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251 records in 1992

Records

Law· HRH.R. 5428 (102nd)enacted

Military Construction Appropriations Act, 1993

United States · United States Congress · 18 June 1992

Military Construction Appropriations Act, 1993 - Appropriates funds for FY 1993 for military construction functions administered by the Department of Defense (DOD) in specified amounts for: (1) military construction, Army; (2) military construction, Navy; (3) military construction, Air Force; (4) military construction, defense agencies (including a transfer of funds); (5) North Atlantic Treaty Organization (NATO) infrastructure; (6) military construction, Army National Guard; (7) military construction, Air National Guard; (8) military construction, Army Reserve; (9) military construction, Naval Reserve; (10) military construction, Air Force Reserve; (11) family housing, Army; (12) family housing, Navy and Marine Corps; (13) family housing, Air Force; (14) family housing, defense agencies; (15) homeowners assistance fund, defense; and (16) the Department of Defense Base Closure Accounts (including a transfer of funds). Prohibits funds appropriated in military construction appropriation Acts from being expended for payments under a cost-plus-a-fixed-fee contract for work in excess of $25,000 to be performed within the United States, except Alaska, without the specific approval of the Secretary of Defense. Allows DOD construction funds to be available for: (1) the hire of passenger motor vehicles; and (2) advances to the Department of Transportation's Federal Highway Administration for the construction of defense access roads when certified by the Secretary as important to the national defense. Prohibits funds appropriated in this Act from being used to begin construction of new bases inside the continental United States for which specific appropriations have not been made. Prohibits military construction appropriation Act funds from being used: (1) to purchase land or easements for an amount in excess of 100 percent of their appraised value, with exceptions; (2) to acquire land, prepare sites, or install utilities for military family housing, except housing for which funds have been made available in military construction appropriation Acts; (3) to transfer or relocate any activity from one base or installation to another, without prior notification to the Senate and House Appropriations Committees; and (4) for the procurement of steel for any construction project or activity for which American steel producers, fabricators, and manufacturers have been denied the opportunity to compete. Prohibits funds available to DOD for military construction or family housing during the current fiscal year from being used to pay real property taxes in any foreign country. Prohibits funds appropriated in military construction Acts: (1) from being used to initiate a new installation overseas without prior notification to the Appropriations Committees; (2) from being obligated for architect and engineer contracts estimated to exceed $500,000 for projects to be accomplished in Japan or any NATO-member country, unless such contracts are awarded to U.S. firms or U.S. firms in joint venture with host nation firms; and (3) for U.S. military construction projects in U.S. territories and possessions in the Pacific and on Kwajalein Atoll from being used to award any contract estimated to exceed $1,000,000 to a foreign contractor, with an exception. Directs the Secretary to inform the Appropriations Committees and the Senate and House Armed Services Committees of the plans and scope of any military exercise involving U.S. personnel 30 days prior to its occurrence if amounts expended for construction for such exercise are anticipated to exceed $100,000. Transfers certain funds of the Military Family Housing Management Account to the appropriations for family housing. Prohibits more than 20 percent of the funds appropriated in military construction appropriation Acts which are limited for obligation during the current fiscal year from being obligated during the last two months of the fiscal year. Makes certain prior year funds available for military construction authorized during the second session of the 102d Congress. Directs the Secretary to report by February 15 annually to the Appropriations Committees detailing specific actions proposed to be taken by DOD during that fiscal year to encourage other member-nations of NATO, Japan, and Korea to assume a greater share of the common defense burden of such nations and the United States. Permits certain expired or lapsed funds to be used to pay certain overhead and other costs associated with military construction or family housing projects. Allows funds appropriated for military construction projects to be obligated until the end of the fourth fiscal year after the fiscal year in which the funds were appropriated, with certain conditions. Limits the amount of funds that may be obligated for the contract cleaning of military family housing units. Authorizes the transfer of unobligated DOD military construction and family housing operation and maintenance and construction funds to the foreign currency fluctuations, construction, defense appropriation. Prohibits any funds appropriated in this Act from being available for study, planning, design, or architect and engineer services related to the relocation of the Yongsan Garrison, Korea. Requires funds necessary for annual pay raises for programs funded by military construction appropriations Acts to be absorbed within the levels appropriated in each such Act. Considers defense access roads for Camp McCain, Mississippi, as fully meeting the requirement of certification by the Secretary as important to the military or civilian defense. Reconvenes the environmental response task force established under the National Defense Authorization Act for Fiscal Year 1991 and requires such task force, until all military base closure and realignment activities are completed, to: (1) monitor the progress of relevant Federal and State agencies in implementing the recommendations of the task force with respect to ways to improve, consolidate, and streamline environmental response actions taken at such installations; and (2) report to the Congress on ways to expedite and improve such actions.

Bill· HRH.R. 5436 (102nd)referred

Small Community Environmental Infrastructure Grants Act of 1992

United States · United States Congress · 18 June 1992

Small Community Environmental Infrastructure Grants Act of 1992 - Directs the Administrator of the Environmental Protection Agency to make grants to States for the establishment of small community environmental infrastructure funds. Makes such funds available to small communities for the construction of wastewater treatment works, public water systems, and solid waste management facilities and for assuring that underground storage tanks are in compliance with the Solid Waste Disposal Act. Sets forth provisions concerning grant payment schedules and allotment and reallotment requirements. Requires States to establish funds to receive such grants. Sets forth specific requirements for the use of such funds and for the grants to be provided to small communities. Permits States to provide assistance only to community wastewater treatment and solid waste management facilities and public water systems that are in compliance with plans under the Federal Water Pollution Control Act, the Safe Drinking Water Act, and the Solid Waste Disposal Act, as appropriate. Requires States to submit plans to the Administrator that identify the intended use of the funds. Directs States to reserve the greater of one percent of fund sums or $100,000 to carry out planning. Provides for the withholding of grant payments if a State is not in compliance with this Act's requirements. Requires the Administrator to establish an Office of Small Community Environmental Infrastructure Assistance to: (1) oversee and manage the grants and funds made under this Act; and (2) provide specified environmental and financial information to small communities. Authorizes the Office to provide grants to States, Indian tribes, and not-for-profit organizations to assist small communities in assessing issues related to the financing of environmental facilities, compliance with environmental laws, and the construction, operation, and rehabilitation of environmental infrastructure facilities. Requires such grants to be matched by non-Federal funds. Directs the Administrator to: (1) establish a program and plan to provide financial assistance to Indian tribes for carrying out the same environmental infrastructure projects on Federal Indian reservations; and (2) administer an environmental infrastructure fund for providing such assistance. Sets forth a matching requirement for such assistance. Authorizes and allocates appropriations.

Bill· HRH.R. 5397 (102nd)open

Abandoned Barge Act of 1992

United States · United States Congress · 15 June 1992

Abandoned Barge Act of 1992 - Amends Federal law to prohibit an owner or operator of a barge from abandoning it on U.S. navigable waters. Deems a barge not to to be abandoned if: (1) it is located at a federally- or State-approved mooring area; (2) it is on private property with the property owner's permission; or (3) the owner or operator notifies the Secretary of Transportation of the barge's location. Authorizes the Secretary to: (1) assess a civil penalty for violations of this Act; and (2) remove a barge that has been abandoned. Declares that the United States shall not be liable for damages resulting from such removal. Makes the owner or operator of an abandoned barge liable for expenses incurred by the United States in removing it. Declares that barge removal contractors and subcontractors are not liable for damages resulting from such removal, except in certain circumstances. Requires undocumented barges weighing 100 gross tons operating on U.S. navigable waters to be numbered.

Bill· HRH.R. 5384 (102nd)referred

To amend the Federal Aviation Act of 1958 relating to the civil penalty assessment program.

United States · United States Congress · 11 June 1992

Amends the Federal Aviation Act of 1958 to require the Administrator of the Federal Aviation Administration, before assessing a civil penalty against any certificate-holding airmen and air carriers, to: (1) advise them of the charges or reasons relied upon for the Administrator's proposed action; and (2) provide them with an opportunity to answer such charges and be heard as to why the civil penalty should not be assessed. Authorizes such individuals to appeal such a penalty to the National Transportation Safety Board (NTSB). Provides for the judicial review of a NTSB order. Authorizes the NTSB to change an Administrator's order amending, modifying, or reversing a certificate to an order assessing a civil penalty.

Law· HRH.R. 5368 (102nd)enacted

Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1993

United States · United States Congress · 10 June 1992

Title I: Multilateral Assistance - Makes appropriations for FY 1993 for the U.S. contribution to the: (1) International Bank for Reconstruction and Development (World Bank); (2) International Development Association; (3) International Finance Corporation; (4) Inter-American Development Bank; (5) Asian Development Bank; (6) Asian Development Fund; (7) African Development Fund; (8) European Bank for Reconstruction and Development (EBRD); and (9) the Enterprise for the Americas Investment Fund. Makes appropriations for FY 1993 for international programs and organizations. Limits the callable capital portion of the U.S. share of increases in the stock of the World Bank, the Inter-American Development Bank, the Asian Development Bank, and the EBRD. Title II: Bilateral Economic Assistance - Makes appropriations for FY 1993 for: (1) development assistance (including development assistance for Subsaharan Africa); (2) capital and infrastructure assistance activities; (3) the cost of direct loans and loan guarantees of funds derived from the Negative Subsidy Special Fund; (4) American schools and hospitals abroad; (5) international disaster assistance; (6) the Foreign Service Retirement and Disability Fund; (7) operating expenses of the Agency for International Development (AID) and the AID Office of Inspector General; (8) worldwide housing guarantees and for administrative expenses of such program; (9) the cost of modifying specified concessional loans and assets acquired by the Commodity Credit Corporation; (10) economic support fund assistance; (11) economic assistance to the Philippines; (12)economic assistance for Eastern Europe; (13) humanitarian and technical assistance to the former republics of the Soviet Union; (14) the African Development Foundation; (15) the Inter-American Foundation; (16) Overseas Private Investment Corporation (OPIC) direct and guaranteed loans, equity investment, and OPIC administrative expenses; (17) the Peace Corps (prohibits the use of such funds for abortions); (18) international narcotics control; (19) migration and refugee assistance, salaries and expenses authorized by the Foreign Service Act of 1980, and specified allowances and the hire of passenger motor vehicles; (20) the Emergency Refugee and Migration Assistance Fund; and (21) antiterrorism assistance. Title III: Military Assistance - Makes appropriations for FY 1993 for: (1) international military education and training; (2) foreign military financing and direct loans; and (3) international peacekeeping operations. Permits the procurement of defense articles and services or design and construction services not sold by the U.S. Government only by countries for which assistance was justified for the foreign military financing program in the FY 1989 congressional presentation for security assistance programs. Directs the Department of Defense, as requested by the Defense Security Assistance Agency, to conduct audits of private firms whose contracts are made directly with foreign governments and are financed with funds made available for foreign military financing grants or loans. Limits the amount of funds obligated for: (1) necessary expenses of the foreign military financing grant program; and (2) the Special Defense Acquisition Fund. Amends the Arms Export Control Act to redesignate the Guaranty Reserve Fund as the Foreign Military Loan Liquidating Account. Title IV: Export Assistance - Prohibits the use of Export-Import Bank funds for nuclear exports to a non-nuclear weapon state. Makes appropriations for FY 1993 for: (1) subsidizing gross obligations for the principal amount of direct loans, tied-aid grants, and total loan principal under Export-Import Bank programs; (2) administrative expenses to carry out the Bank's direct and guaranteed loan and insurance programs; and (3) the Trade and Development Program. Title V: General Provisions - Prohibits the use of funds appropriated in this Act (other than funds appropriated for international organizations and programs) for any water or related land resource project which has not met specified standards or criteria for such projects proposed for construction in the United States. Prohibits using funds made available pursuant to this Act for: (1) retirement pay for any person serving in the armed forces of any recipient country; (2) procurement contracts which do not authorize the termination of such contract for the convenience of the United States; or (3) paying any assessments, arrearages, or dues of any member of the United Nations. Prohibits using any of the funds appropriated in title II of this Act to carry out the transfer of funds to international or multilateral lending institutions. Limits the amount of funds made available under this Act to be used for: (1) official residence expenses, entertainment expenses, and representation allowances of AID; (2) entertainment expenses and representation allowances for foreign military financing programs, the Inter-American Foundation, and the Trade and Development Program; and (3) entertainment expenses for international military education and training programs and the Peace Corps. Prohibits the use of funds made available under this Act (other than funds for international organizations and programs) to finance the export of nuclear equipment, fuel, or technology. Prohibits the use of funds made available under this Act to: assist any foreign government in repressing the legitimate rights of its population; (2) finance assistance or reparations to Cuba, Iraq, Libya, Vietnam, Iran, or Syria; or (3) finance assistance to any country whose elected head of government is deposed by military coup. Prohibits the transfer of funds made available under this Act to other accounts unless the President provides a policy justification to the Appropriations Committees. Continues the availability of certain AID funds and funds for foreign military financing under the Arms Export Control Act, provided the Appropriations Committees are notified. Prohibits appropriations under this Act from remaining available after expiration of the current fiscal year, except as provided in this Act. Prohibits the use of funds made available under this Act to: (1) assist a country in default for more than a year on a loan under a program for which funds are appropriated under this Act (exempts from such prohibition funds for Nicaragua and for narcotics-related assistance for Colombia, Bolivia, and Peru); (2) be made available to any international financial institution whose U.S. representative cannot obtain the amounts and names of borrowers of all loans of such institution; or (3) be made available to any international financial institution whose U.S. representative cannot obtain any document developed by or in the possession of the management, unless such representative certifies that the confidentiality of information is essential to the institution's operation. Sets forth congressional notification requirements for the obligation of funds. Limits expenditures for consulting services through procurement contracts. Prohibits the use of funds appropriated under this Act to lobby for abortion. Prohibits the use of development assistance funds to pay for: (1) abortions or involuntary sterilizations as a method of family planning or to motivate or coerce any persons to practice abortions or undergo sterilization; or (2) any biomedical research concerning abortions or involuntary sterilization as a method of family planning. Reaffirms the congressional commitment to population, development assistance and the need for informed voluntary family planning. Authorizes funds for development and economic support assistance to be made available for humanitarian assistance to the Afghan people. Prohibits funds made available by this Act for a private voluntary organization which fails to provide records necessary for an AID audit. Allows earmarked funds to be reprogrammed for other programs within the same account if: (1) compliance with the earmark is made impossible by any Act; or (2) with respect to countries with which the United States has base agreements, the President determines that the recipient of funds has reduced its military or economic cooperation with the United States. Sets forth notification requirements for the reprogramming of such funds. Authorizes development and economic support assistance to be made available for humanitarian assistance for Cambodians. Amends the Foreign Assistance Act of 1961 to set forth the value of additions to stockpiles for FY 1992 and 1993. Extends the period during which the President may waive prohibitions on assistance to Pakistan to April 1, 1994. Authorizes development and economic support assistance funds to be made available for Lebanon. Permits funds appropriated by title II of this Act for activities relating to research on, and treatment and control of, acquired immune deficiency syndrome or for supporting specified programs to reduce emissions of greenhouse gases to be obligated notwithstanding restrictions on assistance to foreign countries.

