist of not more than 30 members: (1) who have training, experience, or special knowledge concerning the prevention and treatment of juvenile delinquency or the administration of juvenile justice; (2) including at least one locally elected official representing general purpose local government, representatives of law enforcement and juvenile agencies, public agencies concerned with delinquency prevention or treatment, private nonprofit organizations, volunteers who work with delinquents or potential delinquents, youth workers involved with programs that are alternatives to incarceration, persons with special experience and competence in addressing problems related to school violence, vandalism, and alternatives to suspension and expulsion, and in addressing problems related to learning disabilities, emotional difficulties, child abuse and neglect, and youth violence; (3) a majority of whom (including the chairperson) shall not be full-time employees of the Federal, State, or local government; (4) at least one-fifth of whom shall be under age 24 at the time of appointment; and (5) at least three of whom have been under the jurisdiction of the system at some time. Sets forth additional requirements with respect to such advisory group. Earmarks funds for programs and services such as: (1) community-based alternatives to incarceration and institutionalization, including specified programs and services for youth who can remain at home with assistance, need temporary placement, and need residential placement; (2) community-based programs and services to work with parents and other family members to strengthen families, including parent self-help groups, so that juveniles may be retained in their homes; (3) comprehensive juvenile justice and delinquency programs that meet the needs of youth through the collaboration of the many local systems before which a youth may appear, including schools, courts, and specified agencies and services; (4) educational programs or supportive services for delinquent or other youth, provided equitably regardless of sex, race, or family income, designed to encourage them to remain in school; (5) expanded use of home probation; (6) programs and projects designed to provide for the treatment of youths' dependence on or abuse of alcohol or other drugs; (7) law-related education programs and projects for delinquent and at-risk youth; and (8) programs for positive youth development that assist delinquent and other at-risk youth in obtaining a sense of safety and structure, of belonging, of self-worth, of independence and control over one's life, of closeness in interpersonal relationships, and of competence. Extends through 1997 (currently, 1993) the requirement that the Administrator promulgate regulations which make exceptions to a prohibition against the detention or confinement of juveniles in any jail or lockup for adults with respect to the detention of juveniles accused of non-status offenses who are awaiting an initial court appearance pursuant to an enforceable State law requiring such appearances within 24 hours after being taken into custody, subject to specified limitations. Requires State plans to provide assurance that youth in the system are treated equitably on the bais of gender, race, family income, and mentally, emotionally, or physically handicapping conditions. Provides for the reduction of funds by 25 percent for each paragraph with respect to which noncompliance with requirements of the Act occurs. Revises provisions with regard to ineligibility of such States to receive allotments. Includes among the purposes of the National Institute for Juvenile Justice and Delinquency Prevention to provide appropriate training for prosecutors and defense attorneys. Authorizes the Administrator to provide such training. Directs the Comptroller General, not later than one year after the date of enactment of this Act, to conduct studies with respect to: (1) juveniles waived to adult court; (2) admissions of juveniles for behavior disorders to private psychiatric hospitals and to other residential and nonresidential programs that serve such juveniles; (3) gender bias within State juvenile justice systems; (4) the Native American pass-through grant program that reviews the cost-effectiveness of the funding formula utilized; and (5) access to counsel in juvenile court proceedings. Sets forth reporting requirements. Requires the Administrator to provide for the establishment or support of programs and services that encourage the improvement of due process available to juveniles in the system and the quality of legal representation for such juveniles. Specifies that the competitive process regarding consideration of grant applications shall not be required if the Administrator makes a written determination that apply to programs to be carried out in areas with respect to which the President declares under the Robert T. Stafford Disaster Relief and Emergency Assistance Act that a major disaster or emergency exists (but repeals other exceptions, and reporting requirements related to such exceptions, to the competitive process). Directs the Administrator to establish and support programs and activities that involve families and communities in: (1) the prevention of youth gangs through programs that are designed to: target elementary school students, with the purpose of steering students away from gang involvement; provide individual and family crisis intervention and counseling to students and their families who are particularly at risk of gang involvement; develop and support community education about gangs and gang activity with the intent of involving the community in dealing with the problems associated with gangs; and include a special location within a school or housing project for program activities; and (2) crisis intervention and rehabilitation of youth gangs. Authorizes appropriations. Authorizes the Administrator to make grants, in the amount of ten percent of the amount of the State allocation, for challenge activities in which the State participates in such activities. Defines "challenge activity" as a program maintained for one of specified purposes, such as: (1) developing and adopting policies and programs to provide: basic health and appropriate education services for youth in the system as specified in standards developed by the National Advisory Committee for Juvenile Justice and Delinquency Prevention prior to October 12, 1984; access to counsel for all juveniles in the justice system to ensure that juveniles consult with counsel before waiving the right to counsel; and secure settings for the placement of violent juvenile offenders with capacities of no more than 50 youth with ratios of staff to youth great enough to ensure adequate supervision and treatment; (2) increasing community-based alternatives to incarceration by establishing programs and developing and adopting objective criteria for the appropriate placement of juveniles in detention and secure confinement; (3) developing and adopting policies to prohibit gender bias in placement and treatment, and establishing programs to ensure that female youth have access to the full range of health services, treatment for physical or sexual assault and abuse, education in parenting, education in general, and other training and vocational services; (4) establishing and operating a State ombudsman office for children, youth, and families to investigate and resolve complaints relating to action, inaction, or decisions of providers of out-of-home care to children and youth that may adversely affect the health, safety, welfare, or rights of resident children and youth; (5) developing and adopting policies and programs designed to remove, where appropriate, status offenders from the jurisdiction of the juvenile court; (6) developing and adopting policies and programs designed to serve as alternatives to suspension and expulsion from school; (7) increasing aftercare services for juveniles involved in the justice system; and (8) developing and adopting policies to establish a State administrative structure to coordinate program and fiscal policies for children who have emotional and behavioral problems and their families among the major child serving systems and a statewide case review system which meets specified requirements. Revises findings with respect to runaway and homeless youth. Specifies that runaway and homeless youth centers funded by grants under the Act shall serve as alternatives to the law enforcement, child welfare, mental health, and juvenile justice systems. Provides for increases in the allocation to a State or territory under such provisions. Repeals a provision authorizing the Secretary of Health and Human Services (HHS) to provide on-the-job training to local runaway and homeless youth center and other personnel in recognizing and providing for learning disabled and other handicapped juveniles. Modifies eligibility requirements with respect to such grants. Includes among such requirements that an applicant propose to establish, strengthen, or fund a locally controlled project (currently, facility) providing temporary shelter. Requires that, to qualify for such assistance, the applicant submit a plan to the Secretary including assurances that the applicant shall: (1) develop an adequate plan for assuring proper relations with health and mental health care personnel; and (2) keep adequate statistical records profiling the family members which it serves, including youth who are not referred to out-of-home shelter services. Authorizes appropriations for grants for a national communication system to assist runaway and homeless youth in communicating with their families and with service providers. Gives priority to grants smaller than $250,000 (currently, $150,000) for runaway and homeless youth centers. Requires applicants, to be eligible for transitional living grant assistance, to submit to the Secretary a plan in which such applicant agrees, as part of such project: (1) to provide services including training in money management, budgeting, consumer education, and use of credit to homeless youth; and (2) not to disclose records maintained on individual homeless youth without the consent of the individual youth (currently, and parent or legal guardian) to anyone other than an agency compiling statistical records or a government agency involved in the disposition of criminal charges against youth. Repeals provisions with respect to grants for technical assistance and training, authority to make grants to research, demonstration, and service projects, and coordination with the activities of health agencies in the Department of HHS. Authorizes the Secretary to make grants and provide technical assistance to public and nonprofit private entities (and combinations of such entities) to establish and operate street-based services to runaway, homeless, and other street youth. Requires an applicant, to be eligible for such assistance, to propose to establish, strengthen, or fund a street-based services project and submit to the Secretary a plan in which the applicant agrees, as part of the project, to: (1) identify and frequent areas in which such youth congregate, making contact and forming relationships with such youth; (2) assess the problems and service needs of such youth and provide appropriate services or information and referral for these services; (3) cause its staff to work in teams with on-street supervision or backup and off-street clinical supervision, develop referral relationships with agencies and organizations, and help integrate and coordinate such services for youth; (4) submit to the Secretary an annual report and an annual budget; (5) implement such accounting procedures and fiscal control devices as the Secretary may require; (6) keep adequate statistical records profiling the youth that it serves and not disclose the identity of individual street youth in documents based on such records; (7) not disclose records maintained on street youth without the consent of the individual youth to anyone; and (8) provide to the Secretary such other information as the Secretary may reasonably require. Directs the Secretary to: (1) give priority in selecting eligible applicants to entities that have experience in providing direct services to street youth; and (2) make grants to State, regional, and other nonprofit organizations (and combinations of such organizations) to provide technical assistance and training to eligible groups for the purpose of establishing and improving the operation of programs for street youth. Authorizes the Secretary to make grants to States, localities, and private entities (and combinations of such entities) to carry out research, demonstration, and service projects designed to increase knowledge concerning, and to improve services for, street youth. Requires the Secretary to give priority to applicants that have knowledge of or experience in working with runaway and homeless youth, and special consideration to proposed projects meeting specified criteria. Directs the Secretary, with respect to matters relating to health, education, employment, and housing, to coordinate the activities of health agencies in the Department of HHS with those of other divisions of that department and other public and private entities, and encourage coordination with other departments. Sets forth additional reporting requirements. Authorizes appropriations. Sets forth priorities in the use of appropriated funds. Authorizes appropriations for grants