H.R.4150 - Economic Growth Act of 1992102nd Congress (1991-1992)
Summary: H.R.4150 — 102nd Congress (1991-1992)
Introduced in House (02/04/1992)
Economic Growth Act of 1992 - Title I: Enhanced Economic Recovery Act of 1992 - Enhanced Economic Recovery Act of 1992 - Subtitle A: Provisions Relating to Capital Gains - Amends the Internal Revenue Code to allow a capital gains deduction for noncorporate taxpayers for assets held from one to three years. Provides special rules for the gain or loss from the sale or exchange of collectibles and sales of interest in partnerships. Disallows such deduction in computing the alternative minimum tax, except with respect to gains realized on the sale, exchange, or other disposition of a direct or indirect interest in real estate or in closely held business. Revises the formula for determining gain from the dispositions of certain depreciable realty to take into account depreciation adjustments (adjustments allowed or allowable for exhaustion, wear and tear, obsolescence, or certain amortization).
Subtitle B: Provisions Relating to Passive Losses and Depreciation - Treats the real estate development activity of a taxpayer as a single trade or business activity that is not a rental activity.
Allows an additional depreciation allowance for the purchase of new equipment as investment property after February 1, 1992, and placed in service before July 1, 1993. Reduces the basis adjustment of such property by the amount of the additional allowance. Requires application of such allowance in determining the alternative minimum tax.
Restricts the determination of adjusted current earnings for purposes of computing alternative minimum taxable income to property placed in service after 1989 and prior to February 1, 1992.
Subtitle C: Provisions Relating to Real Estate Investments by Pension Funds - Modifies exceptions to the meaning of acquisition indebtedness. Makes certain exceptions inapplicable to sales out of foreclosure by a financial institution.
Makes exceptions to acquisition indebtedness inapplicable to certain large partnerships where the principal purpose of partnership allocations is not tax avoidance. Repeals the special rule for publicly traded partnerships under provisions concerning unrelated business taxable income.
Subtitle D: Provisions Affecting Homebuyers - Allows a tax credit to a first-time homebuyer who purchase a principal residence of ten percent of the purchase price, not to exceed $5,000. Limits such credit to one residence and requires acquisition on or after February 1, 1992, and January 1, 1993. Allow such credit to be carried forward for up to five years.
Allows penalty-free withdrawals from individual retirement plans for a first-home purchase. Limits such distribution to $10,000, or other applicable amount if previous distributions have been made.
Title II: Tax Relief for Families - Tax Relief for Families Act of 1992 - Subtitle A: Provisions Relating to Education and Savings - Allows a deduction for interest on education loans for the taxpayer, the taxpayer's spouse, or child. Requires such loans to be for tuition and related expenses at certain higher education institutions. Reduces such deduction by any amount excludable from gross income by reason of the redemption of U.S. bonds for higher education expenses. Coordinates such deduction with the home equity indebtedness provision. Provides that investment interest does not include qualified educational interest.
Requires persons who receive interest payments to report such information on an information return, and to furnish written statements to the payors on receipt of such payments.
Allows the establishment of flexible individual retirement accounts (FIRA) for the exclusive benefit of an individual and the individual's beneficiaries. Limits annual contributions to the lesser of $2,500, or the compensation includable in the individual's gross income. Prohibits contributions to FIRAs maintained for a taxpayer if the taxpayer's adjusted gross income exceeds: (1) $120,000, in the case of a joint return; (2) $100,000, in the case of a surviving spouse or head of household; and (3) $60,000, in any other case.
Prohibits the establishment of FIRAs for dependents.
Makes FIRAs exempt from taxation, except the tax on unrelated business income of charitable, etc. organizations. Allows pooling arrangements for such accounts.
Excludes from gross income distributions out of a FIRA held for at least seven years. Imposes the ten-percent additional penalty tax on distributions made during the first three years. Allows the use of FIRA as security for a loan.
Provides for the transfer from individual retirement plans to FIRAs.
Allows penalty-free withdrawals from qualified retirement plans for qualified higher education expenses and financially devastating medical expenses.
Subtitle B: Other Provisions - Allows a deduction for loss incurred from the sale of a principal residence. Provides for an increase in the basis of a new principal residence purchased by a taxpayer who realized a loss on the sale of the old residence.
Increases the personal exemption for a child who has not attained aged 19.
Extends the deduction for health insurance cost for self-employed individuals from June 30, 1992, to December 31, 1993.
Allows a deduction for qualified adoption expenses of up to $3,000. Denies the use of such deduction for any expense for which a deduction or credit is already allowable and for which reimbursements have been made. Defines qualified adoption expenses as those: (1) directly related to the legal adoption of a child with special needs; (2) that are not incurred in violation of State or Federal law; and (3) that are of a type eligible for reimbursement under the adoption assistance program under title IV of the Social Security Act (Grants to States for Aid and Services to Needy Families with Children and for Child-Welfare Services.
Allows such deduction whether or not the taxpayer itemizes deductions.
Includes as a working condition fringe excluded from gross income any passes, tokens, fare cards, tickets or similar instruments for commuting by public transit provided to an employee at a discount by the employer, or reimbursements by the employer to cover all or part of the costs of such instruments, to the extent that such amounts do not exceed $60 per month.
Title III: Long Term Growth - Long Term Growth Act of 1992 - Subtitle A: Extension of Expiring Provisions - Makes permanent the tax credit for increasing research activities and for clinical testing expenses for certain drugs for rare diseases or conditions.
Extends the termination dates of the following provisions: (1) the rules of allocating research and experimental expenditures; (2) the low-income housing credit; (3) the targeted jobs credit; and (4) the solar and geothermal investment credit.
