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Bill· HRH.R. 6212 (102nd)referred
United States · United States Congress · 9 October 1992
Title I: Fair Trade for the Commercial Shipbuilding and Repair Industry - Subtitle A: Subsidized Shipyard List and Required Vessel Entry Documentation Regarding Construction and Repair Subsidies - Shipbuilding Trade Reform Act of 1992 - Directs the Secretary of Commerce to maintain a list of all foreign shipyards that receive or benefit from, directly or indirectly, a subsidy for the construction or repair of vessels. Requires a vessel master to deposit with appropriate customs officers a construction subsidy certification for the vessel at the time of making formal entry under the Tariff Act of 1930. Requires the master at, or before, the time of formal entry, to deposit with such customs officer a subsidy declaration for repairs made to such vessel since the last time it entered the United States. Subtitle B: Treatment of Vessels Under the Countervailing and Antidumping Duty Laws - Amends the Tariff Act of 1930 to establish special rules in applying countervailing and antidumping laws to foreign-made vessels. Title II: Contingency Retainer Fleet Program - Maritime Reform Act of 1992 - Amends the Merchant Marine Act, 1936 to direct the Secretary of Transportation to encourage the establishment of a fleet of active, militarily useful, vessels to meet Department of Defense and other security requirements, while also maintaining an American presence in international commercial shipping, to be known as the Contingency Retainer Fleet, to consist of privately owned, U.S.-flag vessels for which there are in effect operating agreements. Sets forth requirements for the operating agreement and restrictions on noncontiguous trade. Authorizes appropriations. Prohibits new operating-differential subsidy contracts. Allows the trade-in of obsolete vessels. Limits construction loan guarantees to vessels built in the United States or vessels built in a foreign shipyard that is not included on the subsidized foreign shipyard list. Sets forth reemployment rights for merchant seamen who are members of the Armed Forces Reserves and ordered to active duty. Eliminates certain mortgage restrictions on vessel financing. Amends the Shipping Act to provide for the placement of vessels under foreign registry. Requires the Secretary to study and report to the Congress on the impact of this Act on U.S. international competitiveness in the maritime industry. Title III: Amendments Related to Capital Construction Fund; Phaseout of Duty on Equipment and Repairs of Vessels in Foreign Countries - Subtitle A: Amendments Related to Capital Construction Funds - Amends the Merchant Marine Act to remove the requirement that vessels be built in the United States in order to establish a capital construction fund. Provides for the taxation of earnings on fund investments. Allows the withdrawal of such funds to make certain payments on leased vessels. Authorizes deposits in such fund in excess of limitations for prior years based on an audit adjustment. Provides for the treatment of long-term capital gains and losses and the computation of interest on nonqualified withdrawals in such fund. Subtitle B: Phaseout of Duty on Equipment and Repairs of Vessels in Foreign Countries - Reduces the required duty for repairs made in a foreign country by vessels documented in the United States.
Bill· SS. 3373 (102nd)open
United States · United States Congress · 8 October 1992
Bullet Death, Injury, and Family Dissolution Control Act - Title I: National Center for Bullet Death and Injury Control - Establishes within the Department of Health and Human Services a National Center for Bullet Death and Injury Control. Directs the Center to conduct research into, and provide leadership and coordination for: (1) the understanding and promotion of knowledge about the epidemiologic basis for bullet-related death and injury within the United States; (2) developing technically sound approaches for controlling and eliminating bullet-related deaths and injuries; (3) building the capacity for implementing the options and for expanding the approaches to controlling death and disease from bullet-related trauma; and (4) educating the public about the nature and extent of bullet-related violence. Sets forth provisions regarding: (1) the functions of the Center (including conducting research and preparing statistics on bullet-related death and injury, making recommendations to the Congress, Federal, State, and local agencies about options for actions to eradicate or reduce the incidence of such death and injury, and providing training and technical assistance to Federal, State, and local agencies regarding the collection and interpretation of bullet-related data); and (2) establishment of an independent advisory board to assist in setting the policies for and directing the Center. Authorizes appropriations. Title II: Increase in Excise Tax on Certain Bullets - Amends the Internal Revenue Code to set the excise tax rate on .25 and .32 caliber and nine millimeter ammunition at 1,000 percent, with an exemption for law enforcement agencies.
Bill· SS. 3390 (102nd)referred
United States · United States Congress · 8 October 1992
National Child Protection Act of 1992 - Establishes a national criminal background check system to which a designated criminal justice agency in each State is required to report or index child abuse crime information, for purposes of background checks of child care providers. Directs the Attorney General to establish: (1) guidelines for the reporting or indexing of such information; and (2) timetables for each State to provide such information to such system (with a three-year deadline for all States to be reporting at a specified level of currency). Requires State agencies to maintain close liaison for the exchange of technical assistance in cases of child abuse with the National Centers: (1) on Child Abuse and Neglect; (2) for Missing and Exploited Children; and (3) for the Prosecution of Child Abuse. Directs the Attorney General to publish annually: (1) a statistical summary of the child abuse crime information reported under this Act; and (2) a summary of each State's progress in reporting child abuse crime information to the national criminal background check system. Requires the Administrator of the Office of Juvenile Justice and Delinquency Prevention to conduct a study to determine various factors relating to potential child abuse crimes and offenders, based on a statistically significant sample of convicted child abuse offenders and other relevant information. Requires a report on such study to be submitted to specified congressional committee officials. Provides for background check procedures. Allows entities that provide child care or child care placement services (including businesses or organizations that license or certify others to provide such services) to request State agencies to review State and Federal records through the national system to determine if a child care provider is under indictment for, or has been convicted of, a background check crime. Directs the Attorney General to establish guidelines for such State background check procedures, permitting equivalent procedures under specified conditions. Authorizes the Attorney General to prescribe by regulation any other measures necessary to carry out this Act. Directs the Attorney General to encourage use of the best technology available in conducting background checks. Amends the Omnibus Crime Control and Safe Streets Act of 1968 to provide for use of certain formula grants to improve State record systems and the sharing of records of child abuse crime information to implement this Act. Directs the Attorney General to make additional grants to States to improve specified aspects of the child abuse crime information system, subject to appropriations and with preference to States having the lowest percent currency of case dispositions in computerized criminal history files. Authorizes appropriations for such additional grants. Authorizes the Attorney General, beginning one year after enactment of this Act, to reduce by up to ten percent the allocation to a State for a fiscal year under title I of the Omnibus Crime Control and Safe Streets Act of 1968 if the State is not in compliance with the child abuse crime information timetable established for it under this Act.
Bill· SS. 3381 (102nd)referred
United States · United States Congress · 8 October 1992
Amends the Internal Revenue Code to allow an eligible taxpayer to exclude from gross income the gain from the sale of real property to the extent such gain does not exceed $250,000. Makes a taxpayer eligible if: (1) the taxpayer or the taxpayer's spouse or dependent is physically or mentally incapable of caring for himself or herself; (2) the expenses for medical care of such an individual exceed 25 percent of the taxpayer's adjusted gross income (reduced by the gain from the sale of property); and (3) the taxpayer elects the exclusion from gross income.
Bill· SS. 3379 (102nd)referred
United States · United States Congress · 8 October 1992
Amends the Internal Revenue Code to allow a portion of the alcohol fuels credit to offset the tentative minimum tax. Allows an alcohol fuels credit for bio-additives (liquids derived from biological sources) used to produce diesel fuel. Excludes from gross income the alcohol fuel credit attributable to bio-additives and certain ethanol-based ethers.
Bill· SS. 3366 (102nd)referred
United States · United States Congress · 7 October 1992
ADAMHA Reorganization Technical Amendments Act of 1992 - Makes technical amendments to the Public Health Service Act (PHSA), as amended by P.L. 102-321 (ADAMHA Reorganization Act). Amends the PHSA to exclude grants under the Protection and Advocacy for Mentally Ill Individuals Act from certain grant requirements under PHSA provisions relating to the Substance Abuse and Mental Health Services Administration (SAMHSA). Requires maintenance of a clearinghouse for substance abuse information and a clearinghouse for mental health information (currently, requires a clearinghouse for substance abuse and mental health information). Mandates appointment of an Associate Administrator for AIDS Policy and Programs to promote, monitor, and evaluate SAMHSA activities relating to transmission of the human immunodeficiency virus (HIV). Excludes contracts for program resources from a requirement of peer review for grants through the Center for Substance Abuse Treatment, the Center for Substance Abuse Prevention, and the Center for Mental Health Services. Modifies peer review requirements for the Centers. Allows grants for mental health and substance abuse treatment services for homeless individuals to be made to States as well as to community-based entities. Requires any such grants to States to be expended solely to make grants to political subdivisions and to private nonprofit entities. Allows funds from grants, cooperative agreements, or contracts for substance abuse treatment for pregnant and postpartum women to be used for services to women with dependent children who are neither pregnant nor postpartum. Makes violation of confidentiality of records provisions a class A misdemeanor and require a fine in accordance with the Federal criminal code. (Current law requires a fine in accordance with that code, but makes no classification of the offense.) Authorizes the Director of the National Institute on Alcohol Abuse and Alcoholism (currently, authorizes the Secretary of Health and Human Services, through such Institute) to designate National Alcohol Research Centers. Allows States receiving grants for programs on breast and cervical cancers to expend the grants through grants and contracts with public or private (currently, public or nonprofit private) entities. Requires that substance abuse treatment programs under block grants to States make early intervention services for HIV available to individuals at the program site or in coordination with the program in which the individuals are undergoing the treatment (currently, at the program site). Allows categorical grants to States for expansion of the capacity for substance abuse treatment to be used for inpatient hospital services when medically necessary for an individual. Amends ADAMHA Reorganization Act temporary provisions regarding funding to provide that amounts appropriated for fiscal year 1992 shall be available for obligation until December 31, 1992. Amends the Stewart B. McKinney Homeless Assistance Act to repeal provisions authorizing appropriations for community-based mental health services to homeless individuals who are chronically mentally ill.
Bill· SS. 3353 (102nd)referred
United States · United States Congress · 6 October 1992
Amends the Internal Revenue Code to provide for treating qualified accident and health insurance contracts of small insurance companies in the same manner as group life insurance contracts for purposes of capitalization of certain policy acquisition expenses.
Bill· SS. 3360 (102nd)referred
United States · United States Congress · 6 October 1992
Requires the Secretary of Defense to establish the Federal Defense Laboratory Diversification Program. Specifies that: (1) the laboratories covered by the Program shall include all Department of Defense (DOD) owned or operated laboratories and DOD federally funded research and development (R&D) centers that undertake more than $5 million in research (Defense laboratories); and (2) the Program shall be managed by Director of Defense Research and Engineering. Directs the Program to undertake cooperation between Defense laboratories and private industry to promote: (1) the development and application of dual-use manufacturing technologies to improve quality and efficiency in the manufacture of both civilian and defense-oriented products; (2) the development and commercialization of dual-use product technologies; (3) the transfer of defense or dual-use technologies from laboratories to the private sector for the purpose of commercialization through patent, royalty, and license agreements, cooperative R&D agreements, and other cooperative agreements and through symposia, meetings, and other mechanisms; and (4) the efficient adoption and adaptation of civilian manufacturing product and process technologies to defense needs in sectors critical to maintaining defense preparedness. Requires the Director of Research and Engineering to develop, for each category of diversification activity for each Defense laboratory covered by this Act, benchmarks which cover FY 1993-95 and include for each such fiscal year: (1) the budget resources, manpower, and facilities to be utilized by each laboratory; and (2) the dollar value of patents, royalties, and licenses broken down by product or SIC code to be sought and pursued by each laboratory, in implementing the Program. Requires the Director, with respect to the budget resources, manpower, and facilities to be utilized by each Defense laboratory covered by the Program to establish benchmarks concerning the number and value of cooperative R&D and other cooperative agreements to be established and undertaken allocating, as appropriate, a minimum of two to five percent of budget to such cooperative work within two years of the Program's establishment. Specifies that: (1) Program benchmarks shall be established within 180 days; (2) upon their establishment, each Defense laboratory shall promptly proceed to implement them within its overall budget and utilizing other funds that may be available for implementation of this Act; and (3) benchmarks shall be updated each fiscal year on an ongoing basis. Directs each: (1) Defense laboratory participating in the Program to establish an industry and academic advisory panel to promote cooperation between the laboratory and the private sector in carrying out the Program; and (2) laboratory to utilize its panel to oversee the development of each year's research plan and the implementation of the Program and its benchmarks and to provide advice on how to enhance the dual-use properties of the laboratory's research work on a project-by-project basis. Sets forth reporting requirements. Requires the Director of the Office of Technology Assessment to: (1) subject to the approval of the Technology Assessment Board, undertake an evaluation of practices and procedures that have proven effective in promoting specified elements of the Program, both in laboratories covered by the Program and elsewhere; and (2) evaluate the effectiveness of the Program in achieving optimal cooperation with private industry in meeting such elements and make recommendations for any improvements in practices and procedures for cooperating with industry that should be implemented. Directs the Director of Research and Engineering to utilize the recommendations and results of such study in ongoing implementation of the Program.
Bill· SS. 3352 (102nd)referred
United States · United States Congress · 6 October 1992
Environmental Innovation Research Act of 1992 - Establishes an Office for the Development of Critical Environmental Technology in the Environmental Protection Agency (EPA). Requires the EPA Administrator, acting through the Office Director, to: (1) carry out a critical environmental technology research program; and (2) conduct an environmental innovation research program. Requires the heads of covered Federal agencies (agencies for which more than $50,000,000 per fiscal year is made available for environmental research and development or cleanup) to establish research programs for the commercialization of critical environmental technology to: (1) further the progress of cleanup and pollution prevention activities; and (2) avoid future pollution and cleanup problems. Directs such agencies to set aside funding for such programs. Sets forth phases of such programs and authorizes agreements with private businesses to carry out such research. Requires the Office Director to compile an annotated list of critical environmental technologies and provide for periodic list updates. Establishes a Critical Environmental Technology Task Force to coordinate the distribution of critical environmental technology and data, review research proposals, and ensure complementary research efforts. Directs the heads of covered Federal agencies to report annually to the Director on funding agreements under the environmental technology program and the percentage of successful commercialization efforts in critical environmental technology. Requires the Administrator to promulgate guidelines for Federal environmental innovation research programs. Directs the Administrator to survey and monitor all phases of the research programs of covered agencies. Authorizes appropriations.
Bill· SS. 3351 (102nd)referred
United States · United States Congress · 6 October 1992
Amends the Internal Revenue Code to defer estate taxes on small family farms and businesses worth less than $50 million until six months after: (1) the disposition of 40 percent or more of the value of the farm or business to nonfamily members; (2) the disposition of 60 percent or more of the farm or business to a family member who is not a qualified heir; (3) the management or control of such assets belongs to a nonfamily member for 270 consecutive days or longer; or (4) the cessation of the use of the assets in a qualified farm, trade, or business. Limits such estate taxes to the present value of the assets.
Bill· HRH.R. 6201 (102nd)referred
United States · United States Congress · 6 October 1992
Title I: Child Protection - National Child Protection Act of 1992 - Establishes a national criminal background check system (system) to which a designated agency in each State is required to report child abuse crime information, or index such information in the system, for purposes of background checks of child care providers. Directs the Attorney General to establish: (1) guidelines for the reporting of such information; and (2) timetables for each State to report such information to the system (with a three-year deadline for all States to be reporting at a specified level of currency). Requires State agencies to maintain close liaison for the exchange of technical assistance in cases of child abuse with the National Center: (1) on Child Abuse and Neglect; (2) for Missing and Exploited Children; and (3) for the Prosecution of Child Abuse. Directs the Attorney General to publish annually: (1) a statistical summary of the child abuse crime information reported under this title; and (2) a summary of each State's progress in reporting child abuse crime information to the system. Requires the Administrator of the Office of Juvenile Justice and Delinquency Prevention to conduct a study to determine various factors relating to potential child abuse crimes and offenders, based on a statistically significant sample of convicted child abuse offenders and other relevant information. Requires a report on such study to be submitted to specified congressional committee officials. Authorizes a State to have in effect procedures to permit a qualified entity (i.e., a business or organization that provides child care or child care placement services, or that certifies others to provide such care or services) to contact a State agency to request a nationwide background check to determine if a child care provider is under indictment for, or has been convicted of, a background check crime. Directs the Attorney General to establish: (1) guidelines for State background check procedures, but permits the Attorney General to certify that a State procedure is equivalent to that under this title under specified circumstances; and (2) criteria for such certifications. Authorizes the Attorney General to: (1) prescribe such other measures as may be required to carry out the purposes of this title; and (2) encourage the use of the best technology available in conducting background checks. Amends the Omnibus Crime Control and Safe Streets Act of 1968 (Omnibus Act) to provide for the use of drug control and system improvement grants for the improvement of State record systems and the sharing of records of child abuse crime information to implement this title. Directs the Attorney General, subject to appropriations and with preference to States that have the lowest percent currency of case dispositions in computerized criminal history files, to make additional grants to each State to be used, for purposes of this title: (1) for the computerization of criminal history files; (2) for the improvement of existing computerized criminal history files; (3) to improve accessibility to the system; and (4) to assist the State in the transmittal of criminal records to, or the indexing of criminal history records in, the system. Authorizes: (1) appropriations; and (2) the withholding of a portion of the allocation for a fiscal year under the Omnibus Act to a State that is not in compliance with the timetable established under this title. Title II: Notification of Release of Prisoners - Requires the Bureau of Prisons, at least five days prior to the release of a prisoner convicted of a drug trafficking crime or crime of violence on supervised release (or, in the case of a prisoner on supervised release, at least five days prior to the date on which the prisoner changes residence to a new jurisdiction), to provide written notice of the release (or change of residence) to the chief law enforcement officer of the State and of the local jurisdiction in which the prisoner will reside, with exceptions. Specifies that, in the case of a prisoner convicted of an offense committed prior to November 1, 1987, the reference to supervised release in such provision shall be deemed to be a reference to probation or parole. Title III: Bail Posting Reporting - Illegal Drug Profits Act of 1991 - Requires each clerk of a Federal or State criminal court to: (1) report to the Internal Revenue Service the name and taxpayer identification number of any individual charged with a criminal offense who posts cash bail, or on whose behalf cash bail is posted, in an amount exceeding $10,000, and any individual or entity posting such cash bail for or on behalf of such individual; and (2) submit a copy of each report of cash bail to the offices of the U.S. Attorney and of the local prosecuting attorney for the jurisdiction in which the defendant resides (and the jurisdiction in which the criminal offense occurred, if different). Directs the Secretary of the Treasury to promulgate such regulations as are necessary within 90 days of the enactment of this Act. Title IV: Insurance Fraud - Amends the Federal criminal code to establish penalties for persons engaged in the business of insurance whose activities affect commerce, who: (1) knowingly make a materially false statement or report or willfully overvalue land, property, or security in connection with reports or documents presented to an insurance regulatory official or agency, or to any agent or examiner (official) appointed to examine the affairs of such person for the purpose of influencing in any way the actions of such official; (2) willfully embezzle or misappropriate funds or property while acting as an officer, director, agent, or employee (officer) of such person; (3) knowingly make a false entry of material fact in any book, report, or statement of such person with intent to deceive any person, or to deceive any officer of such person or any insurance regulatory official, about the financial condition or solvency of such business; and (4) by threats or force, corruptly influences, obstructs, or endeavors corruptly to influence or obstruct the proper administration of the law under which a proceeding (involving the business of insurance whose activities affect interstate commerce) is pending before an insurance regulatory official to examine the affairs of such person. Authorizes the Attorney General to seek civil penalties and injunctions for violations of this title. Sets penalties for obstructing criminal investigations with respect to the prosecution of cases of insurance fraud. Title V: Art Theft - Establishes penalties for the theft of major art works from museums. Title VI: Trafficking in Counterfeit Goods - Increases penalties for trafficking in counterfeit goods and services. Title VII: Crime Victims - Victims' Rights and Restitution Act of 1992 - Amends