relating to locating missing children. Creates a new title V of the Act, which may be cited as the Incentive Grants for Local Delinquency Prevention Programs Act. Sets forth provisions regarding the duties and functions of the Commission. Authorizes the Commission to make grants to a State for delinquency prevention programs and activities for youth who have had, or who are likely to have, contact with the system, including the provision to children, youth, and families of recreation services, tutoring and remedial education, assistance in the development of work awareness skills, child and adolescent health and mental health services, alcohol and substance abuse prevention services, and leadership development activities. Sets forth requirements with respect to: (1) eligibility requirements; (2) priorities in considering grant applications; (3) innovative ways to involve the private nonprofit and business sector in delinquency prevention activities; and (4) developing or enhancing a statewide subsidy program to local governments that is dedicated to early intervention and delinquency prevention. Authorizes appropriations. Directs the General Accounting Office, after such program has been funded for two years, to prepare and submit to the Congress a study of the effects of the program in encouraging States and units of general local government to comply with requirements of the Act. Creates a new title VI of the Act, which may be cited as the Justice System Enhancement for Abused and Neglected Children Act. Directs the Administrator, subject to specified limitations, to: (1) issue such rules as are necessary or appropriate to carry out such title; (2) make such arrangements as necessary and appropriate to facilitate coordination and policy development among all civil and criminal justice system improvement activities funded through the Department of Justice, as well as with other Federal agencies (including the Inter-Agency Task Force on Child Abuse and Neglect), relating to abused and neglected children (including the preparation of an annual comprehensive plan for facilitating such coordination and policy development); and (3) provide adequate staff and agency resources necessary to properly carry out responsibilities pursuant to such title. Authorizes the Administrator to make grants to and enter into contracts with public agencies or privte nonprofit organizations (or combinations thereof) for research or demonstration and system improvement projects designed to: (1) identify effective approaches to the handling of child abuse and neglect cases in the criminal and civil justice systems so that such approaches can serve as models to other jurisdictions; (2) research issues concerning the legal system's reponse as a whole to child abuse and neglect; (3) improve the response of the criminal and civil justice systems to the special needs and sensitivities of children who have been abused or neglected; and (4) enhance coordination between the civil and criminal justice systems in child abuse and neglect cases (as well as coordination between these systems and the social services, mental health, health, and education systems that are also involved) and the availability of, and access to, child abuse and neglect prevention and treatment services for child victims, their family members, and the perpetrators. Directs the Assistant Attorney General, in considering grant applications, to give priority to applicants that demonstrate ability in: (1) conducting research and disseminating findings with respect to civil and criminal justice system cases involving child abuse, child neglect, or child maltreatment-related fatalities; (2) developing model approaches for responding to such cases; and (3) coordinating responses to such cases. Requires the Administrator, in considering grant and contract applications under such title, to endeavor to ensure that cases of child abuse and neglect in family settings, in the community, and within residential institutions are all given an adequate focus. Authorizes the Administrator to make grants and enter into contracts with public agencies or private nonprofit organizations (or combinations thereof) for training, technical assistance, and service programs designed to educate prosecutors and defense attorneys in the criminal justice system, judges in the civil and criminal justice systems, and practitioners in the civil justice system about the experiences of children who are abused or neglected and their families and improve skills and responses in handling child abuse and neglect cases. Sets forth priorities in considering applications for such grants. Directs the Administrator to establish annual priorities for making grants and contracts for research or demonstration and system improvement projects and criteria based on merit for making such grants and contracts, and to publish in the Federal Register for public comment a statement of such proposed priorities and criteria before establishing such priorities and criteria. Authorizes appropriations.
Bill· SS. 2782 (102nd)referred
United States · United States Congress · 21 May 1992
Amends the Internal Revenue Code to repeal the luxury excise tax on passenger vehicles.
Bill· SS. 2773 (102nd)referred
United States · United States Congress · 21 May 1992
Tax Extension Act of 1992 - Title I: Extension of Certain Expiring Tax Provisions - Amends the Internal Revenue Code to extend from August 1, 1992, until August 1, 1993, the provisions governing the allocation of research and experimental expenditures for purposes of determining sources of income. Extends the following provisions from June 30, 1992, until December 31, 1993: (1) the tax credit for increasing research activities; (2) the targeted jobs credit; (3) the authority to issue qualified mortgage bonds and qualified mortgage credit certificates; (4) the authority to issue qualified small issue bonds to finance manufactuiring facilities and farm property; (5) employer-provided educational assistance; (6) the tax exclusion for employer-provided group legal services plans; (7) the energy investment credit for solar and geothermal property; (8) the credit for clinical testing expenses for certain drugs for rare diseases or conditions; and (9) health insurance costs of self-employed individuals. Extends the low-income housing credit until December 31, 1993, with modifications. Expands the ten-year anti-churning rule waiver to certain projects substantially assisted, financed, or operated under the National Housing Act. Allows units occupied by certain full-time students to qualify for such credit. Authorizes the Treasury Department to waive penalties for certain de minimis errors and recertifications. Provides that certain community service facilities in projects in qualified census tracts are included in eligible basis as functionally related and subordinate facilities. Requires housing credit agencies, in determining whether the credit allocated to a building exceeds the amount necessary to assure the project's feasibility, to consider the reasonableness of total project costs and the appropriateness of amenities. Allows certain building owners to elect to use apartment size or family size in determining the credit's gross rent limitation. Provides for the tax treatment of resale price control and subsidy lien programs under mortgage revenue bond provisions. Amends the Internal Revenue Code to exclude from the five-year occupancy requirement under the tax-exempt mortgage revenue bond program any two-family residence which: (1) is a targeted area residence; or (2) is located in an area designated as an economic development zone or enterprise zone by Federal or State law. Amends the Railroad Retirement Solvency Act of 1983 to extend, from October 1, 1992, until January 1, 1994, the authority to transfer income tax revenues attributable to the taxation of tier railroad retirement benefits to the railroad retirement account. Extends the termination date of the nonconventional source fuels credit for one year. Repeals the tax preference for the appreciated property charitable deduction during 1992 and 1993. Requires a report by the Secrretary of the Treasury to certain congressional committees on an advance valuation procedure. Title II: Repeal of Certain Luxury Excise Taxes; Imposition of Tax on Diesel Fuel Used in Noncommercial Boats - Repeals the luxury excise tax on boats, aircraft, jewelry, and furs. Provides an inflation adjustment for the threshold amount on which luxury vehicles are taxed. Terminates the luxury tax on passenger vehicles after December 31, 1999. Extends the diesel fuels excise tax to diesel fuel used in noncommercial boats. Exempts from such tax diesel fuel used for fisheries or commercial navigation. Retains diesel fuel taxes in the general Treasury (instead of the Highway Trust Fund and the Leaking Underground Storage Tank Trust Fund).
Bill· SS. 2769 (102nd)referred
United States · United States Congress · 21 May 1992
Economic Growth and Affordable Housing Act of 1992 - Title I: First-Time Homebuyer Credit - Allows a first-time homebuyer who purchases a principal residence a tax credit of ten percent of the purchase price, not to exceed $5,000. Limits such credit to one residence and requires acquisition between December 31, 1992, and January 1,1993. Title II: Modifications of Passive Loss Rules - Amends the Internal Revenue Code to provide for the treatment of rental and nonrental real estate activities under the limitations on losses from passive activities. Title III: Penalty-Free Distributions From IRA's for First Homes - Allows penalty-free withdrawals from individual retirement plans for a first-home purchase. Title IV: Low-Income Housing Credit and Qualified Mortgage Bonds - Makes the low-income housing credit permanent law. Expands the ten-year anti-churning rule waiver to certain projects substantially assisted, financed, or operated under the National Housing Act. Allows units occupied by certain full-time students to qualify for such credit. Authorizes the Treasury Department to waive penalties for certain de minimis errors and recertifications. Requires that certain community service facilities in projects in qualified census tracts be included in the eligible basis as functionally related and subordinate facilities. Permanently extends the period during which qualified mortgage bonds and mortgage credit certificates may be issued. Title V: Enterprise Zones - Subtitle A: Designation of Enterprise Zones - Authorizes the Secretary of Housing and Urban Development to designate enterprise zones for purposes of providing tax and regulatory relief and improving local services. Limits choices to areas nominated by States and local governments. Limits the total number of areas that may be designated, and the time period of the designation. Authorizes the Secretary to designate a zone only if the area meets certain locational, demographic, unemployment, and poverty criteria. Requires nominating local governments, as a condition of the Secretary's designation, to agree in writing to follow a course of action that may include reducing tax rates, improving local services, simplifying or streamlining regulation of business, and providing job training to area residents. Describes areas to which the Secretary must give preference in selecting areas for designation. Requires the Secretary to report to the Congress every two years on the effects of such enterprise zones' designation in accomplishing the purposes of this Act. Subtitle B: Federal Income Tax Incentives - Allows a nonrefundable income tax credit to enterprise zone employees for five percent of any wages earned that do not exceed a specified amount. Phases out such credit. Provides for the nonrecognition of capital gain on the sale of enterprise zone property. Allows a taxpayer a deduction on the aggregate amount paid for the purchase of enterprise stock on its original issue by a qualified issuer. Requires any gain from the disposition of the stock to be treated as ordinary income. Excludes enterprise zone capital gains from income computation of alternative minimum taxes. Subtitle C: Regulatory Flexibility - Amends Federal law to revise the definition of "small entity" for purposes of the analysis of regulatory functions to include qualified business, government, and nonprofit enterprises operating within enterprise zones. Authorizes Federal agencies, upon request by a designating government, to waive or modify rules and regulations pertaining to the implementation of projects or activities within an enterprise zone. Requires agencies to approve the request if the resulting benefits of job creation, community development, or economic revitalization outweigh the public interest in retaining the rule unchanged. Disallows waiver or modification of a rule that would directly violate a statutory requirement or present a danger to the public health and safety. Subtitle D: Establishment of Foreign-Trade Zones in Enterprise Zones - Requires the Foreign-Trade Zone Board to consider on a priority basis and to expedite the processing of applications for the establishment of foreign-trade zones within enterprise zones. Requires the Secretary of the Treasury to give priority to, and expedite applications for, the establishment of ports of entry necessary to establish such zones. Subtitle E: Repeal of Title VII of the Housing and Community Development Act of 1987 - Repeals title VII (enterprise zone development) of the Housing and Community Development Act of 1987.