Extends the authority to issue qualified small issue bonds to finance farm property.
Extends the authority to issue qualified mortgage bonds and mortgage credit certificates.
Subtitle B: Provisions Relating to Enterprise Zones - Enterprise Zone-Jobs Creation Act of 1992 - Authorizes the Secretary of Housing and Urban Development (Secretary) to designate enterprise zones for purposes of providing tax and regulatory relief and improving local services. Limits choices to areas nominated by States and local governments. Limits the total number of areas that may be designated, and the time period of the designation.
Authorizes the Secretary to designate a zone only if the area meets certain locational, demographic, unemployment, and poverty criteria. Requires nominating local governments, as a condition of the Secretary's designation, to agree in writing to follow a course of action that may include reducing tax rates, improving local services, simplifying or streamlining regulation of business, and providing job training to area residents.
Describes areas to which the Secretary must give preference in selecting areas for designation.
Requires the Secretary to report to the Congress every four years on the effects of such enterprise zones' designation in accomplishing the purposes of this Act.
Allows a nonrefundable income tax credit to enterprise zone employees for five percent of any wages earned do not exceed specified amount. Phase-out such credit. Provides for the nonrecognition of capital gain on the sale of enterprise zone property. Allows a taxpayer a deduction on the aggregate amount paid for the purchase of enterprise stock on its original issue by a qualified issuer.
Requires any gain from the disposition of the stock to be treated as ordinary income.
Amends Federal law to revise the definition of small entity for purposes of the analysis of regulatory functions to include qualified business, government, and nonprofit enterprises operating within enterprise zones.
Authorizes Federal agencies, upon request by a nominating government to waive or modify rules and regulation pertaining to the implementation of projects or activities within an enterprise zone. Requires agencies to approve the request if the resulting benefits of job creation, community development, or economic revitalization outweigh the public interest in retaining the rule unchanged.
Disallows waiver or modification of a rule that would directly violate a statutory requirement or present a danger to the public health and safety.
Requires the Foreign-Trade Zone Board to consider on a priority basis and to expedite the processing of applications for the establishment of foreign-trade zones within enterprise zones. Requires the Secretary of the Treasury to give priority to, and expedite the processing of applications for, the establishment of ports of entry necessary to establish such zones.
Subtitle C: Excise Tax Provisions - Repeals the luxury excise tax on boats and aircraft. Repeals the exemption from the tax on diesel fuel and boats, unless such boats are used in a boat business. Retains excise taxes for diesel fuels used in pleasure boats shall be retained in the General Treasury. (Current law requires transfer of such amounts to the Highway Trust Fund and the Leaking Underground Storage Tank Trust Fund.)
Subjects certain digital data transmissions to the communications excise tax. Repeals the exemption of certain coin-operated telephone services from such tax.
Subtitle D: Provisions Related to Retirement Savings and Pension Distributions - Allows distributions from qualified pension plan to be rolled over tax-free to an individual retirement account or another qualified plan or annuity.
Repeals: (1) the $5,000 limitation on the exclusion from gross income of employees' death benefits; (2) the five-year forward income averaging for lump-sum distributions; and (3) the exclusion of net unrealized appreciation in employer securities.
Establishes a method of taxing annuity payments by taking into account the investment in the contract and the number of anticipated payments.
Requires qualified plans to allow participants to elect to have distributions transferred directly to another qualified plan.
Establishes a simplified employee pension plan that allows salary reduction arrangements for employers of fewer than 100 employees.
Prohibits State and local governments from participating in cash or deferred arrangements.
Authorizes the Secretary of the Treasury, as a condition of sponsorship, to prescribe rules defining the duties and responsibilities of certain master and prototype retirement plans.
Replaces the two-part nondiscrimination test for elective contributions under cash or deferred arrangements with a single test of whether: (1) the actual deferral percentage of highly compensated employees exceeds 200 percent of the average deferral percentage of nonhighly compensated employees for a plan year; and (2) the actual deferral percentage of such employees exceeds the average deferral percentage of nonhighly compensated employees for the preceding plan year by more than three percentage points.
Redefines the term "compensated employee" for pension, profit sharing, stock bonus plan, etc. purposes.
Makes such an employee one who is five-percent owner or compensation from the employer in excess of $50,000. Provides a special rule where no employees are treated as highly compensated.
Eliminates the rule requiring ten years of service for employees subject to collective bargaining agreements under multiemployer plans.
Subtitle E: Other Provisions - Repeals the appreciated property charitable deduction.
Requires a charitable contribution allowable as a deduction in computing taxable income to be allocated and apportioned solely to gross income from sources within the United States.
Requires the donee of any large charitable donation to make an information return relating to such donation.
Provides for the application of the Medicare hospital insurance tax to State and local employees. Amends the Social Security Act to provide for the entitlement of such employees to hospital insurance benefits.
Requires dealers in stock or securities to use the mark to market inventory accounting method.
Disallows interest deduction on corporate owned life insurance.
Prohibits a deduction for certain losses on the disposition of property to the extent that the taxpayer has a right to be reimbursed for the loss with assistance from the Federal Savings and Loan Insurance Corporation (FSLIC).
Limits the tax exemption for credit unions to small credit unions with assets of less than $50,000,000. Restricts the deduction for dividends paid on deposits and the deduction for additions to reserves for bad debts to credit unions that are not small credit unions.
Provides that certain life insurance contracts will be treated as annuity contracts only if the purchaser irrevocably chooses as a settlement option a series of substantially equal periodic payments made for the life of the annuitant or the joint lives of the annuitants.