Bill· HRH.R. 5362 (102nd)referred

General Aviation Standards Act of 1989

United States · United States Congress · 10 June 1992

General Aviation Standards Act of 1989 - Amends the Federal Aviation Act of 1958 (with respect to aviation accident investigations) to apply such Act, with specified exceptions, to any action for damages for harm arising out of a general aviation accident brought against a manufacturer, owner, or operator of a general aviation aircraft, or a person who supports, repairs, or maintains such aircraft or any other person or governmental entity. Establishes guidelines for uniform standards of liability of general aviation manufacturers for such accidents. States that all actions for harm arising out of a general aviation accident shall be governed by the principles of comparative responsibility. Establishes, with specified exceptions, a limitation of actions period of 12 years from delivery of aircraft or harm-causing part to the purchaser for general aviation civil liability brought against a general aviation manufacturer. Declares admissible as evidence certain income tax and payroll tax liability for purposes of establishing financial harm arising out of a general aviation accident. Permits the award of punitive damages if a claimant establishes by clear and convincing evidence that the harm suffered was the direct result of conduct manifesting conscious, flagrant indifference to safety. Establishes a two-year limitation of actions period for actions arising out of such an accident. Confers original jurisdiction upon the Federal district courts, concurrently with State courts, for all civil actions for harm arising out of a general aviation accident. Provides procedures for removal from State to Federal district courts of such actions. Declares that this Act supersedes any State law regarding recovery of damages for harm arising out of a general aviation accident. Declares the intent of the Congress that sanctions be strictly enforced for violations of Rule 11 of the Federal Rules of Civil Procedure, including orders to pay to the other party the reasonable costs of legal fees. Requires the Secretary of Transportation to report to the Congress, within one year after the date of enactment of this Act, the results of a study determining whether persons awarded damages for general aviation accidents under this Act are unable to collect such damages, and the amount of any uncollectible damages.

Bill· HRH.R. 5346 (102nd)open

Native Hawaiian Health Care Amendments of 1992

United States · United States Congress · 9 June 1992

Native Hawaiian Health Care Improvement Act - Amends the Native Hawaiian Health Care Act of 1988 to set forth the Native Hawaiian Health Care Improvement Act. Sets forth specified health objectives for Native Hawaiians to be met by the year 2000. Authorizes appropriations for implementing and updating the Native Hawaiian health care master plan. Makes Papa Ola Lokahi responsible for the: (1) implementation and updating of such plan; (2) training for specified health care practitioners, community outreach workers, counselors, and cultural educators; (3) identification of and research into the diseases that are most prevalent among Native Hawaiians; and (4) development of an action plan outlining the contributions that each member organization of Papa Ola Lokahi will make in carrying out this Act. Permits Papa Ola Lokahi to receive special project funds that may be appropriated for the purpose of research on the health status of Native Hawaiians or for addressing the health care needs of Native Hawaiians. Requires Papa Ola Lokahi to serve as a clearinghouse for: (1) the collection and maintenance of data associated with the health status of Native Hawaiians; (2) the identification and research into diseases affecting Native Hawaiians; (3) the availability of Native Hawaiian project funds, research projects, and publications; (4) the collaboration of research in the area of Native Hawaiian health; and (5) the dissemination of information pertinent to the Native Hawaiian health care system. Directs Papa Ola Lokahi to: (1) coordinate and assist the health care programs and services provided to Native Hawaiians; and (2) act as a statewide infrastructure to provide technical support and coordination of training and technical assistance to Native Hawaiian health care systems. Makes eligible for grants or contracts for providing health services to Native Hawaiian health care systems (currently, Native Hawaiian health centers or organizations or public or nonprofit private health providers). Limits to five (currently, nine) the number of grant or contract recipients. Revises matching fund requirements for such grants or contracts. Prohibits the awarding of grant or contract funds unless the recipient agrees that the funds will not be expended: (1) for purposes not listed under this Act; (2) to provide inpatient services; (3) to make cash payments to intended recipients of health services; or (4) to purchase or improve real property or to purchase major medical equipment. Extends the authorization of appropriations for such grants and contracts and for an administrative grant for Papa Ola Lokahi through 2001. Authorizes appropriations for the planning of Native Hawaiian health care systems. Directs the Secretary to provide funds through a direct grant or cooperative agreement to Kamehameha School/Bishop Estate for providing scholarship assistance for health profession training to Native Hawaiian students who meet certain requirements under the Public Health Service Act. Authorizes appropriations.

Bill· SS. 2810 (102nd)referred

Local Exchange Infrastructure Modernization Act of 1992

United States · United States Congress · 4 June 1992

Local Exchange Infrastructure Modernization Act of 1992 - Amends the Communications Act of 1934 to require the Federal Communications Commission (FCC) to exercise its authority to: (1) preserve and enhance universal telephone service at reasonable rates; (2) achieve universal availability of advanced network capabilities and information services; (3) assure a seamless nationwide distribution network through joint network planning, coordination, and service arrangements between and among local exchange carriers (LECs); (4) maintain high standards of quality for advanced network services; and (5) assure adequate communication for the public health, safety, defense, education, national security, and emergency preparedness. Defines "local exchange carrier" for purposes of such Act as a carrier that: (1) is required to provide upon request, under tariff or subject to other government oversight (by the FCC or a State commission), interstate and intrastate access services and telephone exchange service; (2) is, or was, a participant in one or more interstate pools established by the FCC, or would have been required to participate in one or more such pools had the carrier been engaged in interstate and intrastate access and telephone exchange service while such participation was mandatory; (3) is subject to the requirements imposed by the FCC or a State commission related to the provision of equal access; and (4) conforms with the provisions of the North American Numbering Plan applicable to the assignment of numbering resources for telephone exchange service, as defined by the Plan's Administrator. Requires the FCC to prescribe regulations that require: (1) joint coordinated network planning, design, and cooperative implementation among all LECs in the provision of public switched network infrastructure and services; (2) development of standards for interconnection between the LEC public switched network and others by appropriate standard-setting bodies; and (3) a LEC to share public switched network infrastructure and functionality with requesting LECs which serve a geographic area for which they lack economies of scale or scope for the particular required network functionality. Specifies that: (1) no LEC shall be prohibited from transporting or processing signalling and information for another LEC in adjoining or reasonably proximate serving areas upon request of that LEC to the same extent that the providing LEC is permitted to engage in such activities for itself; (2) nothing in such Act shall be construed to alter, limit, or supersede the authority of any State with respect to the regulation of intrastate communication service; and (3) nothing contained in Federal or State antitrust law shall render unlawful any action taken by a LEC or any individual or concerted action taken such as lobbying before the Congress, the FCC, or communicating by any means with other LECs, by any LEC, or its directors, officers, agents, employees, affiliates, subsidiaries, joint ventures, counsel, or other persons purporting to act on behalf of such carrier.

Bill· HRH.R. 5325 (102nd)referred

Action Now Health Care Reform Act of 1992

United States · United States Congress · 4 June 1992

Action Now Health Care Reform Act of 1992 - Title I: Improved Access to Affordable Health Care Coverage - Subtitle A: Increased Affordability and Availability for Employees - Directs the Secretary of Health and Human Services (the Secretary) to request the National Association of Insurance Commissioners (the NAIC) to develop model regulations requiring each carrier that makes available in a State any small employer health benefit plan to make available to each small employer in the State a MedAccess basic plan and a MedAccess standard. Directs the Secretary to develop such regulations, if the NAIC does not. Defines MedAccess plan as a health benefits plan that: (1) provides benefits typical of the benefits offered in the small employer health coverage market or provides only benefits for essential preventive and medical services and has an average actuarial value not exceeding 60 percent of the average actuarial value of the typical benefits offered in the small employer health coverage market; (2) accepts every small employer in the State applying for coverage and accepts for enrollment every eligible individual (defined as an individual who is a full-time employee and, if family coverage is offered, covers the employee's spouse and dependents under age 19 or under age 25 for students); and (3) meets consumer protection standards established by this Act relating to limitation of pre-existing condition clauses, continuity of coverage, renewability, and premium limitations. Prohibits the imposition, by a carrier, of a limitation of benefits based on the fact a condition pre-existed the effectiveness of the policy if: (1) the condition relates to a condition not diagnosed within three months before coverage under the plan; (2) the limitation extends beyond six months after coverage under the plan; (3) the limitation applies to an individual who, as of date of birth, was covered under the plan; and (4) the limitation relates to pregnancy. Requires continuous coverage. Prohibits cancellation of a plan or denial of coverage unless there is: (1) nonpayment of premiums; (2) fraud; (3) noncompliance with plan provisions; (4) failure to maintain the required number of enrollees; (5) misuse of a provider network provision; or (6) a cessation by the carrier of the provision of any plan in a State. Amends the Internal Revenue Code to impose an excise tax which shall be paid by the carrier on the failure of a carrier or an employer health benefit plan to comply with the provisions of the Act. Directs the Secretary to request the NAIC to develop models for reinsurance or allocation of risk mechanisms for individuals and small employers who are enrolled under a small employer health benefit plan that meets the consumer protection standards and for whom a carrier is at risk of incurring high costs under the plan. Requires each State to establish and fund one or more reinsurance or allocation or allocation of risk mechanisms that are consistent with a model. Directs the Secretary to develop models, if the NAIC does not. Permits a State, in order to insure the financial solvency of the mechanism, to impose charges on any entity providing employee-related health benefits, so long as such charges do not discriminate with respect to entities that would not be subject to such charges. Directs the Secretary to establish a reinsurance or allocation of risk mechanism, if a State does not. Imposes an excise tax which shall be paid by the carrier on the providing of any health benefit plan which covers any employee in a Federal reinsurance State. Permits either a State or the Secretary (in a Federal reinsurance State) to require each employer health benefit plan to: (1) be registered; and (2) provide such information as is necessary for the reinsurance or allocation of risk mechanisms. Directs the Secretary to: (1) establish an Office of Private Health Coverage to be headed by a Director appointed by the Secretary; and (2) provide for the appointment of an advisory committee to advise the Director. Permits the Director to research the impact of this subtitle and conduct related demonstration projects. Requires the Director to develop: (1) methods of measuring, in terms of the expected costs of providing benefits under small employer health benefit plans and, in particular, MedAccess plans, the relative health risks of eligible individuals; and (2) a model for equitably distributing health risks among carriers in the small employer health care coverage market. Authorizes appropriations for the purposes of this paragraph. Subtitle B: Improved Small Employer Purchasing Power of Affordable Health Insurance - Preempts from insurance mandates a qualified small employer purchasing group, if the group consists of employers with not more than 100 employees, the group consists of not fewer than 100 employers, and the health benefit plans with respect to the employer members are in compliance with applicable State laws relating to health benefit plans. Subtitle C: Health Deduction Fairness - Amends the Internal Revenue Code to make permanent and increase from 25 to 100 percent the health insurance tax deduction for the self-employed. Subtitle D: Improved Access to Community Health Services - Directs the Secretary to provide for a program of grants to migrant and community health centers receiving grants or contracts under provisions of the Public Health Service Act in order to promote the provision of primary health care services for underserved individuals. Authorizes appropriations. Amends the Public Health Service Act to deem as an employee of the Public Health Service, for purposes of civil actions against commissioned officers or employees, any officer, employee, or contractor who is a physician or other licensed health care practitioner while performing functions for an entity receiving Federal funds under provisions of the Public Health Service Act. Requires an entity, in order to receive a grant under such provisions, to implement certain policies to assure against malpractice. Requires: (1) the Attorney General to estimate the amount of all claims expected, during each year, to arise against such an entity from acts of officers or employees; (2) the Secretary to withhold from grants to such entities the amount estimated; and (3) the withheld amount to be transferred to the Treasury to pay judgments against the United States arising from such claims. Directs the Secretary to make grants to public and nonprofit private entities to carry out demonstration projects for the purpose of increasing access to outpatient primary health services in geographic areas with a: (1) population of not more than 500,000 individuals; (2) shortage of personal health services; and (3) significant number of low-income or underinsured individuals. Sets forth requirements for receiving such grants. Authorizes appropriations. Subtitle E: Improved Access to Rural Health Services - Retitles title XII of the Public Health Service Act "Emergency Medical Services" (formerly, "Trauma Care") and directs the Secretary to establish the Office of Emergency Medical Services which shall, with respect to emergency medical services (including trauma care): (1) conduct research; (2) sponsor workshops; (3) assist States; and (4) coordinate activities. Authorizes the Secretary to make grants to States for the purposes of improving the availability and quality of emergency medical services through the operation of State offices of emergency medical services. Sets forth matching fund requirements. Provides for demonstration projects to establish telecommunications between rural medical facilities and other medical facilities that have equipment that can be utilized through telecommunications. Authorizes appropriations for purposes of the programs of this paragraph. Directs the Secretary to make grants to States to assist in the creation or enhancement of air medical transport systems that provide victims of medical emergencies in rural areas access to treatments for the injuries or other conditions arising from such emergencies. Sets forth requirements for grant applications. Authorizes appropriations. Amends title XVIII (Medicare) of the Social Security Act to extend for one year special treatment rules for Medicare-dependent small rural hospitals. Title II: Health Care Cost Containment and Quality Enhancement - Subtitle A: Medical Malpractice Liability Reform - Prohibits bringing a medical malpractice claim: (1) more than two years after the alleged injury should reasonably have been discovered and in no event more than four years after the alleged injury occurred; and (2) in any State court unless there has been an initial resolution through a certified alternative dispute resolution system (ADR). Requires the use of ADR in a Federal medical malpractice liability claim. Requires a pre-trial settlement conference in any medical malpractice liability action. Sets limits on: (1) noneconomic damages; (2) punitive damages; and (3) attorney's fees. Requires offsets for damages paid by a collateral source. Requires liability in a medical malpractice action to be several and not joint. Provides a complete defense to any allegation of negligence in a medical malpractice liability action to any defendant who followed the appropriate practice guideline. Prohibits finding a defendant guilty in a medical malpractice liability action relating to services provided during labor or delivery of a baby if the defendant did not previously treat the plaintiff during the pregnancy, unless the malpractice is proven by clear and convincing evidence. Directs the Secretary to determine whether a States' ADR meets ADR system requirements established by this Act. Establishes such requirements. Amends title XI (General Provisions and Professional Standards Review) of the Social Security Act to earmark funds for sanctioning practice guidelines for purposes of an affirmative defense in medical malpractice liability actions. Permits a State agency responsible for the conduct of disciplinary actions for a type of health care practitioner to enter into agreements with State or county professional societies for such type of health care practitioner to permit such societies to participate in the licensing of such health care practitioner and to review health care malpractice allegations. Requires each State to require each health care professional and provider to participate in a risk management program to prevent and provide early warning of practices which may result in injuries to patients or which otherwise endanger patient safety. Directs the Secretary to make grants for the conduct of basic research in the prevention of and compensation for injuries resulting from health care professional or health care provider malpractice, and research of the outcomes of health care procedures. Authorizes appropriations. Directs the Secretary to study the factors discouraging physicians from volunteering to provide health care services in medically underserved areas. Subtitle B: Administrative Cost Savings - Directs the Secretary to adopt standards relating to each of the following: (1) data elements for use in claims processing under health benefits plans; (2) uniform claim forms; and (3) uniform electronic transmission of the data elements. Authorizes the Secretary to require providers to submit claims to health benefit plans in accordance with such standards. Provides for periodic review of the standards. States that the term "health benefit plan," in this subtitle, includes the Medicare and Medicaid programs (titles XVIII and XIX of the Social Security Act). Requires the Secretary to promulgate standards for hospitals concerning electronic medical data. Permits the Secretary to promulgate standards concerning electronic medical data for providers that are not hospitals. Requires hospitals, in order to participate in Medicare, to: (1) maintain clinical data in a set of comprehensive data elements in electronic form on all patients; and (2) upon the Secretary's request, transmit electronically the data set and any data from such set. Provides for electronic transmission to Federal agencies. Prohibits a health benefit plan, if standards with respect to data elements are promulgated with respect to a class of provider, from requiring for the purpose of utilization review or as a condition of providing benefits under the plan that a provider in the class: (1) provide any data element not in the set of comprehensive data elements; or (2) transmit or present any such data element in a manner inconsistent with applicable standards. Directs the Secretary to establish an advisory commission of hospital executive and data base managers, physicians, health services researchers, and technical experts in the collection and use of data and operation of data systems. Authorizes appropriations for such commission. Requires the Secretary, in order to assure the availability of comparative value information to purchasers of health care in each State, to determine whether each State is developing and implementing a health care value information program that meets stated criteria. Permits grants to a State for the development of its health care value information program. Authorizes appropriations for such grants. Requires the head of each Federal agency with responsibility for the provision of health insurance or health care services to individuals to promptly develop health care value information relating to each program that such head administers. Directs the Secretary to develop model systems to facilitate: (1) the gathering of data on health care cost, quality, and outcome; and (2) analyzing such data to permit the valid comparison of such data. Authorizes appropriations for the development of such model systems. Directs the Secretary to adopt standards relating to the design and use of magnetized Medicare identification cards for the purpose of assisting health care providers in determining eligibility and billing. Authorizes appropriations. Nullifies any State law requiring that medical or health insurance records be maintained in written rather than electronic form. Requires each health benefit plan: (1) for each of its beneficiaries that has a social security number, to use that number as an identification number for claims processing; and (2) for each provider that has a unique identifier for Medicare purposes, to use that identifier for claims processing. Requires the Secretary to determine whether problems relating to the rules for determining liability when benefits are payable under two or more plans or the availability of information among such plans causes significant administrative problems, and if so, directs the Secretary to promulgate standards concerning liability and the transfer of information among plans. Directs the Secretary to provide grants to qualified entities to demonstrate the application of comprehensive information systems in continuously monitoring patient care and in improving patient care. Authorizes appropriations from the Federal Hospital Insurance Trust Fund. Subtitle C: Medical Savings Accounts (Medisave) - Amends the Internal Revenue Code to exclude from the gross income of an employee any amount contributed by the employer to a medical savings account pursuant to a qualified medical savings account plan. Sets contribution limits. Defines a "medical savings account" as a trust created exclusively for purpose of paying an individual's medical expenses. Permits expenses from such account only to the extent such amounts are not compensated for by insurance. Subjects the employee to taxation as owner of the account. Subtitle D: Medicaid Program Flexibility - Amends title XIX (Medicaid) of the Social Security Act to modify Medicaid contracting requirements for coordinated care services. Authorizes the Secretary to waive specified Medicaid requirements with respect to nursing facilities located in a State if the State provides assurances satisfactory to the Secretary that the waiver of such requirements will not adversely affect the quality of life of the residents in such facilities. Subtitle E: Limitations on Physician Self-Referrals - Amends title XVIII (Medicare) of the Social Security Act to extend physician self-referral limitations to all payors as well as to certain additional services. Revises exceptions. Requires the Secretary to conduct a study in order to estimate the changes in aggregate costs for designated health services, under the Medicare program and other health plans, which will result from the implementation of the amendments made by this subtitle. Subtitle F: Removing Restrictions on Managed Care - Preempts managed care restrictions under State law. Requires the Comptroller General to conduct a study of the benefits and cost effectiveness of the use of managed care in the delivery of health services. Subtitle G: Medicare Payment Changes - Amends the Medicare program to make revisions in the methodology for determining updates to Medicare hospital payments. Provides for a reduction in Medicare payment for clinical diagnostic laboratory tests. Subtitle H: Modification of the Operation of the Antitrust Laws to Hospitals - Permits two or more hospitals, without violating the antitrust laws, to share expensive medical services or high technology equipment. Directs the Secretary to grant waivers to exempt hospitals from the antitrust laws in order to carry out agreements permitting such sharing. Sets forth reporting requirements. Subtitle I: Encouraging Enforcement Activities of Medical Self-Regulatory Entities - Prohibits damages, interest on damages, costs, or attorney's fees from being recovered under the Clayton Act or any similar State law from any medical self-regulatory entity as a result of engaging in standard setting or enforcement activities designed to promote the quality of health care provided to patients.