Bill· SS. 2784 (102nd)referred
United States · United States Congress · 21 May 1992
Self-Sufficiency Opportunities Act of 1992 - Amends part A (Aid to Families with Dependent Children) (AFDC) of title IV of the Social Security Act to disregard for purposes of AFDC eligibility any savings from a child's earned income placed in a qualified education account. Allows States to permit certain self-employment program participants a one-time election to purchase capital equipment for a small business. Treats: (1) such purchases as business expenses and prohibits their depreciation for income tax purposes; and (2) repayments of the principal portion of small business loans and cash retained by small businesses for future uses as business expenses for purposes of AFDC eligibility. Authorizes grants to States for public-private parterships for technical assistance for AFDC recipients seeking to become self-employed. Authorizes appropriations.
Bill· HRH.R. 5235 (102nd)referred
United States · United States Congress · 21 May 1992
Defense Diversification Act of 1992 - Title I: Guarantees for Defense-Dependent Small Businesses - Amends the Small Business Act to authorize the Small Business Administration to guarantee loans to assist small business concerns that are defense-dependent contractors in the financing of projects to: (1) convert defense-related productive facilities or equipment of such concerns to nondefense-related use; (2) diversify the operations of such concerns toward greater emphasis upon the civilian sector of the economy; or (3) retrain employees as part of the conversion and diversification process. Directs the Secretary of the Treasury to establish a loan guarantee program to assist defense facilities holding major defense contracts or subcontracts in financing the same type of projects. Sets forth requirements for loan guarantees and limitations on guarantee authority. Title II: Tax Incentives to Assist in Defense Industry Diversification - Amends the Internal Revenue Code to establish a special depreciation deduction for nondefense-related equipment placed in service after December 31, 1992, and before January 1, 1996, by defense contractors. Allows such deduction, with limitations, against the alternative minimum tax. Allows the investment tax credit to rehabilitate buildings used for defense-related purposes, including post-1936 buildings, into buildings to be used for non-defense related purposes during the period after December 31, 1992, and before January 1, 1996. Extends the exclusion from gross income for employer-provided educational assistance from June 30, 1992, until December 31, 1995. Allows defense contractors that diversify into nondefense-related businesses an itemized deduction for each eligible individual who begins work for the contractor after June 30, 1992, and before January 1, 1996. Sets forth the amounts of such deduction for a three-year period and other special rules. Allows such deduction, with limitations, against the alternative minimum tax. Allows an alternative five-percent research credit for expenses of defense contractors that increase nondefense related research. Title III: Grants to States to Provide Technical and Financial Assistance to Defense-Dependent Contractors - Authorizes appropriations to carry out this title. Sets forth requirements for the allocation of grants to States under this title and State application requirements. Directs a State to certify to the Secretary of Defense that it will: (1) provide an amount equal to one dollar for every ten dollars of Federal funds to provide technical and financial assistance to defense-dependent contractors; (2) maintain its aggregate expenditures from all other sources for programs which provide such assistance at or above the average level of such expenditures in the two fiscal years preceding the enactment of this Act; (3) require contractors receiving assistance to provide funds in an amount equal to one dollar for every dollar of funds provided under the program; and (4) report to the Secretary on the use of the grant. Provides that States will allocate grant funds for assistance to defense-dependent contractors as follows: (1) 40 percent for making quality and productivity improvements and expanding markets; and (2) 60 percent for undertaking human resource development initiatives essential for defense diversification, industrial modernization, and the fulfillment of improved competitiveness strategies.
Bill· HRH.R. 5230 (102nd)open
United States · United States Congress · 21 May 1992
American Technology and Competitiveness Act - Title I: General Provisions - Sets forth the purposes and goals of this Act. Title II: Manufacturing - Manufacturing Technology and Extension Act of 1992 - Amends the Stevenson-Wydler Technology Innovation Act of 1980 to designate the Department of Commerce as the lead civilian Federal agency to work with U.S. industry, State and local governments, and private entities to enhance U.S. manufacturing capabilities. Establishes the Nationwide Network of Manufacturing Outreach Centers to assist U.S. manufacturers, especially small and medium-sized firms, to expand the use of technology and modern manufacturing processes. Provides for a related communications infrastructure and information clearinghouse. Authorizes appropriations. Establishes the Advanced Manufacturing Systems and Networking Projects program to create technology development programs to create advanced computer-integrated, electronically-networked manufacturing technologies and associated applications. Authorizes appropriations. Requires the Director of the National Science Foundation (NSF) to expand the Engineering Research Centers program with emphasis on advanced manufacturing. Authorizes the establishment of up to five new Centers for such purpose. Authorizes appropriations. Title III: Critical Technologies - Subtitle A: Miscellaneous - Requires the Secretary of Commerce (Secretary) to report annually to the appropriate congressional committees regarding any executive branch international trade negotiations which might affect Federal research and development programs. Subtitle B: Council on Technology and Competitiveness - Establishes within the Executive Office of the President a Council on Technology and Competitiveness. Authorizes appropriations. Subtitle C: Advanced Technology Program - Directs the Secretary to submit to the Congress an expansion plan for the Advanced Technology program. Requires the establishment of at least two new critical technologies consortia. Authorizes appropriations. Subtitle D: Technology Commercialization Loans - Authorizes the Secretary to make technology commercialization loans. Authorizes appropriations. Subtitle E: Critical Technologies Development-Part I: General Provisions - Critical Technologies Development Act of 1992 - Directs the Under Secretary of Commerce for Technology (Under Secretary) to establish a critical technologies development advisory committee. Part II: Program Structure and Operation - Establishes a program of financing qualified business concerns through federally assisted licensees. Part III: Enforcement - Provides for licensee enforcement. Part IV: Miscellaneous - Authorizes the Under Secretary to issue and guarantee trust certificates for licensee preferred securities. Authorizes appropriations. Title IV: International Standardization - Amends the American Technology Preeminence Act of 1991 to expand the standards pilot program to promote the dissemination of U.S. technical standards abroad. Authorizes appropriations. Directs the Secretary to report to the Congress with regard to the appropriate Federal role in developing and promulgating domestic and global product and quality standards. Title V: Miscellaneous Provisions - Authorizes appropriations for: (1) the Office of the Under Secretary; (2) technology policy; (3) Japanese technical literature; (4) National Technical Information Service modernization, including a facilities study; and (5) specified activities within the National Institute of Standards and Technology. Prohibits the fraudulent use of "Made in America" labels. Provides for compliance with the Buy American Act. Prohibits the making of a Malcolm Baldrige National Quality Award within a category or subcategory if there are no qualifying enterprises in that category or subcategory. Title VI: Competitiveness Research, Data Collection, and Evaluation - Directs the Secretary to conduct a competitiveness research program. Authorizes appropriations. Title VII: Education and Workforce Training - Subtitle A: American Industrial Quality and Training - American Industrial Quality and Training Act of 1992 - Authorizes the Secretary to make grants for workforce quality training partnerships. Authorizes appropriations. Authorizes the Secretary of Labor to make grants for youth technical apprenticeship programs. Directs such Secretary to establish a program information clearinghouse. Authorizes appropriations. Authorizes the Secretary of Education to make grants for statewide systems of technical training. Authorizes appropriations. Requires reports on U.S. industry worker training and on the applicability of total quality management to education. Authorizes appropriations. Subtitle B: Scientific and Technical Education - Scientific and Technical Education Act of 1992 - Requires NSF to: (1) carry out a program to assist associate-degree-granting colleges to provide education in advanced technology fields, with emphasis on the needs of nontraditional students; (2) establish up to ten scientific and technical education centers of excellence; (3) make grants to eligible college partnerships to assist associate students in mathematics, science, engineering, or technology make the transition to bachelor-degree-granting institutions; and (4) make grants to strengthen the relationships between associate-degree-colleges and secondary schools. Authorizes appropriations. Authorizes NSF to make grants for technology education teacher training. Authorizes appropriations. Subtitle C: Miscellaneous - Amends the Stevenson-Wydler Technology Innovation Act of 1980 to require the Secretary to report to the Congress on establishment of a Malcolm Baldrige National Quality Award for educational institutions. Directs the Secretary to establish in the Technology Administration the American Industrial Quality Foundation to further U.S. industrial competitiveness in the international marketplace. Authorizes appropriations. Amends the Academic Research Facilities Modernization Act of 1988 to authorize appropriations for the Academic Research Facilities Modernization program. Directs the Secretaries of Agriculture, of Defense, and of Energy, the Administrator of the National Aeronautics and Space Administration (NASA) and the Director of the National Institutes of Aeronautics and Space Health to each establish academic research facilities awards programs. Authorizes appropriations. Authorizes NASA, NSF, and the Department of Energy to establish a joint awards program in support of science and technology instructional equipment and facilities. Authorizes appropriations. Amends the National Science Foundation Act of 1950 to authorize NSF to foster the development of high performance computing. Amends the Excellence in Mathematics, Science, and Engineering Act of 1990 to authorize appropriations for grants to educational agencies for systematic reform of mathematics and science education. Title VIII: Tax and Investment Incentives - Investment Incentives Act of 1992 - Subtitle A: Tax and Investment Incentives - Part I: Research and Experimentation Tax Credit Made Permanent - Amends the Internal Revenue Service Code to make the research tax credit permanent. Part II: Capital Gain Provisions - Provides for: (1) the indexing of certain assets acquired on or after February 1, 1992, for purposes of determining gain; and (2) a 50 percent exclusion for gain of individuals from certain small business stock. Part III: Temporary Investment Incentives - Provides for: (1) a temporary expensing increase for small businesses; and (2) a special depreciation allowance for certain equipment acquired in 1992. Subtitle B: Revenue Provisions - Makes the high-income personal exemption phaseout permanent. Disallows the deduction for: (1) certain employee remuneration in excess of $1 million; and (2) club membership dues. Requires specified identifying information with regard to certain seller-provided financing. Extends temporarily the overall limitation on high-income taxpayer itemized deductions. Sets forth a mark-to-market accounting method for securities dealers. Increases the base tax rate on ozone-depleting chemicals. Title IX: National Security Reinvestment - Subtitle A: Advanced Manufacturing Equipment Leasing Corporations - Provides for the establishment of a pilot Advanced Manufacturing Equipment Leasing Corporation which shall: (1) expand the commercial market for advanced manufacturing equipment produced by eligible Department of Defense (DOD) contractors; and (2) provide such equipment through lease or sale to small and medium commercial businesses at less than market rates. Authorizes appropriations. Subtitle B: Science and Mathematics Educational Reinstatement - Directs NSF to establish and administer a fellowship program for teaching certification in science and mathematics for qualifying displaced or retiring military and defense support personnel. Funds the program through DOD. Authorizes appropriations. Subtitle C: National Security Retraining Fellowships - Directs NSF to establish and administer a fellowship program for retraining qualifying displaced or nonretiring military and defense support personnel with specialized defense-related expertise in science or engineering. Funds the program through DOD. Provides for the establishment of a related Engineer Reinvestment Panel. Authorizes appropriations. Subtitle D: Multiprogram Laboratory Conversion - Requires that within five years of enactment of this Act, ten percent of all Federal funding for research and development at (the Department of Energy) multiprogram laboratories shall be used for joint projects with private industry, including specified priority projects. Subtitle E: Research and Development Spending - Expresses the sense of the Congress that: (1) any budget reductions in DOD research and development should be balanced by equal increases in civilian research and development spending; and (2) defense and civilian research and development spending should be made approximately equal as soon as practicable. Subtitle F: Manufacturing Extension and Critical Technologies - Authorizes DOD appropriations for: (1) manufacturing extension programs; and (2) critical technology application centers.