Expands the 45-day interest-free period for refunding tax overpayments in case the right to the refund arises other than pursuant to the original filing of a tax return.
Title IV: Financial Institutions Safety and Consumer Choice Act of 1992 - Financial Institutions Safety and Consumer Choice Act of 1992 - Subtitle A: Financial Services Modernization - Chapter 1: Financial Services Holding Companies - Amends the Bank Holding Company Act to define financial services holding companies and diversified holding companies.
Amends the Bank Holding Company Act of 1956 to specify additional financial entities prohibited from acquiring control or ownership of certain financial services organizations. Prohibits any insured depository institution (except foreign banks with insured branches in the United States) from becoming a financial services holding company or a diversified holding company.
Sets forth expedited procedures for acquisition of additional banks by well capitalized financial services holding companies. Sets forth guidelines for acquisitions involving diversified holding companies.
Provides that financial services holding companies (except certain foreign banks) cannot be banks. Modifies the guidelines for ownership interests in nonbanking organizations. Replaces the current "closely related" standard for permissible activities with a "financial nature" standard. Sets forth the permissible parameters for insurance and securities affiliates. Sets a deadline by which a financial services holding company must notify the appropriate Federal banking agency with respect to its ownership or control of the shares of a company engaged in qualified financial activities. Outlines permissible nonbanking activities and acquisitions for well capitalized financial services holding companies. Sets forth additional capital requirements for a financial services holding company that intends to engage in, or acquire, or retain the shares of a company engaged in a new financial activity. Sets forth certain restrictions on the activities of financial services holding companies.
Prescribes guidelines for acquisition activities by diversified holding companies and their affiliates. Sets forth Federal administrative procedures for financial services holding companies and diversified holding companies (including their subsidiaries and affiliates). Prohibits the States from preventing or impeding certain acquisition or affiliation activities undertaken by: (1) insured depository institutions; (2) diversified holding companies; and (3) financial services holding companies.
Amends the Bank Holding Company Act Amendments of 1970 to prohibit a financial services holding company or a diversified holding company from: (1) engaging in certain tying arrangements; or (2) transacting insider loans.
Amends the Home Owners' Loan Act to exempt from its coverage financial services holding companies and diversified holding companies.
Chapter 2: Financial Activities of National Banks - Amends the Banking Act of 1933 to provide that its limitations and restrictions with respect to certain securities activities conducted by a national bank for its own account shall not apply to the distribution of securities issued by investment companies if the association is not an affiliate of a securities affiliate.
Amends the Banking Act of 1933 to repeal the proscription against: (1) the affiliation of member banks with organizations engaged principally in securities; and (2) member bank personnel serving simultaneously as employees or officers of securities organizations.
Authorizes national banking associations located in certain small-sized population areas to sell insurance to residents of the State in which the association is located. Amends the Federal Reserve Act to: (1) set forth conditions under which a loan or extension of credit by a member bank shall not be deemed to be made to an affiliate; (2) require prior notification to the appropriate Federal banking agency before a financial services holding company may permit an insured depository institution under its control to engage in a covered transaction which exceeds five percent of its capital stock and surplus; and (3) revise definitions related to affiliates of member banks.
Amends the Federal Deposit Insurance Act to require customer disclosure by an insured depository institution with respect to the non-insured status of its non-banking products.
Chapter 3: Non-Banking Activities of Foreign Banks in the United States - Amends the International Banking Act of 1978 to set forth circumstances under which a foreign bank that maintains a branch or agency in the United States (or owns or controls a commercial lending company organized under State law) shall be subject to the provisions of this Act.
Chapter 4: Amendments to the Securities Acts - Amends the Securities Act of 1933 to: (1) subject to its provisions certain bank-issued securities and certain savings association-issued securities; (2) exempt from its provisions certain bank and savings association instruments functioning as securities in a secured transaction; (3) exempt from its provisions equity securities transactions with respect to bank acquisition by a financial services holding company, or acquisition of a financial services holding company by a diversified holding company.
Amends the Securities Exchange Act of 1934 to: (1) revise definitions relating to bank broker activities and bank dealer activities; (2) prohibit any bank from acting as broker or dealer except in the course of an exclusively intrastate business; and (3) prohibit certain securities transactions, with specified exceptions, taking place on bank premises which are commonly accessible to the general public for deposit-making purposes. Repeals the Federal agency administration provisions with respect to disclosure requirements for securities issued by insured depository institutions.
Amends the Investment Company Act of 1940 to mandate that the custody of investment company assets or unit investment trusts by affiliates of either the registered management company or the registered unit investment trust must be in accordance with Securities and Exchange Commission (SEC) rules prescribed for investor protection.
Prohibits a registered investment company from having a majority of its board of directors consisting of personnel of any one bank and its subsidiaries, or any one financial services holding company and its affiliates and subsidiaries.
Grants the SEC additional rulemaking authority regarding bank affiliated mutual funds.
Prohibits registered investment company securities from being represented as: (1) guaranteed, sponsored, recommended or approved by any Federal agency; (2) insured by the FDIC; or (3) guaranteed or an obligation of any bank or insured institution.
Provides that any person issuing or selling securities of an investment company whose name is similar to that of a bank may be required to disclose prominently that the investment company and its securities are neither FDIC-insured, nor guaranteed by an affiliated bank or insured institution, nor otherwise an obligation of such bank or insured institution. Authorizes the SEC to determine by order that use of a name similar to a bank is deceptive and misleading, and to take action accordingly.