Bill· SS. 2803 (102nd)referred

Defense Workers Economic Reinvestment Act

United States · United States Congress · 3 June 1992

Defense Workers Economic Reinvestment Act - Title I: Economic Reinvestment Council - Establishes the Economic Reinvestment Council to: (1) administer the National Technology Infrastructure Goals Improvement and Consortia Creation program and the Fast Response State Technological Competitiveness Grants program, both established under this Act; and (2) be empowered to examine and approve or disapprove all other project and program selections made under this Act and funding decisions under this Act exceeding $500,000. Requires reviews of funding requests to be completed within 60 days. Directs the Council to advise the Secretary of Defense and the heads of other Federal agencies on the progress and success of the economic reinvestment programs established under this Act and under the Defense Economic Adjustment, Diversification, Conversion, and Stabilization Act of 1990 in alleviating the adverse economic and social effects of reductions in defense spending. Requires the Council to consult on a regular basis with Governors of States involved in reinvestment activities. Directs the Council: (1) upon receiving notification of the annual defense budget proposal of the Secretary, to commence a preliminary study of the potential adverse economic effects the proposal may have on qualified defense contractors and communities; and (2) to prepare and distribute an economic reinvestment progress report on an annual basis. Requires the latter report to be distributed to State Governors, the heads of Federal departments and agencies, and any other interested persons. Authorizes appropriations. Title II: National Technology Infrastructure Goals Improvement and Consortia Creation - Directs the President, in order to exploit the potential of critical technologies that would benefit national infrastructure and create export opportunities, to develop and carry out a program to assist advanced technology projects. Includes the following areas within appropriate investments in advanced technology projects which are in the national interest: space exploration, transportation, environmental restoration, telecommunications, energy efficiency, health care, education, and ocean technology. Directs the Council to solicit, review, prioritize, and select advanced technology projects to benefit the national technology infrastructure. Requires the Council to prepare and disseminate guidelines for qualifying project proposals. Requires specified Federal department and agency heads to submit to the Council proposals for such projects. Allows other Federal departments and agencies to submit proposals. Provides that, once a project is selected, the Council shall review project plans and schedules, provide funds to the project through the Department of Defense (DOD), and oversee implementation of the project. Encourages joint ventures in such projects with combinations of industry, academic, and State and Federal Government partners. Authorizes appropriations to fund such project for FY 1993 through 1996. Directs the Council to coordinate and oversee the creation of one consortium matched to each project, focusing on the basic and applied research for such project. Requires at least 50 percent of the funding for a consortium to derive from non-Federal sources. Limits Federal funding for a consortium to $5,000,000 annually for a period of four years. Requires small business to receive a minimum of 20 percent of the consortium research funding. Requires the Council to solicit and evaluate other proposals for critical technology consortia and to select at least three proposals annually. Places identical limits on the length and amounts of Federal funding for such consortia. Requires activities conducted by such a consortium to include a significant defense component. Authorizes appropriations for FY 1993 through 1996. Directs the Secretary to reexamine existing procurement contracts to determine whether overly restrictive specifications on systems, supplies, and services that are also available commercially have been made. Directs the Secretary, for contracts exceeding $100,000 where DOD specifications preclude the purchase of commercial sector products, to justify the necessity for developing a different specification and the unsuitability of commercial specifications. Requires the Secretary to report to the Congress detailing such justifications for each contract. Requires each defense contract solicitation to include provisions which encourage the use of commercially available systems, supplies, and services. Title III: Relieving Labor Shortages in Selected Civilian Applications - Directs the Secretary to establish an Office of Training Oversight and Administration to coordinate and oversee retraining, placement, and other transition assistance activities for full-time employees of at least three years of a qualified defense contractor (a contractor deriving 30 percent of its annual income from, or using 30 percent of its work force on, defense contracts) who: (1) are directly involved with a DOD funded project which is canceled or which receives at least a 25 percent reduction in Federal funds; and (2) are terminated or likely to be terminated within one year as the result of such cancellation or reduction. Directs the Office to disseminate information concerning such retraining and placement assistance to all qualified contractors and eligible DOD employees. Directs the Office to maintain statistics on the effectiveness of the transition assistance program in order to aid the Council in required activities. Authorizes the Office, in cooperation with other Federal agencies, to enter into agreements for the provision to eligible DOD employees of such transition assistance in skills identified to be in short supply in the area in which the retraining program operates. Authorizes the Office to award one- and two-year scholarships to educational institutions, giving a priority in such scholarships to eligible employees who seek vocational training and for scholarships in certain critical occupations as determined by the Office. Limits the Federal contribution to a training program to 50 percent of its costs. Authorizes appropriations for FY 1993 through 1995. Requires a qualified defense contractor to make a good faith effort to identify as early as possible employees who meet the eligibility requirements of the program, to advise them on options, and to allow them to participate in retraining and other transition assistance programs. Allows certain employees previously terminated under similar conditions within one year before the enactment of this Act to be eligible for such program. Title IV: Commercialization Opportunities - Directs the Secretary of Commerce (Secretary, for purposes of this title) to establish a program to assist U.S. businesses in creating and applying the generic technology and research results necessary to commercialize significant new discoveries and technologies. Requires the program selection board to be modeled after the Advanced Technology Program of the National Institute of Standards and Technology. Directs the Secretary to inform the Council of the status of funded projects and on new selections for the Council's approval as required under title I. Authorizes the Secretary to enter into contracts and cooperative agreements with U.S. businesses for commercialization projects to demonstrate the feasibility of a particular technology or process up to the prototype stage, limiting the Federal funds to 33 percent of the project's costs, and limiting a single project to $1,000,000. Authorizes appropriations to the Secretary for FY 1993 through 1996. Authorizes the Secretary to make loans to U.S. businesses of up to $3,000,000 for any one commercialization project. Prohibits more than three loans from being made to any single company or joint venture. Provides loan conditions and criteria. Authorizes appropriations for FY 1993. Directs the Secretary of Defense to: (1) encourage the creation of industrial parks or technology incubator centers to transfer and spin off technology from qualified defense contractors to small businesses; (2) use royalties earned from the licensing of certain patents to assist local technology transfer activities; and (3) create and administer an awards program (modeled after an awards program under the Stevenson-Wydler Technology Innovation Act of 1980) to foster and encourage innovation and redirection efforts by qualified defense contractors in the area of commercialization. Title V: Fast Response State Technological Competitiveness Grants - States as the purpose of this title to provide Federal assistance directly to States for defense reinvestment programs. Directs the Secretary to allocate amounts authorized for appropriation under this title under a specified funding formula as technological competitiveness grants to States whose defense reinvestment programs meet certain requirements. Directs the Council to develop and disseminate guidelines on State eligibility for such grants. Requires a State, prior to receiving such a grant, to provide the Council information about its defense reinvestment program. Directs each State to report annually to the Council on progress under its reinvestment program, as well as any other data analysis required by the Council for its duties. Directs the Secretary to withhold grant funds from a State if the Council concludes that such State's reinvestment program or its progress is unsatisfactory relative to the published guidelines. Allows a 90-day appeal period during which the State shall be permitted to submit a revised program for Council review. Authorizes appropriations for FY 1993 through 1995 for such grants.

Bill· HRH.R. 5319 (102nd)open

Historic Fleet Restoration Act of 1992

United States · United States Congress · 3 June 1992

Historic Fleet Restoration Act of 1992 - Authorizes the Secretary of Transportation to convey to the National Maritime Museum Association (San Francisco, California) certain National Defense Reserve Fleet vessels that are scheduled to be scrapped.