Bill· HRH.R. 5229 (102nd)open
United States · United States Congress · 21 May 1992
Fundamental Competitiveness Act of 1992 - Title I: Public Debt Reduction - Allows individual taxpayers to designate a portion of tax liability (not to exceed ten percent) on their tax returns to reduce the public debt. Establishes the Public Debt Reduction Trust Fund consisting of amounts so designated. Amends the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) to provide for a sequestration of revenues equivalent to the estimated aggregate amount so designated. Specifies accounts exempted from such sequestration and establishes reporting requirements with respect to budget procedures. Title II: Capital Formation - Establishes a method of computing the credit for increasing research activities based on aggregate research expenses, as an alternative to the method based on qualified research expenses. Establishes a variable capital gains deduction whose formulas on a sliding scale range from ten percent for assets held for one year up to 100 percent for assets held for ten years. Allows a deduction of 50 percent of the capital gain from stock investments by non-corporate taxpayers in start-up companies where initial stock offerings are held for two years. Requires indexing, based on the gross national product deflator, of the adjusted basis of certain assets (corporate stock and tangle property that is a capital asset of property used in a trade or business) that have been held for more than one year at the time of sale or other disposition, solely for the purpose of determining gain or loss. Permits an income tax deduction in the amount of dividends paid by domestic corporations, except S corporations, regulated investment companies, real estate investment trusts, and personal holding companies. Repeals the income tax deductions currently permitted in connection with: (1) dividends received by a corporation; (2) dividends received by a corporation on the preferred stock of a public utility; and (3) dividends paid by a public utility on its preferred stock. Increases the deductible percentage of amounts received by a corporation from a qualified ten-percent owned foreign corporation. Allows a charitable deduction for corporate contributions of employee volunteer services to an educational organization. Establishes an investment tax credit for manufacturing and other productive equipment. Provides for determining the applicable percentage of such credit, which includes an efficiency improvement percentage. Increases the limitation based on the amount of tax for purposes of the general business credit. Provides for the treatment of losses on stock in manufacturing companies as ordinary (as opposed to capital) losses. Allows a partial exclusion of dividends or interest received by an individual. Provides for ordinary-loss treatment for losses on investments in a qualified startup company. Describes such company as one which: (1) manufacture tangible personal property in the United States; (2) does not involve a business acquired from another person; and (3) has not been in existence for more than one taxable year at the time it issued stock. Title III: Antitrust - Amends the Clayton Act to bar the acquisition by one corporation of stock of another, subject to specified conditions, where there is a significant probability that such acquisition will substantially increase the ability to exercise market power (currently, where the effect of such acquisition may be to substantially lessen competition or to tend to create a monopoly). Defines the ability to exercise market power for purposes of such provision as the ability of one or more firms profitably to maintain prices above competitive levels for a significant period of time. Directs the court, in determining whether there is a significant probability that any acquisition will substantially increase the ability to exercise market power, to consider all economic factors relevant to the effect of the acquisition in the affected markets, including: (1) the number and size distribution of firms and the effect of the acquisition thereon; (2) the ease or difficulty of entry by foreign or domestic firms; (3) the ability of smaller firms in the market to increase production in response to an attempt to exercise market power; (4) the nature of the product and terms of sale; (5) conduct of firms in the market; (6) efficiencies deriving from the acquisition; and (7) any other evidence indicating whether the acquisition will or will not substantially increase the ability, unilaterally or collectively, to exercise market power. Amends the National Cooperative Research Act of 1984 to include a joint production venture within the scope of such Act as an activity that shall not be deemed illegal per se under the antitrust laws. Changes the short title of such Act to the National Cooperative Research, Development, and Production Act. Title IV: Business Liability - Subtitle A: Findings - Makes findings with respect to the increasing amount of litigation in our society and the desirability of encouraging alternative dispute mechanisms and providing uniform legal standards in the areas of professional and product liability. Subtitle B: Professionals' Liability Reform - Professionals' Liability Reform Act of 1992 - Establishes certain limitations and procedures regarding professional liability actions. Preempts certain State laws. Provides that nothing in this Act shall prohibit any State from developing or implementing alternative procedures for: (1) expediting the adjudication of professional liability claims; (2) resolving professional liability disputes; or (3) compensating for harm caused by professional services. Requires professional liability actions to be brought within three years after the claimant discovered, or should have discovered, the harm. Requires the claimant, in any professional liability action, to establish: (1) that the professional negligently rendered professional services and that such negligence was the proximate cause of the harm; or (2) in a claim for economic injury, that the professional negligently rendered professional services to and for the direct and intended benefit of the claimant, and such services were the proximate cause of the harm. Requires the claimant to establish that, at the time such services were provided, knowledge of the circumstances that caused the harm and a practical means to eliminate such circumstances were reasonably available. States that a professional shall not be liable in a professional liability action in which: (1) the professional's services were rendered to an agency of the Federal or State government; (2) Federal or State contract specifications existed which were material to the claim; and (3) the services rendered conformed to such specifications. Permits future damage awards exceeding $100,000 to be made by periodic payments. Requires that damage awards be offset by any amount received as compensation for the same injury. Establishes a contingency fee schedule for plaintiffs' attorneys. States that the principles of comparative liability shall apply unless persons engaged in concerted action which proximately caused the harm. Permits the awarding of punitive damages only where the conduct of the defendant: (1) manifested a malicious and reckless disregard for safety; and (2) constituted an extreme departure from accepted standards of safety. States that punitive damages may not be awarded in the absence of a compensatory award, or for the negligent provision of professional services. Requires the trier of fact, at the request of the professional, to consider in a separate proceeding whether punitive damages are to be awarded. Limits the claimant's actual recovery of punitive damages to three times the amount of compensatory damages. States that excess punitive damages shall be paid to the State or Federal government. Makes any attorney who files a frivolous claim subject to pecuniary sanctions by the court. Requires each State to encourage professional organizations to form risk management programs. Subtitle C: Product Liability Fairness - Part I: General Provisions - Product Liability Fairness Act - Declares that this Act governs any product liability action brought against a manufacturer or product seller, on any theory, for harm caused by a product. States that a civil action brought against a manufacturer or product seller for loss or damage to a product itself or commercial loss shall be governed by applicable commercial or contract law. Supersedes any inconsistent State law regarding recovery in such actions. Lists specific laws not superseded, including: (1) defense of sovereign immunity asserted by any State or by the United States; (2) any Federal law (except the Federal Employees Compensation Act and the Longshore and Harbor Workers' Compensation Act); (3) the Foreign Sovereign Immunities Act of 1976; (4) State choice-of-law rules; (5) the right of any court to transfer venue or to apply the law of a foreign nation or to dismiss a claim of a foreign nation or citizen on the ground of inconvenient forum; and (6) any statutory or common law cause of action, including an action to abate a nuisance, that authorizes a State or person to institute an action for civil damages or civil penalties, clean up costs, injunctions, restitution, cost recovery, punitive damages, or any other form of relief from contamination or pollution of the environment or the threat of it. Declares that U.S. district courts shall not have jurisdiction over any civil action under this Act, based on specified provisions of Federal law relating to district court jurisdiction. Declares that, if any provision of this Act would shorten the period during which a manufacturer or seller would otherwise be exposed to liability, the claimant may, notwithstanding that period, bring any civil action under this Act within one year after the effective date of this Act. Part II: Out of Court Procedures - Allows any claimant to bring a civil action for damages against a person for harm caused by a product under applicable State law, except to the extent such law is superseded by this title. Sets forth expedited settlement measures, including: (1) an option to include an offer of settlement, for a specific dollar amount, by the plaintiff in the complaint and by the defendant in a responsive pleading; and (2) awarding attorney's fees and costs, in certain circumstances, to the prevailing party if the other party does not accept the settlement offer. Sets forth alternative dispute resolution procedures, including: (1) an option, in lieu of or in addition to a settlement offer, for a claimant or a defendant to offer to proceed under any voluntary alternative dispute resolution procedure established or recognized under the law of the State in which the action is brought or maintained; and (2) awarding of attorney's fees and costs to the offering party if the court determines that a refusal to so proceed was unreasonable or not in good faith. Creates a rebuttable presumption that a refusal to so proceed was unreasonable, or not in good faith, if a verdict is rendered in favor of the offeror. Part III: Court Procedures - Allows a person seeking to recover for harm caused by a product to bring a civil action against the manufacturer or seller under applicable State or Federal law, except to the extent such law is superseded by this Act. Establishes a standard of product seller liability for proximate causes of harm, established by a preponderance of the evidence, which fall under the categories of negligence or express warranty. Allows the trier of fact, in a negligence action, to consider the conduct of the seller with respect to: (1) the construction, inspection, or condition of the product; and (2) failure to pass on warnings or instructions from the manufacturer. Deems the seller not liable for failure to provide warnings or instructions unless the claimant establishes that the seller failed to: (1) provide warnings or instructions received while the product was in the seller's possession and control; or (2) make reasonable efforts to provide users with warnings and instructions which it received after the product left its possession and control. Deems a seller not liable except for breach of warranty where there was no opportunity to inspect the product in a manner which would or should, in the exercise of reasonable care, have revealed the aspect which allegedly caused the harm. Declares that the seller shall be treated as the manufacturer and be liable for harm caused by a product as if it were the manufacturer if: (1) the manufacturer is not subject to service of process in any