Amends the Investment Advisers Act of 1940 to include within the meaning of "investment adviser" any bank or financial services holding company which acts an investment adviser to a registered investment company (unless it performs such services through a separately identifiable division). Requires the SEC to give notice to the appropriate Federal banking agency prior to initiating any investigative or enforcement proceedings against a financial services holding company bank, or bank division acting as registered investment adviser.
Amends the Securities Act of 1933, the Securities Exchange Act of 1934, and the Investment Company Act of 1940 to exempt certain bank common trust funds from their coverage. Amends the Internal Revenue Code to provide that the transfer to a regulated investment company of all or substantially all of the assets of a common trust fund shall not result in a gain or loss to the common trust fund participants if the transfer is the result of a merger, conversion, reorganization, transfer or similar transaction. (Thus, if a bank were to transfer a common trust fund to a mutual fund, such transfer per se would not be considered a taxable event for the fund participants).
Directs the SEC to examine and report to the Congress on the appropriate treatment of: (1) bank collective investment funds and separate accounts under the securities laws and the Employee Retirement Income Security Act (ERISA); and (2) common trust funds under the securities laws.
Chapter 5: Amendments to Prompt Corrective Action - Amends the Federal Deposit Insurance Act to set forth: (1) definitional guidelines; and (2) permissible activities for banks within various capital levels including financial services holding companies).
Amends the Federal Deposit Insurance Act, the Bank Conservation Act, the Federal Reserve Act, and the Home Owners' Loan Act to set forth additional grounds for appointing conservators and receivers for specified undercapitalized depository institutions.
Chapter 6: Nationwide Banking and Branching - Amends the Financial Services Holding Company Act to authorize nationwide banking, notwithstanding certain State laws, by: (1) a diversified holding company; (2) a financial services holding company; or (3) a foreign bank.
Amends Federal banking law to permit a national banking association to establish and operate new branches at an initial location within any State in which a financial services holding company or State bank having the same home State (or chartered in the same home State as such association) could establish a branch. Provides for the interstate consolidation or merger of national banks, or State banks with national banks, and for the subsequent retention of pre-existing branches subject to regulatory approval.
Amends the Federal Deposit Insurance Act to prohibit State proscription against interstate branching by State banks. Permits a host State to determine compliance by interstate branches with its regulations, and to coordinate regulatory supervision with other State bank authorities regarding branches of State-chartered banks.
Amends the International Banking Act of 1978 to provide that during the three-year period starting on the date of enactment of this Act the Director may authorize foreign banks to establish and operate federally-chartered branches in the United States if such establishment is not prohibited by the law of the relevant State. Revises the limitations placed upon interstate branching by foreign banks to more closely conform with the limitations placed upon interstate branching by domestic banks.
Amends the Home Owners' Loan Act to authorize approval by the appropriate Federal banking agency for a savings and loan holding company or a foreign bank to acquire interstate interests in savings associations. Permits the consummation of such approved acquisitions even though State law would otherwise prohibit or limit them.
Subtitle B: Miscellaneous Provisions - Chapter I: Reduction in Regulatory Burden - Prohibits an appropriate Federal banking agency from requiring any institution under it jurisdiction to prepare or maintain data to comply with the Fair Housing Act, other than the data prescribed pursuant to the Home Mortgage Disclosure Act.
Chapter 2: Expedited Funds Availability - Amends the Expedited Funds Availability Act with respect to the frequency of notices when funds will be held beyond statutory schedules to provide that no further notice is required after the required notice has been furnished until one year later or such other time as the exception for which the notice was provided ceases to apply, whichever is earlier.
Subtitle C: Technical and Conforming Amendments - Chapter I: Severability; Transition References - Sets forth severability and transition provisions.
Chapter 2: Technical and Conforming Amendments - Makes technical and conforming amendments to specified Federal Acts.
Chapter 3: Repeal of Obsolete Provisions of Law - Repeals specified provisions of Federal law.
Chapter 4: Effective Date - Sets forth the effective date of amendments made by this title.
Title V: Pension Security Act - Pension Security Act of 1992 - Subtitle A: Amendments to Pension Plan Funding Requirements - Part 1: Amendments to the Internal Revenue Code of 1986 - Amends the Internal Revenue Code to revise the additional funding requirements for pension plans that are not multiemployer plans to provide for an underfunding reduction requirement and a solvency maintenance requirement.
Part 2: Amendments to the Employee Retirement Income Security Act of 1974 - Amends the Employee Retirement Income Security Act of 1974 (ERISA) to revise the additional funding requirements pension plans that are not multiemployer plans to provide for an underfunding reduction requirement and a solvency maintenance requirement.
Subtitle B: Amendments to Title IV of ERISA - Amends title IV (Plan Termination Insurance) of ERISA to set forth limitations on the benefits guaranteed by the Pension Benefit Guaranty Corporation (PBGC).
Revises provisions relating to: (1) enforcement of minimum funding requirements; (2) definition of contributing sponsor; (3) recovery ratio payable under PBGC guaranty; (4) distress termination criteria for banking institutions; and (5) variable rate premium exemption. Eliminates a specified seventh revolving fund and transfer its assets and liabilities to the first revolving fund (i.e. the single-employer basic benefits guaranty fund).
Subtitle C: Employer Liability, Lien and Priority - Part 1: Amendments to Title IV of the Employee Retirement Income Security Act of 1974 - Amends title IV of ERISA to revise limitations on employer liability liens and priority amounts.