Bill· HRH.R. 5313 (102nd)referred

Anti-Drug Abuse Act of 1992

United States · United States Congress · 3 June 1992

Anti-Drug Abuse Act of 1992 - Title I: International Efforts to Reduce Illegal Drug Production and Drug Trafficking - Expresses the sense of the Congress that the President should direct the Secretary of State to negotiate with the Governments of Canada and Mexico for the establishment of a North American Narcotics Council which would explore ways and means of facilitating the exchange of information (both in antinarcotics efforts and in substance abuse reduction and education programs), increasing cooperation in antinarcotics efforts, and improving efforts to supply assistance to source and trafficking countries, and reducing through other areas and programs the demand for and supply of illicit narcotics and psychotropic substances. Requires the President to submit to the Congress, for each fiscal year in which the United States participates in the Council, a budget request to cover the expenses of such participation. Sets forth provisions for the appointment of a permanent U.S. representative and congressional advisors to the Council, provisions for termination of such Council, and reporting requirements. Requires the President, with respect to each year after 1992, to determine whether: (1) there was a reduction in the quantity of illicit coca produced or in illicit coca activities in Bolivia, Colombia, and Peru; and (2) any reduction is attributable to the implementation of social or economic alternatives in such countries. Authorizes the President, if an affirmative determination with respect to such a country is made and the Congress enacts a law approving it, to apply special trade treatment to articles that: (1) are products of such country; and (2) are entered or withdrawn from warehouse for consumption in U.S. customs territory in the year following the year such determination was made. Specifies that if the granting of such special trade treatment would violate the General Agreement on Tariffs and Trade, provisions of this Act shall be inapplicable until the President obtains a waiver of the provision which is the basis for such violation. Prohibits such special treatment if specified actions under the Narcotics Control Trade Act are in effect with respect to such country or if such treatment is restricted under countervailing duties or trade dumping regulations. Authorizes appropriations for additional economic assistance grants for the Governments of Bolivia and Peru, to be made available only after consummation of a written agreement between such governments and the United States outlining specific, verifiable illicit coca eradication plans resulting in a 50 percent eradication of the illicit coca crop by the end of FY 1994, and a 100 percent eradication by the end of FY 1997. Requires the Secretary of State to negotiate such bilateral agreements on behalf of the United States and to have primary responsibility for verifying the actual eradication of illicit coca in Bolivia and Peru. Authorizes the use of funds under the Foreign Assistance Act of 1961 (FAA) and the Arms Export Control Act (AECA) for training and equipment for law enforcement agencies or other units in Colombia, Bolivia, and Peru that are organized for the specific purpose of enforcing narcotics laws. Waives, during FY 1992 through 1994, specified provisions limiting assistance to countries in default on obligations owed to the United States with respect to narcotics-related assistance under the FAA or AECA for a country that is a "major illicit drug producing country" because of its coca production. Amends the FAA to: (1) authorize funding for the procurement of weapons or ammunition to arm, for defensive purposes, aircraft that are leased or loaned by the United States and used in narcotics control eradication or interdiction efforts and persons participating in such efforts; (2) make an exception to the withholding of assistance for major illicit drug producing or drug-transit countries where such action would be contrary to the national interest of the United States; (3) authorize the President to provide aircraft on a sale or grant basis for anti-narcotics activities if he determines that it would be in the national interest to do so and reports the determination and the terms of the proposed sale or grant to the Congress; (4) authorize Bolivia and Peru to have U.S. military personnel strengths larger than six to carry out international security assistance programs; and (5) make certain certification procedures under such Act inapplicable to certain major drug-transit countries if the President certifies that such countries meet specified requirements in making progress towards narcotics control. Amends the Export-Import Bank Act of 1945 to: (1) make certain restrictions under such Act and under the AECA inapplicable to sales of defense articles or services made on or before September 30, 1994 (currently, 1990); and (2) revise the definition of the term "defense articles and services" to conform to that under the AECA. Expresses the sense of the Congress that the Secretary of the Treasury shall instruct the U.S. Executive Directors of the International Bank of Reconstruction and Development, the International Development Association, and the Inter-American Development Bank to use the vote and influence of the United States to promote development projects in the Andean region consistent with U.S. anti-narcotics objectives. Establishes an Interagency Task Force on Combatting Illicit Narcotics and an Interagency Task Force on Money Laundering. Authorizes the Attorney General to assist major illicit drug producing and drug-transit countries in adopting national legislation to accommodate treaties on mutual assistance in criminal matters and on extradition and to provide technical assistance and advice aimed at strengthening the judicial, legal, and law enforcement systems of such countries. Expresses the sense of the Congress that: (1) the United States should support the actions of Latin American jurists in prosecuting drug criminals; and (2) the President should take steps to convene an international judicial conference for the purposes of emphasizing worldwide support for prosecuting drug traffickers and enabling senior judicial officials to exchange information on antinarcotic laws and statutes. Authorizes appropriations for military and law enforcement assistance and training to eligible countries for controlling illicit narcotics production and trafficking. Urges the executive branch to: (1) coordinate closely with all allies in the Western Hemisphere dedicated to countering the threat of drug trafficking; and (2) explore the possibility of undertaking joint military and intelligence operations with other countries of the Western Hemisphere. Directs the Attorney General to enter into negotiations with law enforcement officials of each foreign country with jurisdiction over companies that manufacture, market, sell, or purchase precursor or essential chemicals used in the illicit manufacture of controlled substances, with priority given to countries knowingly or unknowingly supplying such chemicals, to: (1) establish a list of such chemicals; (2) achieve international agreement on a method for maintaining records of transactions of such chemicals; (3) establish a procedure by which such records may be made available to U.S. law enforcement authorities; and (4) encourage source countries to enact national chemical control legislation. Requires the President to impose sanctions (such as barring transactions within the interstate or foreign commerce of the United States) on any company or other entity that refuses to maintain records to monitor and regulate transactions of listed precursor chemicals or that refuses to make such records available to U.S. law enforcement authorities for investigative purposes. Authorizes and directs the Attorney General to conduct research into additives and other means which would render precursor and essential chemicals useless in the production and manufacture of illegal drugs but that would not affect the legitimate commercial uses of such chemicals. Authorizes appropriations. Requires the Secretary of Defense to: (1) transfer four AH-1J helicopters to the Government of Colombia for anti-drug interdiction operations; and (2) make available sums for the training of Colombian personnel by Department of Defense (DOD) personnel in the operation, maintenance, logistics support, and deployment of such helicopters. Urges the Secretary of State to fully consider and implement proposals from U.S. allies for combatting illicit narcotics, including cooperation in law enforcement, interdiction, prevention, treatment, and research. Title II: Interdiction - Subtitle A: Department of State - Authorizes appropriations for the procurement of UH-1 helicopter upgrade improvement kits to enhance the performance of such helicopters used in drug interdiction operations in major drug transit countries. Subtitle B: Customs Service - Amends the Customs Procedural Reform and Simplification Act of 1978 to authorize appropriations for additional canine enforcement teams and research and development and to increase the number of full-time Customs Service inspectors deployed at ports of entry under the contraband inspection program. Subtitle C: Defense - Authorizes appropriations for the Army National Guard to upgrade surveillance helicopters. Provides for: (1) the deployment of such helicopters by Guard units of Arizona, California, New Mexico, and Texas to support interdiction operations carried out by civilian law enforcement agencies; and (2) coordination with specified agencies. Authorizes appropriations to DOD for airborne early warning surveillance (AEW) aircraft. Authorizes the Secretary of Defense to make the P-3 AEW aircraft available to the Customs Service. Subtitle D: Making Drug-Related Intelligence a Level-One Intelligence Priority - Calls for the U.S. intelligence community to devote greater resources to intelligence activities relating to international drug production and trafficking. Urges the Director of Central Intelligence (DCI) to: (1) make support of anti-drug efforts a Level One Priority in his National Foreign Intelligence Strategy; (2) reflect such priority in the National Foreign Intelligence Program; and (3) include in his next National Foreign Intelligence Budget a separate and detailed request for funds necessary to make such activities a Level One Priority. Expresses the sense of the Congress that the DCI should expand resources devoted to human intelligence directed against international drug trafficking, particularly with respect to law enforcement operations along the U.S. border. Subtitle E: Preventing Drug Traffickers From Entering the United States Using Fraudulent Immigration Documents - Directs the Secretary of State and the Attorney General to: (1) establish a program under which applicants for entry into the United States shall be required to submit fingerprints at the time of application and to be checked against records of the Federal Bureau of Investigation (FBI), the Immigration and Nationalization Services (INS), and other U.S. agencies to ensure that the applicant has not submitted fraudulent documentation or is not otherwise excludable under U.S. immigration laws; (2) implement such program in two phases, including a two-year pilot program for applicants from major drug-producing or transit countries (phase I) and implementation over the next three years and expansion to all alien applicants requesting entry into the United States (phase II); and (3) conduct a comprehensive review and evaluation of such program and submit specified reports to the Congress. Subtitle F: Situational Awareness Technology - Makes certain funds authorized to be appropriated for Research, Development, Test, and Evaluation, Air Force, available for continued development of situational awareness technology for military and civilian drug interdiction applications. Title III: Law Enforcement - Subtitle A: State and Local Law Enforcement Assistance - Amends the Omnibus Crime Control and Safe Streets Act of 1968 (Omnibus Act) to authorize appropriations for the Drug Control and System Improvement Grant Program. Subtitle B: Interstate Transportation for Purposes of Drug Activity - Amends the Controlled Substances Act (CSA) to prohibit the transport in interstate or foreign commerce of a person for the purpose of engaging in the growing, harvesting, manufacture, distribution, or dispensing of a controlled or counterfeit substance. Subtitle C: Drug-Free School Zones - Directs the Attorney General to develop a model program of strategies and tactics for establishing and maintaining drug-free school zones which provide State and local law enforcement agencies with materials, training, and other assistance to establish, enforce, and evaluate the effectiveness of drug-free school zone enforcement efforts. Delineates criteria for such model program, including defining the criminal justice community's role in creating and maintaining such zones, developing a framework for law enforcement collaboration with the school system and community resource network, providing materials and technical assistance for demarcating and establishing such zones, and creating a uniform framework for monitoring and evaluating their effectiveness. Authorizes appropriations. Subtitle D: Drug Testing of Defendants on Probation or Supervised Release - Amends the Federal criminal code to require: (1) the Director of the Administrative Office of the U.S. Courts to establish a program of drug testing of criminal defendants on supervised release; and (2) the chief probation officer in each district to arrange for the drug testing of such defendants. Requires, as an explicit condition of probation, parole, or supervised release of a defendant involving a felony or a specified violent or drug offense, that the defendant refrain from any unlawful use of a controlled substance and submit to periodic drug tests. Sets limitations on the authority to require such tests and to take action against a defendant based on test results. Subtitle E: Civil Forfeiture - Eliminates a restriction on the disposal of judicially forfeited property by the Secretary of the Treasury and the Postal Service. Subtitle F: Authorization of Appropriations - Authorizes appropriations, to carry out the activities of the Department of Justice (DOJ), for: (1) the hiring of additional personnel for the U.S. Attorney's office, and for additional agents of the FBI; (2) the Drug Enforcement Administration (DEA); (3) the States, under the formula grant program administered by the Office of Justice Programs, for rural drug enforcement; (4) State and local multi-agency tactical narcotics teams in high intensity drug areas; (5) the establishment by DEA of a foreign precursor chemical program; (6) the establishment and operation of a national drug and related crime tip hotline; and (7) the INS. Authorizes appropriations, to carry out the activities of the Department of the Treasury, for: (1) the Bureau of Alcohol, Tobacco, and Firearms; (2) the Federal Law Enforcement Training Center; and (3) the U.S. Customs Service. Subtitle G: Regional Prisons - Authorizes appropriations for the construction and operation of ten regional prisons for State and Federal prisoners found to have substance abuse problems requiring long-term treatment to be located in places chosen by the Director of National Drug Control Policy. Sets forth requirements regarding prisoner eligibility, State responsibilities with respect to such prisons, and the powers of the Director of the Bureau of Prisons. Subtitle H: Victims of Child Abuse Act of 1992 - Victims of Child Abuse Act of 1992 - Chapter 1: Drug-Related Child Abuse; Habitual Child Abuse Offense - Amends the Federal criminal code to make it a felony to commit a crime of violence against a person under age 18 if the offense was committed as part of a violation of the CSA or the Controlled Substances Import and Export Act. Requires the Attorney General to amend the United States Attorneys' Manual to reflect the intent of the Congress that Federal prosecution occur only in egregious cases of drug-related abuse and neglect. Requires the United States Sentencing Commission to promulgate guidelines to provide that a defendant convicted of such an offense, who has previously been convicted on two separate occasions of a sexual offense or crime of violence in which the victim was under age 18, shall receive the maximum punishment authorized by law. Chapter 2: Improving Investigation and Prosecution of Child Abuse Cases - Requires the Administrator of the Office of Juvenile Justice and Delinquency Prevention to make grants to develop multidisciplinary child abuse investigation and prosecution programs. Enumerates program criteria, including requirements identifying a neutral site for counseling child victims of sexual and serious physical abuse and neglect, referring cases to such counseling center within 24 hours, minimizing the number of interviews the child victim must attend, requiring that all interviews and meetings with a child victim occur at the counseling center, designating a director for the multidisciplinary program, and assigning volunteers or staff advocates to each child's family. Requires the Administrator to make grants to provide technical assistance and training to attorneys and others instrumental to the criminal prosecution of child abuse cases in State or Federal courts. Authorizes appropriations. Chapter 3: Court-Appointed Special Advocate Program - Requires the Administrator to: (1) make grants to expand the court-appointed special advocate program; (2) establish criteria to be used in evaluating grant applications, which shall include a program providing screening, training, and supervision of court-appointed special advocates. Authorizes appropriations. Chapter 4: Child Abuse Training Programs for Judicial Personnel and Practitioners - Requires the Administrator to provide technical assistance and training to judicial personnel and attorneys to improve the judicial system's handling of child abuse and neglect cases and provide administrative reform in juvenile and family courts. Subtitle I: Rural Drug Enforcement - Rural Drug Enforcement Act - Requires the Director of National Drug Control Policy to designate a Rural Drug Policy Coordinator to examine the special needs of rural areas in drug interdiction and coordinate the drug interdiction efforts of Federal agencies in such areas. Amends the Omnibus Act to set aside specified sums for rural areas. Directs the Attorney General to assign for any rural State that is currently assigned less than ten drug enforcement agents not less than four additional special agents. Directs the Secretary of the Treasury to develop a drug interdiction training program for law enforcement officers in rural areas. Authorizes appropriations. Title IV: Prevention, Treatment, and Education - Subtitle A: Drug Testing - Quality Assurance in the Private Sector Drug Testing Act of 1992 - Prohibits any employer engaged in commerce from refusing to hire an applicant, taking adverse action against an employee, or discharging an employee on the basis of the results of a drug test administered to the applicant or employee unless such test was conducted by a laboratory which: (1) meets guidelines prescribed by the Secretary of Health and Human Services; (2) requires a confirmatory test when an initial screening test is positive; and (3) provides guidelines to the employers on procedures for the collection of specimens to be tested and the chain of custody. Subjects an employer who takes any such action on the basis of a drug test result conducted by a laboratory which does not meet such requirements to a civil penalty of $10,000. Subtitle B: Miscellaneous Provisions - Amends the Public Health Service Act (PHSA) to require the Administrator of the Alcohol, Drug Abuse, and Mental Health Administration (ADAMHA) to make grants and enter into contracts and cooperative agreements to provide clinical training in alcohol and drug abuse and to develop curricula and materials for such training. Authorizes appropriations. Increases the ADAMHA block grant authorization. Authorizes the use of ADAMHA block grant funds for alcohol abuse and drug addiction treatment services in State or local correctional facilities. Requires the State, as a condition on the receipt of Federal funds, to maintain State expenditures for drug abuse-related services at a level equal to not less than the average amount of such expenditures for the preceding two years. Requires States to develop and submit to the Secretary annually for review and approval a Statewide Drug Treatment Plan. Requires the Director of the Office for Substance Abuse Prevention, in making grants for model projects for pregnant and post-partum women and their infants, to give priority to projects that will provide treatment services and that include specified programs including outreach services, child care, transportation, and other support services, case management services, and any other services that will tend to improve pregnancy outcomes, reduce substance abuse among women of childbearing age, and increase the stability of the family home environment. Bars the Director from making such grants unless specified conditions are met, such as the applicant's agreeing to provide the health service directly, that any charge imposed be according to a schedule of charges made available to the public and be adjusted to reflect the recipient's income and resources, and that no charge be imposed upon any women with an income less than 100 percent of the official poverty line. Authorizes appropriations. Establishes in ADAMHA the Office for Treatment Improvement (Treatment Office) to: (1) collaborate with the Director of the Office for Substance Abuse Prevention and the Director of the National Institute on Drug Abuse (NIDA); (2) evaluate State plans and carry out programs under existing provisions; (3) train providers of prehospital emergency medical services; (4) conduct or support described programs; and (5) take other actions with regard to treatment. Authorizes appropriations. Establishes within the General Accounting Office a Special Panel on Evaluation of Drug Prevention, Education, and Treatment Programs. Authorizes appropriations. Requires the Director of the Treatment Office to establish programs to provide grants to: (1) eligible institutions to provide training services to increase the supply of drug treatment professionals; and (2) hospitals, community health centers, and other appropriate entities that serve nonmetropolitan areas to assist in developing and implementing projects (at least one in each State) that provide, or expand the availability of, substance abuse treatment services. Requires the alcohol and drug abuse information clearinghouse required to be established under the PHSA to: (1) gather information pertaining to ADAMHA and other rural drug abuse treatment and education projects operating throughout the United States; and (2) disseminate information to rural hospitals, community health centers, community mental health centers, treatment facilities, community organizations, and other interested individuals. Transfers authority from the Administrator of ADAMHA to the Director of the Treatment Office for an existing grant program for reduction of the waiting period for drug abuse treatment. Removes provisions prohibiting more than one grant for any treatment program. Allows a grantee to spend not more than 50 percent of the grant for follow-up services. Increases the authorization of appropriations. Sets forth reporting requirements. Authorizes appropriations for the Federal Prison System for substance abuse treatment services. Directs the Bureau of Prisons to separate drug-dependent offenders undergoing treatment from the general prison population and avoid returning such offenders to the general prison population after the completion of the treatment program. Requires the Attorney General to: (1) make sums available from appropriations authorized for DOJ to establish a Federal training center to train Federal, State, and local prison officials to develop treatment and rehabilitation programs for drug-dependent prisoners; and (2) require the Director of the prison system to see that no less than 25 percent of all new prison beds at any new prison facility, beginning in FY 1992, include treatment and rehabilitation programs and accommodations for drug-dependent offenders. Requires the Director of the Treatment Office to establish programs to provide grants to public and nonprofit private entities that provide drug treatment services to individuals under criminal justice supervision. Subtitle C: Education and Prevention - - Reauthorizes appropriations under the Drug Free Schools and Communities Act of 1986. Amends such Act to require the Secretary of Education to establish and administer a model program to provide grants to schools and institutions to implement comprehensive drug education programs providing for the establishment of an anti-drug policy, implementation of peer to peer programs that allow children to talk about handling pressures to use and sell drugs, and family and community involvement in drug prevention. Sets forth criteria for grant awards. Authorizes appropriations. Requires such Secretary to expand existing programs at the Department of Education to provide schools with greater access to programs that teach skills in resisting drug abuse and assertiveness training for children in grades kindergarten through 12. Authorizes appropriations. Amends the PHSA to direct the Secretary of Health and Human Services to establish: (1) a program to make grants to eligible institutions that establish or expand drug prevention programs to be comprehensive in nature and to include an anti-drug policy, peer to peer drug abuse programs, and family and community involvement; and (2) a National Substance Abuse Prevention Training Program to make grants to States, local agencies, and community organizations to provide substance abuse prevention training and to coordinate with other community resources and programs. Authorizes appropriations. Directs such Secretary to establish a National Drug Prevention Corps. Authorizes appropriations. Requires the Director of National Drug Control Policy to provide resources to assist members of the motion picture and television industries in the production of programs that carry anti-drug messages. Authorizes appropriations. Expresses the sense of the Congress that: (1) all places of work should be drug-free; (2) corporate America should take an active role in assisting employees with drug-related problems; and (3) employers should take specified steps towards creating a drug-free workplace, such as establishing a clear drug-free policy and establishing an employee assistance plan for substance abusing employees. Directs the Secretary of Labor to: (1) identify 100 major business regions in the United States and contact local chief executive officers in such regions to encourage them to develop in each region a Corporation Against Drug Abuse program; and (2) provide each region with $10,000 to assist such officers in coordinating such program in each region. Amends the Drug-Free Workplace Act of 1988 to include within the drug-free awareness programs for Federal contractors and Federal grant recipients discussions of the dangers and early signs of drug abuse by children. Title V: Department of Defense - Authorizes the Secretary of Defense to plan and execute training missions for the primary purpose of assisting civilian law enforcement agencies in connection with counter-drug activities. Amends the Department of Defense Authorization Act of Fiscal Years 1990 and 1991 to authorize the Secretary to transfer excess communications equipment to civilian law enforcement agencies of foreign countries to assist in counter-drug activities. Authorizes the President to lease excess engineering equipment in the inventory of DOD to foreign governments to assist in anti-drug activities or in the development of their infrastructure at nominal or no cost to such governments. Authorizes the Secretary to make available logistic support to any major illicit drug producing country which has been transferred excess defense articles. Allocates funds appropriated for such support. Title VI: Sanctions for Failure to Land or to Bring To - Makes it unlawful for the pilot, operator, or other person in charge of an aircraft subject to U.S. jurisdiction to refuse to obey the order of an authorized Federal law enforcement officer to land in cases involving enforcement of controlled substances or money laundering laws. Sets forth analogous provisions with respect to vessels. Establishes penalties for violation of such provisions. Specifies that any vessel or aircraft used in such a violation may be seized and forfeited. Amends the Federal Aviation Act of 1958 to require: (1) revocation of the registration certificate of an aircraft that refuses to land when ordered to do so by a law enforcement officer; and (2) the Administrator of the Federal Aviation Administration to establish procedures for the owner of the aircraft to show cause why the registration should not be revoked or why it would be in the public interest to issue a new certificate of registration to be effective concurrently with the revocation which occurred by operation of law. Authorizes the Coast Guard to issue orders and make inquiries, searches, seizures, and arrests with respect to violations of U.S. laws occurring aboard any aircraft over the high seas and waters over which the United States has jurisdiction. Specifies the method by which orders to land an aircraft must be communicated. Establishes a civil penalty for failure to comply with a lawful boarding or order to land. Amends the Tariff Act of 1930 to: (1) authorize U.S. Customs officers to exercise their enforcement authority outside of the United States, including any location in which Customs officers are permitted to conduct inspections, examinations, or searches; and (2) provide civil penalties for failure of an aircraft to comply with Customs officer orders to land or bring to and Tariff Act provisions regarding the boarding of vessels. Title VII: Protection of Witnesses, Jurors, and Court Officers - Increases penalties for obstruction of justice offenses against court officers and jurors and for retaliatory killings of witnesses, victims, and informants. Title VIII: Narcotics-Related Public Corruption - Specifies that any: (1) public official who corruptly demands, seeks, or accepts anything of value in return for being influenced in the performance or non-performance of an official act or influenced to commit or aid in committing any Federal or State offense shall be guilty of a class B felony; and (2) person who corruptly gives, offers, or promises anything of value to a public official (or offers to give anything of value to any other person) with intent to influence any official act or to influence such public official to commit a Federal or State offense or to do or omit any act in violation of such official's lawful duty shall be guilty of a class B felony. Authorizes funding for undercover operations by the Department of the Treasury. Title IX: Asset Forfeiture and Money Laundering - Makes technical and conforming amendments to the CSA, Federal criminal code, and Tariff Act. Title X: Miscellaneous - Adds certain cocaine and drug conspiracy and attempt offenses committed by juveniles to the list of crimes authorizing prosecution as an adult if the Attorney General certifies that there is a substantial Federal interest in the case that justifies adult prosecution. Authorizes the disclosure of cable television subscriber information to a Federal grand jury. Amends the Anti-Drug Abuse Act of 1988 to permit an arrest warrant to be issued for a foreign fugitive about to enter the United States. Title XI: High Priority Research Areas - Subtitle A: General Provisions - Expresses the sense of the Congress that the Medications Development Division of NIDA shall devote special attention and resources to achieving the development of a methadone alternative, a long-acting narcotic antagonist, a cocaine blocking treatment, a cocaine blocker/narcotic antagonist treatment, medications to treat addictions to methamphetamine, and medications to treat pregnant addicts and their fetuses. Requires: (1) the Director of the Division to establish a panel of independent experts in the field of pharmacotherapeutic treatment of drug addiction to assess the national strategy for developing such treatments and make appropriate recommendations; and (2) the Surgeon General of the United States to submit to the appropriate congressional committees a report setting forth recommendations of such panel and assessing the progress of the Nation toward development of safe, efficacious pharmacological treatments for drug addiction. Subtitle B: Counter-Narcotics Technology Assessment Center - Counter-Narcotics Technology Act of 1992 - Amends the Anti-Drug Abuse Act of 1988 to establish within the Office of National Drug Control Policy (ONDCP) the Counter-Narcotics Technology Assessment Center, to operate under the general authority of the Deputy Director for Supply, ONDCP, to serve as the central counter-narcotics enforcement research and development organization of the U.S. Government. Requires that there be at the head of the Center the Chief Scientist of Counter-Narcotics Technology. Requires, beginning with the FY 1992 budget, that the Director of National Drug Control Policy submit a separate appropriations request for expenses relating to all Federal agencies for counter-narcotics enforcement research and development programs. Establishes a national counter-narcotics technology account. Requires such appropriations to be made to the account for the Director to make reimbursements to the involved agencies. Authorizes appropriations. Subtitle C: National Drug Abuse Epidemiology - Amends the PHSA to require the Secretary of Health and Human Services to establish a National Drug Intelligence Epidemiology System to: (1) conduct research and provide documentation on the leading drug abuse indicators, such as drug-related emergency room visits, deaths, and drug treatment admissions; (2) publish data concerning such indicators on a quarterly basis; and (3) distribute publications concerning such information to medical professionals, police agencies, and others involved in anti-drug efforts. Authorizes appropriations. Requires the Secretary to establish a National Drug Abuse Report Card to: (1) collect research on such indicators; (2) characterize the statistics compiled by age, ethnic, and gender groups, by regional variations, and by at-risk groups; (3) include estimates of drug use among previously under-surveyed groups; and (4) publish and distribute reports on a quarterly basis. Authorizes appropriations. Subtitle D: Land-Based Drug Interdiction Technology - Requires: (1) the Director of the U.S. Border Patrol to make certain sums available to accelerate the development of new technologies for land-based drug interdiction systems to be deployed along the U.S.-Mexican border to monitor narcotics trafficking activity, and to have such technology available for deployment by June 1, 1993; and (2) the Attorney General to ensure that the development of such technology is included in any comprehensive plan for utilizing existing research and development facilities of specified Federal agencies to carry out their anti-drug missions. Title XII: Appropriations - Provides for a reduction in amounts available for Government travel to cover the cost of any additional outlays resulting from this Act, with exceptions.