State in which the action might have been brought; or (2) the court determines that the claimant would be unable to enforce a judgment against the manufacturer. Allows punitive damages, if otherwise permitted by applicable law, to be awarded in any civil action under this title to any claimant who establishes by clear and convincing evidence that the harm suffered was the result of conduct manifesting a manufacturer's or product seller's conscious, flagrant indifference to the safety of those persons who might be harmed by a product. Declares that a failure to exercise reasonable care in choosing among alternative product designs, formulations, instructions, or warnings is not of itself such conduct. Prohibits awarding punitive damages in the absence of a compensatory award, subject to exception. Prohibits punitive damages against a manufacturer or seller of a drug or medical device where: (1) the drug or device was subject to pre-market approval by the Food and Drug Administration (FDA); or (2) the drug is generally recognized as safe and effective under conditions established by the FDA. Prohibits punitive damages against a manufacturer of an aircraft where: (1) the aircraft was subject to pre-market certification by the Federal Aviation Administration (FAA); and (2) the manufacturer complied, after delivery, with FAA requirements and obligations with respect to continuing airworthiness. Provides for separate proceedings, if requested by the manufacturer or seller, with regard to punitive damages. Lists factors the trier of fact is allowed to consider in determining the amount of punitive damages. Bars any civil action under this title: (1) unless filed within two years after the claimant discovered or should have discovered the harm and its cause, subject to exception; and (2) if the product involved is a capital good that is alleged to have caused harm which is not a toxic harm unless filed within twenty-five years after delivery of the product, provided the claimant has received or would be eligible for State or Federal workers' compensation. Excludes a motor vehicle, vessel, aircraft, or railroad used primarily to transport passengers for hire from these time limitations. States that nothing in these provisions affects the right of any person who is subject to liability under this Act to obtain contribution or indemnity from any other person who is responsible for the harm. Requires reduction in the damages awarded by the sum of all State or Federal workers' compensation benefits to which the employee is or would be entitled. Requires a claimant in a civil action under this title who is or may be eligible to receive State or Federal workers' compensation to notify the claimant's employer of the civil action. Requires an action to be stayed, at the sole discretion of the claimant, until a final determination is made on the amount payable as workers' compensation benefits. Declares that, unless the manufacturer or seller has expressly agreed to indemnify or hold an employer harmless, neither the employer nor the workers' compensation insurance carrier shall have a right of subrogation, contribution, or implied indemnity against the manufacturer or seller or a lien against the claimant's recovery, except if the claimant's harm was not in any way caused by the fault of the claimant's employer or co-employees. Allows the employer or workers' compensation insurer to intervene in the action to prove that fact. Prohibits a third party tortfeasor, where workers' compensation is involved, from maintaining any action for implied indemnity or contribution against the employer, any coemployee, or the exclusive representative of the injured person. Prohibits, for a person who is or would have been entitled to receive workers' compensation, any other action, unless a State or Federal workers' compensation law permits recovery based on a claim of an intentional tort. Makes these provisions inapplicable and declares that applicable State law shall control if the employer or the workers' compensation insurer asserts a right of subrogation, contribution, or implied indemnity against the manufacturer or seller or a lien against the claimant's recovery. Declares that, in any product liability action, the liability of each defendant for noneconomic damages shall be several and not joint. Requires the trier of fact to determine the proportion of responsibility of each party for the claimant's harm. Establishes a complete defense, in any civil action under this Act in which all defendants are manufacturers or sellers, that the claimant was under the influence of alcohol or any drug and that, as a result, the claimant was more than 50 percent responsible for the event which resulted in the harm. Defines "drug" to mean any non-over-the-counter drug which has not been prescribed by a physician. Title V: Long-Term Investment - Long-Term Investment Promotion Act of 1992 - Amends the Securities Exchange Act of 1934 to eliminate the requirement that publicly-held corporations report their financial status on a quarterly basis. Title VI: Competitiveness Risk Assessment - Declares that no agency shall propose or promulgate a regulation without first analyzing its direct and indirect effects on the health and safety of consumers and workers, including effects due to wage and job losses, price increases, product restrictions, technological delays, and substitution effects. Title VII: Department of Manufacturing And Commerce - Department of Manufacturing and Commerce Act of 1992 - Renames the Department of Commerce as the Department of Manufacturing and Commerce. Requires the President to establish a Manufacturing Advisory Commission to examine Federal agencies, programs, and offices responsible for manufacturing-related research and development, technology transfer, education, and trade in order to prepare a report for the Congress on the feasibility of consolidating such agencies, programs, and offices into a single Office of Manufacturing within the Department of Manufacturing and Commerce. Title VIII: Amendments to the Stevenson-Wydler Technology Innovation Act of 1980 - Amends the Stevenson-Wydler Technology Innovation Act of 1980 to change from discretionary to mandatory a Federal agency's authority to permit the director of any of its laboratories to enter into cooperative research and development agreements on its behalf. Authorizes each Federal agency to copyright on behalf of the United States any computer software prepared in whole or in part by Government employees involved in cooperative research and development agreements. Includes software royalties in the current distribution format (agency, laboratory, author, and Treasury) under such Act.
Bill· HRH.R. 5232 (102nd)referred
United States · United States Congress · 21 May 1992
Federal Franchise Disclosure and Consumer Protection Act - Makes it unlawful for any person, partnership, or corporation, in connection with the advertising, offering, licensing, contracting, sale, or other promotion in or affecting commerce of any franchise, or any relationship which is represented to be a franchise, to: (1) employ a device, scheme, or artifice to defraud; (2) engage in an act, practice, or course of business which operates or is intended to operate as a fraud or deceit upon any person; (3) obtain money or property, or assist others to obtain money or property, by means of any untrue statement of material fact, or omission to state a material fact; or (4) disriminate among prospective franchisees on the basis of race, sex, religion, disability, or national origin, in the solicitation, offering, or sale of a franchise opportunity, or in the selection of any site or location for a franchise business. Makes it unlawful for any franchisor, subfranchisor, or franchise broker, in connection with any disclosure required by this Act or any disclosure document, notice, or report required by Federal law or regulation, to: (1) make or cause to be made an untrue statement of material fact (including any statement of fact which has the intent or effect of misrepresenting the potential profitability or chances for success of a franchise opportunity) or omit to state a material fact; (2) fail to furnish any prospective franchisee with all information required to be disclosed by, and at the time and in the manner required by the Federal Trade Commission (FTC) in Trade Regulation Rule 436 (Franchise Rule); (3) fail to furnish any prospective franchisee with information which is current as of the close of the franchisor's most recent fiscal year, or within 90 days thereof, or which reflects any material changes since the close of such fiscal year; or (4) make any claim or representation to a prospective franchisee, whether oral or in writing, which is inconsistent with or contradicts any information provided to the prospective franchisee in any required disclosure. Defines "omission of material fact" to include the failure of a franchisor, subfranchisor, or franchise broker to furnish a prospective franchisee with specified information at the time and in the manner set forth by the FTC under the Franchise Rule, including: (1) the name and principal place of business of the franchisor, its predecessor, parent firm, holding company, or other controlling entity of the franchisor, if any, and the name under which the franchisor is doing or intends to do business; (2) a statement disclosing the name and position of each of the franchisor's general partners or principal officers, and whether the franchisor or such persons have been convicted of specified crimes, were held liable, are subject to injunctive or restrictive orders, or settled specified cases involving fraud, or filed for bankruptcy, subject to specified requirements; (3) a statement of the total funds which must be paid by the franchisor to the franchisee or to any person affiliated with the franchisor, or which the franchisor or such affiliated person imposes or collects on behalf of a third party; (4) a description of any real estate, services, supplies, or equipment relating to the establishment or the operation of the franchise business which the franchisee is required by the franchisor to purchase, lease, or rent; (5) a statement describing the services and assistance which the franchisor, persons affiliated with the franchisor, or third parties designated by the franchisor are obligated to provide to the franchisee, under the terms of the franchise or any ancillary or collateral agreement, to obtain or commence the franchise operation and to carry on the franchise business; (6) a statement outlining a specific level or range of potential sales, costs, income, and gross or net profit which a franchisee can reasonably expect to attain through ownership and operation of a franchise; and (7) a balance sheet for the franchisor for the most recent fiscal year, and an income statement and statement of changes in financial position for the franchisor for the most recent three fiscal years. Authorizes the FTC to enforce the provisions of this Act. Enhances current authority by extending the period during which the FTC may bring actions for violations. Authorizes any person injured by a violation of this Act to bring an action in Federal district court for a period of up to five years after the date, or three years following discovery, of the violation. Allows persons injured by a violation, or threatened with injury by an impending violation, to bring actions in Federal court for injunctive relief. Prohibits a franchisor from requiring franchisees to agree to specific provisions in franchise agreements which would: (1) violate specific prohibitions in this Act; (2) relieve any person of liability or duties imposed by this Act; or (3) waive or restrict any right granted under this Act. Provides that: (1) whenever a franchise agreement provides for the use of arbitration to resolve a dispute arising under such agreement, each party to the agreement shall have the option, at any time after the dispute arises, to accept arbitration as the means of settling the controversy; and (2) acceptance of arbitration shall be in writing. Specifies that this Act preempts State laws only to the extent that such laws offer less protection to franchisees than provided by this Act. Directs the FTC to: (1) conduct an ongoing study of the need to develop and implement additional provisions to prevent evasions or violations of the requirements of this Act or to strengthen disclosure of pertinent information to prospective franchisees; and (2) consider the extent to which such additional provisions may be implemented under the FTC's rulemaking authority. Sets forth reporting requirements.