Provides that, in the case of plan terminations initiated on or after January 1, 1992, the lien of the Pension Benefit Guaranty Corporation (PBGC) for employer liability shall be determined according to a specified formula. Makes similar revisions relating to the amount of liability to the PBGC which is entitled to priority treatment in insolvency and bankruptcy cases. Amends the Pension Protection Act with respect to bankruptcy and insolvency claims. Provides that specified amendments under this Act shall be effective as if included under the Single-Employer Pension Plan Amendments of 1986 and the Pension Protection Act.
Amends ERISA to provide for liability upon liquidation of a contributing sponsor of a single-employer plan. Makes such sponsor liable as though the plan had terminated in a distress termination, even if the sponsor's controlled group remains a contributing sponsor of the plan or is liable for payment of specified contributions or installments. Directs the PBGC to transfer such liability payments to the ongoing plans.
Part 2: Amendments to Title 11, United States Code - Amends the Federal bankruptcy code to permit the PBGC to be a member of an unsecured creditors' committee.
Revises priority payment provisions with respect to: (1) unpaid contributions to pension plans under ERISA; and (2) certain liability arising from pension plan terminations under ERISA. (Classifies these priorities as expenses arising before, or administrative expenses arising after, the commencement of the case, depending on whether such unpaid contributions are attributable, or such plan termination occurs, before or after the filing of the petition for bankruptcy.)
Amends one of specified Bankruptcy Rules to require the bankruptcy court to give the PBGC notice of a bankruptcy petition filed (and all other notices required to be served on creditors and interested parties), in any case in which the debtor or an affiliate maintains a pension plan to which title IV of ERISA applies.
Title VI: Federal Insurance Accounting Act of 1992 - Federal Insurance Accounting Act of 1992 - Amends the Congressional Budget Act of 1974 to require accrual accounting to measure the cost of Federal insurance programs. Requires the Director of the Office of Management and Budget (OMB) and the Director of the Congressional Budget Office (CBO) to coordinate the development of methods of estimating the costs of Federal insurance programs.
Provides for the budgetary treatment of such programs. Prohibits the modification of an insurance program in a manner that increases its accrual cost unless budget authority for such additional cost is appropriated in advance, or is available out of existing appropriations or from other budgetary resources. Provides for the display of administrative expenses as distinct and separately identified subaccounts within the insurance program account.
Authorizes appropriations as necessary to each Federal agency authorized to conduct insurance programs to pay associated accrued and accrual costs.
Authorizes the President, in order to implement this subtitle, to establish non-budgetary accounts as appropriate.
Directs the Secretary of the Treasury to make transactions as necessary for non-budget insurance financing accounts.
Declares that the changes made by this subtitle are to be considered changes in budget concepts and definitions for purposes of the Balanced Budget And Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act).
Title VII: Medicare Premium Equity Amendments of 1992 - Medicare Premium Equity Amendments of 1992 - Amends part B (Supplementary Medical Insurance) of title XVIII (Medicare) of the Social Security Act to increase the monthly part B premium in the case of: (1) an individual with an adjusted gross income in excess of $125,000 who is married and files a joint income tax return or is a surviving spouse or a head of household; (2) an individual with an adjusted gross income in excess of $62,500 who is married but does not file a joint income tax return; and (3) any other individual with an adjusted gross income in excess of $100,000.
Title VIII: Medicare Budget Amendments of 1992 - Medicare Budget Amendments of 1992 - Amends Medicare part B to: (1) provide that payment under part B for anesthesia physicians' services, when a separate charge (on a fee schedule basis) is also made for the services of a certified registered nurse anesthetist, may not, when added to the payment made for the services of the nurse anesthetist, exceed the amount that would be paid for the anesthesia physicians' services if a separate payment were not made for the services of the nurse anesthetist; (2) revise payment rates for medically and non-medically directed certified registered nurse anesthetists to change the conversion factors used for services furnished starting in 1993; (3) redefine "covered item update" as used with respect to payments after 1992 for durable medical equipment and "applicable percentage increase" as used with respect to payments after 1992 for prosthetic devices, orthotics, and prosthetics (items) as a percentage change (or no change), which may be different for different kinds of equipment or items, as determined by the Secretary of Health and Human Services after taking into consideration market factors and technological change; (4) set the payment limitation amount for a clinical diagnostic laboratory test performed after September 30, 1992, at 76 percent of the median of all the fee schedules established for that test for that laboratory setting; (5) provide similar Secretarial discretion with respect to determining annual updates in payments for clinical diagnostic laboratory tests; (6) move the prospective payment system hospital update to January 1 of each year; and (7) set the annual update for other hospitals in FY 1993 at 75 percent of the market basket percentage increase, and the updates for subsequent fiscal years at the market basket percentage increase.
Title IX: Aid To Families With Dependent Children Savings Set-Aside Amendments of 1992 - AFDC Saving Set-Aside Amendments of 1992 - Amends part A (Aid to Families with Dependent Children) (AFDC) of title IV of the Social Security Act to modify State plan provisions to give States the option of disregarding, with respect to a family already receiving AFDC benefits, resources the value of which do not exceed $10,000, but only if the State plan provides that: (1) the State agency will determine that any such disregarded resources are being retained for later expenditure for a purpose directly related to improving the education, training, or employability of a family member or for the purchase of a home for the family; (2) the value of any resources so disregarded will not be taken into consideration for purposes of determining eligibility for food stamp benefits; and (3) the State agency will not disregard any resource (or interest therein) owned by a family member within the preceding 12 months, if such resource (or interest) was disposed of at less than fair market value for the purpose of establishing eligibility for AFDC benefits.