the Victims of Crime Act of 1984, as amended, to eliminate the cap on the crime victims fund. Title VIII: Sentencing Provisions - Amends the Federal criminal code to allow the court, in determining the sentence to be imposed in the case of a violation of probation or supervised release, to consider guidelines or policy statements issued by the Sentencing Commission. Authorizes the court to resentence a defendant who violates a condition of probation at any time prior to the expiration or termination of the term of probation. Directs the court to revoke: (1) probation or supervised release and require the defendant to serve a term of imprisonment (with respect to supervised release, up to the maximum authorized) if the court finds the defendant to be in unlawful possession of a controlled substance or firearm or otherwise in violation of a condition of probation or supervised release, or if the defendant refuses to cooperate in drug testing (thereby violating such a condition); and (2) a term of supervised release and require the defendant to serve in prison all or part of the term of release authorized by statute for the offense that resulted in such term, without credit for time previously served on post-release supervision, if the court finds by a preponderance of the evidence that the defendant violated a condition of supervised release, subject to specified limitations. Authorizes the court to include a requirement that the defendant be placed on supervised release after imprisonment when a term of supervised release is revoked and the defendant is required to serve a term of imprisonment less than the maximum authorized. Specifies that the length of such a term of release shall not exceed that authorized by statute for the offense of which the defendant was convicted, minus any term of imprisonment that was imposed upon revocation of supervised release. Specifies that the power of the court to revoke a term of supervised release for violation of a condition of such release, and to order the defendant to serve a term of imprisonment and, subject to certain limitations, a further term of supervised release, extends beyond the expiration of the term of release for a period reasonably necessary for the adjudication of matters arising before its expiration if, prior to such expiration, a warrant or summons has been issued on the basis of an allegation of such a violation. Title IX: Sentencing and Magistrates Amendments - Amends the Federal criminal code to: (1) authorize probation for a petty offense if the defendant has been sentenced to a term of imprisonment at the same time for another such offense; (2) make an exception for petty offenses to the rule (under current law) that a person charged with a misdemeanor may elect to be tried before a judge of the district court for the district in which the offense was committed; (3) authorize the magistrate judge, in a petty offense case involving a juvenile, to exercise all powers granted to the district court; and (4) authorize a magistrate judge who has sentenced a person to a term of supervised release to revoke or modify the term or conditions of such release. Title X: Attorneys' Fees Reimbursement Act - Amends the Federal judicial code to provide for the reimbursement of attorney's fees for current and former employees of the Department of Justice or the Federal public defender who were the subject of a criminal or disciplinary investigation related to such employee's discharge of official duties, where the investigation resulted in neither disciplinary action nor a criminal indictment against such employee. Requires the official making the award of reimbursement to make an inquiry into the reasonableness of the sum requested, based on specified guidelines. Title XI: Precursor Chemicals Act - Chemical Control Amendments Act of 1992 - Amends the Comprehensive Drug Abuse Prevention and Control Act of 1970 (Comprehensive Act) to: (1) replace references to "listed precursor chemicals" with "list I chemicals" and "listed essential chemicals" with "list II chemicals"; and (2) revise the definition of "regulated person" to include individuals who act as brokers or traders for international transactions involving a listed chemical, tableting machine, or encapsulating machine. Redefines "regulated transaction" to: (1) include international transactions which do not involve the importation or exportation of a listed chemical into or out of the United States if a broker or trader located in the United States participates in the transaction; (2) include, in the case of a listed chemical that is contained in a drug that may be marketed or distributed lawfully in the United States under the Federal Food, Drug, and Cosmetic Act, transactions involving ephedrine or any other listed chemical which the Attorney General may designate as not subject to exemption after finding that such action would prevent diversion and the total quantity of such chemical included in the transaction equals or exceeds the threshold established for that chemical by the Attorney General; and (3) exclude any transaction in a chemical mixture (current law) which the Attorney General has designated as exempt based on a finding that the mixture is formulated in such a way that it cannot be easily used in the illicit production of a controlled substance and that the listed chemical or chemicals contained in the mixture cannot be readily recovered. Directs the Attorney General to: (1) remove from exemption a drug or group of drugs (drug) that the Attorney General finds is being diverted to obtain a listed chemical for use in the illicit production of a controlled substance, based on: the scope, duration, and significance of the diversion; whether the drug is formulated in such a way that it cannot be easily used in such illicit production; and whether the listed chemical can be readily recovered from the drug; and (2) limit the designation of a drug removed from exemption to the most particularly identifiable type of drug for which evidence of diversion exists unless there is evidence, based on the pattern of diversion and other relevant factors, that the diversion will not be limited to that particular drug. Sets forth procedures, and factors to be considered, with respect to reinstatement of the exemption for particular drug products. Requires every person who manufactures or distributes, or who proposes to engage in the manufacture or distribution of, a list I chemical to obtain annually a registration issued by the Attorney General, with exceptions. Authorizes and directs the Attorney General to register an applicant to distribute a list I chemical unless he determines that the issuance of such registration is inconsistent with the public interest, taking into consideration the following factors: (1) maintenance by the applicant of effective controls against diversion of listed chemicals into other than legitimate channels; (2) compliance by the applicant with applicable Federal, State, and local law; (3) any prior conviction record of the applicant under Federal or State laws relating to controlled substances or chemicals; (4) any past experience in the manufacture and distribution of chemicals; and (5) such other factors as may be relevant to and consistent with the public health and safety. Makes provisions with respect to: (1) the denial, revocation, and suspension of registration relating to the manufacture, distribution, or dispensation of controlled substances explicitly applicable to list I chemicals; and (2) persons required to register applicable to importers and exporters of such chemicals. Directs the Attorney General to register an applicant to import or export a list I chemical unless he determines that the issuance of such registration is inconsistent with the public interest. Specifies that such registration shall not be required for the import or export of certain exempted drug products. Makes it unlawful for a regulated person to distribute, import, or export a list I chemical without the registration required under the Comprehensive Act. Requires each regulated person who manufactures a listed chemical to report annually to the Attorney General information concerning listed chemicals manufactured by such regulated person, with exceptions. Makes a person located in the United States who is a broker or trader for an international transaction in a listed chemical which is a regulated transaction solely because of that person's involvement as a broker or trader with respect to that transaction subject to all of the notification, reporting, record-keeping, and other requirements placed upon exporters of listed chemicals by the Comprehensive Act. Authorizes the Attorney General to: (1) require that the 15-day notification requirement with respect to the importation and exportation of listed chemicals apply to all exports of a specific listed chemical to a specified country, regardless of the status of certain customers in such country as "regular customers," if the Attorney General finds that such notification is necessary to support effective chemical diversion control programs or is required by treaty or other international agreement to which the United States is a party; and (2) waive the 15-day notification requirement for exports of a specific listed chemical to a specified country, and for the importation of a specific listed chemical, if such notification is not required for effective chemical diversion control, subject to specified requirements. Establishes penalties for: (1) exporting, or serving as a broker or trader for an international transaction involving, a listed chemical, knowing or having reasonable cause to believe that the chemical will be used to manufacture a controlled substance in violation of the laws of the country to which the chemical is exported; (2) importing or exporting a listed chemical with intent to evade reporting or record-keeping requirements under the Comprehensive Act by falsely representing to the Attorney General that the importation or exportation qualifies for a waiver of the notification requirement by misrepresenting either the actual country of final destination of the listed chemical or the actual listed chemical being imported or exported; and (3) importing or exporting a listed chemical in violation of provisions regarding persons required to register and regarding brokers and traders for international transactions in listed chemicals that are regulated transactions solely because of such persons' involvement as brokers or traders. Amends list I to add benzaldehyde and nitroethane, and delete D-lysergic acid, N-ethylephedrine, and N-ethylpseudoephedrine. Eliminates "regular supplier" status and creates "regular importer" status. Modifies the definition of "controlled premises" to include places where listed chemicals or records relating to the manufacture, distribution, or disposition of listed chemicals are maintained. Permits officers or employees designated by the Attorney General to inspect, and inventory any stock of, listed chemicals, subject to specified requirements. Makes it a felony for a person who possesses a listed chemical with intent that it be used in the illegal manufacture of a controlled substance to manage the listed chemical or waste from such manufacture other than as required under the Solid Waste Disposal Act. Specifies that, in addition to any penalty that may be imposed for the illegal manufacture, possession, or distribution of a listed chemical or toxic residue of a clandestine laboratory, a person who violates such prohibition shall be assessed costs of the initial cleanup and disposal of the listed chemical and contaminated property and the cost of restoring property damaged by exposure to such chemical. Expands forfeiture provisions to include: (1) moneys and proceeds traceable to exchanges for listed chemicals; and (2) listed chemicals and drug manufacturing equipment imported, exported, manufactured possessed, distributed, or intended to be distributed, imported, or exported, in violation of specified provisions (currently, felony provisions) of the Comprehensive Act. Title XII: Restitution Improvement Act - Amends the Federal criminal code to authorize the court, when sentencing a defendant convicted of an offense under the code or under specified provisions of the Federal Aviation Act of 1958, to require such defendant to reimburse the victim for necessary child care, transportation, and other expenses related to participation in the investigation or prosecution of, or attendance at proceedings related to, the offense. Title XIII: Parental Kidnapping - International Parental Kidnapping Crime Act of 1992 - Amends the Federal criminal code to establish penalties for removing a child from, or retaining a child outside, the United States with intent to obstruct the lawful exercise of parental rights. Makes it an affirmative defense that the defendant: (1) acted within the provisions of a valid court order granting the defendant legal custody or visitation rights, and that such order was obtained pursuant to the Uniform Child Custody Jurisdiction Act and was in effect at the time of the offense; (2) was fleeing an incidence or pattern of domestic violence; and (3) had physical custody pursuant to a court order granting legal custody or visitation rights and failed to return the child as a result of circumstances beyond the defendant's control, and the defendant notified or made reasonable attempts to notify the other parent or lawful custodian of the child of such circumstances within 24 hours after the visitation period had expired and returned the child as soon as possible. Expresses the sense of the Congress that, inasmuch as use of the procedures under the Hague Convention of the Civil Aspects of International Parental Child Abduction has resulted in the return of many children, those procedures (where applicable) should be the option of first choice for a parent who seeks the return of a child who has been removed from the parent. Authorizes appropriations to carry out (under the State Justice Institute Act of 1984) national, regional, and in-State training and educational programs dealing with criminal and civil aspects of interstate and international parental child abduction. Title XIV: Mail Fraud Extension - Extends mail fraud provisions under the Federal criminal code to cover private or commercial interstate carriers. (Current provisions apply only to frauds perpetrated with respect to matter to be sent or delivered through the U.S. Postal Service.) Title XV: Forfeiture Audit Requirement - Amends the Federal judicial code to direct the Attorney General to: (1) require that any State or local law enforcement agency receiving Federal asset forfeiture funds conduct an annual audit detailing the uses and expenses to which the funds were dedicated and the amount used for each use or expense, and report the results to the Attorney General; and (2) include within the Attorney General's report to the Congress all such annual audit reports from State and local law enforcement agencies and a report for such fiscal year describing the administrative and contracting expenses paid from the Department of Justice Assets Forfeiture Fund. Title XVI: Receipt of Stolen Property Amendments - Amends the Federal criminal code to provide that, whenever in the code an element of an offense is that property was embezzled, robbed, stolen, converted, taken, altered, counterfeited, falsely made, forged, or obliterated (stolen) and the defendant knew that the property was of such character, such element may be established by proof that the defendant, after or as a result of an official representation as to the nature of the property, believed the property to be stolen. Title XVII: Telemarketing Fraud - Consumer Protection Against Credit Card Fraud Act of 1992 - Amends the Federal criminal code to establish penalties for knowingly and with intent to defraud: (1) effecting transactions with one or more access devices (ADs) issued to another person to receive payment or any other thing of value during any one-year period the aggregate value of which is equal to or greater than $1,000; (2) without the authorization of the issuer of the AD, soliciting a person for the purpose of offering, or selling information regarding or an application to obtain, an AD; or (3) without the authorization of the credit card system member or its agent, causing or arranging for another person to present to the member or its agent for payment evidence or records of transactions made by an AD. Title XVIII: DNA Testing - DNA Identification Act of 1992 - Amends the Omnibus Act to authorize the use of drug control and system improvement grants to develop or improve in a forensic laboratory a capability to analyze deoxyribonucleic acid (DNA) for identification purposes. Requires State applications for grant funds to certify, if any part of such grant is to be used to develop or improve a DNA analysis capability in a forensic laboratory, that: (1) DNA analyses performed at such laboratory will satisfy or exceed then current standards for a quality assurance program for DNA analysis, issued by the Director of the Federal Bureau of Investigation (FBI); (2) DNA samples obtained by, and DNA analyses performed at, such laboratory will be accessible only to criminal justice agencies for law enforcement identification purposes, to any defendant for criminal defense purposes, and if identifiable information is removed, for a population statistics database, for identification research and protocol development purposes, or for quality control purposes; and (3) such laboratory and each analyst performing DNA analyses at such laboratory will undergo, at regular intervals of not to exceed 180 days, external proficiency testing by a DNA proficiency testing program meeting the standards issued under this Act. Authorizes appropriations. Requires the Director: (1) within 180 days, to appoint an advisory board on DNA quality assurance methods; and (2) appoint members of the board from among nominations proposed by the head of the National Academy of Sciences and professional societies of crime laboratory officials. Specifies that the advisory board shall: (1) include as members scientists from State and local forensic laboratories, molecular geneticists and population geneticists not affiliated with a forensic laboratory, and a representative from the National Institute of Standards and Technology; and (2) develop, and if appropriate, periodically revise recommended standards for quality assurance, including standards for testing the proficiency of forensic laboratories and forensic analysts in conducting analyses of DNA. Requires: (1) the Director, after taking into consideration such recommended standards, to issue (and periodically revise) standards for quality assurance, including standards for testing the proficiency of forensic laboratories and forensic analysts in conducting DNA analyses; and (2) that such standards specify criteria for quality assurance and proficiency tests to be applied to the various types of DNA analyses used by forensic laboratories and include a system for grading proficiency testing performance to determine whether a laboratory is performing acceptably. Specifies that: (1) until such time as the advisory board has made recommendations to the Director and such Director has acted upon those recommendations, the quality assurance guidelines adopted by the technical working group on DNA analysis methods shall be deemed the Director's standards for purposes of this subtitle; and (2) the board shall cease to exist five years after the initial appointments are made to the board, unless the existence of the board is extended by the Director of the FBI. Authorizes the Director to establish an index of DNA identification records of persons convicted of crimes, analyses of DNA samples recovered from crime scenes, and analyses of DNA samples recovered from unidentified human remains. Specifies that such index may include only information on DNA identification records and analyses that are: (1) based on analyses performed in accordance with publicly available standards that satisfy or exceed specified guidelines for the quality assurance program for DNA analysis; (2) prepared by labs and DNA analysts that undergo regular external proficiency testing; and (3) maintained by Federal, State, and local criminal justice agencies pursuant to rules that restrict disclosure of stored DNA samples and analyses. Makes the exchange of DNA identification records subject to cancellation if the quality control and privacy requirements of this Act are not met. Requires: (1) FBI personnel who perform DNA analyses to undergo, at regular intervals of not to exceed 180 days, external proficiency testing by a DNA proficiency testing program meeting the standards issued pursuant to this Act; and (2) the Director to submit an annual report on the results of such tests to specified congressional committees for five years after the enactment of this Act and arrange for periodic blind external tests to determine the proficiency of DNA analysis performed at the FBI laboratory within one year. Restricts disclosure of DNA tests performed for a Federal law enforcement agency. Sets fines of up to $100,000 for individuals: (1) having access to individually identifiable DNA information indexed in a database created or maintained by any Federal law enforcement agency by virtue of employment of official position who willfully disclose such information to any person or agency not entitled to receive it; and (2) who, without authorization, willfully obtain DNA samples or such individually identifiable DNA information. Authorizes appropriations. Title XIX: Torture Convention - Amends the Federal criminal code to establish penalties for committing or attempting to commit torture outside the United States. Grants jurisdiction over such activity if the alleged offender is: (1) a U.S. national; or (2) present in the United States. Makes this title effective on the latter of the date of enactment of this title or the date the United States has become a party to the Convention Against Torture and Other Cruel, Inhumane or Degrading Treatment or Punishment. Title XX: Technical Provisions - Declares that all the territorial sea of the United States, as defined by Presidential Proclamation 5928 of December 27, 1988: (1) is part of the United States, subject to its sovereignty; and (2) for purposes of Federal criminal jurisdiction, is within the special maritime and territorial jurisdiction of the United States. Sets forth provisions with respect to U.S. jurisdiction over crimes against U.S. nationals on foreign vessels. Establishes criminal penalties for: (1) receiving the proceeds of extortion or kidnapping; (2) receiving the proceeds of a postal robbery; and (3) attempted robbery, kidnapping, smuggling, and malicious mischief. Title XXI: Computer Abuse - Computer Abuse Amendments Act of 1992 - Amends the Computer Fraud and Abuse Act to make it a felony to knowingly transmit an unauthorized program or code that alters the information stored in a computer with the intent to damage the system or information contained within the affected computer or computer system, or to withhold or deny the use of such system or information, if the transmission: (1) occurred without the authorization of the person responsible for the computer system receiving the program; and (2) causes damage exceeding $1,000 in any one-year period or modifies or impairs the medical care of one or more individuals. Makes such offense punishable by a fine and up to five years in prison. Sets forth parallel provisions with respect to recklessly transmitting a destructive computer program or code. Makes such offense a misdemeanor, punishable by a fine and imprisonment for up to one year. Creates a civil cause of action for compensatory or injunctive relief for persons suffering damage or loss by virtue of a violation of this Act. Limits damages to economic damages, except for medical records violations. Sets a statute of limitations of two years from the date of the act complained of, or from the date of discovery of the damage. Requires the Attorney General to report to the Congress annually during the first three years following the date of enactment of this Act concerning prosecutions under this Act. Modifies the prohibition against accessing a Government computer where such conduct affects the use of the Government's operation of such computer to cover only actions that "adversely" affect such use. Title XXII: FBI Subscriber - Amends the Federal criminal code to authorize the Director of the FBI or his designee in a position not lower than Deputy Assistant Director to request: (1) the name, address, length of service, and toll billing records of a person or entity (person) if the Director (or his designee in a position not less than Deputy Assistant Director) certifies in writing to the wire or electronic communication service provider to which the request is made that such information is relevant to an authorized foreign counterintelligence investigation and that there are specific, articulable facts giving reason to believe that the person to whom the information sought pertains is a foreign power or agent (current law does not specify the type of information sought or the position of the designee, and excludes all that follows); and (2) the name, address, and length of service of a person if the Director (or his designee in a position not lower than Deputy Assistant Director) certifies that the information sought is relevant to an authorized foreign counterintelligence investigation and that there are specific, articulable facts giving reason to believe that communication facilities registered in the name of the person have been used through the services of such provider in communication with an individual who is or has been engaged in international terrorism or clandestine intelligence activities, or with a foreign power or agent under circumstances giving reason to believe that the communication concerned international terrorism or clandestine intelligence activities, that involve or may involve a violation of U.S. criminal statutes. Requires the Director to report to the House and Senate Judiciary Committees with respect to semi-annual reports concerning requests for information under such provision.