Bill· HRH.R. 5246 (102nd)referred
United States · United States Congress · 21 May 1992
Amends title XVIII (Medicare) of the Social Security Act to provide for extended coverage of home health services under the Medicare program. Amends the Internal Revenue Code to raise the limitation on the amount of wages subject to the hospital insurance tax.
Bill· HRH.R. 5253 (102nd)referred
United States · United States Congress · 21 May 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, in any. Sets forth the 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. Removes the special exemption for social security benefits, 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 low economic growth; (2) the President's flexibility in making deficit reductions among defense programs, projects, and activities; and (3) the special reconciliation process. Sets forth congressional procedures to make available excess budgetary resources whenever the President transmits to the Congress a declaration of national economic urgency. 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 declaration of national economic urgency or a declaration of war. 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. 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 budget resolutions for FY 1993 to achieve such deficit targets.
Bill· HRH.R. 5252 (102nd)referred
United States · United States Congress · 21 May 1992
Enterprise Zone Jobs-Creation Act of 1992 - Title I: Designation of Enterprise Zones - Authorizes the Secretary of Housing and Urban Development (Secretary) to designate enterprise zones for purposes of providing tax and regulatory relief and improving local services. Limits choices to areas nominated by States and local governments. Limits the total number of areas that may be designated, and the time period of the designation. Authorizes the Secretary to designate a zone only if the area meets certain locational, demographic, unemployment, and poverty criteria. Requires nominating local governments, as a condition of the Secretary's designation, to agree in writing to follow a course of action that may include reducing tax rates, improving local services, simplifying or streamlining regulation of business, and providing job training to area residents. Describes areas to which the Secretary must give preference in selecting areas for designation. Requires the Secretary to report to the Congress every two years on the effects of such enterprise zones' designation in accomplishing the purposes of this Act. Title II: Federal Income Tax Incentives - Allows a nonrefundable income tax credit to enterprise zone employees for five percent of any wages earned as do not exceed a specified amount. Phases out such credit. Provides for the nonrecognition of capital gain on the sale of enterprise zone property. Allows a taxpayer a deduction on the aggregate amount paid for the purchase of enterprise stock on its original issue by a qualified issuer. Requires any gain from the disposition of the stock to be treated as ordinary income. Title III: Regulatory Flexibility - Amends Federal law to revise the definition of "small entity" for purposes of the analysis of regulatory functions to include qualified business, government, and nonprofit enterprises operating within enterprise zones. Authorizes Federal agencies, upon request by a designating government, to waive or modify rules and regulations pertaining to the implementation of projects or activities within an enterprise zone. Requires agencies to approve the request if the resulting benefits of job creation, community development, or economic revitalization outweigh the public interest in retaining the rule unchanged. Disallows waiver or modification of a rule that would directly violate a statutory requirement or present a danger to the public health and safety. Title IV: Establishment of Foreign-Trade Zones in Enterprise Zones - Requires the Foreign-Trade Zone Board to consider on a priority basis and to expedite the processing of applications for the establishment of foreign-trade zones within enterprise zones. Requires the Secretary of the Treasury to give priority to, and expedite applications for, the establishment of ports of entry necessary to establish such zones. Title V: Repeal of Title VII of the Housing and Community Development Act of 1987 - Repeals title VII (enterprise zone development) of the Housing and Community Development Act of 1987.
Bill· HRH.R. 5254 (102nd)open
United States · United States Congress · 21 May 1992
Adds a new chapter to Federal veterans' benefits provisions entitled "Veterans' Job Training." Directs the Secretary of Veterans Affairs (Secretary) and, to the extent specifically provided, the Secretary of Labor to carry out a program to assist eligible veterans in obtaining employment through participation in programs of significant training for employment in stable and permanent positions. Requires the program to be carried out through payments to employers who employ and train eligible veterans in such positions. Uses such payments to assist such employers in defraying the costs of necessary training. Authorizes the Secretary to contract or make agreements with State approving agencies (SAAs) to carry out the duties of the Secretary under this chapter, and to pay appropriate expenses. Directs each SAA to report to the Secretary a certification as to the expenses incurred. Requires the Assistant Secretary of Labor for Veterans' Employment and Training to assist the Secretary of Labor in carrying out this chapter. Makes eligible for such job training programs veterans who: (1) are unemployed at the time of application; (2) have been so unemployed for at least ten of the 15 weeks prior to such application; (3) submit an application for such program within four years after discharge or release or four years after enactment of this Act, whichever is later; (4) were discharged on or after August 2, 1990; (5) served on active duty for more than 90 days; (6) are entitled to disability compensation (or who, but for the receipt of military retired pay, would be so entitled) for a disability rated at 30 percent or more; and (7) were discharged or released from active duty due to a service-connected disability. Outlines application requirements for a veteran who wishes to participate in such a program. Authorizes the Secretary to withhold approval of such applications when determined necessary due to limited funds available for the program. Directs the Secretary to furnish to veterans approved for the program a certificate of eligibility for presentation to an employer within 180 days. Limits to 15 months the maximum period of training for which assistance may be provided on behalf of a veteran under this chapter. Requires an employer, in order to be approved under the job training program, to provide training for no less than 12 months in an occupation in a growth industry or in an occupation requiring the use of new technological skills. Allows for a training program of at least six months when the purpose of this chapter would be met by such program. Provides for the approval of appropriate employer job training programs. Prohibits the approval by the Secretary of job training programs for employment: (1) consisting of seasonal, intermittent, or temporary jobs; (2) under which commissions are the primary income source; (3) which involves political or religious activities; (4) with any Federal department or agency; or (5) outside of the State. Outlines application requirements for the approval of job training programs of an employer under this chapter. Authorizes the Secretary to withhold the approval of an employer's proposed program pending the outcome of an investigation as to whether all application requirements have been met. Provides for payments to employers for approved job training programs provided to qualifying veterans under this chapter. Places certain per-veteran limits on the amount of such payments. Requires pro rata repayment by an employer for unfulfilled periods of job training or employment under the program. Requires an employer to certify to the Secretary the appropriate training and employment of a veteran before receiving such payments. Requires all requests for such payments to be made within two years from the date on which the job training ends. Outlines conditions of employer noncompliance under a job training program under which payments made shall be considered an overpayment due to the United States. Requires an employer to notify the Secretary of its intention to employ such veteran, and allows the veteran to begin such program within two weeks after such notification unless approval is withheld or denied by the Secretary. Authorizes an employer to enter into an agreement with an educational institution that has been approved for the enrollment of veterans under which the institution provides the program of job training to eligible veterans. Requires an employer's application to state such intention. Authorizes the Secretary to immediately disapprove further participation by veterans in a program when the Secretary finds that such previously-approved program fails to meet any of the requirements under this chapter. Requires the Secretary to notify the employer and veteran so affected, and to provide the opportunity for a hearing on such disapproval. Directs the Secretary to disapprove future participation by veterans in a program under which the Secretary determines that the rate of veterans' successful completion of an employer's programs is disproportionately low due to deficiencies in the quality of the programs. Requires the Secretary to take into account certain data in making such determination. Requires employer notification and opportunity for a hearing in such cases. Requires to be available the records and accounts of employers pertaining to veterans' job training programs approved under this chapter. Authorizes the Secretary to: (1) monitor employers and veterans participating in such programs to determine compliance; (2) investigate any matter necessary to determine compliance with program requirements; and (3) administer such monitoring and investigative functions via an agreement between the Secretary and the Secretary of Labor for the performance of such functions by the Department of Labor. Prohibits an employer from being paid training assistance on behalf of a veteran under this chapter during any period of time in which the employer receives any other form of assistance on account of the training or employment of the veteran, including assistance under the Job Training Partnership Act, or when the employer receives a tax credit for the employment of certain new employees. Directs the Secretary and the Secretary of Labor, upon request, to provide employment counseling services to eligible veterans in order to assist such veterans in selecting a suitable job training program under the chapter. Directs the Secretary of Labor to provide a program under which: (1) a disabled veteran's outreach program specialist is assigned as a case manager for each veteran participating in a job training program; (2) the veteran has an interview with the case manager within 60 days after entering into a program; and (3) periodic (at least monthly) contact is maintained with each veteran in order to aid such veteran in successfully completing his or her program. Outlines situations in which the assignment of a case manager may be waived. Directs the Secretaries to jointly provide a program of counseling designed to resolve difficulties encountered by veterans during their training. Directs the Secretaries to jointly provide for an outreach and public information program to inform: (1) veterans of available employment and job training opportunities; and (2) private industry and business concerns, public agencies and organizations, educational institutions, trade associations, and labor unions about available job training opportunities. Directs the Secretary of Labor to promote the development of employment and job training opportunities for veterans by: (1) encouraging potential employers to make job training programs available to veterans; (2) advising other appropriate Federal departments and agencies of the program established under this chapter; and (3) advising employers of applicable responsibilities with respect to veterans. Requires coordination of the outreach and public information program with similar Federal programs and programs of public agencies and organizations. Directs the Secretary of Labor, in carrying out his responsibilities under this chapter, to utilize the services of various directors, assistant directors, specialists, and local employees employed in areas related to veterans' employment and training. Directs the Secretary of Labor to request and obtain from the Administrator of the Small Business Administration a list of small business concerns, and to update such list. Directs each Secretary to assist veterans and employers in making and completing applications and certifications required under this chapter. Directs the Secretary of Labor, at least quarterly, to collect and compile from employment services and directors of veterans' employment and training information concerning the number of veterans who receive employment and training counseling, who are referred to employers, who participate in job training, and who complete programs, or the reasons for noncompletion. Authorizes appropriations for FY 1993 through 1995 for making payments to employers under this chapter. Limits to 2.5 percent of such authorized appropriations the amount to be used for administration. Prohibits assistance from being paid to an employer under this chapter: (1) on behalf of a veteran who initially applies for a job training program after September 30, 1995; or (2) for any program which begins after March 31, 1996.