Allows AFDC employability plans, at the option of the State, to provide for the retention and set-aside of such amounts of income and resources as the State agency determines necessary for carrying out an approved plan which includes self-employment as its employment goal. Requires that the State agency must find that the specific form of self-employment for which the set-aside is intended is practical and attainable in light of all surrounding circumstances.
Title X: Food Stamp Amendments of 1992 - Food Stamp Amendments of 1992 - Amends the Food Stamp Act of 1977 to require the parent of a minor child with an absent parent to cooperate with State child support enforcement agencies in order to participate in the food stamp program (program).
Makes permanent: (1) the 25 percent Federal cost-sharing of State administrative program costs. (Current law authorizes 25 percent through FY 1995 and 50 percent thereafter); and (2) the ten percent State fund retention (Current law authorizes ten percent through FY 1995 and 25 percent thereafter).
Title XI: Child Support Enforcement Amendments of 1992 - Child Support Enforcement Amendments of 1992 - Amends the Child Support Enforcement Act (the Act, which is part D of title IV of the Social Security Act) to provide that certain support collection and paternity determination application fees and collection services fees shall be set at $25 each (but gives the State an option to set such fees at $50 each, in which case no fee may be charged to individuals for such applications, for to families for such services, if their income is not more than 185 percent of the poverty line).
Directs the Secretary of Health and Human Services to: (1) establish a schedule of performance-based incentive payments to encourage and reward States for activities to increase paternity establishment and lead to increased child support collections; and (2) determine the amount of such payments with respect to specified categories of performance. Limits the amount of any such payment to a State for a fiscal year to not more than ten percent of the State's total child support collections for such year with respect to children receiving aid to families with dependent children (AFDC) under part A of title IV of the Social Security Act. Revises the formula for certain other incentive payments (to States for cost-effective and efficient performance) to reduce their amount. Requires that incentive payments to States be used to improve or protect the welfare of children within the State.
Requires States to provide paternity determination and child support collection services for recipients of certain need-based Federal or federally assisted programs.
Title XII: Incentives for Families with Absent Parents to Cooperate with State Agencies under the Social Security Act in Securing Child Support for Dependents - Amends the United States Housing Act of 1937 to provide, for purposes of public housing, that any family (with an absent parent) that has failed, without good cause, to cooperate in securing support for the dependent member of the family with the State agency administering the program for collection of child and spousal support may: (1) have certain spousal support imputed to its income; and (2) be ineligible for certain exclusions from its income. (Applies such provisions also to public housing under the Indian Housing Authority.)
Title XIII: Purposes and Duration of Emergency Assistance Under The Aid to Families With Dependent Children Program - Amends the AFDC program to limit AFDC emergency assistance to one period of 30 consecutive days in any 12-month period. Provides that such emergency assistance may include amounts necessary to: (1) satisfy shelter and utility arrearages for no more than three months in order to prevent evictions and utility shut-offs; and (2) pay an initial month's shelter charges and security deposit necessary to secure permanent housing for homeless families. Requires any such amounts to be authorized by the State agency during the single 30-day period described above.
Title XIV: Enhance Health Insurance Coverage For Children Under the Aid To Families With Dependent Children Program - Amends title XIX (Medicaid) of the Social Security Act to require State plans to provide satisfactory assurances that the State has in effect laws applicable to health insurers and insurance policies or programs subject to the laws of the State that: (1) require insurers to permit enrollment at any time under the health insurance of a non-custodial parent of any child for whom such parent is required to provide support; and (2) in any case where a child is covered under the non-custodial parent's health insurance, require insurers, at the option of the custodial parent, to permit such parent to submit claims for covered services without the non-custodial parent's approval and to make payment on such claims submitted directly to the custodial parent or service provider. Requires plan assurances that State laws authorize garnishment of the employment income of, and withholding of amounts from State tax refunds to, any person who is required by court or administrative order to cover a Medicaid-eligible individual's medical costs and has received, but not used for appropriate reimbursement, payment from a third party for the costs of medical services to such individual, to the extent necessary to reimburse the State for expenditures for such costs.
Title XV: Child Nutrition Amendments of 1992 - Child Nutrition Amendments of 1992- Subtitle A: Budget-Related Provisions - Amends the National School Lunch Act to provide for increased cash subsidies for reduced price meals in the national school lunch program.
Amends the Child Nutrition Act of 1966 (CNA) to provide for increased cash subsidies for reduced price meals in the school breakfast program.
Amends CNA to provide for increased research funds under the special supplemental food program for women, infants, and children (WIC) to determine such program's effect on children.
Subtitle B: Effective Date - Sets forth the effective dates of various provisions of this title.
Title XVI: Social Security Cross Program Recovery Amendments of 1992 - Social Security Act Cross Program Recovery Amendments of 1992 - Amends title XI of the Social Security Act to authorize the Secretary of Health and Human Services to recover overpayments made under the Supplemental Security Income Program (SSI) under title XVI of the Social Security Act from any amounts payable under the Federal Old Age, Survivors and Disability Insurance Program under title II of that Act if the Secretary is unable to recover such overpayments through the means currently provided under SSI. Provides that in any case in which the Secretary takes action to recover such an overpayment from any person, neither that person, nor any individual whose eligibility or benefit amount is based on that person's income, shall, as a result of such action, become eligible for SSI benefits or, if already so eligible, become eligible for increased SSI benefits.
Title XVII: America 2000 Excellence in Education Act -
AMERICA 2000 Excellence in Education Act - Part A: New American Schools - Authorizes financial assistance for creating New American Schools (NAS) in communities that have been designated AMERICA 2000 Communities (A2Cs). Provides that such NAS shall reflect the best thinking about teaching and learning, employ the highest-quality instructional materials and technologies, and be designed to meet the National Educational Goals as well as the particular needs of their students and communities.