Bill· HRH.R. 5310 (102nd)referred

Defense Workers Economic Reinvestment Act

United States · United States Congress · 3 June 1992

Defense Workers Economic Reinvestment Act - Title I: Economic Reinvestment Council - Establishes the Economic Reinvestment Council to: (1) administer the National Technology Infrastructure Goals Improvement and Consortia Creation program and the Fast Response State Technological Competitiveness Grant program, both established under this Act; and (2) be empowered to examine and approve or disapprove all other project and program selections made under this Act and funding decisions under this Act exceeding $500,000. Requires reviews of funding requests to be completed within 60 days. Directs the Council to advise the Secretary of Defense and the heads of other Federal agencies on the progress and success of the economic reinvestment programs established under this Act and under the Defense Economic Adjustment, Diversification, Conversion, and Stabilization Act of 1990 in alleviating the adverse economic and social effects of reductions in defense spending. Requires the Council to consult on a regular basis with Governors of States involved in reinvestment activities. Directs the Council: (1) upon receiving notification of the annual defense budget proposal of the Secretary, to commence a preliminary study of the potential adverse economic effects the proposal may have on qualified defense contractors and communities; and (2) to prepare and distribute an economic reinvestment progress report on an annual basis. Requires the latter report to be distributed to State governors, the heads of Federal departments and agencies, and any other interested persons. Authorizes appropriations. Title II: National Technology Infrastructure Goals Improvement and Consortia Creation - Directs the President, in order to exploit the potential of critical technologies that would benefit national infrastructure and create export opportunities, to develop and carry out a program to assist advanced technology projects. Includes the following areas within appropriate investments in advanced technology projects which are in the national interest: space exploration, transportation, environmental restoration, telecommunications, energy efficiency, health care, education, and ocean technology. Directs the Council to solicit, review, prioritize, and select advanced technology projects to benefit the national technology infrastructure. Requires the Council to prepare and disseminate guidelines for qualifying project proposals. Requires specified Federal department and agency heads to submit to the Council proposals for such projects. Allows other Federal departments and agencies to submit proposals. Provides that, once a project is selected, the Council shall review project plans and schedules, provide funds to the project through the Department of Defense (DOD), and oversee implementation of the project. Encourages joint ventures in such projects with combinations of industry, academic, and State and Federal Government partners. Authorizes appropriations to fund such project for FY 1993 through 1996. Directs the Council to coordinate and oversee the creation of one consortium matched to each project, focusing on the basic and applied research for such project. Requires at least 50 percent of the funding for a consortium to derive from non-Federal sources. Limits Federal funding for a consortium to $5,000,000 annually for a period of four years. Requires small business to receive a minimum of 20 percent of the consortium research funding. Requires the Council to solicit and evaluate other proposals for critical technology consortia and to select at least three proposals annually. Places identical limits on the length and amounts of Federal funding for such consortia. Requires activities conducted by such a consortium to include a significant defense component. Authorizes appropriations for FY 1993 through 1996. Directs the Secretary to reexamine existing procurement contracts to determine whether overly restrictive specifications on systems, supplies, and services that are also available commercially have been made. Directs the Secretary, for contracts exceeding $100,000 where DOD specifications preclude the purchase of commercial sector products, to justify the necessity for developing a different specification and the unsuitability of commercial specifications. Requires the Secretary to report to the Congress detailing such justifications for each contract. Requires each defense contract solicitation to include provisions which encourage the use of commercially available systems, supplies, and services. Title III: Relieving Labor Shortages in Selected Civilian Applications - Directs the Secretary to establish an Office of Training Oversight and Administration to coordinate and oversee retraining, placement, and other transition assistance activities for full-time employees of at least three years of a qualified defense contractor (a contractor deriving 30 percent of its annual income from, or using 30 percent of its work force on, defense contracts) who: (1) are directly involved with a DOD funded project which is canceled or which receives at least a 25 percent reduction in Federal funds; and (2) are terminated or likely to be terminated within one year as the result of such cancellation or reduction. Directs the Office to disseminate information concerning such retraining and placement assistance to all qualified contractors and eligible DOD employees. Directs the Office to maintain statistics on the effectiveness of the transition assistance program in order to aid the Council in required activities. Authorizes the Office, in cooperation with other Federal agencies, to enter into agreements for the provision to eligible DOD employees of such transition assistance in skills identified to be in short supply in the area in which the retraining program operates. Authorizes the Office to award one- and two-year scholarships to educational institutions, giving a priority in such scholarships to eligible employees who seek vocational training and for scholarships in certain critical occupations as determined by the Office. Limits the Federal contribution to a training program to 50 percent of its costs. Authorizes appropriations for FY 1993 through 1995. Requires a qualified defense contractor to make a good faith effort to identify as early as possible employees who meet the eligibility requirements of the program, to advise them on options, and to allow them to participate in retraining and other transition assistance programs. Allows certain employees previously terminated under similar conditions within one year before the enactment of this Act to be eligible for such program. Title IV: Commercialization Opportunities - Directs the Secretary of Commerce (Secretary, for purposes of this title) to establish a program to assist U.S. businesses in creating and applying the generic technology and research results necessary to commercialize significant new discoveries and technologies. Requires the program selection board to be modeled after the Advanced Technology Program of the National Institute of Standards and Technology. Directs the Secretary to inform the Council of the status of funded projects and on new selections for the Council's approval as required under title I. Authorizes the Secretary to enter into contracts and cooperative agreements with U.S. businesses for commercialization projects to demonstrate the feasibility of a particular technology or process up to the prototype stage, limiting the Federal funds to 33 percent of the project's costs, and limiting a single project to $1,000,000. Authorizes appropriations to the Secretary for FY 993 through 1996. Authorizes the Secretary to make loans to U.S. businesses of up to $3,000,000 for any one commercialization project. Prohibits more than three loans from being made to any single company or joint venture. Provides loan conditions and criteria. Authorizes appropriations for FY 1993. Directs the Secretary of Defense to: (1) encourage the creation of industrial parks or technology incubator centers to transfer and spin off technology from qualified defense contractors to small businesses; (2) use royalties earned from the licensing of certain patents to assist local technology transfer activities; and (3) create and administer an awards program (modeled after an awards program under the Stevenson-Wydler Technology Innovation Act of 1980) to foster and encourage innovation and redirection efforts by qualified defense contractors in the area of commercialization. Title V: Fast Response State Technological Competitiveness Grants - States as the purpose of this title to provide Federal assistance directly to States for defense reinvestment programs. Directs the Secretary to allocate amounts authorized for appropriation under this title under a specified funding formula as technological competitiveness grants to States whose defense reinvestment programs meet certain requirements. Directs the Council to develop and disseminate guidelines on State eligibility for such grants. Requires a State, prior to receiving such a grant, to provide the Council information about its defense reinvestment program. Directs each State to report annually to the Council on progress under its reinvestment program, as well as any other data analysis required by the Council for its duties. Directs the Secretary to withhold grant funds from a State if the Council concludes that such State's reinvestment program or its progress is unsatisfactory relative to the published guidelines. Allows a 90-day appeal period during which the State shall be permitted to submit a revised program for Council review. Authorizes appropriations for FY 1993 through 1995 for such grants.