Bill· HRH.R. 5250 (102nd)referred
United States · United States Congress · 21 May 1992
Medical Cost Containment Act of 1992 - Amends the Internal Revenue Code to exclude from gross income medical care savings benefits. Describes such benefits as a health plan which provides that all or part of the premium differential 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.
Bill· HRH.R. 5251 (102nd)referred
United States · United States Congress · 21 May 1992
Taxpayer Bill of Rights 2 - Title I: Taxpayers Advocate - Amends the Internal Revenue Code to establish in the Internal Revenue Service (IRS) the Office of Taxpayer Advocate, headed by the Taxpayer Advocate, appointed by the President, by and with the advice and consent of the Senate. Requires the Office to: (1) assist taxpayers in resolving problems with the IRS; (2) identify areas in which taxpayers have problems in dealings with the IRS; (3) propose changes in the administrative practices of the IRS to mitigate such problems; and (4) identify potential legislative changes which may be appropriate to mitigate such problems. Requires the Taxpayer Advocate to annually report to specified congressional committees on Office activities. Requires the Commissioner of Internal Revenue to establish procedures requiring a formal response to all recommendations submitted to the Commissioner by the Taxpayer Advocate. Replaces the Office of the Ombudsman with the Office of the Taxpayer Advocate. Revises the terms of a Taxpayer Assistance Order to: (1) assist a taxpayer suffering a hardship (currently, a significant hardship); (2) allow the Order to require the Secretary of the Treasury to act within a specified time period; and (3) require the Secretary to take certain actions (currently, only to cease or refrain from taking certain actions). Title II: Modifications to Installment Agreement Provisions - Grants certain taxpayers the right to an installment agreement for the payment of tax liability less than $10,000. Requires prior notification to taxpayers under an installment agreement to pay tax liability before altering, modifying, or terminating such an agreement. Provides for administrative review of denials of requests for installment agreements. Suspends the failure to pay penalty during any period an installment agreement is in effect. Title III: Interest - Requires the abatement of interest in the case of an assessment due to the unreasonable error or delay of an IRS act. Extends from ten to 21 days the period for which interest will not be imposed after notice and demand for payment, if such payment is less than $100,000. Increases the interest rate for overpayment of tax from two percent to three percent (making such rate equal to the interest rate for underpayment of tax). Title IV: Joint Returns - Requires separate deficiency notices in the case of a joint income tax return if the most recent data available to the IRS shows that such spouses did not file a joint return with each other. Allows the disclosure of collection activities to an individual requesting such information in the case of a joint return where such individual is no longer married to or resides in the same household as the other joint filer. Removes limitation on filing a joint return after filing separate returns. Provides that in the case of an examination of an individual with respect to a joint income tax return, the absent divorced or separated spouse cannot be represented by the individual without such acknowledgement in writing. Title V: Collection Activities - Requires the Secretary to send notices of a proposed tax deficiency. Authorizes the Secretary, in certain cases, to: (1) withdraw a notice of a lien; (2) return property that has been levied upon; and (3) offer compromises in civil or criminal cases. Requires the Secretary, at the request of the taxpayer, to make reasonable efforts to notify credit reporting agencies and financial institutions of such withdrawal notice. Requires prior notification to the taxpayer that the taxpayer is under examination and an explanation of the process. Removes certain limits on the standard of conduct and the dollar limit on the recovery of civil damages for unauthorized collection actions. Revises provisions with respect to a designated summons concerning the standard of review, requirements for issuance, and quash proceedings. Title VI: Information Returns - Requires payee statements to provide the phone number of the person providing payment. Establishes civil damages for the fraudulent filing of information returns. Requires the Secretary to make reasonable investigations to corroborate the accuracy of an information return when making a determination of a deficiency by a third party, when such return is disputed by the taxpayer. Title VII: Modifications to Penalty for Failure to Collect and Pay Over Tax - Establishes requirements for preliminary notice and declaratory judgment proceedings for failure to pay tax. Authorizes the Secretary to disclose certain information where more than one person is liable for a penalty. Declares that a person shall not be liable for any penalty for failure to collect and pay over tax if such person: (1) is not a significant owner or highly compensated employee of the trade or business; (2) notifies the Secretary within ten days after such failure; and (3) such notification was before any notice by the Secretary with respect to such failure. Directs the Secretary to ensure that IRS employees are aware of their responsibilities under the tax depository system, the circumstances under which they may be liable for penalties, and reporting responsibilities. Exempts unpaid, volunteer board members of tax-exempt organizations from collection penalties. Title VIII: Awarding of Costs and Certain Fees - Repeals the "substantially justified" test for determining whether a taxpayer may recover costs and fees incurred as part of an administrative or court proceeding. Denies such costs where the position of the United States is substantially justified. Revises the commencement date of reasonable administrative costs. Increases the limit on attorney fees. Provides that any failure to agree to an extension of time for the assessment of any tax shall not be taken into account in determining whether a prevailing party has exhausted all administrative remedies. Title IX: Other Provisions - Revises provisions on the required content of tax due, deficiency, and other notices. Provides protection for noncorporate taxpayers who rely on certain guidance published by the IRS. Requires any final, temporary, or proposed regulation issued by the Secretary to be applied prospectively from the date of publication in the Federal Register. Requires notice to the taxpayer of the inability to associate any payment with any outstanding tax liability. Makes the costs of preparing certain tax returns fully deductible.
Bill· HRH.R. 5240 (102nd)referred
United States · United States Congress · 21 May 1992
Tax Extension Act of 1992 - Amends the Internal Revenue Code to extend from August 1, 1992, until August 1, 1993, the provisions governing the allocation of research and experimental expenditures for purposes of determining sources of income. Extends the following provisions from June 30, 1992, until December 31, 1993: (1) the tax credit for increasing research activities; (2) the targeted jobs credit; (3) the authority to issue qualified mortgage bonds and qualified mortgage credit certificates; (4) the authority to issue qualified small issue bonds to finance manufacturing facilities and farm property; (5) employer-provided educational assistance; (6) the tax exclusion for employer-provided group legal services plans; (7) the energy investment credit for solar and geothermal property; (8) the credit for clinical testing expenses for certain drugs for rare diseases or conditions; and (9) health insurance costs of self-employed individuals. Extends the low-income housing credit until December 31, 1993 with modifications. Expands the ten-year anti-churning rule waiver to certain projects substantially assisted, financed, or operated under the National Housing Act. Allows units occupied by certain full-time students to qualify for such credit. Authorizes the Treasury Department to waive penalties for certain de minimis errors and recertifications. Provides that certain community service facilities in projects in qualified census tracts are included in eligible basis as functionally related and subordinate facilities. Allows certain building owners to elect to use apartment size or family size in determining the credit's gross rent limitation. Provides for the tax treatment of resale price control and subsidy lien programs under mortgage revenue bond provisions. Repeals the tax preference for the appreciated property charitable deduction during 1992 and 1993. Requires a report by the Secretary of the Treasury to certain congressional committees on an advance valuation procedure.
Bill· HJRESH.J.Res. 490 (102nd)referred
United States · United States Congress · 21 May 1992
Constitutional Amendment - Requires the President, prior to each fiscal year, to transmit to the Congress a proposed budget for that year in which total expenditures (except those for repayment of debt principal) do not exceed total receipts (except those derived from borrowing). Provides that if the President transmits to the Congress a declaration of National Economic Urgency for that fiscal year and if such declaration identifies the amount of excess expenditures required to meet national needs, budgetary resources equivalent to the amount of excess expenditures shall become eligible for appropriation only if Congress approves such declaration by a majority rollcall vote in each House. Prohibits the Congress from approving a budget for any fiscal year which is estimated to result in a higher amount of total expenditures than those recommended by the President for that fiscal year. Waives these provisions when a declaration of war is in effect.
Bill· SS. 2748 (102nd)open
United States · United States Congress · 20 May 1992
Library of Congress Fund Act of 1992 - Expresses the intent of the Congress that core Library of Congress services shall continue to be provided at no cost. Title I: Library Products and Services - Authorizes the Librarian of Congress to furnish national library products and services to institutions or individuals for a price that covers distribution costs. Directs the Librarian to publish for comments in the Federal Register new Library of Congress Revolving Fund service activities proposed after enactment of this Act. Requires that any regulation establishing a new activity within specialized library products or services be published in the Federal Register with an explanation of the Librarian's decision. Defines: (1) "core library products and services" as domestic interlibrary loan and information products and services customarily provided by libraries to users at no charge; (2) "national library products and services" as information products and services that are used by libraries and library organizations in maintaining and improving library services throughout the nation; and (3) "specialized library products and services" as specified customized information products and services that exceed core services, that are not national library products and services, and that are designed for individuals or discrete groups of persons or entities. Title II: Library of Congress Revolving Fund for Specialized Products and Services - Establishes the Library of Congress Revolving Fund in the Treasury to be available to the Librarian, without fiscal year limitation, to carry out Fund service activities. Defines "Fund service activities" as specialized library information products and services and other activities assigned by the Librarian by regulation. Requires the Fund to be credited with all amounts received for specialized library products and services and all appropriations for, and other assets associated with, Fund service activities. Authorizes the Librarian to furnish specialized library products and services to institutions and individuals for purchase at a price covering production and distribution costs. Requires the Librarian to set fees to recover the costs of such products and services provided by each Fund service unit. Requires the Librarian to report activities and financial transactions of the Fund in the Annual Report of the Librarian of Congress. Authorizes the General Accounting Office to audit the Fund's financial activities. Title III: General Standards and Limitations - Requires the Librarian to respect and preserve the security classification of any scientific or technical material in the possession or control of the Library of Congress. Requires the President to certify the classified status of items received as being essential in the interest of national defense. Declares that this Act shall not apply to the Copyright Office or modify Federal copyright law. Prohibits: (1) the use of Congressional Research Service (CRS) resources to generate fee-based research and information services; or (2) the marketing or publication of CRS products without prior approval of either the Committee on House Administration or the Senate Committee on Rules and Administration. Provides that nothing in this Act shall be construed to: (1) permit the Library to impose redistribution fees on domestic end users of national library products and services; (2) revise the Federal depository library program or the Library's distribution of publications to depository libraries; or (3) require fees or charges for services and products provided under reciprocal arrangements for the exchange of information. Requires the Library to follow rulemaking notification procedures of the Administrative Procedure Act when proposing new Fund service activities.