Bill· HRH.R. 6185 (102nd)open
United States · United States Congress · 6 October 1992
Federal Courts Administration Act of 1992 - Title I: Implementation of Federal Courts Study Committee Recommendations - Amends the Federal judicial code to authorize the Supreme Court to prescribe rules for appeal of interlocutory decisions to the courts of appeals. Amends the Federal criminal code to authorize a magistrate judge to: (1) revoke, modify, or reinstate (currently, revoke or reinstate) the probation of a defendant that such judge has sentenced; and (2) modify, revoke, or terminate supervised release of any person sentenced to a term of supervised release by a magistrate judge. Permits a district judge to designate a magistrate judge to conduct hearings to modify, revoke, or terminate supervised release, including evidentiary hearings, and to submit to the judge proposed findings of fact and recommendations for such modification, revocation, or termination by the judge (including, in the case of revocation, a recommended sentence). Directs the magistrate judge to file his or her proposed findings and recommendations. Amends the Federal judicial code to authorize the Chief Justice of the United States, in the public interest, to designate and assign temporarily any circuit judge to act as circuit judge in another circuit upon request by the chief judge or circuit justice of such circuit. (Current law makes no mention of the public interest and authorizes such action upon presentation of a certificate of necessity by the chief judge or circuit justice of the circuit where the need arises.) Title II: Judicial Survivors' Annuities Improvements - Amends the Federal judicial code to authorize judicial officials of the United States (officials) to elect to contribute 2.2 percent of their salary and 3.5 percent of their retirement salary (under current law, five percent of their salary) to the Judicial Survivors' Annuities Fund. Requires an official who is not entitled to receive an immediate retirement salary upon leaving office but who is eligible to receive a deferred retirement salary at a later date to file, within 90 days before leaving office, a written notification of intent to remain within the purview of provisions with respect to the Fund (which shall constitute consent to contribute the 3.5 percent of deferred retirement salary) or be deemed to have revoked the election to participate under such provisions. Provides for the refund of deposits into the Fund for officials who leave office and are ineligible to receive a retirement salary, or who leave office and are entitled to a deferred retirement salary but fail to make an election. Counts as creditable service those years during which an official had deductions withheld from his or her retirement salary. Revises the formula with respect to the computation of the annuity to take into account the number of years during which the official had deductions withheld from his or her retirement salary. Authorizes an official, subject to the terms of a specified decree, court order, or agreement, who ceases to be married after making the election to revoke such election in writing by notifying the Director of the Administrative Office of the U.S. Courts (Administrative Office). Requires such official to also notify any spouse or former spouse of the application for revocation in accordance with such requirements as the Director shall prescribe. Authorizes the Director to provide for waiver of the notification requirement with respect to a spouse or former spouse if such official established to the Director's satisfaction that the whereabouts of such person cannot be determined. Directs the Comptroller General of the United States, at the end of each three-fiscal year period, to determine whether the contributions by officials during such period accounted for 50 percent of the costs of the Fund and if not, what adjustments in the contribution rates should be made to achieve that 50 percent figure. Sets forth reporting requirements. Provides a credit for prior contributions made to the Fund by officials at the higher rate. Permits any official who elects to participate to make a redeposit to the credit of the Fund in installments, in such amounts and under such conditions as may be determined by the Director. Specifies that if an official elects to make a redeposit in installments: (1) the Director shall require that the first installment payment made shall be in an amount no smaller than the last 18 months of salary deductions or deposits previously returned to such official in a lump-sum payment; and (2) the election to participate shall be effective upon payment of the first such installment. Directs the Comptroller General to: (1) conduct an audit of the judicial survivors annuities program for the three-year period beginning on the date of enactment of this Act; and (2) report to the Congress on the results of such audit, comparing such program to other survivors annuities programs within the Federal Government. Title III: Judicial Financial Administration - Amends the Federal judicial code to provide for the award of filing fees in actions brought by the United States, in which the United States prevails (regardless of whether the Government paid the fee upon commencing the action). Revises provisions with respect to the disposition of filing fees. Provides that: (1) of the amounts paid to the clerk of court as a fee or a judgment for costs, $60 shall be deposited into a special fund of the Treasury to offset funds appropriated for the operation and maintenance of U.S. courts; and (2) if the court authorizes a fee or judgment for costs of less than $120, the entire fee, up to $60, shall be deposited into such fund. Title IV: Jury Matters - Permits prospective jurors in Massachusetts to be selected from the resident list provided for under Massachusetts law, rather than from voter lists. Permits reimbursement of grand jurors' actual reasonable costs of air travel to district court pursuant to a summons, under guidelines set by the Judicial Conference, when travel by other means is not feasible and when certified by the chief judge of the district court in which the grand juror serves. Provides permanent authorization for optional use of a one-step summoning and qualification procedure for jury selection. (Current law provides for experimental use of such procedure.) Title V: Miscellaneous - Amends: (1) the Federal judicial code to permit courts of appeals to pretermit any regular session of court at any place for insufficient business or other good cause without the consent of the Judicial Conference, and to transfer the reporting requirement for fees and expenses under the Equal Access to Justice Act from the Director to the Attorney General; (2) the Financial Institutions Regulatory and Interest Rate Control Act of 1978 to eliminate a duplicative reporting requirement; and (3) the Judicial Improvements Act of 1990 to allow the Federal Judicial Center an additional nine months to submit to the Congress and the Judicial Conference the report on its study of intercircuit conflicts and structural alternatives for the Federal Courts of Appeals. Amends the Federal judicial code to authorize the Director to provide for the sale or disposal of recyclable scrap materials held by any entity within the judicial branch, subject to specified requirements. Specifies that a civil action wherein jurisdiction is founded only on diversity of citizenship may be brought only in specified judicial districts, including one in which the defendants are subject to personal jurisdiction at the time the action is commenced (as under current law) if there is no district in which the action may otherwise be brought. Amends the Civil Justice Reform Act of 1990 to require the Director to transmit to the U.S. district courts a summary of each (currently, each) report on the state of each such court's civil and criminal dockets. Provides for the recovery of costs and fees in the U.S. Court of Veterans Appeals under the Equal Access to Justice Act, subject to specified limitations. Title VI: Judiciary Personnel Administration, Benefits, and Protections - Amends the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) to exempt the Judicial Officers' Retirement Fund, the Court of Federal Claims Judges' Retirement Fund, and payments to the Judiciary Trust Funds from reductions under such Act. Authorizes the Federal Judicial Center to: (1) cooperate with and assist Federal agencies and other appropriate organizations in providing information and advice to further improvement in the administration of justice in the courts of foreign countries and to acquire information about judicial administration in foreign countries; and (2) fix compensation of secretarial and clerical personnel without regard to General Schedule pay rates. Title VII: Criminal Administrative Matters - Directs probation and pretrial services officers: (1) when directed by the court and to the degree required by the regimen of care or treatment ordered by the court as a condition of release, to keep informed as to the conduct and provide supervision of persons conditionally released; and (2) to report any violation of such a condition to the court and Attorney General or his designee. Affords Criminal Justice Act attorneys and experts, and community defender organizations, travel and lodging at Government rates. Title VIII: State Justice Institute Reauthorization - Amends the State Justice Institute Act of 1984 to authorize appropriations for the State Justice Institute for FY 1993 through 1996. Authorizes the Institute, upon application by an appropriate State or local (currently, Federal, State, or local) agency or institution and if the arrangement to be made by such agency or institution will provide services which could not be provided adequately through nongovernmental arrangements, to award a grant or enter into a cooperative agreement or contract with a unit of State or local (currently, Federal, State, or local) government other than a court. (Current law also requires the Institute to give priority to specified grants, cooperative agreements, or contracts.) Grants the Institute the authority to enter into contracts with Federal agencies to carry out the purposes of the Act. Title IX: Court of Federal Claims - Court of Federal Claims Technical and Procedural Improvements Act of 1992 - Amends the Federal judicial code to change the name of the U.S. Claims Court to the U.S. Court of Federal Claims (Claims Court). Extends to Claims Court judges the same treatment afforded to other Federal trial judges with respect to earned military retirement pay. Makes technical and conforming amendments regarding the recall of a senior Claims Court judge. Authorizes: (1) Claims Court judges to hire the same number of law clerks as U.S. district court judges; (2) the Claims Court to hold court throughout the United States, including its territories and possessions (currently, court may only be held in the District of Columbia (DC) and in four locations outside DC); (3) the chief judge of the Claims Court to issue an order authorizing a judge of such court to conduct proceedings in a foreign country whose laws do not prohibit such proceedings, with exceptions; and (4) the Federal Circuit to permit an appeal from an order of the chief judge of the Claims Court with respect to such proceedings. Amends the Contract Disputes Act of 1978 to provide that: (1) if the certification of a claim under such Act is technically defective, a court or agency board of contract appeals may permit the certification to be corrected at any time prior to a final decision by the court of agency board of contract appeals unless the failure to properly certify in the first instance was fraudulent, in bad faith, or with reckless or grossly negligent disregard of the requirements of the relevant statutes or regulations; and (2) if the contracting officer did not challenge the validity of the certification and the court or agency board of contract appeals permits the defective certification to be corrected under such provision, interest shall accrue on the claim from the date the claim was first submitted to the contracting officer. Authorizes the award of costs whenever an action is dismissed in the Claims Court for lack of jurisdiction. Makes applicable to the Claims Court provisions pertaining to costs, witness fees, forma pauperis proceedings, and counsel's liability for excessive costs which are currently applicable to other Federal trial courts. Grants the Claims Court specified power to punish contempt of its authority and to have such assistance in carrying out its orders as is available to other Federal courts. Specifies that the U.S. marshal for any district in which the Claims Court is sitting shall, when requested by the chief judge of such court, attend any session of the court in such district. Title X: Additional Provisions - Amends the Victims of Crime Act of 1984 to repeal provisions regarding: (1) the distribution of excess amounts in the Crime Victims Fund; and (2) time limits on deposits into the Fund. Modifies the formula regarding the availability of funds for expenditure and grant program percentages applicable to the Fund. Amends the Federal criminal code to authorize a district court to direct that information not be collected, verified, or reported on individuals charged with Class A misdemeanors. Amends the Federal criminal code to define the term "international terrorism" to include activities that: (1) involve violent acts that are a violation of Federal or State laws, or that would be a criminal violation if committed within the jurisdiction of the United States or of any State; (2) appear to be intended to intimidate or coerce a civilian population, influence the policy of a government by intimidation or coercion, or affect the conduct of a government by assassination or kidnapping; and (3) occur primarily outside U.S. territorial jurisdiction or transcend national boundaries. Authorizes any U.S. national injured in his or her person, property, or business by reason of an act of international terrorism to bring a civil action in U.S. district court and recover treble damages and the cost of the suit, including attorney's fees. Specifies that a final judgment or decree rendered in favor of the United States in certain classes of criminal proceedings (such as those involving the murder of a foreign official, kidnapping, hostage taking, killing of a U.S. national, or an aircraft piracy-related offense) or in favor of any foreign state in a criminal proceeding to the extent that such judgement or decree may be accorded full faith and credit under U.S. law shall estop the defendant from denying the essential allegations of the criminal offense in a subsequent civil proceeding under this title. Sets forth provisions with respect to jurisdiction and venue for, and limitation of, such civil actions. Title XI: Effective Date - Makes the provisions of this Act effective January 1, 1993, with exceptions. Specifies that all sums expended pursuant to this Act shall be subject to the availability of appropriations.
Law· HRH.R. 6181 (102nd)enacted
United States · United States Congress · 6 October 1992
Title I: User Fees - Prescription Drug User Fee Act of 1992 - Amends the Federal Food, Drug, and Cosmetic Act to provide authority for the Secretary of Health and Human Services to assess and collect fees from manufacturers of prescription drugs beginning in FY 1993. Establishes a schedule for prescription drug application and supplement fees, prescription drug establishment fees, and prescription drug product fees. Provides for the annual adjustment of such fees to reflect increases in the Consumer Price Index for urban consumers or increases in Federal pay. Authorizes the Secretary to waive or reduce fees. Prohibits the assessment of fees for a fiscal year after FY 1993 unless appropriations for salaries and expenses of the Food and Drug Administration (FDA) are equal or greater than such appropriations for FY 1992. Credits such fees to the appropriation account for salaries and expenses of the FDA. Authorizes appropriations for FY 1993 through 1997. Provides a mechanism for collecting unpaid fees. Requires the FDA to make annual reports to the Congress on this Act. Requires the Secretary to conduct a study to evaluate whether to impose user fees to supplement appropriated funds to improve the process of reviewing applications for new animal drugs. Requires a report to specified congressional committees on the results of such study. Title II: Dietary Supplements - Dietary Supplement Act of 1992 - Requires the Secretary of Health and Human Services to issue final regulations with respect to dietary supplements of vitamins, minerals, herbs, or other similar nutritional substances under the Nutrition Labeling and Education Act of 1990 by December 15, 1993. Prohibits the implementation of such Act prior to the issuance of such regulations. Prohibits the promulgation of regulations that require the use of, or are based upon, recommended daily allowances of vitamins or minerals before November 8, 1993. Requires the Secretary to report to specified congressional committees on enforcement practices of the FDA with respect to such dietary supplements. Requires the Comptroller General to report to such committees on a study of the management activities of the FDA related to such dietary supplements. Requires the Director of the Office of Technology Assessment, in cooperation with the Congressional Research Service and subject to the approval of the Technology Assessment Board to report to such committees on a study of the health outcomes and regulatory systems affecting the development and sale of such dietary supplements.
Bill· HRH.R. 6198 (102nd)referred
United States · United States Congress · 6 October 1992
National Stalker Reduction Act of 1992 - Amends the Omnibus Crime Control and Safe Streets Act of 1968 to authorize the Director of the Bureau of Justice Assistance to make grants to States which include programs that increase awareness, reporting, and prevention of stalking. Directs each State which receives drug control and system improvement formula grants under the Act in a fiscal year to allocate not less than five percent of such funds for the development of records regarding stalking and other forms of domestic violence, including: (1) the development or expansion of maintaining records regarding the dispositions of all complaints and arrests for stalking and other forms of domestic violence; (2) the full automation of such records; and (3) the frequency and quality of reports sent to the Bureau of Justice Statistics. Authorizes the Director to waive compliance with such allocation requirement by a State, or to authorize a State to reduce the minimum amount such State is required to allocate, if the Director finds that the quality of the States' records regarding stalking and domestic violence complaints and arrests does not warrant expending the amount allocated. Requires the Bureau of Justice Statistics to: (1) define terms that relate to stalking and make such definitions available to individuals and groups that request such information; and (2) compile a national database regarding stalking and other forms of domestic violence.
Law· HRH.R. 6180 (102nd)enacted
United States · United States Congress · 6 October 1992
Telecommunications Authorization Act of 1992 - Title I: National Telecommunications and Information Administration - Part A: Organization and Functions - National Telecommunications and Information Administration Organization Act - Provides statutory authorization for the establishment within the Department of Commerce (DOC) of the National Telecommunications and Information Administration (NTIA). Directs the Secretary of Commerce to: (1) assign to the Assistant Secretary for Communications and Information (of DOC) and NTIA responsibility for the performance of the Secretary's communications and information functions; and (2) submit annual reports to the President pursuant to the Communications Satellite Act of 1962. Requires the Secretary and the NTIA to amend the Department of Commerce spectrum management document entitled "Manual of Regulations and Procedures for Federal Radio Frequency Management" to improve Federal spectrum management activities and publish any changes in regulations in the Federal Register. Sets forth requirements for such amendments, including requirements that provide for availability of information to the public. Requires the Secretary to certify compliance with such requirement to the Congress. Directs the Secretary, in assigning frequencies for mobile and other radio services, to promote efficient and cost-effective use of the spectrum. Authorizes the Secretary to withhold or refuse to assign frequencies for such services to further the goals of efficiency and cost-effectiveness. Requires the Secretary to implement and report to the Senate Committee on Commerce, Science, and Transportation and the House Committee on Energy and Commerce on a plan requiring Federal agencies with mobile radio systems to use more spectrum-efficient technologies. Authorizes the Secretary to reassign to another DOC unit a function required to be assigned to NTIA by this Act, subject to specified limitations. Part B: Special and Temporary Provisions - Authorizes appropriations for NTIA administration for FY 1992 and 1993. Amends the Communications Act of 1934 to extend the authorization of appropriations for the National Endowment for Children's Educational Television through FY 1994. Extends the authorization of appropriations for acquisition of satellite space segment capacity and equipment to provide communications services for the Pan-Pacific Educational and Cultural Experiments by Satellite Program (PEACESAT) program. Directs the Secretary to establish an advisory panel to develop recommendations for the improvement of rural health care through the collection of information needed by providers and the improvement in the use of communications to disseminate such information. Authorizes appropriations. Requires the NTIA to report to the House Committee on Energy and Commerce and the Senate Committee on Commerce, Science, and Transportation on the role of telecommunications in hate crimes and violent acts against ethnic, religious, and racial minorities. Title II: Federal Communications Commission - Amends the Communications Act of 1934 to extend the authorization of appropriations for travel reimbursements by the Federal Communications Commission (FCC) through FY 1994. Amends the Federal Communications Commission Authorization Act of 1988 to extend an authorization to expend funds for a monitoring station in Hawaii through FY 1994. Amends the Communications Act of 1934 to repeal provisions that require the operation of all broadcasting station transmitting apparatus by a person holding an operator's license (thus allowing the FCC to permit broadcasters to substitute automated technology for human operators). Extends the time period for permitting licensee forfeitures in certain situations. Authorizes the FCC, for purposes of providing radio club and military-recreational call signs, to utilize the voluntary and uncompensated services of tax-exempt amateur radio organizations. Adds charges for low-earth orbit satellite systems to the Schedule of Charges. Reduces Schedule fees for inspection of vessels under the Great Lakes Agreement. Makes nonlicensee radio tower owners who have violated tower maintenance requirements subject to forfeiture liability if they have received previous notice of such obligations. Bars FCC approval of the assignment or transfer of control of a television broadcast license without a prior hearing if the license holder is a corporation owned or organized pursuant to the Alaska Native Claims Settlement Act and the transfer was approved on November 14, 1985. Provides for waivers of such requirement at the request of a corporation. Amends the Federal Communications Commission Authorization Act of 1988 to extend through FY 1993 the FCC's authorization to make grants to and agreements with nonprofit organizations to utilize older Americans in FCC programs. Removes a condition on the Older Americans Program that requires a certification that a grant or agreement will not result in filling a position without public announcement of availability and in accordance with regular employment procedures. Directs the FCC to make efforts to reduce telephone rates for armed forces personnel in specified foreign countries. Requires the FCC to initiate a rulemaking and adopt a standard for AM radio stereophonic transmitting equipment that specifies the composition of the transmitted signal.
Bill· HRH.R. 6200 (102nd)referred
United States · United States Congress · 6 October 1992
Title I: Child Protection - National Child Protection Act of 1991 - Establishes a national criminal background check system to which a designated criminal justice agency in each State is required to report or index child abuse crime information, for purposes of background checks of child care providers. Directs the Attorney General to establish: (1) guidelines for the reporting or indexing of such information; and (2) timetables for each State to provide such information to such system (with a three-year deadline for all States to be reporting at a specified level of currency). Requires State agencies to maintain close liason for the exchange of technical assistance in cases of child abuse with the National Centers: (1) on Child Abuse and Neglect; (2) for Missing and Exploited Children; and (3) for the Prosecution of Child Abuse. Directs the Attorney General to publish annually: (1) a statistical summary of the child abuse crime information reported under this Act; and (2) a summary of each State's progress in reporting child abuse crime information to the national criminal background check system. Requires the Administrator of the Office of Juvenile Justice and Delinquency Prevention to conduct a study to determine various factors relating to potential child abuse crimes and offenders, based on a statistically significant sample of convicted child abuse offenders and other relevant information. Requires a report on such study to be submitted to specified congressional committee officials. Provides for background check procedures. Allows entities that provide child care or child care placement services (including business or organizations that license or certify others to provide such services) to request State agencies to review State and Federal records through the national system to determine if a child care provider is under indictment for, or has been convicted of, a background check crime. (Defines "provider" as one who is now or seeks to be: (1) employed by, or a volunteer with, a qualified entity; (2) an owner or operator of a qualified entity; or (3) having unsupervised access to any child to whom the qualified entity provides child care.) Directs the Attorney General to establish guidelines for such State background check procedures, permitting equivalent procedures under specified conditions. Authorizes the Attorney General to prescribe by regulation any other measures necessary to carry out this Act. Directs the Attorney General to encourage use of the best technology available in conducting background checks. Amends the Omnibus Crime Control and Safe Streets Act of 1968 to provide for use of certain formula grants to improve State record systems and the sharing of records of child abuse crime information to implement this Act. Directs the Attorney General to make additional grants to States to improve specified aspects of the child abuse crime information system, subject to appropriations and with preference to States having the lowest percent currency of case dispositions in computerized criminal history files. Authorizes appropriations for such additional grants. Authorizes the Attorney General, beginning one year after enactment of this Act, for a fiscal year to reduce by up to 25 percent the amount allocated that exceeds the allocation to a State for fiscal year 1993 under title I of the Omnibus Crime Control and Safe Streets Act of 1968 if the State is not in compliance with the child abuse crime information timetable established for it under this Act.
Bill· HRH.R. 6207 (102nd)referred
United States · United States Congress · 6 October 1992
Amends the Higher Education Act of 1965 (HEA) to establish limitations on debt collection practices under HEA. Prohibits garnishment or other actions to collect on defaulted student loans unless the net income of the borrower and spouse (including any cash benefits received under a needs-based government assistance program) exceeds 150 percent of the poverty level for the relevant family size. Sets other procedural requirements for garnishments and for tax refund intercepts to collect such debts. Requires eligible lenders or loan servicing agents to provide student borrowers with information about their rights to forbearance or deferment. Provides for cure of delinquency and cessation of collection activity if a borrower eligible for forbearance or deferment was not adequately informed of his or her right to apply or was not given assistance in completing the application. Provides for removal from default status if the borrower is granted a forbearance or deferment. Directs the Secretary of Education (the Secretary) to discharge the student borrower's liability and repay the loan in cases of where the institution has engaged in fraud, misrepresentation, or any violation of State or Federal law in connection with soliciting, offering, contracting for, or providing instruction. Subjects lenders, guaranty agencies, and any other persons involved in collecting a student loan under title IV of HEA to the same due process requirements that would apply to the Secretary if the Secretary were collecting the loan.
Bill· HRH.R. 6196 (102nd)referred
United States · United States Congress · 6 October 1992
Tax Fairness Restoration and Economic Growth Act - Title I: Tax Reductions - Subtitle A: Capital Gains Provisions - Amends the Internal Revenue Code to exclude capital gain from gross income and exempt capital gain from tax. Makes such exemption applicable to computing the alternative minimum tax. Subtitle B: Restoration of Income Averaging - Sets forth provisions to restore income averaging. Subtitle C: Elimination of Double Tax on Dividends - Allows a shareholder credit (for taxpayers other than corporations) for dividends from domestic corporations. Provides for determining such credit based on the corporation's post-1992 Federal income taxes and post-1992 undistributed earnings. Includes such credit in the determination of gross income. Allows corporations a 100 percent deduction for amounts received as dividends from domestic corporations. Revises computations on dividends received by corporations on the preferred stock of a public utility. Subtitle D: Permanent Extension of Research Credit - Makes permanent law the credit for increasing research activities. Subtitle E: Reduction of Individual Tax Rate - Reduces individual income tax rates by eliminating the highest tax bracket. Subtitle F: Retirement Savings Incentives - Part I Restoration of IRA Deduction - Amends the Internal Revenue Code to remove the limitations on deductions for individual retirement plans and provides a cost-of-living adjustment for deductible amounts. Part II: Nondeductible Tax-Free IRAs - Establishes special individual retirement accounts that are nondeductible. Makes such accounts nontaxable if earnings on contributions are held for at least five years. Applies the early withdrawal penalty to distributions made before the end of the five year-period. Part III: Penalty-Free Distributions - Provides exemptions from the ten-percent penalty on early withdrawals from individual retirement plans for: (1) first home purchases; (2) higher education expenses; and (3) financially devastating medical expenses. Subtitle G: Repeal of Excise Penalty Taxes on Autos - Repeals the excise tax on luxury items (passenger vehicles, boats, aircraft, jewelry, and furs). Subtitle H: Repeal of Limitation On Itemized Deductions - Repeals the overall limitation on itemized deductions. Subtitle I: Repeal of Passive Loss Limitations - Repeals passive loss limitations. Subtitle J: Restoration of 10-Percent Investment Credit - Restores the ten percent investment tax credit for property placed in service after enactment of this Act. Subtitle K: Restoration of Accelerated Cost Recovery System - Restores the accelerated cost recovery system as in effect on the day after the enactment of the Economic Recovery Tax Act of 1981. Subtitle L: Credit for First-Time Homebuyer - Allows a credit for a first-time homebuyer of ten percent of the price of the principal residence. Limits such credit to $2,500. Requires the residence to be acquired on or after February 1, 1992, and before January 1, 1993. Title II: Taxpayer Bill of Rights - Subtitle A: Additional Safeguards to Protect Taxpayers' Rights - Part I: Taxpayers' Advocate - Amends the Internal Revenue Code to establish in the Internal Revenue Service (IRS) the Office of Taxpayers' Advocate, headed by the Taxpayers' 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 Taxpayers' 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 Taxpayers' Advocate. Authorizes the terms of a Taxpayer Assistance Order to require the Secretary of the Treasury to take certain actions (currently, only to cease or refrain from taking such actions). Part II: Modifications to Installment Agreement Provisions - 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. Part III: Interest - Extends from ten days 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. Provides for the abatement of interest in the case of an assessment due to the error or delay of an IRS managerial act. 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). Waives interest on all overpayments refunded within 45 days after a return is filed. Part 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 limitations on filing a joint return after filing separate returns. Part V: Collection Activities - Authorizes the Secretary, if it is determined to be in the best interest of the taxpayer and the United States, 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. Part VI: Erroneous and Fraudulent 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 take reasonable steps 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. Part VII: Modifications to Penalty for Failure to Collect and Pay Over Tax - 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. Requires the Secretary to disclose certain information where more than one person is liable for a penalty. Part 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. Provides for the awarding of reasonable litigation or administrative costs to a prevailing party who represents himself in an administrative or court proceeding. Makes IRS employees personally liable in certain cases. 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. Part IX: Other Provisions - Revises provisions on the required content of tax due, deficiency, and other notices. Provides for the treatment of returns prepared for or executed by the Secretary for purposes of certain tax penalties. Provides protection for taxpayers who rely on certain guidance published by the IRS. Subtitle B: Form Modifications - Directs the Secretary to: (1) ensure that taxpayers are aware of permission to pay tax in installments, extensions of time for payment of tax, and compromises of tax liability; (2) improve procedures for taxpayers to notify the Secretary of changes in names and addresses; (3) include in a specified publication a section on the rights and responsibilities of divorced individuals; (4) ensure that employees are aware of their responsibilities under the Federal tax system and that the public is aware of penalties for failure to collect and pay over tax; and (5) notify taxpayers of any payments that cannot be associated with any outstanding tax liability. Subtitle C: Additional Improvements - Requires the Secretary to report to the tax-writing committees on: (1) a pilot program for appeals of certain enforcement actions (including lien, levy, and seizure actions); (2) a study on ways to assist the elderly, physically impaired, foreign-language speaking, and other taxpayers with special needs to comply with IRS laws; (3) the scope and content of the IRS taxpayer-rights education program for its officers and employees; and (4) cases involving complaints about misconduct of IRS employees and the disposition of such complaints. Requires the Comptroller General to report to the tax-writing committees on: (1) a study of notices of deficiency; (2) the accuracy and clarity of 25 of the most commonly used IRS forms, notices, and publications; and (3) a study of IRS employee-suggestion programs.