Bill· HRH.R. 5320 (102nd)referred

Rural Community Environmental Assistance Act of 1992

United States · United States Congress · 3 June 1992

Rural Community Environmental Assistance Act of 1992 - Amends the Federal Water Pollution Control Act to extend the authorization of appropriations for State water pollution control revolving funds through FY 2000. Requires each State to establish a rural community environmental assistance account in such fund and to deposit at least 25 percent of the amount of the grant received for the establishment of the fund into such account. Permits monies in such accounts to be used only for the construction of wastewater treatment works and public water systems in economically distressed rural communities, subject to certain loan and grant conditions. Requires States to determine the amount of interest to be charged on loans and to establish grant eligibility criteria. Permits assistance to be provided only if: (1) the wastewater treatment works is consistent with planning requirements under the Federal Water Pollution Control Act; and (2) the public water system is approved by the State agency with primary enforcement authority under the Safe Drinking Water Act. Requires States, in providing such assistance, to give priority to an economically distressed rural community in which: (1) there is a need for collector sewers and interceptors to improve access to wastewater treatment facilities; (2) residents rely on inadequate wastewater treatment facilities or drinking water systems that are determined by public health officials to be a hazard; or (3) residents rely on public water systems which do not meet requirements of the Safe Drinking Water Act. Authorizes States to provide such assistance for eligible innovative projects only after conducting a cost-benefit analysis. Requires States to submit plans for the intended uses of amounts in rural community environmental assistance accounts to the Administrator of the Environmental Protection Agency. Requires the Administrator to approve or disapprove such plans. Reserves one percent of funds in such accounts per fiscal year for planning activities. Permits the submission of a plan only if it has been approved by a State Rural Environmental Infrastructure Advisory Panel. Requires such panels to assist in plan preparation, review, and approval. Sets forth accounting and auditing requirements. Withholds payments from States that fail to comply with requirements for rural community environmental assistance accounts. Directs the Administrator to: (1) make grants to regional, State, and local agencies and not-for-profit organizations to assist economically distressed rural communities by providing technical assistance for the financing, operation, and maintenance of wastewater treatment works and public water systems; and (2) set aside a specified percentage of appropriations for such grants.

Bill· HRH.R. 5293 (102nd)open

Airline Competition Enhancement Act of 1992

United States · United States Congress · 28 May 1992

Airline Competition Enhancement Act of 1992 - Amends the Federal Aviation Act of 1958 to prohibit a vendor, in the operation of its air carrier computer reservations system, from discriminating against participants in such system in specified ways, including: (1) making available to subscribers an integrated display which orders information on air carrier identity; (2) supplying information to a person creating or attempting to create such an integrated display; (3) making available, after September 30, 1994, to a subscriber or participant any subscriber or participant transaction capability which is more functional, timely, complete, accurate, reliable, secure, or efficient with respect to one subscriber, or participant, than to another; (4) charging a participant fee for, or requiring terms or conditions with, the provision of any computer reservation system feature, function, or service unless they are reasonable; (5) charging a participation fee more than the maximum fee found reasonable; or (6) prohibiting a subscriber from obtaining or using another computer reservation system. Prohibits a vendor or air carrier from requiring, or providing incentives to induce, a subscriber to use information from a computer reservation system to create an integrated display which orders information on air carrier identity. Prohibits a vendor, except on grounds of demonstrated technological incompatibility, from prohibiting or unreasonably restricting the: (1) interconnection to its computer reservation system equipment of computer hardware or software supplied by a person other than such vendor; or (2) use by a subscriber, to access any other computer reservation system or data base, or hardware and communications lines supplied by another vendor. Sets forth other specified prohibitions. Prohibits a vendor from: (1) requiring, as a condition for providing a subscriber additional computer reservation system components (including software and enhancements), that the term of the subscriber's contract be extended; (2) requiring use of its computer reservation system by such subscriber in any sale by the subscriber of the vendor's air transportation services; (3) requiring use of its computer reservation system as a condition of compensation for the sale of air transportation services by the subscriber; and (4) charging prices to subscribers conditioned on the identity of air carriers whose air transportation services are sold by such subscribers. Prohibits the enforcement of subscriber contract provisions for a contract term of more than three years. Sets forth other specified contract provisions which are not enforceable. Prohibits a subscriber from using computer software or hardware to modify information in a computer reservation system so as to produce: (1) integrated displays of such information based on air carrier identity, unless specified conditions are met; or (2) displays of such information based on subscriber or participant transaction capability. Requires vendors to submit quarterly reports to the Secretary of Transportation (Secretary) describing the manner in which they propose to comply with this Act. Requires the Secretary to transmit to specified congressional committees a compliance progress report based on the vendors' reports. Authorizes participants who object to a new or increased participant fee to demand that such action be reviewed by an arbitrator. Sets forth specified administrative provisions with respect to violations of this Act. Directs the Secretary not to give consideration to the availability of slots (reservations for an instrument flight rule takeoff or landing) at high density airports (airports at which the Administrator limits the number of instrument flight rule takeoffs and landings) in: (1) determining the provision of basic essential air service to small communities; and (2) selecting an air carrier to provide such service. Requires the Secretary to ensure that a sufficient number of such slots are available to the air carrier providing such service at such airports. Provides for the transfer of slots at such airports.

Bill· HRH.R. 5294 (102nd)referred

Environmental Infrastructure Assistance Act

United States · United States Congress · 28 May 1992

Environmental Infrastructure Assistance Act - Directs the Secretary of the Army to establish an Office of Community Environmental Infrastructure Assistance within the Directorate of Civil Works of the Office of the Chief of Engineers. Requires the Office to: (1) manage projects pursuant to this Act; and (2) provide information and guidance to communities in economically distressed areas with respect to eligible projects, economic and organizational issues, and construction, operation, and rehabilitation of environmental infrastructure facilities. Directs the Secretary to: (1) establish an environmental infrastructure assistance program to be administered through the Office; and (2) use funds under this Act for the construction of wastewater treatment works, public water systems, and solid waste management facilities. Provides that funds shall be available only for publicly-owned environmental infrastructure projects serving fewer than 25,000 persons that are located in economically distressed areas. Authorizes State Governors to submit State priority project plans to the Secretary. Requires the Administrator of the Environmental Protection Agency to submit priority project plans for eligible projects on Indian reservations. Directs the Secretary to: (1) submit annual economically distressed areas environmental infrastructure assistance plans to the Congress; (2) enter into local cooperation agreements to provide for the planning, design, and construction of environmental infrastructure projects; and (3) assure that such agreements are executed for a project from each State submitting a priority project plan. Requires the Administrator to publish guidelines for the design of wastewater treatment, public water supply, and solid waste disposal facilities pursuant to this Act. Provides for the review and revision of such guidelines at least every five years. Authorizes appropriations. Reserves at least 15 and five percent of such funds, respectively, for colonias and Indian reservations.

Bill· HRH.R. 5295 (102nd)referred

Aircraft Noise Research and Abatement Act of 1992

United States · United States Congress · 28 May 1992

Aircraft Noise Research and Abatement Act of 1992 - Directs the Administrators of the Federal Aviation Administration and of the National Aeronautics and Space Administration to conduct a joint research program to develop by the year 2000 new technologies for quieter subsonic jet aircraft engines and airframes. Authorizes appropriations. Requires an annual progress report to the Congress.

Bill· HRH.R. 5268 (102nd)referred

To amend the Federal Aviation Act of 1958 to establish deadlines relating to the issuance of rules by the Administrator of the Federal Aviation Administration, and for other purposes.

United States · United States Congress · 27 May 1992

Amends the Federal Aviation Act of 1958 to establish deadlines for: (1) notice to petitioners for a rulemaking informing them of the Administrator of the Federal Aviation Administration's (FAA) intent with respect to the issuance of a proposed rule; (2) issuance of the proposed rule; and (3) issuance of the final rule. Sets forth congressional reporting requirements. Requires the Administrator to make available to the public any comments received with respect to any review of a proposed regulatory project or rule of the FAA conducted by an employee of the Department of Transportation, Office of Management and Budget, or any other executive agency.

Resolution· HCONRESH.Con.Res. 325 (102nd)referred

Concerning the establishment of a bilateral commission of the environment between the United States and Mexico.

United States · United States Congress · 27 May 1992

Expresses the sense of the Congress that the President should: (1) reach agreement with Mexico on the creation of a bilateral commission to raise and distribute money for development of environmental protection infrastructure and cleanup projects along the U.S.-Mexican border, not later than the date of enactment of legislation implementing the North American Free Trade Agreement (NAFTA); and (2) enter into an agreement with Mexico, as part of NAFTA, in which each country would make a commitment to enforce environmental laws and to submit annual public reports on their enforcement practices and records.

Bill· SS. 2789 (102nd)referred

Commercial Space Competitiveness Act of 1992

United States · United States Congress · 21 May 1992

Commercial Space Competitiveness Act of 1992 - Title I: General Provisions - Sets forth findings and definitions for this Act. Title II: Space Transportation - Amends the Commercial Space Launch Act to extend certain provisions relating to payment by the United States against a licensee under the Act. Amends the Launch Services Purchase Act of 1990 to include suborbital payloads in the requirement to purchase launch services from commercial providers. Modifies requirements regarding use of non-commercial providers. Mandates a report on use of commercial services for suborbital launch programs. Applies such provisions, as well as those regarding launch service contracts, to the Federal Government. (Current law refers to the National Aeronautics and Space Administration (NASA).) Establishes a demonstration program to award vouchers to researchers for the payment of commercial launch services and payload integration services for small scientific payloads. Authorizes grants for projects relating to the development or improvement of space transportation infrastructure. Establishes in the Treasury the Commercial Space Transportation Trust Fund, to consist of revenues from any fees assessed by the Department of Transportation for the licensing of commercial launch activities and to be used for projects that directly benefit the U.S. space transportation industry. Requires that projects be selected by an Industry Selection Committee representing fee payors. Requires an inventory to identify federally-owned launch support facilities: (1) not needed for public use; or (2) which could be made available for non-Federal use on a reimbursable basis without interfering with Federal activities. Title III: Miscellaneous - Authorizes the Administrator of NASA to enter into contracts in which the Government agrees to procure sufficient quantities of a commercial space product or service needed to meet Government mission requirements so that a commercial venture is made viable (anchor tenancy contracts) in order to increase the viability of a commercial space venture. Amends the National Aeronautics and Space Act of 1958 to authorize NASA to: (1) make contracts in excess of available funds; and (2) provide for liability payments from certain sources in the event the Government terminates such contracts. Authorizes Federal agencies to allow non-Federal entities to use their space-related facilities on a reimbursable basis. Amends the National Aeronautics and Space Act of 1958 to mandate protection of information developed under specified provisions of the Act from dissemination. Establishes a Commercial Space Achievement Award, consisting of a medal and, if funding is available, a cash prize, to individuals, corporations, corporate divisions, or corporate subsidiaries meeting certain criteria. Authorizes the Secretary of Commerce to accept gifts from public and private sources for the cash prize.

Bill· SS. 2774 (102nd)referred

Experimental Program to Stimulate Competitive Research on Space and Aeronautics Act

United States · United States Congress · 21 May 1992

Experimental Program to Stimulate Competitive Research on Space and Aeronautics Act - Directs the Administrator of the National Aeronautics and Space Administration (NASA), using the National Science Foundation infrastructure, to make grants (and supplemental grants) to eligible States in areas of research important to NASA. Authorizes appropriations.

Bill· HRH.R. 5257 (102nd)referred

United States-Flag Passenger Vessel Act of 1992

United States · United States Congress · 21 May 1992

United States - Flag Passenger Vessel Act of 1992 - Amends the Merchant Marine Act, 1920 to prohibit a passenger from being transported on a covered passenger voyage (a voyage of a vessel from a State or U.S. possession to a point outside of such State or possession and during which the passenger does not disembark to a foreign country, or between points in the United States, either directly or by way of a foreign port) in any other vessel than one built and documented under U.S. laws, with specified exceptions. Sets forth a civil penalty of $1,000 per passenger transported in violation of this prohibition.

Bill· HRH.R. 5231 (102nd)open

National Competitiveness Act of 1992

United States · United States Congress · 21 May 1992

Title I: General Provisions - National Competitiveness Act of 1992 - Sets forth the purposes and goals of this Act. Title II: Manufacturing - Manufacturing Technology and Extension Act of 1992 - Amends the Stevenson-Wydler Technology Innovation Act of 1980 to designate the Department of Commerce as the lead civilian Federal agency to work with U.S. industry, State and local governments, and private entities to enhance U.S. manufacturing capabilities. Establishes the Nationwide Network of Manufacturing Outreach Centers to assist U.S. manufacturers, especially small and medium-sized firms, to expand the use of technology and modern manufacturing processes. Provides for a related communications infrastructure and information clearinghouse. Authorizes appropriations. Establishes the Advanced Manufacturing Systems and Networking Projects program to create technology development programs to create advanced computer-integrated, electronically-networked manufacturing technologies and associated applications. Authorizes appropriations. Amends the National Institute of Standards and Technology Act to authorize the National Institute of Standards and Technology to establish local manufacturing offices. Eliminates the requirement that a Manufacturing Technology Center be financially self-supporting after six years of operation. Authorizes appropriations for existing and new centers. Requires the Director of the National Science Foundation (NSF) to expand the Engineering Research Centers program with emphasis on advanced manufacturing. Authorizes the establishment of up to five new Centers for such purpose. Authorizes appropriations. Title III: Critical Technologies - Subtitle A: Miscellaneous - Requires the Secretary of Commerce (Secretary) to report annually to the appropriate congressional committees regarding any executive branch international trade negotiations which might affect Federal research and development programs. Subtitle B: Council on Technology and Competitiveness - Establishes within the Executive Office of the President a Council on Technology and Competitiveness. Authorizes appropriations. Subtitle C: Advanced Technology Program - Directs the Secretary to submit to the Congress an expansion plan for the Advanced Technology program. Requires the establishment of at least two new critical technologies consortia. Authorizes appropriations. Subtitle D: Technology Commercialization Loans - Authorizes the Secretary to make technology commercialization loans. Authorizes appropriations. Subtitle E: Critical Technologies Development-Part I: General Provisions - Critical Technologies Development Act of 1992 - Directs the Under Secretary of Commerce for Technology (Under Secretary) to establish a critical technologies development advisory committee. Part II: Program Structure and Operation - Establishes a program of financing qualified business concerns through federally assisted licensees. Part III: Enforcement - Provides for license enforcement. Part IV: Miscellaneous - Authorizes the Under Secretary to issue and guarantee trust certificates for licensee preferred securities. Authorizes appropriations. Title IV: International Standardization - Amends the American Technology Preeminence Act of 1991 to expand the standards pilot program to promote the dissemination of U.S. technical standards abroad. Authorizes appropriations. Directs the Secretary to report to the Congress with regard to the appropriate Federal role in developing and promulgating domestic and global product and quality standards. Title V: Miscellaneous Provisions - Authorizes appropriations for: (1) the Office of the Under Secretary; (2) technology policy; (3) Japanese technical literature; (4) National Technical Information Service modernization, including a facilities study; and (5) specified activities within the National Institute of Standards and Technology. Prohibits the fraudulent use of "Made in America" labels. Provides for compliance with the Buy American Act. Prohibits the making of a Malcolm Baldrige Award within a category or subcategory if there are no qualifying enterprises in that category or subcategory. Title VI: Competitiveness Research, Data Collection, and Evaluation - Directs the Secretary to conduct a competitiveness research program. Authorizes appropriations.