Directs the Secretary of Education (the Secretary) to reserve certain funds for a national program evaluation. Directs the Secretary to allocate the remaining funds among the States (and specified territories) in proportion to their respective numbers of members of Congress.
Directs the Governor to nominate A2Cs to create NAS, for at least as many communities as there are members in the State's congressional delegation and at least one community in each congressional district of the State. Requires the Governor's nominations to be based on criteria established by the Secretary on the basis of expert panel advice, including: (1) the community's level of commitment and activity in the A2C initiative; (2) the community's schools' need for new and innovative educational programs; and (3) the quality of their application to the Governor. Sets forth conditions for the Secretary's approval, and for alternative nominations.
Directs the Secretary to make NAS grants to selected agencies, organizations, and institutions on behalf of the selected communities. Limits any award to $1,000,000. Encourages grantees to adapt and implement one or more NAS designs developed by research and development teams funded by the NAS Development Corporation. Restricts use of such grant funds to certain special start-up costs associated with the creation and establishment of a NAS. Prohibits the use of such funds for construction or for the grantee's general administrative expenses. Requires each NAS to have obtained necessary State recognition or accreditation and to be fully operating by the start of the 1996-97 school year.
Directs the Secretary, within 90 days, to convene an expert panel of educators, representatives of private business, and public representatives to advise on NAS program administration, including criteria for nomination of communities.
Directs the Secretary to use reserved funds to conduct a national evaluation of NAS program impact on schools and communities and on education generally. Requires reports to the President and the Congress.
Part B: Merit Schools - Authorizes appropriations for Merit School awards to reward public and private elementary and secondary schools and faculties that make documented progress in attaining the National Education Goals, particularly the goal of increasing students' mastery of the core academic subjects.
Directs the Secretary to allocate specified funds among the States on the same basis as allocations for education of disadvantaged children under title I of the Elementary and Secondary Education Act of 1965 (the ESEA chapter 1 program).
Requires Governors to submit State grant applications for a three-year period, which may be followed by an application for a two-year period. Makes specified provisions of the General Education Provisions Act (GEPA) inapplicable to this title.
Specifies State use of funds for administrative costs (five percent) and Merit School awards (95 percent), with at least 20 percent of the latter earmarked for schools that demonstrate exceptional progress in improving students' performance in mathematics and science.
Requires each Governor to: (1) establish a State review panel to assist in selection of Merit Schools; (2) submit annual program reports to the Secretary; and (3) apply specified national and State criteria in selecting schools.
Requires each Merit School to use its award for activities to further its educational program, including special programs, equipment and materials acquisition, staff bonus payments, college scholarships for secondary school students, special programs, equipment and materials, parental involvement, community outreach, and program replication. Prohibits State or local reduction of other assistance to the Merit School or its local educational agency.
Part C: Teachers and School Leaders - Subpart 1: Governor's Academies for Teachers - Directs the Secretary, to make a one-time, five-year grant to each State to establish and operate Governor's Academies for Teachers and to recognize outstanding teachers.
Requires a Governor to use the State's grant to make competitive awards to the State educational agency (SEA), local education agencies (LEAs), institutions of higher education, and other public and private organizations or consortia, to establish and operate such Academies. Allows such Academies to be operated in cooperation or consortium with those of other States.
Requires each Academy to conduct a program of intensive instruction for current elementary and secondary school teachers, during the summer or the school year, focusing on the core academic disciplines of English, mathematics, science, history, and geography.
Directs the Governor to allocate to each Academy funds for a program of cash awards and recognition to outstanding teachers in the core academic subject or subjects covered by the Academy program. Requires Academies to select such teachers from nominations received from various groups. Limits any such award to $5,000, but allows the recipient to choose how to use it.
Subpart 2: Governors' Academies for School Leaders - Directs the Secretary to make a one-time, five-year grant to each State to establish and operate a Governor's Academy for School Leaders.
Requires the Governor to make competitive awards to the SEA, LEAs, institutions of higher education, and other public and private organizations or consortia, to establish and operate such an Academy. Allows such academies to be operated in cooperation or consortium with those of other States.
Directs each Academy to carry out specified activities relating to school leadership training and development.
Subpart 3: Alternative Certification of Teachers and Principals - Authorizes appropriations to assist States to develop and implement alternative certification requirements to improve the supply of well-qualified elementary and secondary school teachers and principals.
Makes certain GEPA provisions inapplicable to this part.
Requires States to use such funds to support programs, projects, or activities that develop and implement new, or expand and improve existing, alternative teacher and principal certification requirements. Authorizes States to do so directly, through contracts, or through subgrants to LEAs, intermediate educational agencies, institutions of higher education, or consortia of such agencies.
Part D: Educational Reform and Flexibility - Subpart 1: Educational Reform Through Flexibility and Accountability - Amends the General Education Provisions Act (GEPA) to establish a program for flexibility and accountability in education and related services.
Directs the Secretary to assist projects for elementary and secondary schools and other service providers to improve achievement of all students and other participants, but particularly disadvantaged individuals, by authorizing waivers by which Governors, SEAs, LEAs, and other service providers can improve performance of schools and programs by increasing their flexibility in use of resources while holding them accountable for achieving educational gains.
Authorizes the Secretary, in support of such projects, to waive, with specified exceptions, any statutory or regulatory requirement applicable to any program administered by the Department of Education that may impede a school or service provider from meeting the special needs of such students and other individuals. Authorizes other Federal agency heads, with the Secretary's agreement, to make similar waivers for their programs.