Bill· HRH.R. 6195 (102nd)referred
United States · United States Congress · 6 October 1992
Income Averaging Restoration Act of 1992 - Repeals provisions of the Tax Reform Act of 1986 to restore Internal Revenue Code provisions relating to income averaging.
Resolution· HRESH.Res. 609 (102nd)passed
United States · United States Congress · 6 October 1992
Waives points of order against the consideration of the conference report on H.R. 11 (tax legislation).
Bill· SS. 3346 (102nd)referred
United States · United States Congress · 5 October 1992
Persian Gulf War Veterans' Health Status Act - Directs the Secretary of Veterans Affairs to establish and maintain a special record to be known as the Persian Gulf War Veterans Health Registry containing health status information with respect to individuals who served as members of the armed forces in the Persian Gulf theater of operations during the Persian Gulf War. Requires claims for compensation due to ill health to be included within such Registry. Requires the Registry's information to be collected and maintained so as to enable easy cross-reference with a Registry for the Department of Defense established under this Act. Directs the Secretary to notify individuals in the Registry from time to time on significant developments in research on the health consequences of such military service during such War. Directs the Secretary to provide a health examination, consultation, and counseling to any veterans eligible for listing or inclusion in the Registry. Authorizes the Secretary to provide such examination, consultation, and counseling to any veteran eligible for listing or inclusion in any other similar health-related registry administered by the Secretary. Amends the National Defense Authorization Act for Fiscal Years 1992 and 1993 to direct the Secretary of Defense to establish a special record for members of the armed forces who served in Operation Desert Storm during the Persian Gulf War or who were exposed to the fumes of burning oil there. Requires such Secretary to establish such record with the advice of an independent scientific organization. Requires the Director of the Office of Technology Assessment to undertake a study making certain assessments with respect to the Registry and its utility and effectiveness in serving the needs of members serving in the Persian Gulf War. Directs each Secretary to provide the Director with access to required information in carying out such study. Requires reports to the Congress by the Director. Directs each Secretary to jointly seek to enter into an agreement with the Medical Follow-Up Agency (MFUA) of the National Academy of Sciences to review existing medical, scientific, and other information on the health consequences of military service in the Persian Gulf theater during such War. Permits MFUA, in conducting the review, to examine and evaluate the medical records of individuals included in the Registry and special record in order to identify illnesses. Requires such agreement to be entered into within 180 days after enactment of this Act. Requires the Academy to report to each Secretary and specified congressional committees on the results of the review carried out under the joint agreement. Requires each Secretary to provide amounts from their respective Department's FY 1993 funding to carry out the review. Provides that, if an agreement is reached with the Academy, each Secretary shall provide the Academy with funds in each of FY 1994 through 2003 for conducting epidemiological research with respect to military and veteran populations. Directs the President to designate (with authorized redesignation from time to time) the head of an appropriate Federal department or agency to coordinate all research activities undertaken by the executive branch on the health consequences of military service in the Persian Gulf theater of operations during such War. Requires the department or agency head so chosen to report annually to the Senate and House Veterans' Affairs Committees on the status and results of all such research activities during the previous year.
Bill· SS. 3325 (102nd)referred
United States · United States Congress · 5 October 1992
Title I: Patent and Trademark Office Authorization - Patent and Trademark Office Authorization Act of 1992 - Authorizes appropriations to the U.S. Patent and Trademark Office for FY 1993. Prohibits the Commissioner of Patents and Trademarks, during such period, from entering into any agreement for the exchange of items or services related to automatic data processing resources (including hardware, software, related services, and machine readable data). Exempts agreements entered into with a foreign government or an international intergovernmental organization relating to data for automation programs. Amends the Patent and Trademark Office Authorization Act of 1991 to extend a patent information dissemination program through October 1, 1993. Directs the Commissioner to submit a report to the Senate and House Judiciary Committees that: (1) compares fees for use of the international and national stages of the Patent Cooperation Treaty currently required by the Patent and Trademark Office, the European Patent Office, and the Japanese Patent Office; (2) estimates the average cost to the Patent and Trademark Office of providing such service and the corresponding service for national cases; and (3) describes the method by which the Office calculates fee levels for such services. Authorizes the Commissioner to accept the payment of any patent maintenance fee which is made within 24 months after the six-month grace period (currently, after the six-month grace period) if the delay was unintentional, or at any time. Permits the Commissioner to enter into agreements with the Technology Administration of the Department of Commerce to establish a program to evaluate patents in high technology fields for purposes of identifying industry trends, technological needs, and commercial applications. Authorizes appropriations. Title II: Patent and Plant Variety Protection Remedy Clarification - Patent and Plant Variety Protection Remedy Clarification Act - Amends Federal patent law and the Plant Variety Protection Act to provide that neither the States, their officers, nor their instrumentalities are immune from patent or plant variety protection infringement liability. Provides the same remedies against State entities as are available against any private entity. Title III: Trademark Remedy Clarification - Trademark Remedy Clarification Act - Amends the Trademark Act of 1946 to provide that neither the States, their officers, nor their instrumentalities are immune from trademark infringement liability. Provides the same remedies for trademark infringement against State entities as are available against any private entity.
Bill· SS. 3349 (102nd)open
United States · United States Congress · 5 October 1992
Title I: Child Protection - National Child Protection Act of 1992 - Establishes a national criminal background check system (system) to which a designated agency in each State is required to report child abuse crime information, or index such information in the system, for purposes of background checks of child care providers. Directs the Attorney General to establish: (1) guidelines for the reporting of such information; and (2) timetables for each State to report such information to the system (with a three-year deadline for all States to be reporting at a specified level of currency). Requires State agencies to maintain close liaison for the exchange of technical assistance in cases of child abuse with the National Center: (1) on Child Abuse and Neglect; (2) for Missing and Exploited Children; and (3) for the Prosecution of Child Abuse. Directs the Attorney General to publish annually: (1) a statistical summary of the child abuse crime information reported under this title; and (2) a summary of each State's progress in reporting child abuse crime information to the system. Requires the Administrator of the Office of Juvenile Justice and Delinquency Prevention to conduct a study to determine various factors relating to potential child abuse crimes and offenders, based on a statistically significant sample of convicted child abuse offenders and other relevant information. Requires a report on such study to be submitted to specified congressional committee officials. Authorizes a State to have in effect procedures to permit a qualified entity (i.e., a business or organization that provides child care or child care placement services, or that certifies others to provide such care or services) to contact a State agency to request a nationwide background check to determine if a child care provider is under indictment for, or has been convicted of, a background check crime. Directs the Attorney General to establish: (1) guidelines for State background check procedures, but permits the Attorney General to certify that a State procedure is equivalent to that under this title under specified circumstances; and (2) criteria for such certifications. Authorizes the Attorney General to: (1) prescribe such other measures as may be required to carry out the purposes of this title; and (2) encourage the use of the best technology available in conducting background checks. Amends the Omnibus Crime Control and Safe Streets Act of 1968 (Omnibus Act) to provide for the use of drug control and system improvement grants for the improvement of State record systems and the sharing of records of child abuse crime information to implement this title. Directs the Attorney General, subject to appropriations and with preference to States that have the lowest percent currency of case dispositions in computerized criminal history files, to make additional grants to each State to be used, for purposes of this title: (1) for the computerization of criminal history files; (2) for the improvement of existing computerized criminal history files; (3) to improve accessibility to the system; and (4) to assist the State in the transmittal of criminal records to, or the indexing of criminal history records in, the system. Authorizes: (1) appropriations; and (2) the withholding of a portion of the allocation for a fiscal year under the Omnibus Act to a State that is not in compliance with the timetable established under this title. Title II: Notification of Release of Prisoners - Requires the Bureau of Prisons, at least five days prior to the release of a prisoner convicted of a drug trafficking crime or crime of violence on supervised release (or, in the case of a prisoner on supervised release, at least five days prior to the date on which the prisoner changes residence to a new jurisdiction), to provide written notice of the release (or change of residence) to the chief law enforcement officer of the State and of the local jurisdiction in which the prisoner will reside, with exceptions. Specifies that, in the case of a prisoner convicted of an offense committed prior to November 1, 1987, the reference to supervised release in such provision shall be deemed to be a reference to probation or parole. Title III: Bail Posting Reporting - Illegal Drug Profits Act of 1991 - Requires each clerk of a Federal or State criminal court to: (1) report to the Internal Revenue Service the name and taxpayer identification number of any individual charged with a criminal offense who posts cash bail, or on whose behalf cash bail is posted, in an amount exceeding $10,000, and any individual or entity posting such cash bail for or on behalf of such individual; and (2) submit a copy of each report of cash bail to the offices of the U.S. Attorney and of the local prosecuting attorney for the jurisdiction in which the defendant resides (and the jurisdiction in which the criminal offense occurred, if different). Directs the Secretary of the Treasury to promulgate such regulations as are necessary within 90 days of the enactment of this Act. Title IV: Insurance Fraud - Amends the Federal criminal code to establish penalties for persons engaged in the business of insurance whose activities affect commerce, who: (1) knowingly make a materially false statement or report or willfully overvalue land, property, or security in connection with reports or documents presented to an insurance regulatory official or agency, or to any agent or examiner (official) appointed to examine the affairs of such person for the purpose of influencing in any way the actions of such official; (2) willfully embezzle or misappropriate funds or property while acting as an officer, director, agent, or employee (officer) of such person; (3) knowingly make a false entry of material fact in any book, report, or statement of such person with intent to deceive any person, or to deceive any officer of such person or any insurance regulatory official, about the financial condition or solvency of such business; and (4) by threats or force, corruptly influences, obstructs, or endeavors corruptly to influence or obstruct the proper administration of the law under which a proceeding (involving the business of insurance whose activities affect interstate commerce) is pending before an insurance regulatory official to examine the affairs of such person. Authorizes the Attorney General to seek civil penalties and injunctions for violations of this title. Sets penalties for obstructing criminal investigations with respect to the prosecution of cases of insurance fraud. Title V: Art Theft - Establishes penalties for the theft of major art works from museums. Title VI: Trafficking in Counterfeit Goods - Increases penalties for trafficking in counterfeit goods and services. Title VII: Crime Victims - Victims' Rights and Restitution Act of 1992 - Amends the Victims of Crime Act of 1984, as amended, to eliminate the cap on the crime victims fund. Title VIII: Sentencing Provisions - Amends the Federal criminal code to allow the court, in determining the sentence to be imposed in the case of a violation of probation or supervised release, to consider guidelines or policy statements issued by the Sentencing Commission. Authorizes the court to resentence a defendant who violates a condition of probation at any time prior to the expiration or termination of the term of probation. Directs the court to revoke: (1) probation or supervised release and require the defendant to serve a term of imprisonment (with respect to supervised release, up to the maximum authorized) if the court finds the defendant to be in unlawful possession of a controlled substance or firearm or otherwise in violation of a condition of probation or supervised release, or if the defendant refuses to cooperate in drug testing (thereby violating such a condition); and (2) a term of supervised release and require the defendant to serve in prison all or part of the term of release authorized by statute for the offense that resulted in such term, without credit for time previously served on post-release supervision, if the court finds by a preponderance of the evidence that the defendant violated a condition of supervised release, subject to specified limitations. Authorizes the court to include a requirement that the defendant be placed on supervised release after imprisonment when a term of supervised release is revoked and the defendant is required to serve a term of imprisonment less than the maximum authorized. Specifies that the length of such a term of release shall not exceed that authorized by statute for the offense of which the defendant was convicted, minus any term of imprisonment that was imposed upon revocation of supervised release. Specifies that the power of the court to revoke a term of supervised release for violation of a condition of such release, and to order the defendant to serve a term of imprisonment and, subject to certain limitations, a further term of supervised release, extends beyond the expiration of the term of release for a period reasonably necessary for the adjudication of matters arising before its expiration if, prior to such expiration, a warrant or summons has been issued on the basis of an allegation of such a violation. Title IX: Sentencing and Magistrates Amendments - Amends the Federal criminal code to: (1) authorize probation for a petty offense if the defendant has been sentenced to a term of imprisonment at the same time for another such offense; (2) make an exception for petty offenses to the rule (under current law) that a person charged with a misdemeanor may elect to be tried before a judge of the district court for the district in which the offense was committed; (3) authorize the magistrate judge, in a petty offense case involving a juvenile, to exercise all powers granted to the district court; and (4) authorize a magistrate judge who has sentenced a person to a term of supervised release to revoke or modify the term or conditions of such release. Title X: Attorneys' Fees Reimbursement Act - Amends the Federal judicial code to provide for the reimbursement of attorney's fees for current and former employees of the Department of Justice or the Federal public defender who were the subject of a criminal or disciplinary investigation related to such employee's discharge of official duties, where the investigation resulted in neither disciplinary action nor a criminal indictment against such employee. Requires the official making the award of reimbursement to make an inquiry into the reasonableness of sum requested, based on specified guidelines. Title XI: Precursor Chemicals Act - Chemical Control Amendments Act of 1992 - Amends the Comprehensive Drug Abuse Prevention and Control Act of 1970 (Comprehensive Act) to: (1) replace references to "listed precursor chemicals" with "list I chemicals" and "listed essential chemicals" with "list II chemicals"; and (2) revise the definition of "regulated person" to include individuals who act as brokers or traders for international transactions involving a listed chemical, tabulating machine, or encapsulating machine. Redefines "regulated transaction" to: (1) include international transactions which do not involve the importation or exportation of a listed chemical into or out of the United States if a broker or trader located in the United States participates in the transaction; (2) include, in the case of a listed chemical that is contained in a drug that may be marketed or distributed lawfully in the United States under the Federal Food, Drug, and Cosmetic Act, transactions involving ephedrine or any other listed chemical which the Attorney General may designate as not subject to exemption after finding that such action would prevent diversion and the total quantity of such chemical included in the transaction equals or exceeds the threshold established for that chemical by the Attorney General; and (3) exclude any transaction in a chemical mixture (current law) which the Attorney General has designated as exempt based on a finding that the mixture is formulated in such a way that it cannot be easily used in the illicit production of a controlled substance and that the listed chemical or chemicals contained in the mixture cannot be readily recovered. Directs the Attorney General to: (1) remove from exemption a drug or group of drugs (drug) that the Attorney General finds is being diverted to obtain a listed chemical for use in the illicit production of a controlled substance, based on: the scope, duration, and significance of the diversion; whether the drug is formulated in such a way that it cannot be easily used in such illicit production; and whether the listed chemical can be readily recovered from the drug; removed from exemption to the most particularly identifiable type of drug for which evidence of diversion exists unless there is evidence, be limited to that particular drug. Sets forth procedures, and factors to be considered, with respect to reinstatement of the exemption for particular drug products. Requires every person who manufactures or distributes, or who proposes to engage in the manufacture or distribution of, a list I chemical to obtain annually a registration issued by the Attorney General, with exceptions. Authorizes and directs the Attorney General to register an applicant to distribute a list I chemical unless he determines that the issuance of such registration is inconsistent with the public interest, taking into consideration the following factors: (1) maintenance by the applicant of effective controls against diversion of listed chemicals into other than legitimate channels; (2) compliance by the applicant with applicable Federal, State, and local law; (3) any prior conviction record of the applicant under Federal or State laws relating to controlled substances or chemicals; (4) any past experience in the manufacture and distribution of chemicals; and (5) such other factors as may be relevant to and consistent with the public health and safety. Makes provisions with respect to: (1) the denial, revocation, and suspension of registration relating to the manufacture, distribution, or dispensation of controlled substances explicitly applicable to list I chemicals; (2) person required to register applicable to importers and exporters of such chemicals. Directs the Attorney General to register an applicant to import or export a list I chemical unless he determines that the issuance of such registration is inconsistent with the public interest specifies that that such registration shall not be required for the import or export of certain exempted drug products. Makes it unlawful for a regulated person to distribute, import, or export a list I chemical without the registration required under the Comprehensive Act. Requires each regulated person who manufactures a listed chemical to report annually to the Attorney General information concerning listed chemicals manufactured by such regulated person with exceptions. Makes a person located in the United States who is a broker or trader for an international transaction in a listed chemical which is a regulated transaction solely because of that person's involvement as a broker or trader with respect to that transaction subject to all of the notification, reporting, record-keeping, and other requirements placed upon exporters of listed chemicals by the Comprehensive Act. Authorizes the Attorney General to: (1) require that the 15-day notification requirement with respect to the importation and exportation of listed chemicals apply to all exports of a specific listed chemical to a specified country, regardless of the status of certain customers in such country as "regular customers," if the Attorney General finds that such notification is necessary to support effective chemical diversion control programs or is required by treaty or other international agreement to which the United States is a party; and (2) waive the 15-day notification requirement for exports of a specific listed chemical to specified country, and for the importation of a specific listed chemical, if such notification is not required for effective chemical diversion control, subject to specified requirements. Establishes penalties for: (1) exporting, or serving as a broker or trader for an international transaction involving, a listed chemical, knowing or having reasonable cause to believe that the chemical will be used to manufacture a controlled substance in violation of the laws of the country to which the chemical is exported; (2) importing or exporting a listed chemical with intent to evade reporting or record-keeping requirements under the Comprehensive Act by falsely representing to the Attorney General that the importation or exportation qualifies for a waiver of the notification requirement by misrepresenting either the actual country of final destination of the listed chemical or the actual listed chemical being imported or exported; and (3) importing or exporting a listed chemical in violation of provisions regarding persons required to register and regarding brokers and traders for international transactions in listed chemicals that are regulated transactions solely because of such persons' involvement as brokers or traders. Amends list I to add benzaldehyde and nitroethane, and delete D-lysergic acid, N-ethylephedrine, and N-ethylpseudoephedrine. Eliminates "regular supplier" status and creates "regular importer" status. Modifies the definition of "controlled premises" to include places where listed chemicals or records relating to the manufacture, distribution, or disposition of listed chemicals are maintained. Permits officers or employees designated by the Attorney General to inspect, and inventory any stock of, listed chemicals, subject to specified requirements. Makes it a felony for a person who possesses a listed chemical with intent that it be used in the illegal manufacture of a controlled substance to manage the listed chemical or waste from such manufacture other than as required under the Solid Waste Disposal Act. Specifies that, in addition to any penalty that may be imposed for the illegal manufacture, possession, or distribution of a listed chemical or toxic residue of a clandestine laboratory, a person who violates such prohibition shall be assessed costs of the initial cleanup and disposal of the listed chemical and contaminated property and the cost of restoring property damaged by exposure to such chemical. Expands forfeiture provisions to include: (1) moneys and proceeds traceable to exchanges for listed chemicals; and (2) listed chemicals and drug manufacturing equipment imported, exported, manufactured possessed, distributed, or intended to be distributed, imported, or exported, in violation of specified provisions (currently, felony provisions) of the Comprehensive Act. Title XII: Restitution Improvement Act - Amends the Federal criminal code to authorize the court when sentencing a defendant convicted of an offense under the code or under specified provisions of the Federal Aviation Act of 1958, to require such defendant to reimburse the victim for necessary child care, transportation, and other expenses related to participation in the investigation or prosecution of, or attendance at proceedings related to, the offense. Title XIII: Parental Kidnapping - International Parental Kidnapping Crime Act of 1992 - Amends the Federal criminal code to establish penalties for removing a child from, or retaining a child outside, the United States with intent to obstruct the lawful exercise of parental rights. Makes it an affirmative defense that the defendant: (1) acted within the provisions of a valid court order granting the defendant legal custody or visitation rights, and that such order was obtained pursuant to the Uniform Child Custody Jurisdiction Act and was in effect at the time of the offense; (2) was fleeing an incidence or pattern of domestic violence; and (3) had physical custody pursuant to a court order granting legal custody or visitation rights and failed to return the child as a result of circumstances beyond the defendant's control, and the defendant notified or made reasonable attempts to notify the other parent or lawful custodian of the child of such circumstances within 24 hours after the visitation period had expired and returned the child as soon as possible. Expresses the sense of the Congress that, inasmuch as use of the procedures under the Hague Convention of the Civil Aspects of International Parental Child Abduction has resulted in the return of many children, those procedures (where applicable) should be the option of first choice for a parent who seeks the return of a child who has been removed from the parent. Authorizes appropriations to carry out (under the State Justice Institute Act of 1984) national, regional, and in-State training and educational programs dealing with criminal and civil aspects of interstate and international parental child abduction. Title XIV: Mail Fraud Extension - Extends mail fraud provisions under the Federal criminal code to cover private or commercial interstate carriers. (Current provisions apply only to frauds perpetrated with respect to matter to be sent or delivered through the U.S. Postal Service.) Title XV: Forfeiture Audit Requirement - Amends the Federal judicial code to direct the Attorney General to: (1) require that any State or local law enforcement agency receiving Federal asset forfeiture funds conduct an annual audit detailing the uses and expenses to which the funds were dedicated and the amount used for each use or expense, and report the results to the Attorney General; and (2) include within the Attorney General's report to the Congress all such annual audit reports from State and local law enforcement agencies and a report for such fiscal year describing the administrative and contracting expenses paid from the Department of Justice Assets Forfeiture Fund. Title XVI: Receipt of Stolen Property Amendments - Amends the Federal criminal code to provide that, whenever in the code an element of an offense is that property was embezzled, robbed, stolen, converted, taken, altered, counterfeited, falsely made, forged, or obliterated (stolen) and the defendant knew that the property was of such character, such element may be established by proof that the defendant, after or as a result of an official representation as to the nature of the property, believed the property to be stolen. Title XVII: Telemarketing Fraud - Consumer Protection Against Credit Card Fraud Act of 1992 - Amends the Federal criminal code to establish penalties for knowingly and with intent to defraud: (1) effecting