Bill· HRH.R. 5230 (102nd)open

American Technology and Competitiveness Act

United States · United States Congress · 21 May 1992

American Technology and Competitiveness Act - Title I: General Provisions - Sets forth the purposes and goals of this Act. Title II: Manufacturing - Manufacturing Technology and Extension Act of 1992 - Amends the Stevenson-Wydler Technology Innovation Act of 1980 to designate the Department of Commerce as the lead civilian Federal agency to work with U.S. industry, State and local governments, and private entities to enhance U.S. manufacturing capabilities. Establishes the Nationwide Network of Manufacturing Outreach Centers to assist U.S. manufacturers, especially small and medium-sized firms, to expand the use of technology and modern manufacturing processes. Provides for a related communications infrastructure and information clearinghouse. Authorizes appropriations. Establishes the Advanced Manufacturing Systems and Networking Projects program to create technology development programs to create advanced computer-integrated, electronically-networked manufacturing technologies and associated applications. Authorizes appropriations. Requires the Director of the National Science Foundation (NSF) to expand the Engineering Research Centers program with emphasis on advanced manufacturing. Authorizes the establishment of up to five new Centers for such purpose. Authorizes appropriations. Title III: Critical Technologies - Subtitle A: Miscellaneous - Requires the Secretary of Commerce (Secretary) to report annually to the appropriate congressional committees regarding any executive branch international trade negotiations which might affect Federal research and development programs. Subtitle B: Council on Technology and Competitiveness - Establishes within the Executive Office of the President a Council on Technology and Competitiveness. Authorizes appropriations. Subtitle C: Advanced Technology Program - Directs the Secretary to submit to the Congress an expansion plan for the Advanced Technology program. Requires the establishment of at least two new critical technologies consortia. Authorizes appropriations. Subtitle D: Technology Commercialization Loans - Authorizes the Secretary to make technology commercialization loans. Authorizes appropriations. Subtitle E: Critical Technologies Development-Part I: General Provisions - Critical Technologies Development Act of 1992 - Directs the Under Secretary of Commerce for Technology (Under Secretary) to establish a critical technologies development advisory committee. Part II: Program Structure and Operation - Establishes a program of financing qualified business concerns through federally assisted licensees. Part III: Enforcement - Provides for licensee enforcement. Part IV: Miscellaneous - Authorizes the Under Secretary to issue and guarantee trust certificates for licensee preferred securities. Authorizes appropriations. Title IV: International Standardization - Amends the American Technology Preeminence Act of 1991 to expand the standards pilot program to promote the dissemination of U.S. technical standards abroad. Authorizes appropriations. Directs the Secretary to report to the Congress with regard to the appropriate Federal role in developing and promulgating domestic and global product and quality standards. Title V: Miscellaneous Provisions - Authorizes appropriations for: (1) the Office of the Under Secretary; (2) technology policy; (3) Japanese technical literature; (4) National Technical Information Service modernization, including a facilities study; and (5) specified activities within the National Institute of Standards and Technology. Prohibits the fraudulent use of "Made in America" labels. Provides for compliance with the Buy American Act. Prohibits the making of a Malcolm Baldrige National Quality Award within a category or subcategory if there are no qualifying enterprises in that category or subcategory. Title VI: Competitiveness Research, Data Collection, and Evaluation - Directs the Secretary to conduct a competitiveness research program. Authorizes appropriations. Title VII: Education and Workforce Training - Subtitle A: American Industrial Quality and Training - American Industrial Quality and Training Act of 1992 - Authorizes the Secretary to make grants for workforce quality training partnerships. Authorizes appropriations. Authorizes the Secretary of Labor to make grants for youth technical apprenticeship programs. Directs such Secretary to establish a program information clearinghouse. Authorizes appropriations. Authorizes the Secretary of Education to make grants for statewide systems of technical training. Authorizes appropriations. Requires reports on U.S. industry worker training and on the applicability of total quality management to education. Authorizes appropriations. Subtitle B: Scientific and Technical Education - Scientific and Technical Education Act of 1992 - Requires NSF to: (1) carry out a program to assist associate-degree-granting colleges to provide education in advanced technology fields, with emphasis on the needs of nontraditional students; (2) establish up to ten scientific and technical education centers of excellence; (3) make grants to eligible college partnerships to assist associate students in mathematics, science, engineering, or technology make the transition to bachelor-degree-granting institutions; and (4) make grants to strengthen the relationships between associate-degree-colleges and secondary schools. Authorizes appropriations. Authorizes NSF to make grants for technology education teacher training. Authorizes appropriations. Subtitle C: Miscellaneous - Amends the Stevenson-Wydler Technology Innovation Act of 1980 to require the Secretary to report to the Congress on establishment of a Malcolm Baldrige National Quality Award for educational institutions. Directs the Secretary to establish in the Technology Administration the American Industrial Quality Foundation to further U.S. industrial competitiveness in the international marketplace. Authorizes appropriations. Amends the Academic Research Facilities Modernization Act of 1988 to authorize appropriations for the Academic Research Facilities Modernization program. Directs the Secretaries of Agriculture, of Defense, and of Energy, the Administrator of the National Aeronautics and Space Administration (NASA) and the Director of the National Institutes of Aeronautics and Space Health to each establish academic research facilities awards programs. Authorizes appropriations. Authorizes NASA, NSF, and the Department of Energy to establish a joint awards program in support of science and technology instructional equipment and facilities. Authorizes appropriations. Amends the National Science Foundation Act of 1950 to authorize NSF to foster the development of high performance computing. Amends the Excellence in Mathematics, Science, and Engineering Act of 1990 to authorize appropriations for grants to educational agencies for systematic reform of mathematics and science education. Title VIII: Tax and Investment Incentives - Investment Incentives Act of 1992 - Subtitle A: Tax and Investment Incentives - Part I: Research and Experimentation Tax Credit Made Permanent - Amends the Internal Revenue Service Code to make the research tax credit permanent. Part II: Capital Gain Provisions - Provides for: (1) the indexing of certain assets acquired on or after February 1, 1992, for purposes of determining gain; and (2) a 50 percent exclusion for gain of individuals from certain small business stock. Part III: Temporary Investment Incentives - Provides for: (1) a temporary expensing increase for small businesses; and (2) a special depreciation allowance for certain equipment acquired in 1992. Subtitle B: Revenue Provisions - Makes the high-income personal exemption phaseout permanent. Disallows the deduction for: (1) certain employee remuneration in excess of $1 million; and (2) club membership dues. Requires specified identifying information with regard to certain seller-provided financing. Extends temporarily the overall limitation on high-income taxpayer itemized deductions. Sets forth a mark-to-market accounting method for securities dealers. Increases the base tax rate on ozone-depleting chemicals. Title IX: National Security Reinvestment - Subtitle A: Advanced Manufacturing Equipment Leasing Corporations - Provides for the establishment of a pilot Advanced Manufacturing Equipment Leasing Corporation which shall: (1) expand the commercial market for advanced manufacturing equipment produced by eligible Department of Defense (DOD) contractors; and (2) provide such equipment through lease or sale to small and medium commercial businesses at less than market rates. Authorizes appropriations. Subtitle B: Science and Mathematics Educational Reinstatement - Directs NSF to establish and administer a fellowship program for teaching certification in science and mathematics for qualifying displaced or retiring military and defense support personnel. Funds the program through DOD. Authorizes appropriations. Subtitle C: National Security Retraining Fellowships - Directs NSF to establish and administer a fellowship program for retraining qualifying displaced or nonretiring military and defense support personnel with specialized defense-related expertise in science or engineering. Funds the program through DOD. Provides for the establishment of a related Engineer Reinvestment Panel. Authorizes appropriations. Subtitle D: Multiprogram Laboratory Conversion - Requires that within five years of enactment of this Act, ten percent of all Federal funding for research and development at (the Department of Energy) multiprogram laboratories shall be used for joint projects with private industry, including specified priority projects. Subtitle E: Research and Development Spending - Expresses the sense of the Congress that: (1) any budget reductions in DOD research and development should be balanced by equal increases in civilian research and development spending; and (2) defense and civilian research and development spending should be made approximately equal as soon as practicable. Subtitle F: Manufacturing Extension and Critical Technologies - Authorizes DOD appropriations for: (1) manufacturing extension programs; and (2) critical technology application centers.