Bill· SS. 2758 (102nd)referred
United States · United States Congress · 20 May 1992
Amends Federal law to authorize the payment of State and local property taxes on forfeited real property from the Department of Justice Assets Forfeiture Fund.
Bill· SS. 2744 (102nd)referred
United States · United States Congress · 20 May 1992
Amends the Internal Revenue Code to allow Indian tribes to receive charitable contributions of inventory and other property.
Bill· HRH.R. 5225 (102nd)referred
United States · United States Congress · 20 May 1992
Program for Greater Stability and Support (PROGRESS) for the Independent States of the Former Soviet Union Act of 1992 - Sets forth policies on the provision of trade benefits and other assistance to the independent states of the former Soviet Union (members of the Commonwealth of Independent States), including prohibitions on assistance to Communist party organizations. Makes an independent state eligible for such assistance only if the President reports to the Congress that the state is taking steps toward: (1) political pluralism; (2) economic reform and a market economy; (3) respect for human rights; and (4) building a friendly relationship with the United States. Declares that the United States, in providing such assistance, should: (1) avoid equating the amount of funds used for assistance with success; (2) encourage and facilitate technical advice on establishing free market economies; and (3) encourage cultural and educational exchanges between U.S. nongovernmental organizations and nongovernmental organizations in the independent states that are committed to democracy and free market economies. States that the President should consider property rights, business regulations, the informal sector, wage and price controls, taxation, trade policy, restrictions on investment and capital flows, the size of the state sector, and the banking sector, in determining whether such assistance should be provided. Declares that the United States should encourage U.S. companies to bid on contracts to improve infrastructure in the independent states and assist companies in applying for such contracts. Amends the Internal Revenue Code to include eligible independent states of the former Soviet Union within the definition of a beneficiary country for purposes of permitting tax deductions for conventions held in such states. Increases the tax exclusion for income earned in the independent states. Encourages the President to: (1) negotiate with the independent states to establish tax sparing treaties; and (2) reduce trade barriers with such states wherever possible. Amends the Foreign Assistance Act of 1961 to provide that Overseas Private Investment Corporation programs shall not be prohibited in the independent states. Directs the program coordinator of U.S. assistance for the independent states to establish a Business Information Center System to serve as a central clearinghouse and data resource service for U.S. businesses and businesses in the independent states by providing information relating to: (1) business conditions in the independent states; (2) legal and regulatory information needed by U.S. companies seeking to do business in such states; (3) investment and trade opportunities for U.S. companies; and (4) voluntary assistance efforts to the independent states. Requires information to be made available to local enterprises in the independent states seeking trade or investment with the United States through trade information centers. Authorizes appropriations. Sets forth a matching requirement for U.S. businesses receiving such funding. Requires the Director of the U.S. Information Agency to establish a Center for Political Education for the Former Soviet Union to provide training and experience for leaders in the independent states with the Congress, in U.S. political campaigns, and with U.S. media and businesses, by awarding Congressional Gift of Democracy Fellowships. Sets forth a matching requirement for nongovernmental organizations chosen to award such fellowships. Limits fellowships to a five-month period. Authorizes appropriations. Directs the Administrator of the Small Business Administration to develop a management training program for business people and government officials from the independent states. Makes Small Business Development Center Program and Senior Corps of Retired Executives funds available to carry out this program. Commends the Peace Corps and the Small Business Administration for developing the Business to Business Program to teach buiness and management skills to the independent states. Directs the Administrator of the Agency for International Development (AID) to establish a task force to review, and recommend revisions to, AID's regulations governing the application process for private voluntary organizations and businesses to receive AID funding for activities relating to the independent states.
Bill· HRH.R. 5218 (102nd)referred
United States · United States Congress · 20 May 1992
Women and Children First Act of 1992 - Title I: Direct Federal Charity Payment - Subtitle A: General Provisions - Prescribes eligibility requirements for the households of any State which enters into an agreement with the Secretary of Health and Human Services (the Secretary) for the provision of food and housing benefits. Requires the benefit program to be implemented through a specified State agency, and periodically audited. Subtitle B: Exemption from Federal Income Taxation - Declares the food and housing benefits under this Act exempt from Federal income taxation. Subtitle C: Unified Application for Certain Benefits - Requires the Secretary to develop a single application for: (1) benefits under this Act; (2) medical assistance under title XIX of the Social Security Act; and (3) the Head Start Program. Subtitle D: Termination of Certain Public Assistance Programs - Terminates the following programs: (1) the Food Stamp Act of 1977; (2) Aid to Families with Dependent Children; (3) Supplemental Security Income; (4) the National School Lunch Act; (5) the Child Nutrition Act of 1966; (6) the Low-Income Home Energy Assistance Act of 1981; and (7) the rental assistance payments program under Section 8 of the United States Housing Act of 1937. Subtitle E: Effective Date - Sets forth the effective date of this Act. Title II: Graduated Penalties for Conviction of Sexual Child Abuse or Incest - Amends Federal criminal law to set forth increased penalties and mandatory minimum penalties concerning the sexual exploitation of children and of minors. Requires the Attorney General to report to the Congress on whether the statute of limitations on offenses for sexual exploitation of children should be extended to allow prosecutions in cases of delayed discovery resulting from the fact that the victims are children. Increases the penalties for: (1) transporting females or minors for illegal sexual activity; and (2) for sexual abuse crimes. Title III: Adoption Provisions - Subtitle A: Adoption Tax Credit - Amends the Internal Revenue Code to allow as a credit against tax qualified adoption expenses. Subtitle B: Adoption of Abandoned Babies - Amends the Social Security Act with respect to babies abandoned at birth to require certain State laws to be in effect as a prerequisite to Federal aid for State foster care and adoption assistance. Declares that for purposes of the adoption assistance program such babies shall be considered children with special needs. Title IV: Increase in Dependent Tax Exemption; Refundable Credit for Young Children - Amends the Internal Revenue Code to: (1) increase the personal exemption for dependent children who have not attained age 18 before the close of the taxable year; and (2) establish a credit against tax for each dependent child who has not attained the age of 7 as of the close of the taxable year. Title V: Child Support Provisions - Amends the Social Security Act to condition Federal assistance to State plans for child and spousal support upon State procedures which prohibit the issuance or renewal of any license or registration to any person who owes overdue support. Amends Federal criminal law to establish criminal penalties for anyone who leaves or remains outside the State in which child support payments are due in order to avoid payment of arrearages. Amends the Social Security Act to modify the criteria for Federal medical assistance grants to the States (Medicaid) to require that: (1) group health plans permit enrollment of any child whose non-custodial parent is enrolled in the plan and has been ordered to provide child support; and (2) State agencies be authorized to garnish employment-related income, and withhold any State tax refunds of certain persons ordered to provide support to an individual eligible for medicaid. Title VI: Community Chest Tax Credit - Amends the Internal Revenue Code to allow as a credit against tax payments to certain direct service organizations. Title VII: Protection of Women and Children From Sexual Exploitation and Violence - Subtitle A: Importation of Child Pornography - Amends Federal criminal law to prohibit the importation of depictions of a minor engaged in sexually explicit conduct. Sets forth criminal penalties. Subtitle B: Evidence in Sexual Assault and Child Molestation Cases - Amends the Federal Rules of Evidence to render admissible into evidence the defendant's commission of similar crimes involving either sexual assault or child molestation. Subtitle C: Combatting Violence and Crimes Against Women on the Streets and in Homes - Part 1: Federal Penalties for Sex Crimes - Amends Federal criminal law to: (1) direct the United States Sentencing Commission to promulgate guidelines to provide that repeat offenses of sex crimes are punishable by twice the penalty otherwise provided in the guidelines; and (2) provide mandatory restitution for sexual abuse crimes. Authorizes appropriations for U.S. Attorneys to appoint counselors for victims and witnesses in connection with the prosecution of sex crimes. Sets forth criminal penalties for interstate travel to: (1) commit spousal abuse; or (2) commit spousal abuse in violation of a State-issued protection order. States that "spousal abuse" includes abuse to an intimate partner. Empowers a judge or magistrate to issue temporary protection orders for an abused spouse pending final case adjudication. Directs the court to order restitution to spousal abuse victims. Declares that such protection orders shall be accorded full faith and credit by the courts of sister States, and enforced as if they were orders of the enforcing State. Part 2: Arrest in Spousal Abuse Cases - Directs the Postmaster General to promulgate regulations to secure the confidentiality of abused persons' addresses according to prescribed guidelines. Part 3: Civil Rights - Establishes a Federal cause of action for gender-based crimes of violence. Includes within the definition of "crime of violence motivated by gender" rape, sexual assault, sexual abuse, and abusive sexual contact. Subtitle D: Cause of Action for Victims of Sexual Abuse, Rape, and Murder, Against Producers and Distributors of Hardcore Pornographic Material - Establishes a Federal cause of action against commercial producers, distributors, exhibitors, or sellers of obscene material or child pornography for damages from a sexual offense that was foreseeably caused, in substantial part, by the offender's exposure to such material.
Bill· HRH.R. 5214 (102nd)referred
United States · United States Congress · 20 May 1992
Amends the Internal Revenue Code to allow an individual to recontribute a distribution from an individual retirement plan if: (1) such distribution is received during the four-year period beginning on the date two years before the date of the enactment of this Act; and (2) the ten-percent penalty tax on early distributions was imposed.