transactions with one or more access devices (ADs) issued to another person to receive payment or any other thing of value during any one-year period the aggregate value of which is equal to or greater than $1,000; (2) without the authorization of the issuer of the AD, soliciting a person for the purpose of offering, or selling information regarding or an application to obtain, an AD; or (3) without the authorization of the credit card system member or its agent, causing or arranging for another person to present to the member or its agent for payment evidence or records of transactions made by an AD. Title XVIII: DNA Testing - DNA Identification Act of 1992 - Amends the Omnibus Act to authorize the use of drug control and system improvement grants to develop or improve in a forensic laboratory a capability to analyze deoxyribonucleic acid (DNA) for identification purposes. Requires State applications for grant funds to certify, if any part of such grant is to be used to develop or improve a DNA analysis capability in a forensic laboratory, that: (1) DNA analyses performed at such laboratory will satisfy or exceed then current standards for a quality assurance program for DNA analysis, issued by the Director of the Federal Bureau of Investigation (FBI); (2) DNA samples obtained by, and DNA analyses performed at, such laboratory will be accessible only to criminal justice agencies for law enforcement identification purposes, to any defendant for criminal defense purposes, and if identifiable information is removed, for a population statistics database, for identification research and protocol development purposes, or for quality control purposes; and (3) such laboratory and each analyst performing DNA analyses at such laboratory will undergo, at regular intervals of not to exceed 180 days, external proficiency testing by a DNA proficiency testing program meeting the standards issued under this Act. Authorizes appropriations. Requires the Director: (1) within 180 days, to appoint an advisory board on DNA quality assurance methods; and (2) appoint members of the board from among nominations proposed by the head of the National Academy of Sciences and professional societies of crime laboratory officials. Specifies that the advisory board shall: (1) include as members scientists from State and local forensic laboratories, molecular geneticists and population geneticists not affiliated with a forensic laboratory, and a representative from the National Institute of Standards and Technology; and (2) develop, and if appropriate, periodically revise recommended standards for quality assurance, including standards for testing the proficiency of forensic laboratories and forensic analysts in conducting analyses of DNA. Requires: (1) the Director, after taking into consideration such recommended standards, to issue (and periodically revise) standards for quality assurance, including standards for testing the proficiency of forensic laboratories and forensic analysts in conducting DNA analyses; and (2) that such standards specify criteria for quality assurance and proficiency tests to be applied to the various types of DNA analyses used by forensic laboratories and include a system for grading proficiency testing performance to determine whether a laboratory is performing acceptably. Specifies that: (1) until such time as the advisory board has made recommendations to the Director and such Director has acted upon those recommendations, the quality assurance guidelines adopted by the technical working group on DNA analysis methods shall be deemed the Director's standards for purposes of this subtitle; and (2) the board shall cease to exist five years after the initial appointments are made to the board, unless the existence of the board is extended by the Director of the FBI. Authorizes the Director to establish an index of DNA identification records of persons convicted of crimes, analyses of DNA samples recovered from crime scenes, and analyses of DNA samples recovered from unidentified human remains. Specifies that such index may include only information on DNA identification records and analyses that are: (1) based on analyses performed in accordance with publicly available standards that satisfy or exceed specified guidelines for the quality assurance program for DNA analysis; (2) prepared by labs and DNA analysts that undergo regular external proficiency testing; and (3) maintained by Federal, State, and local criminal justice agencies pursuant to rules that restrict disclosure of stored DNA samples and analyses. Makes the exchange of DNA identification records subject to cancellation if the quality control and privacy requirements of this Act are not met. Requires: (1) FBI personnel who perform DNA analyses to undergo, at regular intervals of not to exceed 180 days, external proficiency testing by a DNA proficiency testing program meeting the standards issued pursuant to this Act; and (2) the Director to submit an annual report on the results of such tests to specified congressional committees for five years after the enactment of this Act and arrange for periodic blind external tests to determine the proficiency of DNA analysis performed at the FBI laboratory within one year. Restricts disclosure of DNA tests performed for a Federal law enforcement agency. Sets fines of up to $100,000 for individuals: (1) having access to individually identifiable DNA information indexed in a database created or maintained by any Federal law enforcement agency by virtue of employment of official position who willfully disclose such information to any person or agency not entitled to receive it; and (2) who, without authorization, willfully obtain DNA samples or such individually identifiable DNA information. Authorizes appropriations. Title XIX: Torture Convention - Amends the Federal criminal code to establish penalties for committing or attempting to commit torture outside the United States. Grants jurisdiction over such activity if the alleged offender is: (1) a U.S. national; or (2) present in the United States. Makes this title effective on the latter of the date of enactment of this title or the date the United States has become a party to the Convention Against Torture and Other Cruel, Inhumane or Degrading Treatment or Punishment. Title XX: Technical Provisions - Declares that all the territorial sea of the United States, as defined by Presidential Proclamation 5928 of December 27, 1988: (1) is part of the United States, subject to its sovereignty; and (2) for purposes of Federal criminal jurisdiction, is within the special maritime and territorial jurisdiction of the United States. Sets forth provisions with respect to U.S. jurisdiction over crimes against U.S. nationals on foreign vessels. Establishes criminal penalties for: (1) receiving the proceeds of extortion or kidnapping; (2) receiving the proceeds of a postal robbery; and (3) attempted robbery, kidnapping, smuggling, and malicious mischief. Title XXI: Computer Abuse - Computer Abuse Amendments Act of 1992 - Amends the Computer Fraud and Abuse Act to make it a felony to knowingly transmit an unauthorized program or code that alters the information stored in a computer with the intent to damage the system or information contained within the affected computer or computer system, or to withhold or deny the use of such system or information, if the transmission: (1) occurred without the authorization of the person responsible for the computer system receiving the program; and (2) causes damage exceeding $1,000 in any one-year period or modifies or impairs the medical care of one or more individuals. Makes such offense punishable by a fine and up to five years in prison. Sets forth parallel provisions with respect to recklessly transmitting a destructive computer program or code. Makes such offense a misdemeanor, punishable by a fine and imprisonment for up to one year. Creates a civil cause of action for compensatory or injunctive relief for persons suffering damage or loss by virtue of a violation of this Act. Limits damages to economic damages, except for medical records violations. Sets a statute of limitations of two years from the date of the act complained of, or from the date of discovery of the damage. Requires the Attorney General to report to the Congress annually during the first three years following the date of enactment of this Act concerning prosecutions under this Act. Modifies the prohibition against accessing a Government computer where such conduct affects the use of the Government's operation of such computer to cover only actions that "adversely" affect such use. Title XXII: FBI Subscriber - Amends the Federal criminal code to authorize the Director of the FBI or his designee in a position not lower than Deputy Assistant Director to request: (1) the name, address, length of service, and toll billing records of a person or entity (person) if the Director (or his designee in a position not less than Deputy Assistant Director) certifies in writing to the wire or electronic communication service provider to which the request is made that such information is relevant to an authorized foreign counterintelligence investigation and that there are specific, articulable facts giving reason to believe that the person to whom the information sought pertains is a foreign power or agent (current law does not specify the type of information sought or the position of the designee, and excludes all that follows); and (2) the name, address, and length of service of a person if the Director (or his designee in a position not lower than Deputy Assistant Director) certifies that the information sought is relevant to an authorized foreign counterintelligence investigation and that there are specific, articulable facts giving reason to believe that communication facilities registered in the name of the person have been used through the services of such provider in communication with an individual who is or has been engaged in international terrorism or clandestine intelligence activities, or with a foreign power or agent under circumstances giving reason to believe that the communication concerned international terrorism or clandestine intelligence activities, that involve or may involve a violation of U.S. criminal statutes. Requires the Director to report to the House and Senate Judiciary Committees with respect to semi-annual reports concerning requests for information under such provision.
Bill· SS. 3321 (102nd)referred
United States · United States Congress · 5 October 1992
Prohibits, beginning with FY 1993 and fiscal years thereafter, the growth in mandatory spending for all programs, except Social Security, from exceeding a level that allows for beneficiary and inflation growth. Prohibits a congressional budget resolution or any bill, resolution, amendment, or conference report from causing mandatory funding from exceeding such level. Requires a three-fifths vote in the House or Senate to waive such prohibition. Requires a sequester in any fiscal year that mandatory spending levels exceed the cap levels.
Bill· SS. 3348 (102nd)referred
United States · United States Congress · 5 October 1992
Health Care Access and Affordability Act of 1992 - Title I: Social Security Act Provisions - Subtitle A: Small Employer Insurance Reform - Part I: Tax Deductible Health Insurance Costs - Amends the Internal Revenue Code to increase the deductible for health insurance costs for self-employed individuals from 25 percent to 100 percent. Makes such deduction permanent. Part II: Standards and Requirements of Small Employer Health Insurance Reform - Amends the Social Security Act to add a new title XXI, Standards For Small Employer Health Insurance and Certification Of Managed Care Plans. Directs the Secretary of Health and Human Services (HHS) to request that the National Association of Insurance Commissioners (NAIC) develop specific standards to implement specified requirements for health insurance plans issued to small employers that relate to: (1) insurer registration; (2) guaranteed eligibility, availability, and renewability; (3) preexisting conditions; (4) restrictions on rating practices; and (5) benefit package offerings. Provides that if NAIC fails to develop such standards or the Secretary finds that they do not implement such requirements, the Secretary must develop such standards. Provides that if a State has not established a regulatory program that provides for the application and enforcement of such standards, the Secretary must certify the compliance of small employer plans with them. Part III: Tax Penalty on Noncomplying Insurers - Amends the Internal Revenue Code to impose an excise tax on the issuer of a health insurance plan to a small employer if the issuer fails to meet the requirements of title XXI of the Social Security Act (as added by this Act). Establishes such tax as 25 percent of the gross premiums received by the issuer. Makes such tax nondeductible. Subtitle B: Medicare and Medicaid Provisions - Part I: Medicare - Amends title XVIII (Medicare) of the Social Security Act to require the Secretary to establish an experimental program offering certain Medicare beneficiaries a choice among specified types of benefit options. Directs the Secretary to evaluate the experimental program and report to the Congress annually on the program's effectiveness. Provides for combined annual accounting of Medicare part A and B trust funds. Directs the Secretary to provide for the establishment of an Advisory Council on Hospital Reimbursement Procedures to recommend to the Secretary a uniform hospital reimbursement form as the sole form for the Health Care Financing Administration to use in processing claims submitted under Medicare. Specifies form contents. Requires a Council report on electronic billing. Requires the Secretary to develop such a form if the Council fails to make such a recommendation. Directs the Secretary to: (1) provide for demonstration projects to provide for the designation of certain medical procedures which will only be reimbursed if performed at a Medicare center of excellence; (2) develop a Medical Directive and Proxy Designation form and provide for a registry within HHS for such forms; and (3) notify providers and Medicare-eligible individuals of the availability of such form. Part II: Medicaid - Directs the Secretary to: (1) make grants to States for demonstration projects for improving access to Medicaid (SSA title XIX) services in medically underserved areas, providing medical assistance under Medicaid to certain uninsured individuals, providing outreach activites to individuals who may be eligible for certain medical assistance, and reducing infant mortality; and (2) report to the Congress on such projects. Authorizes appropriations. Title II: Public Health Service Act Provisions - Amends the Public Health Service Act to mandate a public education program on disease prevention through behavior change, preventive care, and screening. Authorizes appropriations. Modifies the authorization of appropriations for community health centers, earmarking certain funds for the establishment of new centers. Requires the National Health Service Corps to revise its priorities in assigning members. Specifies new criteria. Authorizes appropriations. Establishes in the National Institute on Aging the Center for the Fostering of Independent Living to conduct and support applied research, both social and scientific. Requires the Center to publish a Guide to Independent Living. Authorizes appropriations. Mandates development of a system to produce comprehensive reports under title IX (Agency for Health Care Policy and Research) of the Public Health Service Act concerning the performance of local and regional health care markets. Title III: Permanent Health Care Reform - Consumer Choice Health Care Reform Act of 1992 - Subtitle A: Tax Treatment of Health Care Expenses - Amends the Internal Revenue Code to allow a credit for premiums paid by a qualified individual (excludes a federally covered individual) on an employer-sponsored health insurance plan. Specifies the limitations on such health expenses credit. Allows employers to make advance payments of such credit to employees with a health care expenses eligibility certificate. Terminates the medical expense deduction and the health insurance credit after December 31, 1994. Allows an individual a deduction for a percentage of employer-provided health insurance premiums and allows such deduction in computing adjusted gross income. Repeals the current income exclusion for employer contributions to accident and health plans. Limits the business deduction for employer-provided health insurance premiums to computations based upon the number of employees and the national average premium. Allows individuals a tax deduction for contributions made to a medical care savings account established for the benefit of an eligible individual. Adjusts such deduction for inflation after 1994. 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. Subtitle B: Health Insurance Requirements - Sets forth requirements for employers for withholding health insurance premiums of employees, notifying employees of tax rights with respect to such premiums, converting non-self-insured plans, and selling, transferring, or reassigning existing self-insured plans. Amends the Internal Revenue Code to impose a tax on the failure to notify employees of the option to convert a non-self-insured plan to a federally qualified health insurance plan. Imposes a tax on the failure of a carrier offering a health insurance plan to comply with requirements with respect to self-insured plans. Revises provisions covering continuation coverage requirements of group health plans and requires such coverage for a maximum of 60 months. Subtitle C: State Plan Requirements - Requires States, as a condition of receiving Federal funds for health care programs after December 31, 1994, to meet specified requirements concerning: (1) health plans for the uninsured; (2) enrollment; and (3) monitoring. Subtitle D: Federal Preemption - Preempts all State laws in existence on January 1, 1995, in the following areas for five years: (1) mandated insurance laws; (2) anti-managed care laws; (3) mandated cost-sharing laws; and (4) certificate of need laws. Subtitle E: Medicaid Reform - Amends title XIX (Medicaid) of the Social Security Act to: (1) set the Federal medical assistance percentage for any State at 100 percent (excluding long-term care assistance); (2) provide Medicaid coverage for all individuals with income at the poverty level; and (3) authorize the HHS Secretary to award grants to States for the provision of long-term care to Medicaid-eligible individuals. Title IV: Antitrust Provisions - Subtitle A: Modification of the Operation of the Antitrust Laws to Hospitals - Provides that it shall not be unlawful under the antitrust laws for two or more hospitals to engage in conduct solely for the purpose of negotiating a proposed agreement (including the sharing of data) to share expensive medical services or expensive high technology equipment. Authorizes the Secretary of Health and Human Services to issue waivers to exempt such conduct from the operation of the antitrust laws, subject to specified requirements. Provides that, to be eligible to receive such a waiver, two or more hospitals must submit to the Secretary an application that contains a proposed agreement that only: (1) provides that such hospitals shall share the expensive medical services or high technology equipment identified in such agreement; (2) specifies the period of time during which such agreement shall be in effect; and (3) describes the particular medical services or high technology equipment to be shared. Directs the Secretary, in evaluating the application, to consider whether implementation of such agreement will result in enhancement of the quality of hospital or hospital-related care, the preservation of hospital services in geographical proximity to the communities traditionally served by the applicants, improvement in the cost-effectiveness of high-technology services provided by the applicants, improvement in the efficient utilization of hospital resources and capital equipment, the provision of services that would not otherwise be available, or the avoidance of duplication of hospital resources. Sets forth: (1) provisions regarding the issuance and effect, and revocation, of a waiver; and (2) reporting requirements. Subtitle B: Encouraging Enforcement Activities of Medical Self-Regulatory Entities - Prohibits the recovery of damages, interest on damages, costs, or attorney fees under provisions of the Clayton Act relating to suits by persons injured, by the United States, and by State attorneys general, or under similar State laws, 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. Directs any Federal agency engaged in the establishment of medical professional standards to consult with and use appropriate medical self-regulatory entities, if available, in carrying out standard setting and related regulatory activities. Subtitle C: Interagency Committee - Establishes the Interagency Committee of Health Care Reform and Antitrust Policy to coordinate policy regarding health care reform and antitrust policy, and to make recommendations to the Congress regarding achieving both health care cost containment and greater access to quality health care through cooperation among health care providers. Title V: Medical Malpractice Reform - Subtitle A: General Provisions - Sets forth findings and definitions. Subtitle B: Grant Programs - Mandates grants to States for medical malpractice alternative dispute resolution systems. Describes fault-based, defined catastrophic injury compensation, early offer and recovery mechanism, and binding arbitration approaches. Allows other approaches. Requires: (1) grants for basic research on the prevention of and compensation for injuries from health care professional or provider malpractice; (2) grants for the licensing and discipline of health care professionals; (3) technical assistance to States for evaluation of medical practice acts and procedures, malpractice detection, and discipline; and (4) grants for educating the public regarding appropriate use of health care, realistic expectations, the resources and role of licensing and disciplinary boards, and faculty training and curricula. Mandates allotments to States for the grants under this title. Authorizes appropriations. Subtitle C: Health Care Malpractice Dispute Reform - Applies these provisions to all Federal or State medical malpractice actions. Limits lump sum future damages award dollar amounts. Mandates collateral source payment reductions. Limits the dollar amount of noneconomic damages. Sets forth time limitations for initiating actions. Preempts certain types of State laws regarding these requirements. Amends title XVIII (Medicare) of the Social Security Act to require: (1) allocation of all practitioner licensing or certification fees to a disciplinary agency; (2) each service provider and medical liability carrier to have a malpractice risk management program; and (3) review by professional societies of malpractice claims. Amends the Public Health Service Act to mandate a grant to an entity that represents recipients of assistance under provisions relating to migrant and community health centers for development of a business plan and establishment of a nationwide risk retention group. Authorizes appropriations for the grant and for capitalization. Title VI: Miscellaneous Provisions - Establishes in the Department of Health and Human Services the President's Council on Senior Fitness. Directs the Secretary, through the President's Council on Physical Fitness and Sports, to implement programs to promote healthy lifestyle choices. Authorizes appropriations.
Bill· SS. 3331 (102nd)referred
United States · United States Congress · 5 October 1992
MediCORE Health Act of 1992 - Title I: Eligibility and Enrollment - Makes each legal resident of the United States eligible for CORE SERVICES through a MediCORE card under a State program. Title II: Administration by Federal MediCORE Board - Establishes within the Department of Health and Human Services a Federal MediCORE Board to be responsible for the overall administration of this Act and for the oversight of State compliance with this Act, as well as the development of CORE SERVICES and of specific State guidelines. Requires the Board to: (1) publish and make available to each State a Model MediCORE Administration Manual; and (2) establish and administer the operation of a National Data Bank System with health care data and information. Specifies various health care studies to be conducted by the Board. Requires an annual report to the appropriate congressional committees on the state of the Nation's health care services. Title III: CORE SERVICES - Requires the Board to provide for CORE SERVICES that include: medically necessary services, Medicare services, supplemental benefits, preventive health care services, long-term health, custodial or personal assistance, and catastrophic care. Amends the Child Nutrition Act to authorize appropriations for the special supplemental food program. Title IV: Federal MediCORE Guidelines - Establishes requirements for Federal MediCORE guidelines to be developed and implemented by the Board. Title V: Approval and Oversight of State Programs - Grants approval and oversight authority to the Board over State programs. Title VI: MediCORE Budget - Requires the Board to prepare an annual MediCORE Budget which provides each approved State program with health care revenue sharing payments. Established the MediCORE Trust Fund to make such payments. Provides funding for such Trust Fund through appropriations, the transfer of certain taxes, and the transfer of funds from social security trust funds. Amends the Internal Revenue Code to impose a tax on employees and employers to provide for health care revenue sharing. Imposes a MediCORE tax on individuals. Makes other tax changes to conform to provisions of this Act. Title VII: Preparation and Submission of MediCORE Budget to Congress - Requires the Board to annually submit a MediCORE budget report to the Congress. Title VIII: Effective Date; Repeals; Transition; Relation to ERISA - Establishes the effective date for the MediCORE program. Repeals certain Acts and laws to conform to such program. Authorizes appropriations. Supersedes provisions of the Employee Retirement Income Security Act to the extent inconsistent with this Act.
Bill· HRH.R. 6175 (102nd)referred
United States · United States Congress · 5 October 1992
Medical School Assistance Entitlement Act - Amends the Public Health Service Act to replace provisions relating to the Federal program of insured loans to graduate students in health professions schools with provisions entitling eligible individuals to payments for medical or osteopathic school attendance costs from the Trust Fund established by this Act. Limits lifetime payments. Amends the Internal Revenue Code to impose an additional individual income tax on any individual (and the individual's spouse) who received such payments. Establishes the Medical School Assistance Trust Fund, appropriating to it the taxes imposed by this Act. Authorizes appropriations to the Trust Fund, as repayable advances, as necessary to make the payments.
Bill· HRH.R. 6171 (102nd)referred
United States · United States Congress · 5 October 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, including a self-insured 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, in phases, 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 relating to migrant or community health centers, health services for the homeless, or health services for residents of public housing. 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, for specified fiscal years, 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). Directs the Attorney General to establish an ADR for the resolution of Federal medical malpractice claims, to be used after completion of the administrative process under specified provisions. 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. Establishes requirements for and provides for annual certification of State ADRs. Directs the Secretary to establish an alternative Federal ADR for claims in States without certified ADRs. 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) programs and Medicare supplemental health insurance. 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. Imposes a penalty on distributions not used for that individual's medical expenses. 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. 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: Limitation of Antitrust Recovery for Certain Hospital Joint Ventures - Limits antitrust recovery to actual damages if the requirements of this subtitle are met, including the filing and publication of certain information regarding hospital joint ventures. Establishes the Interagency Committee on Competition, Antitrust Policy, and Health Care to make recommendations to the Congress regarding antitrust and health care. Subtitle I: Encouraging Enforcement Activities of Medical Self-Regulatory Entities - Prohibits damages, interest on damages, costs, or attorney's fees from being recovered (except for actual damages, interest on damages, costs, or attorney's fees for injury sustained) 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 and not conducted for financial gain.