Bill· HRH.R. 5229 (102nd)open

Fundamental Competitiveness Act of 1992

United States · United States Congress · 21 May 1992

Fundamental Competitiveness Act of 1992 - Title I: Public Debt Reduction - Allows individual taxpayers to designate a portion of tax liability (not to exceed ten percent) on their tax returns to reduce the public debt. Establishes the Public Debt Reduction Trust Fund consisting of amounts so designated. Amends the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) to provide for a sequestration of revenues equivalent to the estimated aggregate amount so designated. Specifies accounts exempted from such sequestration and establishes reporting requirements with respect to budget procedures. Title II: Capital Formation - Establishes a method of computing the credit for increasing research activities based on aggregate research expenses, as an alternative to the method based on qualified research expenses. Establishes a variable capital gains deduction whose formulas on a sliding scale range from ten percent for assets held for one year up to 100 percent for assets held for ten years. Allows a deduction of 50 percent of the capital gain from stock investments by non-corporate taxpayers in start-up companies where initial stock offerings are held for two years. Requires indexing, based on the gross national product deflator, of the adjusted basis of certain assets (corporate stock and tangle property that is a capital asset of property used in a trade or business) that have been held for more than one year at the time of sale or other disposition, solely for the purpose of determining gain or loss. Permits an income tax deduction in the amount of dividends paid by domestic corporations, except S corporations, regulated investment companies, real estate investment trusts, and personal holding companies. Repeals the income tax deductions currently permitted in connection with: (1) dividends received by a corporation; (2) dividends received by a corporation on the preferred stock of a public utility; and (3) dividends paid by a public utility on its preferred stock. Increases the deductible percentage of amounts received by a corporation from a qualified ten-percent owned foreign corporation. Allows a charitable deduction for corporate contributions of employee volunteer services to an educational organization. Establishes an investment tax credit for manufacturing and other productive equipment. Provides for determining the applicable percentage of such credit, which includes an efficiency improvement percentage. Increases the limitation based on the amount of tax for purposes of the general business credit. Provides for the treatment of losses on stock in manufacturing companies as ordinary (as opposed to capital) losses. Allows a partial exclusion of dividends or interest received by an individual. Provides for ordinary-loss treatment for losses on investments in a qualified startup company. Describes such company as one which: (1) manufacture tangible personal property in the United States; (2) does not involve a business acquired from another person; and (3) has not been in existence for more than one taxable year at the time it issued stock. Title III: Antitrust - Amends the Clayton Act to bar the acquisition by one corporation of stock of another, subject to specified conditions, where there is a significant probability that such acquisition will substantially increase the ability to exercise market power (currently, where the effect of such acquisition may be to substantially lessen competition or to tend to create a monopoly). Defines the ability to exercise market power for purposes of such provision as the ability of one or more firms profitably to maintain prices above competitive levels for a significant period of time. Directs the court, in determining whether there is a significant probability that any acquisition will substantially increase the ability to exercise market power, to consider all economic factors relevant to the effect of the acquisition in the affected markets, including: (1) the number and size distribution of firms and the effect of the acquisition thereon; (2) the ease or difficulty of entry by foreign or domestic firms; (3) the ability of smaller firms in the market to increase production in response to an attempt to exercise market power; (4) the nature of the product and terms of sale; (5) conduct of firms in the market; (6) efficiencies deriving from the acquisition; and (7) any other evidence indicating whether the acquisition will or will not substantially increase the ability, unilaterally or collectively, to exercise market power. Amends the National Cooperative Research Act of 1984 to include a joint production venture within the scope of such Act as an activity that shall not be deemed illegal per se under the antitrust laws. Changes the short title of such Act to the National Cooperative Research, Development, and Production Act. Title IV: Business Liability - Subtitle A: Findings - Makes findings with respect to the increasing amount of litigation in our society and the desirability of encouraging alternative dispute mechanisms and providing uniform legal standards in the areas of professional and product liability. Subtitle B: Professionals' Liability Reform - Professionals' Liability Reform Act of 1992 - Establishes certain limitations and procedures regarding professional liability actions. Preempts certain State laws. Provides that nothing in this Act shall prohibit any State from developing or implementing alternative procedures for: (1) expediting the adjudication of professional liability claims; (2) resolving professional liability disputes; or (3) compensating for harm caused by professional services. Requires professional liability actions to be brought within three years after the claimant discovered, or should have discovered, the harm. Requires the claimant, in any professional liability action, to establish: (1) that the professional negligently rendered professional services and that such negligence was the proximate cause of the harm; or (2) in a claim for economic injury, that the professional negligently rendered professional services to and for the direct and intended benefit of the claimant, and such services were the proximate cause of the harm. Requires the claimant to establish that, at the time such services were provided, knowledge of the circumstances that caused the harm and a practical means to eliminate such circumstances were reasonably available. States that a professional shall not be liable in a professional liability action in which: (1) the professional's services were rendered to an agency of the Federal or State government; (2) Federal or State contract specifications existed which were material to the claim; and (3) the services rendered conformed to such specifications. Permits future damage awards exceeding $100,000 to be made by periodic payments. Requires that damage awards be offset by any amount received as compensation for the same injury. Establishes a contingency fee schedule for plaintiffs' attorneys. States that the principles of comparative liability shall apply unless persons engaged in concerted action which proximately caused the harm. Permits the awarding of punitive damages only where the conduct of the defendant: (1) manifested a malicious and reckless disregard for safety; and (2) constituted an extreme departure from accepted standards of safety. States that punitive damages may not be awarded in the absence of a compensatory award, or for the negligent provision of professional services. Requires the trier of fact, at the request of the professional, to consider in a separate proceeding whether punitive damages are to be awarded. Limits the claimant's actual recovery of punitive damages to three times the amount of compensatory damages. States that excess punitive damages shall be paid to the State or Federal government. Makes any attorney who files a frivolous claim subject to pecuniary sanctions by the court. Requires each State to encourage professional organizations to form risk management programs. Subtitle C: Product Liability Fairness - Part I: General Provisions - Product Liability Fairness Act - Declares that this Act governs any product liability action brought against a manufacturer or product seller, on any theory, for harm caused by a product. States that a civil action brought against a manufacturer or product seller for loss or damage to a product itself or commercial loss shall be governed by applicable commercial or contract law. Supersedes any inconsistent State law regarding recovery in such actions. Lists specific laws not superseded, including: (1) defense of sovereign immunity asserted by any State or by the United States; (2) any Federal law (except the Federal Employees Compensation Act and the Longshore and Harbor Workers' Compensation Act); (3) the Foreign Sovereign Immunities Act of 1976; (4) State choice-of-law rules; (5) the right of any court to transfer venue or to apply the law of a foreign nation or to dismiss a claim of a foreign nation or citizen on the ground of inconvenient forum; and (6) any statutory or common law cause of action, including an action to abate a nuisance, that authorizes a State or person to institute an action for civil damages or civil penalties, clean up costs, injunctions, restitution, cost recovery, punitive damages, or any other form of relief from contamination or pollution of the environment or the threat of it. Declares that U.S. district courts shall not have jurisdiction over any civil action under this Act, based on specified provisions of Federal law relating to district court jurisdiction. Declares that, if any provision of this Act would shorten the period during which a manufacturer or seller would otherwise be exposed to liability, the claimant may, notwithstanding that period, bring any civil action under this Act within one year after the effective date of this Act. Part II: Out of Court Procedures - Allows any claimant to bring a civil action for damages against a person for harm caused by a product under applicable State law, except to the extent such law is superseded by this title. Sets forth expedited settlement measures, including: (1) an option to include an offer of settlement, for a specific dollar amount, by the plaintiff in the complaint and by the defendant in a responsive pleading; and (2) awarding attorney's fees and costs, in certain circumstances, to the prevailing party if the other party does not accept the settlement offer. Sets forth alternative dispute resolution procedures, including: (1) an option, in lieu of or in addition to a settlement offer, for a claimant or a defendant to offer to proceed under any voluntary alternative dispute resolution procedure established or recognized under the law of the State in which the action is brought or maintained; and (2) awarding of attorney's fees and costs to the offering party if the court determines that a refusal to so proceed was unreasonable or not in good faith. Creates a rebuttable presumption that a refusal to so proceed was unreasonable, or not in good faith, if a verdict is rendered in favor of the offeror. Part III: Court Procedures - Allows a person seeking to recover for harm caused by a product to bring a civil action against the manufacturer or seller under applicable State or Federal law, except to the extent such law is superseded by this Act. Establishes a standard of product seller liability for proximate causes of harm, established by a preponderance of the evidence, which fall under the categories of negligence or express warranty. Allows the trier of fact, in a negligence action, to consider the conduct of the seller with respect to: (1) the construction, inspection, or condition of the product; and (2) failure to pass on warnings or instructions from the manufacturer. Deems the seller not liable for failure to provide warnings or instructions unless the claimant establishes that the seller failed to: (1) provide warnings or instructions received while the product was in the seller's possession and control; or (2) make reasonable efforts to provide users with warnings and instructions which it received after the product left its possession and control. Deems a seller not liable except for breach of warranty where there was no opportunity to inspect the product in a manner which would or should, in the exercise of reasonable care, have revealed the aspect which allegedly caused the harm. Declares that the seller shall be treated as the manufacturer and be liable for harm caused by a product as if it were the manufacturer if: (1) the manufacturer is not subject to service of process in any State in which the action might have been brought; or (2) the court determines that the claimant would be unable to enforce a judgment against the manufacturer. Allows punitive damages, if otherwise permitted by applicable law, to be awarded in any civil action under this title to any claimant who establishes by clear and convincing evidence that the harm suffered was the result of conduct manifesting a manufacturer's or product seller's conscious, flagrant indifference to the safety of those persons who might be harmed by a product. Declares that a failure to exercise reasonable care in choosing among alternative product designs, formulations, instructions, or warnings is not of itself such conduct. Prohibits awarding punitive damages in the absence of a compensatory award, subject to exception. Prohibits punitive damages against a manufacturer or seller of a drug or medical device where: (1) the drug or device was subject to pre-market approval by the Food and Drug Administration (FDA); or (2) the drug is generally recognized as safe and effective under conditions established by the FDA. Prohibits punitive damages against a manufacturer of an aircraft where: (1) the aircraft was subject to pre-market certification by the Federal Aviation Administration (FAA); and (2) the manufacturer complied, after delivery, with FAA requirements and obligations with respect to continuing airworthiness. Provides for separate proceedings, if requested by the manufacturer or seller, with regard to punitive damages. Lists factors the trier of fact is allowed to consider in determining the amount of punitive damages. Bars any civil action under this title: (1) unless filed within two years after the claimant discovered or should have discovered the harm and its cause, subject to exception; and (2) if the product involved is a capital good that is alleged to have caused harm which is not a toxic harm unless filed within twenty-five years after delivery of the product, provided the claimant has received or would be eligible for State or Federal workers' compensation. Excludes a motor vehicle, vessel, aircraft, or railroad used primarily to transport passengers for hire from these time limitations. States that nothing in these provisions affects the right of any person who is subject to liability under this Act to obtain contribution or indemnity from any other person who is responsible for the harm. Requires reduction in the damages awarded by the sum of all State or Federal workers' compensation benefits to which the employee is or would be entitled. Requires a claimant in a civil action under this title who is or may be eligible to receive State or Federal workers' compensation to notify the claimant's employer of the civil action. Requires an action to be stayed, at the sole discretion of the claimant, until a final determination is made on the amount payable as workers' compensation benefits. Declares that, unless the manufacturer or seller has expressly agreed to indemnify or hold an employer harmless, neither the employer nor the workers' compensation insurance carrier shall have a right of subrogation, contribution, or implied indemnity against the manufacturer or seller or a lien against the claimant's recovery, except if the claimant's harm was not in any way caused by the fault of the claimant's employer or co-employees. Allows the employer or workers' compensation insurer to intervene in the action to prove that fact. Prohibits a third party tortfeasor, where workers' compensation is involved, from maintaining any action for implied indemnity or contribution against the employer, any coemployee, or the exclusive representative of the injured person. Prohibits, for a person who is or would have been entitled to receive workers' compensation, any other action, unless a State or Federal workers' compensation law permits recovery based on a claim of an intentional tort. Makes these provisions inapplicable and declares that applicable State law shall control if the employer or the workers' compensation insurer asserts a right of subrogation, contribution, or implied indemnity against the manufacturer or seller or a lien against the claimant's recovery. Declares that, in any product liability action, the liability of each defendant for noneconomic damages shall be several and not joint. Requires the trier of fact to determine the proportion of responsibility of each party for the claimant's harm. Establishes a complete defense, in any civil action under this Act in which all defendants are manufacturers or sellers, that the claimant was under the influence of alcohol or any drug and that, as a result, the claimant was more than 50 percent responsible for the event which resulted in the harm. Defines "drug" to mean any non-over-the-counter drug which has not been prescribed by a physician. Title V: Long-Term Investment - Long-Term Investment Promotion Act of 1992 - Amends the Securities Exchange Act of 1934 to eliminate the requirement that publicly-held corporations report their financial status on a quarterly basis. Title VI: Competitiveness Risk Assessment - Declares that no agency shall propose or promulgate a regulation without first analyzing its direct and indirect effects on the health and safety of consumers and workers, including effects due to wage and job losses, price increases, product restrictions, technological delays, and substitution effects. Title VII: Department of Manufacturing And Commerce - Department of Manufacturing and Commerce Act of 1992 - Renames the Department of Commerce as the Department of Manufacturing and Commerce. Requires the President to establish a Manufacturing Advisory Commission to examine Federal agencies, programs, and offices responsible for manufacturing-related research and development, technology transfer, education, and trade in order to prepare a report for the Congress on the feasibility of consolidating such agencies, programs, and offices into a single Office of Manufacturing within the Department of Manufacturing and Commerce. Title VIII: Amendments to the Stevenson-Wydler Technology Innovation Act of 1980 - Amends the Stevenson-Wydler Technology Innovation Act of 1980 to change from discretionary to mandatory a Federal agency's authority to permit the director of any of its laboratories to enter into cooperative research and development agreements on its behalf. Authorizes each Federal agency to copyright on behalf of the United States any computer software prepared in whole or in part by Government employees involved in cooperative research and development agreements. Includes software royalties in the current distribution format (agency, laboratory, author, and Treasury) under such Act.

Bill· HRH.R. 5238 (102nd)open

Revitalization of Health and Education in Rural America Act of 1992

United States · United States Congress · 21 May 1992

Revitalization of Health and Education in Rural America Act of 1992 - Amends the Food, Agriculture, Conservation, and Trade Act of 1990 to direct the Administrator of the Rural Electrification Administration to establish a program for providing grants to qualified consortia to assist them in obtaining access to modern interactive telecommunications systems through the public switched network. Sets forth: (1) application requirements; (2) review and comment procedures (by a State agency); (3) criteria for selection of grantees (giving priority to applications demonstrating the greatest likelihood of successfully and efficiently carrying out specified activities, the participation of the local telephone exchange carrier in providing and operating the telecommunications transmission facilities required by a State plan for upgrading rural telecommunications infrastructure, and unconditional financial support from the local community, and ensuring (to the extent possible) that various regions of the United States benefit from the use of the grants); and (4) limits on the maximum grant amount and the period of disbursement of grants. Specifies that grants under this Act may be used to support the costs of activities involving the sending and receiving of information to improve health care or educational services in rural areas. Sets limitations with respect to: (1) the use of grant funds for the acquisition of interactive telecommunications equipment; (2) the use of such funds to employ consultants; and (3) the authorization of appropriations. Bars the use of funds under this Act to establish or operate a telecommunications network or telecommuncations service for hire. Amends the Rural Electrification Act of 1936 (REA) to: (1) provide for a reduction in the interest rate on insured telephone loans for borrowers from States with plans for upgrading rural telecommunications infrastructure; and (2) eliminate a preference for rural telephone bank loans for borrowers located in such States. Modifies the definition of "rural area" for purposes of telephone loans to mean specified areas not included within the boundaries of an area having a population in excess of 10,000 (currently, 1,500) inhabitants. Expresses the sense of the Congress that persons eligible for telephone loans under the REA who are interested in upgrading telecommunications in rural areas should obtain financial assistance under such Act through a subsidiary in order to limit the assets subject to the lien requirements of such Act. Directs the Administrator of the Rural Electrification Administration and the Governor of the Rural Telephone Bank to prescribe such regulations as necessary to carry out this Act.

Question· oralPQ 26asked

26 Mr. Gilmore asked the Minister for Tourism, Transport and Communications if she has recently made a submission to the EC seeking economic aid to help subsidise air and sea freight services with a view to helping Irish exports compete; if so, if she will outline the response to the submission, and if she will make a statement on the matter.

Ireland · Dáil Éireann · 20 May 1992

26 Mr. Gilmore asked the Minister for Tourism, Transport and Communications if she has recently made a submission to the EC seeking economic aid to help subsidise air and sea freight services with a view to helping Irish exports compete; if so, if she will outline the response to the submission, and if she will make a statement on the matter.

Question· oralPQ 24asked

24 Mr. Moynihan asked the Minister for Tourism, Transport and Communications if she will outline her proposals for the expansion of rural tourism projects, under the proposed 1994-99 tourism Structural Funds programme.

Ireland · Dáil Éireann · 20 May 1992

24 Mr. Moynihan asked the Minister for Tourism, Transport and Communications if she will outline her proposals for the expansion of rural tourism projects, under the proposed 1994-99 tourism Structural Funds programme.

Question· oralPQ 23asked

23 Mr. Shatter asked the Minister for Tourism, Transport and Communications if she will give details of the recent agreement between the EC authorities and the Irish and British Governments in upgrading the Belfast-Dublin railway line; and if she will outline (a) the total cost of the project, (b) the period over which its money is to be spent, (c) the cost to the Exchequer and (d) the proposed level of service to passengers to be provided when the developmental works are completed.

Ireland · Dáil Éireann · 20 May 1992

23 Mr. Shatter asked the Minister for Tourism, Transport and Communications if she will give details of the recent agreement between the EC authorities and the Irish and British Governments in upgrading the Belfast-Dublin railway line; and if she will outline (a) the total cost of the project, (b) the period over which its money is to be spent, (c) the cost to the Exchequer and (d) the proposed level of service to passengers to be provided when the developmental works are completed.

Question· oralPQ 22asked

22 Mr. Byrne asked the Minister for Tourism, Transport and Communications if, in regard to the announcement made following the meeting of the Anglo-Irish Conference on 27 April, regarding the upgrading of the Dublin-Belfast rail line, she will outline the total budget for the plan, including the amount to be contributed from the Irish Exchequer; when it is expected that work will be commenced and when it will be completed; and if she will make a statement on the matter.

Ireland · Dáil Éireann · 20 May 1992

22 Mr. Byrne asked the Minister for Tourism, Transport and Communications if, in regard to the announcement made following the meeting of the Anglo-Irish Conference on 27 April, regarding the upgrading of the Dublin-Belfast rail line, she will outline the total budget for the plan, including the amount to be contributed from the Irish Exchequer; when it is expected that work will be commenced and when it will be completed; and if she will make a statement on the matter.

Question· oralPQ 17asked

13 Mr. Byrne asked the Minister for Tourism, Transport and Communications if she will outline her views on the performance of the management of An Post in regard to industrial relations in the company, and if she will make a statement on the matter.

Ireland · Dáil Éireann · 20 May 1992

13 Mr. Byrne asked the Minister for Tourism, Transport and Communications if she will outline her views on the performance of the management of An Post in regard to industrial relations in the company, and if she will make a statement on the matter.

Question· oralPQ 16asked

23 Mr. Shatter asked the Minister for Tourism, Transport and Communications if she will give details of the recent agreement between the EC authorities and the Irish and British Governments in upgrading the Belfast-Dublin railway line; and if she will outline (a) the total cost of the project, (b) the period over which its money is to be spent, (c) the cost to the Exchequer and (d) the proposed level of service to passengers to be provided when the developmental works are completed.

Ireland · Dáil Éireann · 20 May 1992

23 Mr. Shatter asked the Minister for Tourism, Transport and Communications if she will give details of the recent agreement between the EC authorities and the Irish and British Governments in upgrading the Belfast-Dublin railway line; and if she will outline (a) the total cost of the project, (b) the period over which its money is to be spent, (c) the cost to the Exchequer and (d) the proposed level of service to passengers to be provided when the developmental works are completed.

Question· oralPQ 15asked

22 Mr. Byrne asked the Minister for Tourism, Transport and Communications if, in regard to the announcement made following the meeting of the Anglo-Irish Conference on 27 April, regarding the upgrading of the Dublin-Belfast rail line, she will outline the total budget for the plan, including the amount to be contributed from the Irish Exchequer; when it is expected that work will be commenced and when it will be completed; and if she will make a statement on the matter.

Ireland · Dáil Éireann · 20 May 1992

22 Mr. Byrne asked the Minister for Tourism, Transport and Communications if, in regard to the announcement made following the meeting of the Anglo-Irish Conference on 27 April, regarding the upgrading of the Dublin-Belfast rail line, she will outline the total budget for the plan, including the amount to be contributed from the Irish Exchequer; when it is expected that work will be commenced and when it will be completed; and if she will make a statement on the matter.

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