Law· HRH.R. 6135 (102nd)enacted
United States · United States Congress · 5 October 1992
National Aeronautics and Space Administration Authorization Act, Fiscal Year 1993 - Title I: Authorization of Appropriations - Authorizes FY 1993 appropriations to the National Aeronautics and Space Administration (NASA) for: (1) research and development; (2) space flight, control, and data communications; (3) construction of facilities; (4) research and program management; and (5) the Inspector General. Requires the Administrator of NASA (Administrator) to: (1) report to the Congress on a New Launch System and expendable launch vehicles; and (2) carry out an Earth Observing System program. Title II: General Provisions - Permits the use of appropriations for research and development and space flight, control, and data communications for certain items of a capital nature (other than land acquisition) required for the performance of research and development contracts and for grants to nonprofit educational and research organizations for construction or purchase of additional research facilities. Prohibits the use of these funds for the construction of any major facility whose estimated cost exceeds a specified amount, unless the Administrator of NASA notifies specified congressional committees. Authorizes the use of certain funds, subject to limitations, for: (1) facilities construction, repair, or modification; (2) unforeseen programmatic facility project needs; (3) repair or modification of facilities controlled by the General Services Administration; and (4) scientific consultations or extraordinary expenses. Authorizes reprogramming of certain funds for: (1) transatmospheric research and technology; and (2) construction of facilities. Permits upward variances of funds for facilities construction under circumstances outlined in this Act. Makes available specified funds for the construction and modification of facilities. Requires the Administrator to notify specified congressional committees of the nature, cost, and reasons for such construction before expending the funds in question. Prohibits, until 30 days following congressional receipt of the Administrator's full explanation, the use of funds appropriated pursuant to this Act for any program that: (1) has been deleted by the Congress; (2) is in excess of the amount actually authorized for the particular program by specified provisions; or (3) has not been presented to either of specified congressional committees. Limits obligation of unauthorized appropriations and requiures related reports to the Congress and the Comptroller General. Requires NASA to submit to the Congress a five-year budget and an estimate of the lifecycle costs associated with each program. Amends the Commercial Space Launch Act to authorize FY 1993 appropriations. Prohibits user fees unless specifically authorized by the Act. Authorizes FY 1993 appropriations: (1) to carry out activities of the National Space Council; and (2) to the Secretary of Commerce for the Office of Space Commerce. Requires: (1) the Administrator to report to the appropriate congressional committees on the single stage rocket technology flight test program; and (2) the National Space Council to report to such committees on a national aerospace transportation technology plan. Declares the sense of the Congress with regard to multilateral scientific cooperation and the Space Agency Forum on International Space Year, including activities by NASA and the National Oceanic and Atmospheric Administration. Repeals provisions of the National Aeronautics and Space Administration Authorization Act, Fiscal Year 1991 authorizing appropriations for the Comet Rendezvous Asteroid Flyby/Cassini mission. Amends the National Science Foundation Act of 1950 to authorize the National Science Foundation to foster the development and use of computer networks in support of research and education. Directs the President to report to the Congress on various opportunities for increased space-related trade and cooperation with the independent states of the former Soviet Union. Authorizes the Office of Space Commerce of the Department of Commerce to conduct trade missions for the purpose of familiarizing U.S. aerospace industry representatives with space-related business opportunities in the independent states. Requires agencies conducting procurement to comply with specified provisions of the Buy American Act. Requires investigation, in meeting NASA's needs for additional facilities, of abandoned and underused buildings, grounds, and facilities in depressed communities. Mandates a study and report to the Congress regarding the extent to which information developed by NASA is brought to market by foreign aerospace firms more quickly than by U.S. companies. Directs the Administrator of the National Oceanic and Atmospheric Administration to: (1) establish an Institute for Aviation Weather Prediction, which shall expand upon the activities of the aviation unit currently at the National Severe Storms Center in Kansas City, Missouri; and (2) provide an opportunity for Center employees to assume comparable Institute duties. Title III: Experimental Program to Stimulate Competitive Research on Space and Aeronautics - Experimental Program to Stimulate Competitive Research on Space and Aeronautics Act - Directs the Administrator to establish an Experimental Program to Stimulate Competitive Research on Space and Aeronautics among eligible States. Obligates funds for program grants. Title IV: High Risk Research and Development Contract Administration - Mandates an assessment of the allocation of risk between the Government and its contractors for future research and development contracts regarding increasing the contractor's risk to conform to contract requirements. Requires development of regulations for the administration of research and development contracts regarding: (1) the use of performance-based contracts; (2) clauses obligating the Government to pay for correction of defects; and (3) cost recovery for defective work. Title V: Commercial Space Competitiveness - Amends the Commercial Space Launch Act to extend through January 1, 2000, the deadline for Government payment of certain launch-related third party claims. Directs the Administrator to establish a commercial space launch voucher demonstration program, which shall expire after September 30, 1995. Authorizes the Secretary of Transportation to make space transportation infrastructure grants. Authorizes appropriations. Directs the Administrator and the Secretary of Defense, in coordination with the Secretary of Transportation, to inventory and identify all U.S.-owned launch support facilities. Authorizes: (1) the Administrator or the Administrator of the National Oceanic and Atmospheric Administration to enter into multiyear anchor tenancy contracts under specified conditions; and (2) use of Government space facilities on a reimbursable basis by non-Federal entities under specified conditions. Amends the National Aeronautics and Space Act to authorize the Administrator to protect from dissemination information developed under Space Act agreements with non-Federal parties for up to five years. Establishes a Commercial Space Achievement Award. Sets forth Award criteria. Title VI: Biomedical Research in Space - Directs the Administrator and the Director of the National Institutes of Health to jointly establish: (1) a biomedical research joint working group; (2) a biomedical research grant program; (3) a biomedical research fellowship program; and (4) a plan to conduct joint biomedical research activities by the republics of the former Soviet Union and the United States. Directs the Administrator to establish a national electronic data archive for biomedical research data obtained from space-based experiments. Directs the Administrator, with the Director of the Federal Emergency Management Agency, the Director of the Office of Foreign Disaster, and the Surgeon General of the United States, to jointly establish an international telemedicine satellite consultation capability to support disaster area emergency medical services. Authorizes appropriations.
Law· HRH.R. 6168 (102nd)enacted
United States · United States Congress · 5 October 1992
Airport and Airway Safety, Capacity, and Intermodal Transportation Act of 1992 - Title I: Airport and Airway Improvement Act Amendments - Amends the Airport and Airway Improvement Act of 1982 to declare that it is a goal of the United States to develop a national intermodal transportation system. Authorizes appropriations for FY 1993 for airport development and planning projects. Authorizes appropriations for FY 1993 through 1995 for: (1) air navigation facilities; (2) weather reporting services for the Federal Aviation Administration (FAA); (3) FAA operations; and (4) expenses incurred in joint financing of air navigation services and in maintaining air navigation facilities. Authorizes appropriations for FY 1994 to augment the Airway Capital Investment Plan, if the Secretary of Transportation (Secretary) determines it is necessary (including a determination with respect to the establishment of more than 23 area control facilities). Amends the Federal Aviation Act of 1958 to revise the minimum Federal appropriation levels which permit imposition of local airport passenger facility fees on airline passengers. Earmarks a minimum amount of airport development and planning project fnds for FY 1993 and 1994 for site selection and installation of one FAA long-range air route surveillance radar system for the portion of northern Maine currently served by approach control at Loring Air Force Base. Reduces from 49.5 percent to 44 percent the ceiling on the total amount of all such apportionments in the event any Act of Congress has the effect of limiting or reducing the obligational ceiling for the airway improvement program. Extends the special apportionment treatment of Alaskan airports to those public airports in Alaska that received scheduled service as of September 3, 1982, but were not apportioned funds in FY 1980 because they were not under State or local public agency control. Requires not less than 2.25 percent of airport development and planning funds for FY 1993 through FY 1995 be set-aside for development of current and former military airports. Requires the Secretary to designate such airports for participation in such set-aside program. (Currently, the Secretary is required to designate not less than eight the airway improvement program funds available are less than specified amounts. Authorizes the Secretary, in cases where a commercial service airport annually has .05 percent or less of the total enplanements in the United States, to approve, as allowable project costs of an airport development project at such airport, any terminal development in revenue-producing areas and construction, reconstruction, repair, and improvement of nonrevenue-producing parking lots if the sponsor certifies that no project for needed airport development affecting safety, security, or capacity will be deferred by such approval. Sets the Federal share of allowable costs for terminal development at such an airport at 85 percent. Prohibits letters of intent issued by the Secretary from conditioning the obligation of funds for airport development projects on the imposition of a passenger facility charge. Includes as an "airport development" activity the: (1) acquisition or installation at or by a public -use airport of aircraft deicing equipment and structures (other than aircraft deicing fluids and storage facilities for such equipment and fluids) or interactive training systems; (2) relocation of an air traffic control tower and any navigational aid (including radar) if such relocation is necessary to carry out an approved project; (3) construction, reconstruction, repair, or improvement of an airport (or any purchase of capital equipment for an airport), if funded by a grant under the Act, which is necessary for compliance with specified Federal laws, other than construction or purchase of capital equipment which would benefit a revenue-producing area of the airport used by a nonaeronautical business; and (4) acquisition of land for, or work necessary to construct, a pad for deicing aircraft before takeoff at a commercial service airport, including construction or reconstruction of paved areas, drainage collection structures, treatment and discharge systems, appropriate lighting, and paved access for deicing vehicles and aircraft (but excluding acquisition of aircraft deicing equipment and fluids and construction and reconstruction of storage facilities for such equipment and fluids). Requires as a condition precedent to approval of an airport development project: (1) public availability of any report of the airport budget; and (2) specified kinds of public participation in the project. Repeals the requirement for an annual report to the Congress on the national airways system. Includes Alaskan and Hawaiian airports in the coverage of the Act with respeect to passengers enplaned on international flights. Extends the State block grant pilot program for airports through FY 1996. Authorizes the Secretary to designate up to seven (currently, three) qualified States (including Illinois, Missouri, and North Carolina) for participation in such program. Requires airport owners or operators as a condition precedent to approval of a grant for airport development projects to take necessary action to ensure that at least ten percent of businesses at the airport which provide ground transportation, baggage carts, automobile rentals, or other consumer services are small businesses owned and controlled by socially and economically disadvantaged individuals (disadvantaged business enterprises, or DBE's). Authorizes the Secretary to allow an airport owner or operator to meet the ten percent goal by including: (1) businesses operated through management contracts or subcontracts; or (2) the purchase from DBE's goods or services used in a business conducted on the airport provided the airport owner or operator as well as such businesses make good faith efforts to explore all available options to achieve compliance with the DBE goal through direct ownership arrangements, including joint ventures and partnerships. Allows an airport owner or operator, in complying with the DBE goal to: (1) include the revenues of car rental firms on the airport in the base from which the overall percentage goal is calculated; and (2) require a care rental firm to meet goal requirements through the purchase of goods or services from DBE's, including purchases or leaves of vehicles from DBE vendors. Excludes air carriers that provide passenger or freight-carrying services and other business that provide aeronautical activities at an airport from the ten percent goal. Revises the definition of an eligible "disadvantaged business enterprise" to raise the maximum average annual gross receipts permissible from $14,000,000 to $16,015,000. (2) a three-year projection of the number of air traffic controllers needed to operate such system to meet such standards; and (3) a detailed plan for employing such controllers, including projected budget requests. Directs the Administratorr of the FAA to develop and report to specified congressional committees on: (1) the cirteria used to determine the required number of aviation safety inspectors; and (2) a three-year project of the number of inspectors needed, plans for training them, and the support staff needed for the inspector workforce. Prohibits the FAA from entering into any contract on or before September 30, 1994, with a private person for the operation of an airport control tower at any airport which in FY 1990 had 5,500 or more air carrier operations and 40,000 or more air taxi operations unless the airport owner or operator first agrees to the FAA Administrator's entering into such contract. Directs the Administrator of the FAA to study and report to specified congressional committees on: (1) the social, economic, and health effects or airport noise on opulations within 65, 60, and 55 LDN noise areas to determine the actual level at which noise creates an adverse impact on populations; and (2) the effect of single event noise on populations. Directs the Administrator the FAA require, by regulation, procedures to improve safety of aircraft operations during winter conditions. Amends the Federal Aviation Act of 1958 to direct the Administrator of the FAA to update and arrange for publication of clearly defined routes for navigating under visual flight rules through a complex terminal airspace area, and to and from an airport located within such an area. Directs the Secretary to study and report to the Congress on: (1) whether the safety benefits derived from the reflectorization of runways and taxiways of all military airfields under Federal Specification TT-B-1325B should be extended to runways and taxiways of public use airports; (2) the purchase of land for development over five years after purchase (landbanking) and of options to purchase land for airport development, and whether such projects should be funded under the Airport Improvement Program; (3) the current Federal program for monitoring the installation and operation of lighting systems for aircraft obstructions and airport runways; (4) the economic benefits of carrying out airport development projects in "redevelopment areas" under the Public Works and Economic Development Act of 1965; and (5) the ability of airports which annually enplane .05 percent or less of total enplanements in the United States to finance the maintenance of runways, aprons, and taxiways constructed under the Airport Improvement Program. Amends the Airport and Airway Safety and Capacity Expansion Act of 1987 to revise conditions with respect to a release from certain terms and restrictions contained in a certain instrument conveying land on which Laredo International Airport is located to the city of Laredo, Texas. Allows Laredo to grant leases of up to 40 years (currently, 20 years) at below fair market value at the airport. Directs the Administrator of te FAA to study and report: (1) to specified congressional committees on the current and projected need for air traffic control and related services in the airspace around Tucson, Arizona; and (2) to the Congress on increased air traffic over Grand Canyon National Park. Directs the Secretary of Transportation to establish a Civil Tiltrotor Development Advisory Committee to evaluate the technical feasibility and economic viability of developing civil tiltrotor aircraft and a national system of infrastructure to support the incorporation of tiltrotor aircraft technology into the natinal transportation system. Amends the Airport Noise and Capacity Act of 1990 to make technical amendments relating to: (1) exemptions from certain conditions on agreements dealing with airport noise reduction and access restrictions on the operation of Stage 3 aircraft; and (2) purchase contract requirements for the operation of certain imported civil subsonic turbojet aircraft with a maximum weight of over 75,000 pounds. Requires as a condition precedent to approval of an airport development project: (1) public availability of any report of the airport budget; and (2) specified kinds of public participation in the project . traffic capacity at public-use airports. Directs the Secretary of Transportation to study and report to the Congress on whether a municipal solid waste facility located within a file-mile radius of the end of a runway may have the potential for attracting or sustaining bird movements (from feeding, watering, or roosting) that may pose a hazard across the runways or approach and departure patterns of aircraft. Establishes the National Commission to Ensure a Strong Competitive Airline Industry to investigate the financial condition of the airline industry, the adequacy of competition in it, and legal impediment to a financially strong and competitive airline industry. Requires the Commission to submit a specified report to the Congress. Requires the head of each Federal agency conducting procurements to Repeals the requirement for an annual report to the Congress on the national airways system. Includes Alaskan and Hawaiian airports in the coverage of the Act with respect to passengers enplaned on international flights. Amends the Aviation Safety and Capacity Expansion Act of 1990 to extend the prohibition against the fraudulent use of "Made in America" labels on products sold in or shipped to the United States, and against discrimination by foreign governments against U.S. products, to the award of Federal contracts or grants under a specified section of Federal transportation law or the Airport and Airway Improvement Act of 1982. Authorizes the Administrator of the FAA to make grants to up to four vocational technical institutions for acquisition or construction of facilities for the advanced training of maintenance technicians for air carrier aircraft. Sets forth grant eligibility requirements. Authorizes appropriations. Directs the Administrator of the FAA to develop and submit annually to specified congressional committees a report on: (1) the staffing standards used to determine the number of air traffic controllers needed to operate the air traffic control system of the United States; traffic controllers so as to make the controller work force not less than 18,128 on September 30, 1993. Directs the Administrator of the FAA to study and report to specified congressional committees on: (1) the social, economic, and health effects of airport noise on populations within 65, 60, and 55 LDN noise areas to determine the actual level at which noise creates an adverse impact on populations; and (2) the effect of single event noise on populations. Directs the Administrator of the FAA to: (1) increase the employment of aviation safety inspectors to a specified level by the end of FY 1995; (2) require, by regulation, procedures to improve safety of aircraft operations during winter conditions. Amends the Federal Aviation Act of 1958 to direct the Administrator of the FAA to update and arrange for publication of clearly defined routes for navigating under visual flight rules through a complex terminal airspace area, and to and from an airport located within such an area. Authorizes the Secretary to make grants under the Aviation Safety and Noise Abatement Act of 1979 for projects to soundproof residential buildings if specified conditions are met. (currently, 20 years) at below fair market value at the airport. Directs the Administrator of the FAA to study and report: (1) to specified congressional committees on the current and projected need for air traffic control and related services in the airspace around Tucson, Arizona; and (2) to the Congress on increased air traffic over Grand Canyon National Park. Title II: Federal Aviation Act Amendments - Amends the Federal Aviation Act of 1958 to authorize the Administrator of the FAA to enter into a contract, on a sole source basis, with a State or political subdivision to permit it to operate a level I visual flight rules airport traffic control tower if the Administrator determines that such State or political subdivision can comply with certain safety and subcontracting requirements. Authorizes, at the discretion of the Administrator of the FAA, the reimbursement of travel, transportation, and subsistence expenses for the security training of non-Federal domestic and foreign security personnel who contribute to civil aviation security. Requires all persons to give adequate public notice of the establishment or expansion, or the proposed establishment or expansion, of any structure or sanitary landfill where such notice will promote safety in air commerce and preserve the navigable airspace and airport Directs the Secretary of Transportation to study and report to the Congress on whether a municipal solid waste facility located within a five-mile radius of the end of a runaway may have the potential for attracting or sustaining bird movements (from feeding, water, or roosting) that may pose a hazard across the runways or approach and departure patterns of aircraft. Title III: Research, Engineering, and Development - Federal Aviation Administration Research, Engineering, and Development Authorization Act of 1992 - Amends the Airport and Airway Improvement Act of 1982 to authorize FY 1993 and 1994 appropriations for specified areas of airway improvement research, engineering and development, and demonstrations. Directs the Secretary to report to the Congress on the feasibility of requiring commercial airports and/or commercial airlines to employ portable equipment to deice commercial aircraft before takeoff by placing such equipment close to the departure end of the active runway. Requires the Secretary to research to develop new techniques and more efficient fluids and technologies for deicing. Requires the Administrators of the FAA and the National Aeronautics and Space Administration to jointly conduct a research program to develop new technologies for quieter subsonic jet aircraft engines and airframes by the year 2000. Prohibits a person from affixing "Made in America" labels to products that are not domestic products of the United States. Makes any person that violates such prohibition ineligible for the award of a Federal contract. comply with the requirements of the Buy American Act. Title IV: Aviation Insurance - Amends the Federal Aviation Act of 958 to authorize Federal agencies to purchase aviation insurance covering any aircraft engaged in intrastate, interstate, or overseas air commerce for any risk (including war risk) if the aircraft operation is in the performance of an agency contract or is for the transportation of military forces or material on behalf of the United States under an agreement between the United States and a foreign government. Extends the aviation insurance program from FY 1992 through FY 1997. Directs the Comptroller General to review and report to the Congress on the administration of the aviation insurance program during the Persian Gulf conflict in order to determine methods of improving efficiency by reducing the paperwork and time period required for providing such insurance. Title V: Extension of Airport and Airway Trust Fund - Amends the Internal Revenue Code to extend the authority of the Airport and Airway Trust Fund through October 1, 1995. Declares that, in the case of certain taxes imposed before January 1, 1993, the amounts to be appropriated to the Fund shall be determined without regard to any increase in a rate of tax enacted by the Revenue Reconciliation Act of 1990. Authorizes appropriations for FY 1993 and 1994 for: (1) airport development and planning projects; (2) air navigation facilities; (3) weather reporting services for the Federal Aviation Administration (FAA); and (4) FAA operations. Authorizes appropriations for FY 1994 to augment, if the Secretary of Transportation (Secretary) determines it is necessary, the Airway Capital Investment Plan, including a determination with respect to the establishment of more than 23 area control facilities. Amends the Federal Aviation Act of 1958 to revise the minimum Federal appropriation levels which permit imposition of local airport passenger facility fees on airline passengers. Amends the Airport and Airway Improvement Act of 1982 to increase the apportionment of airports which are served by aircraft providing only air cargo (including mail) transportation; and (2) primary airports. Reduces from 49.5 percent to 44 percent the ceiling on thetotal amount of all such apportionments in the event any Act of Congress has the effect of limiting or reducing the obligational ceiling for the airway improvement program. Extends the special apportionment treatment of Alaskan airports to those public airports in Alaska that received scheduled service as of September 3, 1982, but were not apportioned funds in FY 1980 because they were not under State or local public agency control. Requires not less than 2.25 percent of airport development and planning funds for FY 1993 through FY 1995 be set-aside for development of current and former military airports. Increases from eight to 12 the number of current or former military airports the Secretary must set-aside for development grants to improve the national air transportation system. Authorizes a specified amount of discretionary airport development and planning funds for FY 1993 through FY 1995 for construction, improvement, or repair of airport surface parking lots, fuel farms, and utilities at such airports. Requires the Administrator of the FAA, within 30 days after the Secretary of Defense recommends a list of military bases for closure or realignment, to report to the Congress on the effects of any recommendations involving military airbases on local civilian airports and airways, costs of conversion of civilian use, and air traffice control and radar coverage. Raises from 10 percent to 12.5 percent the minimum obligation of apportioned and discretionary funds for airport noise compatibility planning. Authorizes the maximum obligation of the United States for airport development and planning projects for FY 1993 to be increased for an airport (other than a primary airport) by a specified amount. Requires the Secretary to designate such airports for participation in such set-aside program. (Currently, the Secretary is required to designate not less than eight current or former military airports.) Authorizes a specified amount of discretionary airport development and planning funds for FY 1993 and 1994 for construction, improvement, or repair of airport surface parking lots, fuel farms, and utilities at such airports. Requires the Secretary to set-aside not less than an additional 2.5 percent of airport development and planning funds to primary airports for noise compatibility planning if the Secretary finds that one or more units of local government in the areas surrounding such airports have adopted noise control measures likely to ensure land use compatible with such airports. Authorizes the maximum obligation of the United States for airport development and planning projects for FY 1993 to be increased for an airport (other than a primary airport) by a specified amount. Revises the definition of an eligible "disadvantaged business enterprise" to raise the maximum average annual gross receipts permissible from $14,000,000 to $16,015,000. Authorizes the Secretary, in cases where a commercial service airport annually has .05 percent or less of the total enplanements in the United States, to approve, as allowable project costs of an airport development project at such airport, any terminal development in revenue-producing areas and construction, reconstruction, repair, and improvement of nonrevenue-producing parking lots if the Secretary finds that no project for needed airport development affecting safety, security, or capacity will be deferred by such approval. Includes as an "airport development" activity the: (1) relocation of an air traffic control tower if such relocation is necessary to carry out an approved project; and (2) construction, reconstruction, repair, or improvement of an airport (or any purchase of capital equipment for an airport) which is necessary for compliance with specified Federal laws, other than construction or purchase of capital equipment which would benefit a revenue producing area of the airport used by a nonaeronautical business. Authorizes the Administrator of the FAA to make grants to up to four vocational technical institutions for acquisition or construction of facilities for the advanced training of maintenance technicians for air carrier aircraft. Sets forth grant eligibility requirements. Authorizes appropriations. Directs the Administrator of the FAA to develop and submit annually to specified congressional committees a report on: (1) the staffing standards used to determine the number of air traffic control system of the United States; (2) a three-year projection of the number of air traffic controllers needed to operate such system to meet such standards; and (3) a detailed plan for employing such controllers, including projected budget requests. requires the Administrator of the FAA to hire additional air traffic controllers so as to make the controller work force not less than 18,128 on September 30, 1993. Title II: Federal Aviation Act Amendments - Amends the Federal Aviation Act of 1958 to authorize the Administrator of the FAA to enter into a contract, on a sole source basis, with a State or political subdivision to permit it to operate a level I visual flight rules airport traffic control tower if the Administrator determine that such State or political subdivision can comply with certain safety and subcontracting requirements. Authorizes, at the discretion of the Administrator of the FAA, the reimbursement of travel, transportation, and subsistence expenses for security training personnel who contribute to civil aviation security. Requires all persons to give adequate public notice of the establishment or expansion, of any structure or sanitary landfill where such notice will promote safety in air commerce and preserve the navigable airspace and airport traffic capacity at public-use airports. Airport and Airway Safety, Capacity, Noise Improvement and Intermodal Transportation Act of 1992 - Title I: Airport and Airway Improvement Act Amendments - Amends the Airport and Airway Improvement Act of 1982 to declare that it is a goal of the United States to develop a national intermodal transportation system.
Bill· HRH.R. 6140 (102nd)referred
United States · United States Congress · 5 October 1992
Real Property Taxpayer Protection Act of 1992 - Amends the Federal Deposit Insurance Act and the Federal Credit Union Act to exclude real estate tax escrow accounts from: (1) statutory limitations on the amount of deposit insurance available to the account holder; and (2) being taken into account in determining the amount of deposit insurance available to the account holder with respect to any other insured account.
Bill· HRH.R. 6146 (102nd)referred
United States · United States Congress · 5 October 1992
Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to: (1) provide for increases in the exempt amount for purposes of the retirement test; and (2) require the Secretary of the Treasury to submit annual reports to the Congress and the Secretary of Health and Human Services on the net increase in tax liabilities resulting from such increases.
Bill· HRH.R. 6153 (102nd)referred
United States · United States Congress · 5 October 1992
Amends the Internal Revenue Code to waive the age requirement (55 years or older) for eligibility with respect to the one-time income tax exclusion of gain from the sale of a residence during the two-year period beginning on the day after the date of the enactment of this Act. Requires this amendment to be applied by not taking into account any election with respect to a sale or exchange made on or before such date. Requires, in the case of a sale or exchange after the close of the two-year period, that this amendment be applied by not taking into account any election made during such two-year period.
Bill· HRH.R. 6151 (102nd)referred
United States · United States Congress · 5 October 1992
Tribal Government Unemployment Compensation Act Amendments of 1992 - Amends the Internal Revenue Code to treat, for unemployment compensation tax purposes, employment by federally recognized tribal governments in the same manner as employment by State or local units of government or nonprofit organizations.
Resolution· HRESH.Res. 602 (102nd)passed
United States · United States Congress · 5 October 1992
Waives all points of order against the consideration of the conference report on H.R. 5504 (armed forces funding).
Resolution· HRESH.Res. 600 (102nd)passed
United States · United States Congress · 5 October 1992
Waives points of order against the consideration of the conference report on H.R. 5368 (foreign operations funding).
Resolution· HRESH.Res. 599 (102nd)open
United States · United States Congress · 4 October 1992
Waives points of order against the conference report on H.R. 5427 (Legislative Branch appropriations) and against its consideration.
Law· HRH.R. 6125 (102nd)enacted
United States · United States Congress · 3 October 1992
Farm Credit Banks and Associations Safety and Soundness Act of 1992 - Title I: Improvements to Farm Credit System Safety and Soundness - Amends the Farm Credit Act of 1971 to set forth qualifications for Farm Credit Administration (FCA) board members. Redefines "permanent capital." Title II: Farm Credit System Insurance Corporation - Makes the Farm Credit System Insurance Corporation (FCSIC) successor to the Farm Credit System (FCS) Assistance Board in the case of capital presentation agreements that certify certain banks as eligible to issue preferred stock to the Farm Credit System Assistance Corporation (Corporation). Requires the General Accounting Office to study and report to the Congress on: (1) risk-based FCSIC premiums; (2) possible Farm Credit System Insurance Fund (Fund) authority to assess associations directly; (3) possible supplemental FCSIC insurance premiums; (4) the benefits of consolidating district banks into regional banks; (5) FCS institutions' overhead expenses; and (6) potential savings if FCS institutions and the FCA were required to comply with certain Government office standards. Title III: Repayment of Farm Credit System Debt Obligations - Amends the Farm Credit Act to require an institution terminating FCS status to pay to the Corporation the estimated present value of future principal otherwise required had it remained in the FCS. Recognizes any such amount as a Corporation claim against the estate of a liquidating bank. States that the other banks' obligations shall not be reduced in anticipation of such recoveries, but only upon their receipt by the Corporation. Requires each institution to make annual payments to the Corporation to ensure debt repayment. Requires each institution that issued preferred stock, beginning in 1992, to appropriate specified earnings into an account to fund such stock's retirement. Requires each bank to: (1) record as an expense the annual increase of its bond repayment obligation; and (2) repay Treasury-paid interest on FCS obligations (through bank assessments). Makes banks (currently institutions) primarily liable to repay certain Corporation interest and obligations. Excludes banks in liquidation from such requirements. Expands default provisions to include all bank obligations with respect to Corporation bond principal and interest, except certain preferred stock-related bonds. Extends the Corporation termination date until two years after the last Corporation bond maturity date. Title IV: Clarification of Certain Authorities - Amends the Agricultural Credit Act of 1987 to require the Federal Intermediate Credit Bank of Jackson (Bank) to merge with a Farm Credit Bank. States that: (1) FCA merger approval shall be given only if the Bank merges in its entirety with a Farm Credit Bank; (2) the Bank shall have limited operating authority and limited lending authority (lending authorities in Alabama, Louisiana, and Mississippi limited to pre-merger constituent bank's authorities); and (3) the FCA shall order the merger of the Bank and the Farm Credit Bank of Texas if the Bank fails to negotiate a merger within a specified period of time. Requires a referendum of farmer-borrowers in such States with respect to the structure of such association. Sets forth the long-term lending authority of the Farm Credit Bank of Texas with respect to Alabama, Louisiana, and Mississippi. Title V: Miscellaneous - Amends the Farm Credit Act to revise production credit association application of earnings requirements. Limits a bank for cooperatives' loan risk participation authority. Sets forth voting guidelines with respect to one director of each bank for cooperatives. Expands bank for cooperatives' water and sewer lending authority. Makes qualifying private agricultural entities eligible to borrow from a bank for cooperatives. Repeals the tax-exempt guarantee prohibition. Directs the FCA to monitor FCS directors' compensation. Authorizes the FCA to approve competitive charters among FCS institutions. Authorizes the FCSIC to examine FCS institutions (current authority is limited to FCS banks). Provides for financial disclosure and conflict of interest reporting by FCS directors, officers, and employees. Directs the Secretary of Agriculture to use specified funds to purchase, process, and distribute additional commodities for the emergency food assistance program. Terminates such authority as of September 30, 1993.
Bill· HRH.R. 6119 (102nd)referred
United States · United States Congress · 3 October 1992
State Health Care Financing Equity Act of 1992 - Amends the Employee Retirement Income Security Act of 1974 (ERISA) to waive ERISA preemption requirements so as to allow States to: (1) provide for State universal health plans, State risk pools for the medically uninsurable, or prospective payment systems; and (2) impose State provider taxes.
Bill· HRH.R. 6118 (102nd)referred
United States · United States Congress · 3 October 1992
Minority Capital Formation Act of 1992 - Amends the Internal Revenue Code to allow a deduction for investment in qualified minority fund interests. Limits such deduction to $300,000 ($150,000 in the case of a married individual filing separately). Allows a deduction for investment in the stock of small minority business corporations, up to certain limits. Allows a taxpayer to elect, in lieu of such deduction, to take a credit of: (1) 15 percent of the aggregate bases of qualified minority fund interests; or (2) ten percent of the aggregate bases of small minority business stock. Limits the amount of such credit. Provides carryover provisions for the deduction and the credit. Provides for recapture of such deductions in computing bases for capital gains purposes. Requires an interest charge on the disposition within five years of any property whose bases have been reduced by such a deduction. Excludes from gross income 50 percent of any gain on the sale or exchange of any property by a qualified minority fund if such property was held for at least five years. Defers qualified reinvested capital gain, in the case of an individual, for up to the ninth year after the sale or exchange. Places a dollar limitation on such amount. Makes ineligible for such deferral married individuals who do not file joint returns and estates or trusts. Terminates such deferral if qualified property is disposed of before five years after its purchase.
Bill· HRH.R. 6120 (102nd)referred
United States · United States Congress · 3 October 1992
Excludes unemployment compensation received during 1992 by low- or moderate-income individuals from their gross income, for Federal income tax purposes under the Internal Revenue Code.
Bill· HRH.R. 6123 (102nd)referred
United States · United States Congress · 3 October 1992
Amends the Endangered Species Act of 1973 to prohibit a Federal official or employee from enforcing or implementing a designation of critical habitat, a protective regulation, or a recovery plan without the preparation and publication of an economic impact analysis. Provides for: (1) the limitation of economic losses resulting from the listing of a species as endangered or threatened; and (2) compensation for loss or diminishment in value. Authorizes appropriations to carry out such Act.
Resolution· HRESH.Res. 595 (102nd)referred
United States · United States Congress · 3 October 1992
Subjects the accounts and operations of the House of Representatives to an annual financial and performance audit conducted on a fiscal year basis by an independent accounting firm. Requires the Director of Nonlegislative and Financial Services to: (1) use a competitive bidding process to select the firm to conduct the audit; and (2) oversee the firm in conducting such audit.
Law· SS. 3309 (102nd)enacted
United States · United States Congress · 2 October 1992
Amends the Peace Corps Act to: (1) extend authorizations of appropriations for the Peace Corps through FY 1993; (2) establish the Foreign Currency Fluctuations, Peace Corps, Account to pay expenses for Peace Corps operations which exceed appropriations for such expenses as a result of currency exchange rate fluctuations. Authorizes appropriations for such Account. Requires the Director of the Peace Corps to contract with an eligible organization to conduct three evaluations of the health care needs of Peace Corps volunteers and the adequacy of the Peace Corps health care system.
Bill· SS. 3310 (102nd)referred
United States · United States Congress · 2 October 1992
Agricultural Credit Amendments Act of 1992 - Title I: Farmers Home Administration Loans - Amends the Consolidated Farm and Rural Development Act to state that the interest rate for loans sold into the secondary market may be lower than the interest rate on the retained portion, but may not exceed the average interest rate charged by the lender on loans made to farm and ranch borrowers. Provides for Federal-State coordination of assistance for beginning farmers and ranchers. Directs the Secretary of Agriculture (Secretary) to establish an Advisory Committee on Beginning Farmers and Ranchers. Authorizes the Secretary to make grants for rural passenger transportation services or facilities. Directs the Secretary to establish within the farm ownership loan program a ten-year down payment loan program for beginning farmers and ranchers. Sets forth loan terms. Limits the availability of certain agricultural loans and guarantees to beginning farmers and ranchers during specified applicable periods. Directs the Secretary to establish a program of assistance (ten-year maximum) for beginning farmers and ranchers. Requires an applicant to submit a farm operations plan (plan) to the appropriate county committee, which must be approved by the committee and by the Secretary. Provides assistance in the form of operation and equipment loan guarantees. Gives applicants priority for equipment purchases in the Farmers Home Administration (FmHA) inventory. Terminates assistance for avoidable failure to achieve plan goals. Directs the Secretary to: (1) establish a program to encourage borrowers with operating loans or guarantees to graduate to private commercial credit sources; and (2) provide for the graduation of FmHA direct loan borrowers to FmHA guaranteed loans. Authorizes the leasing or leasing-with-purchase-option of certain FmHA inventory land not otherwise suitable for sale. Sets forth provisions regarding the transfer of Indian lands pledged as FmHA loan collateral, including properties containing a hazardous substance. Sets forth debt service margin requirements, including establishment of a certified lenders program. Defines "qualified beginning farmer or rancher" for assistance purpose. Sets aside specified percentages of operating and ownership loan assistance for beginning farmers or ranchers. Permits a borrower to appeal a loan appraisal determination. Title II: Farm Credit System - Amends the Farm Credit Act of 1971 to repeal the prohibition against guarantees of debt instruments whose income is tax exempt. Authorizes the Farm Credit Administration to approve competitive charters of Farm Credit System institutions under specified circumstances. Title III: Miscellaneous - Amends the Agricultural Credit Act of 1987 to increase the Federal assistance ceiling for State agricultural loan mediation programs. Title IV: Recreational Hunting Safety - Recreational Hunting Safety and Preservation Act of 1991 - Makes it unlawful to intentionally obstruct a lawful hunt (as defined by this Act) within a national forest. Establishes: (1) civil penalties for such violations; (2) procedures for individual and government agent complaints; and (3) permitted uses of collected penalty money. Authorizes injunctive relief. Permits an affected individual or sportsman's organization to bring a civil action to recover actual and punitive damages and attorney's fees.
Bill· SJRESS.J.Res. 345 (102nd)referred
United States · United States Congress · 2 October 1992
Constitutional Amendment - Declares that neither the Supreme Court nor any inferior court of the United States shall have the power to instruct or order a State or political subdivision thereof, or an official of such State or political subdivision, to lay or increase taxes.
Bill· HRH.R. 6100 (102nd)referred
United States · United States Congress · 2 October 1992
American Consumers Health Care Reform Act of 1992 - Title I: Immediate Health Care Reforms - Subtitle A: Expansion of Medicaid Program - Amends title XIX (Medicaid) of the Social Security Act to mandate Medicaid eligibility for all residents of a State: (1) who are U.S. citizens or nationals or lawful resident aliens; (2) whose income does not exceed specified percentages of the poverty level, increasing those percentages between the first and second effective fiscal years; and (3) whose resources do not exceed the limits set by title XVI (Supplemental Security Income) of the Social Security Act. Terminates, two years after this Act becomes effective, payments to States (and State obligations to provide assistance) under Medicaid, except for outpatient prescription drugs and biologicals, home health care, nursing facility services, community supported living, home and community-based services, and other items and services that relate to long-term care and are not covered under Medicaid provisions added by this Act. Includes in the assistance made available under this Act assistance for the same amount, duration, and scope as under certain Medicaid provisions relating to medical assistance, except for nursing facility or home health care services. Regulates cost-sharing: (1) prohibiting it for services related to pregnancy, preventive services, or services to children under 19; (2) limiting it for individuals whose income is under 50 percent of the poverty level; (3) specifying copayment amounts for other services and individuals; and (4) limiting total cost-sharing per year. Phases in an increased Federal medical assistance percentage (FMAP) for acute care services and a modified FMAP for items and services other than acute care services. Prohibits assistance under these provisions and the increased FMAP unless the State continues to provide home health care and nursing facility services. Directs the Secretary of Health and Human Services to develop standards for State long-term care plans under existing Medicaid provisions at the end of a specified transition period. Mandates a report on the impact on States of the FMAP decrease for outpatient prescription drugs. Amends Medicaid provisions to establish a Federal medical assistance program regarding acute care services for poor individuals and certain assistance for Medicare (title XVIII of the Social Security Act) cost-sharing for certain Medicare beneficiaries. Authorizes appropriations to carry out the provisions relating to the new program and such Medicare assistance. Mandates payment for items and services furnished to: (1) U.S. citizens, nationals, or lawful resident aliens; (2) whose incomes do not exceed specified percentages of the poverty level, increasing those percentages in the third through fifth effective fiscal years; and (3) whose resources do not exceed a specified level. Mandates payment for Medicare cost-sharing for: (1) Medicare beneficiaries; (2) disabled and working individuals, as defined in specified provisions; and (3) individuals who would be Medicare beneficiaries but for their income being between 100 and 120 percent of the poverty line. Specifies covered services, including certain: (1) inpatient and outpatient hospital services; (2) consistent with State law, rural health clinic services; (3) other laboratory and X-ray services; (4) screening, diagnostic, and treatment services; (5) family planning services and supplies; (6) physician's services; (7) medical and surgical services furnished by a dentist; (8) nurse-midwife services; and (9) pediatric or family nurse practitioner services. Excludes certain nursing facility and home health care services. Prohibits fixed limitations on the amount, duration, and scope of medically necessary services. Phases in, over two years, a requirement that payment rates for such services be the same under Medicaid as under Medicare. Mandates adjustment of such payment rates for demographic and geographic characteristics. Limits payments for such services based on Medicare participation conditions and agreements. Regulates cost-sharing: (1) prohibiting it for services related to pregnancy, preventive services, or services to children under 19; (2) limiting it for individuals whose income is under 50 percent of the poverty level; (3) specifying copayment amounts for other services and individuals; and (4) limiting total cost-sharing per year. Requires: (1) eligibility for these services to be determined by the same entity in a State that determines eligibility for benefits under title XVI (Supplemental Security Income) of the Social Security Act; and (2) payment to providers to be made through the same entity or entities that make provider payments under Medicare, as amended by this Act. Mandates encouragement of the development and application of managed care arrangements to the provision of such services, including primary care case-management arrangements, health maintenance organizations, and competitive medical plans. Requires comprehensive managed care arrangements to include capitation payments at a level equivalent to payments that would be made for individuals not enrolled in such an arrangement. Requires State maintenance of effort, phasing in over nine years an increased Federal percentage and phasing out over the same period the FMAP for services not covered. Mandates a study on the effect of the State maintenance of effort requirements on different States and on the relation of the total amount of maintenance of effort to the long-term care needs in each State. Subtitle B: Medicare Reform - Directs the Secretary of Health and Human Services to take steps to consolidate the administration of Medicare parts A (Hospital Insurance) and B (Supplementary Medical Insurance) over a five-year period, contracting with a single entity that combines the intermediary and carrier functions in each area, except where special regional or national contracts are appropriate. Mandates development of payment proposals that eliminate inconsistent incentives under Medicare. Subtitle C: Health Benefit Plan Reform - Part 1: Preemption of State Mandatory Benefit Laws and Anti-Managed Care Laws - Preempts State laws, as applied to a qualified small employer (not over 100 employees) purchasing group (having at least 100 employer members per State): (1) requiring the offering, by an employer member, of any health benefit plan services, category of care, or services of any class or type of provider; or (2) prohibiting a group of employers from purchasing health insurance with respect to member employers or their employees. Preempts State laws: (1) restricting carriers from negotiating provider reimbursement rates or contracting selectively with one provider or a limited number of providers; (2) limiting the financial incentives a health benefit plan may require a beneficiary to pay when a non-plan provider is used on a non-emergency basis; or (3) restricting utilization review in certain ways. Requires the Comptroller General to study the benefits and cost effectiveness of the use of managed care in the delivery of services. Ends the preemptions mandated by this paragraph five years after enactment of this Act. Part 2: Restriction on Pre-Existing Condition Provisions for Employer Health Insurance - Prohibits a carrier from imposing certain preexisting condition limitations or exclusions. Requires carriers to waive a preexisting condition waiting period in certain circumstances. Part 3: Small Employer Insurance Market Reforms - Requires a carrier that offers a small employer health plan in a State to offer the same plan to any other small employer in the State. Allows refusal to issue or renew (or termination of) such a plan only for nonpayment of premiums, fraud, or misrepresentation. Requires, after a minimum benefit package is established under provisions of this Act, that each such carrier make available a plan that only provides for such minimum benefits. Declares that a plan offered through an association composed exclusively of employers (which may include self-employed individuals) and formed for purposes other than obtaining health insurance need not be offered to individuals who are not employees of employer members or self-employed members. Allows health maintenance organizations to have geographic and size limits. Requires: (1) a single cohesive rating system applied consistently for all small employers and actuarially certified annually; and (2) the reference premium rate charged for a small employer health plan with similar benefits in a community for a type of family enrollment to be the same for all small employers. Allows limited reference premium rate adjustment based on the age and gender of covered individuals. Requires each small employer health plan to permit enrollment of three classes: (1) one adult; (2) a married couple without children; and (3) a married couple with one or more children or one adult with one or more children. Part 4: Establishment of Standards; Enforcement; General Definitions - Mandates development of standards to carry out parts 2 and 3 of this subtitle. Requires each State to report to the Secretary on the enforcement of the standards. Permits more stringent State standards. Directs the Secretary to provide for enforcement if a State fails to do so and with respect to plans not subject to State regulation. Amends the Internal Revenue Code to impose a tax on the failure of any carrier to comply with part 2 standards or of any small employer carrier to comply with part 3 standards. Subtitle D: Medical Malpractice Reform - Part 1: General Provisions - Applies this subtitle to any medical malpractice liability action in any State or Federal court, except regarding: (1) a vaccine-related injury or death covered by certain provisions of the Public Health Service Act; or (2) injuries allegedly arising solely from the use of a medical product. Preempts inconsistent State laws. Part 2: Uniform Standards for Medical Malpractice Liability Actions - Sets forth time limits for bringing medical malpractice liability claims. Prohibits bringing such a claim in a State court unless the claim has been initially resolved under an alternative dispute resolution system (ADR) certified by the Secretary under this Act. Gives an ADR decision the same status, for purposes of court enforcement, as the verdict of a medical malpractice action adjudicated in a State or Federal trial court. Provides for the treatment of an ADR decision regarding going forward with the action and the burden of proof. Amends Federal law relating to judicial procedure to require each Federal agency to use an alternative means of dispute resolution to settle a medical malpractice claim against the United States. Mandates a pretrial settlement conference. Limits: (1) noneconomic damages to a specified dollar amount; and (2) punitive damages to twice the damages awarded to the plaintiff and the plaintiff's family. Requires any punitive damages to be paid to the State in which the action is brought. Requires that State to use such amounts to carry out activities to assure the safety and quality of health care services, including: (1) licensing health care providers; (2) operating ADRs; (3) operating public education programs; and (4) carrying out programs to reduce malpractice-related costs for providers volunteering services in medically underserved areas. Mandates periodic payment for future losses, if over a specified amount. Limits contingent plaintiff's attorney's fees. Mandates awarding attorney's fees, expert fees, and certain other litigation expenses to the contesting party if the court upholds an ADR ruling. Makes medical malpractice liability several only and not joint, with each defendant being liable only for their percentage of the responsibility. Prohibits a finding of negligence in a medical malpractice liability action unless the conduct at the time of providing the services was not reasonable. Declares it to be a complete defense that the defendant followed the appropriate practice guideline, provided the Secretary has sanctioned the use of the guideline for purposes of an affirmative defense. Sets forth a sanctioning process. Declares that a prima facie case of negligence is not presented solely by showing that the defendant failed to follow the appropriate practice guideline. Prohibits a finding of malpractice relating to services during labor or delivery if the defendant did not previously treat the plaintiff for the pregnancy unless the malpractice is proven by clear and convincing evidence. Specifies the ways and extent to which this part supersedes State laws. Part 3: Requirements for State Alternative Dispute Resolution System (ADR) - Lists requirements for State ADRs, including that they: (1) apply to all medical malpractice claims under the State courts; and (2) transmit findings of malpractice to the State agency responsible for monitoring or disciplining providers. Requires application of the provisions of part 2 to claims under a State's ADR as such provisions apply to actions brought in the State. Provides for certification of State ADRs. Mandates a report to the Congress describing and evaluating State ADRs. Part 4: Other Requirements and Programs - Amends the Social Security Act to authorize appropriations (and modify existing authorizations of appropriations) to carry out provisions regarding research on outcomes of health care services and procedures, earmarking funds for sanctioning practice guidelines for an affirmative defense in medical malpractice liability actions. Directs the Secretary, in order to facilitate the research, to conduct and support data collection on medical malpractice actions. Mandates: (1) development of a standard reporting form for State ADRs regarding resolved disputes; and (2) a study on the effect of the malpractice guidelines developed by the Administrator for Health Care Policy and Research on malpractice incidence and costs. Allows, notwithstanding any other provision of State or Federal law, a State agency responsible for disciplinary actions for a type of health care practitioner to enter into agreements with State or county professional societies to participate in the licensing of such practitioner and the review of any malpractice action or allegation or other information concerning the practice patterns of the practitioner. Requires each State to require: (1) each health care professional and provider to participate in a risk management program to prevent and provide early warning of practices which may endanger patients; and (2) each malpractice insurance provider to establish risk management programs and require those maintaining insurance to participate. Mandates grants: (1) for the conduct of basic research on the prevention of and compensation for injuries resulting from health care professional or provider malpractice and research on the outcomes of health care procedures; (2) to States to improve each State's ability to license and discipline health care professionals; (3) for public education on appropriate health care use and realistic expectations; (4) for public education on the resources and role of health professional licensing and disciplinary boards; and (5) for developing faculty training and curricula for educating health professionals in quality assurance, risk management, and medical injury prevention. Authorizes appropriations. Mandates a study on the factors preventing or discouraging physicians from volunteering to provide services in medically underserved areas. Subtitle E: Medical Education Reform - Amends Medicare provisions to require that, ten years after enactment of this Act, half of: (1) direct graduate medical education cost payments be made for residency training in primary care fields; and (2) indirect medical education cost payments be made for physicians in primary care fields. Amends the Public Health Service Act to require that, ten years after enactment of this Act, half of all new insured loans to and installments on lines of credit for graduate students in health professions schools be made for students in primary care fields. Requires each State to develop a comprehensive plan to identify the health personnel needs of its residents. Subtitle F: Public Delivery System - Mandates development of national standards to identify medically underserved populations. Requires each State to develop a comprehensive plan for addressing the needs of such populations under such standards. Authorizes appropriations for additional grants to migrant and community health centers and programs for health services for the homeless to provide for at least one publicly-funded health center in each such identified area. Directs the Secretary to promote individual responsibility in personal health care and in the use of health care resources. Declares that it is the sense of the Congress that the amounts appropriated under provisions relating to the general authority of the Secretary regarding health information and health promotion should be increased sufficiently to permit the Office of Disease Prevention and Health Promotion to carry out specified activities. Directs the President to provide for the coordination and, to the extent appropriate, consolidation of all Federal nutrition activities. Requires establishment of at least four demonstration projects to test alternative ways of promoting informed decision making by providers and patients on the appropriate utilization of expensive life-sustaining technology. Specifies four projects which must be included. Authorizes appropriations. Mandates: (1) development of an action plan for reducing the U.S. incidence of specified health risk factors such as smoking, overweight, sedentary lifestyle, and failure to use seat belts; and (2) identification of Federal policies that may hinder attainment of the plan goals. Subtitle G: Public Disclosure - Directs the Secretary to establish standards for the collection and disclosure of health care data under this subtitle, including a computerized system, a uniform claims format, a mechanism to avoid duplicating Medicare and Medicaid services reporting and to coordinate data collected for such services with other health care services, and a quality- and effectiveness-measuring methodology. Allows the collection and disclosure requirements of this subtitle to be implemented by a State or by the Secretary. Authorizes appropriations. Requires the implementing entity to collect, and data sources to submit, specified data. Mandates publication of specified data, including on at least the most frequent 65 percent of services and payments and including comparisons among providers regarding payments and service effectiveness. Provides for special reports from raw data and for a means for computer-to-computer access to any purchaser. Provides for public access to the data. Prohibits release of specified types of information and imposes criminal penalties. Sets forth procedures for access by purchasers and other parties. Subtitle H: Tax Incentives to Provide Only Minimum Benefits - Amends the Internal Revenue Code to disallow a trade or business expense deduction for health care benefits exceeding the minimum benefits package under title II of this Act. Excludes from an employee's gross income employer-provided health coverage, but only up to the minimum benefit package. Removes provisions ending, on a specified date, the deductibility of a specified percentage of the health insurance expenses of self-employed individuals. Makes the cost of the minimum benefit package coverage fully deductible for such individuals. Title II: National Health Care Reform Proposals - Subtitle A: National Health Care Reform Commission - Establishes the National Health Care Reform Commission, requiring it to: (1) develop national health care goals to improve access to health care, safeguard and improve quality, and control costs; and (2) advise the Secretary on subtitle B demonstration projects and make related evaluations and recommendations. Requires the Commission to submit to the Congress a legislative proposal specifying a minimum benefit package to be used for a demonstration project under this title. Declares that the package, if approved by enactment of a joint resolution, shall also be used for implementing subtitle C (Health Benefit Plan Reform) of title I and determining the tax treatment of employer-paid employee health benefits in excess of the minimum package. Requires: (1) coverage of medically appropriate and cost effective preventive, diagnostic, and therapeutic services; and (2) cost-sharing providing an incentive to avoid unnecessary care while avoiding excessive cost-sharing by individuals with catastrophic illnesses. Sets forth rules, changeable as any other rules of the House of Representatives or the Senate, for the consideration of such a joint resolution. Subtitle B: Demonstration Projects on Alternative Financing and Delivery Systems - Mandates establishment of such demonstration projects as necessary to test alternative methods for organizing the structure of the U.S. health care financing and delivery system. Authorizes the Secretary to initiate projects and seek applications from States. Prohibits projects from increasing Medicare and Medicaid expenditures. Authorizes waivers, as necessary, of requirements of Medicare, Medicaid, the Employee Retirement Income Security Act of 1974, and specified antitrust laws. Requires the Secretary to provide for the transfer from the Federal Hospital Insurance Trust Fund of sums as necessary to provide for evaluations of the projects.
Bill· HRH.R. 6093 (102nd)referred
United States · United States Congress · 2 October 1992
Airport and Airway Safety, Capacity, Noise Improvement and Intermodal Transportation Act of 1992 - Title I: Airport and Airway Improvement Act Amendments - Amends the Airport and Airway Improvement Act of 1982 to declare that it is a goal of the United States to develop a national intermodal transportation system. Authorizes appropriations for FY 1993 through 1995 for: (1) airport development and planning projects; (2) air navigation facilities; (3) weather reporting services for the Federal Aviation Administration (FAA); (4) FAA operations; and (5) expenses incurred in joint financing of air navigation services and in maintaining air navigation facilities. Authorizes appropriations for FY 1994 to augment the Airway Capital Investment Plan, if the Secretary of Transportation (Secretary) determines it is necessary (including a determination with respect to the establishment of more than 23 area control facilities). Amends the Federal Aviation Act of 1958 to revise the minimum Federal appropriation levels which permit imposition of local airport passenger facility fees on airline passengers. Amends the Airport and Airport Improvement Act of 1982 to increase the apportionment of airport development and planning funds for: (1) airports which are served by aircraft providing only air cargo (including mail) transportation; and (2) primary airports. Reduces from 49.5 percent to 44 percent the ceiling on the total amount of all such apportionments in the event any Act of Congress has the effect of limiting or reducing the obligational ceiling for the airway improvement program. Extends the special apportionment treatment of Alaskan airports to those public airports in Alaska that received scheduled service as of September 3, 1982, but were not apportioned funds in FY 1980 because they were not under State or local public agency control. Requires not less than 2.25 percent of airport development and planning funds for FY 1993 through FY 1995 be set-aside for development of current and former military airports. Requires the Secretary to designate such airports for participation in such set-aside program. (Currently, the Secretary is required to designate not less than eight current or former military airports.) Authorizes a specified amount of discretionary airport development and planning funds for FY 1993 through FY 1995 for construction, improvement, or repair of airport surface parking lots, fuel farms, and utilities at such airports. Raises from 10 percent to 15 percent the minimum obligation of apportioned and discretionary funds for airport noise compatibility planning, but reduces it to 12.5 percent in FY 1994 and 1995 if the airway improvement program funds available are less than specified amounts. Authorizes the maximum obligation of the United States for airport development and planning projects for FY 1993 to be increased for an airport (other than a primary airport) by a specified amount. Authorizes the Secretary, in cases where a commercial service airport annually has .05 percent or less of the total enplanements in the United States, to approve, as allowable project costs of an airport development project at such airport, any terminal development in revenue-producing areas and construction, reconstruction, repair, and improvement of nonrevenue-producing parking lots if the sponsor certifies that no project for needed airport development affecting safety, security, or capacity will be deferred by such approval. Sets the Federal share of allowable costs for terminal development at such an airport at 85 percent. Prohibits letters of intent issued by the Secretary from conditioning the obligation of funds for airport development projects on the imposition of a passenger facility charge. Includes as an "airport development" activity the: (1) acquisition or installation at or by a public -use airport of aircraft deicing equipment and structures (other than aircraft deicing fluids and storage facilities for such equipment and fluids); (2) relocation of an air traffic control tower and any navigational aid (including radar) if such relocation is necessary to carry out an approved project; (3) construction, reconstruction, repair, or improvement of an airport (or any purchase of capital equipment for an airport) which is necessary for compliance with specified Federal laws, other than construction or purchase of capital equipment which would benefit a revenue-producing area of the airport used by a nonaeronautical business; and (4) acquisition of land for, or work necessary to construct, a pad for deicing aircraft before takeoff at a commercial service airport, including construction or reconstruction of paved areas, drainage collection structures, treatment and discharge systems, appropriate lighting, and paved access for deicing vehicles and aircraft (but excluding acquisition of aircraft deicing equipment and fluids and construction and reconstruction of storage facilities for such equipment and fluids). Requires as a condition precedent to approval of an airport development project: (1) public availability of any report of the airport budget; and (2) specified kinds of public participation in the project. Repeals the requirement for an annual report to the Congress on the national airways system. Includes Alaskan and Hawaiian airports in the coverage of the Act with respect to passengers enplaned on international flights. Extends the State block grant pilot program for airports through FY 1996. Authorizes the Secretary to designate up to seven (currently, three) qualified States (including Illinois, Missouri, and North Carolina) for participation in such program. Amends the Aviation Safety and Capacity Expansion Act of 1990 to extend the prohibition against the fraudulent use of "Made in America" labels on products sold in or shipped to the United States, and against discrimination by foreign governments against U.S. products, to the award of Federal contracts or grants under a specified section of Federal transportation law or the Airport and Airway Improvement Act of 1982. Authorizes the Administrator of the FAA to make grants to up to four vocational technical institutions for acquisition or construction of facilities for the advanced training of maintenance technicians for air carrier aircraft. Sets forth grant eligibility requirements. Authorizes appropriations. Directs the Administrator of the FAA to develop and submit annually to specified congressional committees a report on: (1) the staffing standards used to determine the number of air traffic controllers needed to operate the air traffic control system of the United States; (2) a three-year projection of the number of air traffic controllers needed to operate such system to meet such standards; and (3) a detailed plan for employing such controllers, including projected budget requests. Requires the Administrator of the FAA to hire additional air traffic controllers so as to make the controller work force not less than 18,128 on September 30, 1993. Prohibits the FAA from entering into any contract on or before September 30, 1994, with a private person for the operation of an airport control tower at any airport which in FY 1990 had 5,500 or more air carrier operations and 40,000 or more air taxi operations unless the airport owner or operator first agrees to the FAA Administrator's entering into such contract. Directs the Administrator of the FAA to study and report to specified congressional committees on: (1) the social, economic, and health effects of airport noise on populations within 65, 60, and 55 LDN noise areas to determine the actual level at which noise creates an adverse impact on populations; and (2) the effect of single event noise on populations. Directs the Administrator of the FAA to: (1) increase the employment of aviation safety inspectors to a specified level by the end of FY 1995; and (2) require, by regulation, procedures to improve safety of aircraft operations during winter conditions. Amends the Federal Aviation Act of 1958 to direct the Administrator of the FAA to update and arrange for publication of clearly defined routes for navigating under visual flight rules through a complex terminal airspace area, and to and from an airport located within such an area. Directs the Secretary to study and report to the Congress on: (1) whether the safety benefits derived from the reflectorization of runways and taxiways of all military airfields under Federal Specification TT-B-1325B should be extended to runways and taxiways of public use airports; (2) the purchase of land for development over five years after purchase (landbanking) and of options to purchase land for airport development, and whether such projects should be funded under the Airport Improvement Program; (3) the current Federal program for monitoring the installation and operation of lighting systems for aircraft obstructions and airport runways; (4) the economic benefits of carrying out airport development projects in "redevelopment areas" under the Public Works and Economic Development Act of 1965; and (5) the ability of airports which annually enplane .05 percent or less of total enplanements in the United States to finance the maintenance of runways, aprons, and taxiways constructed under the Airport Improvement Program. Authorizes the Secretary to make grants under the Aviation Safety and Noise Abatement Act of 1979 for projects to soundproof residential buildings if specified conditions are met. Amends the Airport and Airway Safety and Capacity Expansion Act of 1987 to revise conditions with respect to a release from certain terms and restrictions contained in a certain instrument conveying land on which Laredo International Airport is located to the city of Laredo, Texas. Allows Laredo to grant leases of up to 40 years (currently, 20 years) at below fair market value at the airport. Directs the Administrator of the FAA to study and report: (1) to specified congressional committees on the current and projected need for air traffic control and related services in the airspace around Tucson, Arizona; and (2) to the Congress on increased air traffic over Grand Canyon National Park. Title II: Federal Aviation Act Amendments - Amends the Federal Aviation Act of 1958 to authorize the Administrator of the FAA to enter into a contract, on a sole source basis, with a State or political subdivision to permit it to operate a level I visual flight rules airport traffic control tower if the Administrator determines that such State or political subdivision can comply with certain safety and subcontracting requirements. Authorizes, at the discretion of the Administrator of the FAA, the reimbursement of travel, transportation, and subsistence expenses for the security training of non-Federal domestic and foreign security personnel who contribute to civil aviation security. Requires all persons to give adequate public notice of the establishment or expansion, or the proposed establishment or expansion, of any structure or sanitary landfill where such notice will promote safety in air commerce and preserve the navigable airspace and airport traffic capacity at public-use airports. Directs the Secretary of Transportation to study and report to the Congress on whether a municipal solid waste facility located within a five-mile radius of the end of a runaway may have the potential for attracting or sustaining bird movements (from feeding, water, or roosting) that may pose a hazard across the runways or approach and departure patterns of aircraft. Establishes the National Commission to Ensure a Strong Competitive Airline Industry to investigate the financial condition of the airline industry, the adequacy of competition in it, and legal impediment to a financially strong and competitive airline industry. Requires the Commission to submit a specified report to the Congress. Title III: Research, Engineering, and Development - Federal Aviation Administration Research, Engineering, and Development Authorization Act of 1992 - Amends the Airport and Airway Improvement Act of 1982 to authorize FY 1993 and 1994 appropriations for specified areas of airway improvement research, engineering and development, and demonstrations. Directs the Secretary to report to the Congress on the feasibility of requiring commercial airports and/or commercial airlines to employ portable equipment to deice commercial aircraft before takeoff by placing such equipment close to the departure end of the active runway. Requires the Secretary to research to develop new techniques and more efficient fluids and technologies for deicing. Requires the Administrators of the FAA and the National Aeronautics and Space Administration to jointly conduct a research program to develop new technologies for quieter subsonic jet aircraft engines and airframes by the year 2000. Prohibits a person from affixing "Made in America" labels to products that are not domestic products of the United States. Makes any person that violates such prohibition ineligible for the award of a Federal contract. Requires the head of each Federal agency conducting procurements to comply with the requirements of the Buy American Act. Title IV: Aviation Insurance - Amends the Federal Aviation Act of 958 to authorize Federal agencies to purchase aviation insurance covering any aircraft engaged in intrastate, interstate, or overseas air commerce for any risk (including war risk) if the aircraft operation is in the performance of an agency contract or is for the transportation of military forces or material on behalf of the United States under an agreement between the United States and a foreign government. Extends the aviation insurance program from FY 1992 through FY 1997. Directs the Comptroller General to review and report to the Congress on the administration of the aviation insurance program during the Persian Gulf conflict in order to determine methods of improving efficiency by reducing the paperwork and time period required for providing such insurance. Title V: Extension of Airport and Airway Trust Fund - Amends the Internal Revenue Code to extend the authority of the Airport and Airway Trust Fund through October 1, 1995. Declares that, in the case of certain taxes imposed before January 1, 1993, the amounts to be appropriated to the Fund shall be determined without regard to any increase in a rate of tax enacted by the Revenue Reconciliation Act of 1990.
Bill· HRH.R. 6114 (102nd)referred
United States · United States Congress · 2 October 1992
Taxpayer Debt Buy-Down Act - Amends the Internal Revenue Code to allow individuals with adjusted income tax liability to designate on their tax returns that a portion of such liability (not to exceed ten percent) be used to reduce the public debt. Establishes a Public Debt Reduction Trust Fund for the deposit of designated amounts. Makes amounts in such Trust Fund available only to pay at maturity, or to redeem or buy before maturity, any obligation of the Federal Government included in the public debt. Prohibits the reissuance of any obligation which is paid, redeemed, or bought with amounts from the Trust Fund. Amends the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) to provide for the sequestration of amounts designated to the Trust Fund. Specifies accounts exempt from such sequestration. Includes aggregated amounts designated to the Trust Fund and amounts sequestered to reduce the public debt in sequestration preview and final reports.
Bill· HRH.R. 6106 (102nd)referred
United States · United States Congress · 2 October 1992
Family Farm Protection Act of 1992 - Title I: Capital Gains Tax Reduction - Amends the Internal Revenue Code to reduce the individual and corporate capital gains rate from 34 percent to 15 percent. Reduces such tax to 7.5 percent for low- and middle-income taxpayers. Provides for the phaseout of personal exemptions and the overall limitation on itemized deductions to take into account adjusted gross income which has been reduced by net capital gain. Requires indexing, based on the gross national product deflator, of the adjusted basis of certain assets (corporate stock and tangible 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 transfer, solely for the purpose of determining gain or loss. Provides for indexing the limitation on capital losses of noncorporate taxpayers. Title II: Other Tax Incentives - Reinstates a five-percent investment tax credit for property placed in service after December 31, 1992. Removes the limitation on deductions for retirement savings. Makes permanent the deduction for health insurance costs of self-employed individuals.