Limits duration of projects and associated waivers to a maximum of three years; but authorizes the Secretary to extend a project and any associated waivers for an additional two years if it is making substantial progress in meeting its goals. Requires the Secretary to terminate a project and its associated waivers at any time if acceptable progress is not being made. Grants other Federal agency heads authority to determine extension or termination of their waivers. Grants the Secretary exclusive authority to extend or terminate a project.
Requires each project that involves elementary or secondary schools to include participation of an SEA and at least one LEA and two schools. Requires, to the extent possible, project participation by each grade and academic program, including ESEA chapter 1 programs, in a participating school. Prohibits unreasonable concentration of available resources in participating schools, if fewer than all schools in an LEA participate. Requires each project that does not involve elementary or secondary schools to involve at least two programs, at least one of which is administered by the Secretary.
Prohibits waiver of requirements: (1) in awarding new competitive grants to agencies participating in such projects; (2) relating to maintenance of effort, comparability, or equitable participation of private school students; and (3) under specified provisions of GEPA, the Civil Rights Act of 1964, the Rehabilitation Act of 1973, the Education Amendments of 1972, the Age Discrimination Act of 1975, and the Individuals with Disabilities Education Act.
Sets forth requirements for reports and evaluations.
Provides for the budget neutrality of such program.
Subpart 2: Amendments to Chapter 2 - Amends chapter 2 (Federal, State, and Local Partnership for Educational Improvement) of title I of the Elementary and Secondary Education Act of 1965 (ESEA chapter 2) to provide that part A funding for educational reform and improvement shall be divided equally between State and local programs (50 percent to each, while the current allocation formula requires at least 80 percent to go to local programs and not more than 20 percent to State programs).
Reduces the portions of such State-level funds which: (1) may be used for State administration (from 25 to ten percent); and (2) must be used for the effective schools programs (from 20 to eight percent).
Revises State application requirements to require approval by the Governor before submission to the Secretary.
Includes educational choice programs among local targeted assistance programs of SEAs and LEAs. Includes, among authorized activities of such programs, any activities or expenses directly related to planning, implementing, operating, evaluating, and disseminating information about the LEA's educational choice program, including expenses of parents and children resulting from their program participation.
Part E: Parental Choice of Schools - Subpart 1: Findings - Sets forth congressional findings relating to parental choice in education.
Subpart 2: Parental Choice and Chapter 1 - Amends chapter 1 (Financial Assistance to Meet Special Educational Needs of Children) of title I of the Elementary and Secondary Education Act of 1965 (ESEA chapter 1) to provide for chapter 1 services for children participating in educational choice programs.
Requires the LEA to provide such services in the form of: (1) supplementary compensatory education services; or (2) if that is not feasible or efficient, payment to parents of a per-child share of the LEA's basic chapter 1 grant.
Allows parents to use such funds only for: (1) purchase of supplementary compensatory education services that meet the child's special educational needs from any elementary or secondary school, or any other public or private agency, organization, or institution that the LEA designates; and/or (2) transportation costs related to the child's participation in the educational choice program. Excludes such payments from the gross income of parents for Federal income tax purposes.
Allows an LEA to use chapter 1 funds for the additional transportation costs of children receiving chapter 1 services who are in an educational choice program.
Requires that LEAs with educational choice programs to explain to parents of chapter 1 participating children: (1) the availability of compensatory education services under various available options; and (2) options available under the educational choice program and the chapter 1 program.
Subpart 3: Assistance for Parental Choice Programs - Directs the Secretary to make one-year grants to LEAs that carry out educational choice programs.
Makes an LEA eligible for such a grant if it: (1) will carry out an educational choice program during the year for which assistance is sought; and (2) carried out such a program during the preceding year.
Defines an educational choice program, as one adopted by a State or an LEA under which: (1) parents select the school, including private schools, in which their children will be enrolled; and (2) sufficient financial support is provided to enable a significant number or percentage of parents to enroll their children in a variety of schools and educational programs, including private schools.
Requires LEAs to use grant funds only for student educational services and parental involvement activities in addition to those that would otherwise be provided from State or local funds. Prohibits use of grant funds for LEA general administrative expenses.
Subpart 4: Parental Choice Programs of National Significance - Directs the Secretary to make five-year grants to SEAs, LEAs, and other agencies, institutions, and organizations to conduct and demonstrate nationally significant model programs of educational choice.
Directs the Secretary, in any fiscal year for which funds are available to make new awards, to announce the approaches to educational choice that will be considered in the competition for such funding.
Requires grant recipients to use such funds only for activities directly related to planning, implementing, operating and evaluating, and disseminating information about, the educational choice demonstration program. Allows such funds to be used to meet expenses of parents and children resulting from their participation in such program.
Part F: National Assessment of Educational Progress - Amends the General Education Provisions Act (GEPA) to extend through FY 1996 the authorization of appropriations for the National Center for Educational Statistics and its programs, including the National Assessment of Educational Progress (NAEP).
Requires the NAEP to collect representative data on a national and State basis for those States that choose to participate. Repeals a requirement for data collection on a regional basis.
Requires the NAEP to collect and report data: (1) at least once every four years in the core academic areas of reading, writing, mathematics, science, history, and geography; and (2) annually on students at specified ages and in specified grade levels. (Current law varies such deadlines for the different academic subjects and sets a biennial deadline for the age and grade levels.)
Removes a confidentiality restriction on NAEP information with respect to individual schools. Removes a prohibition against use of NAEP test items and data to rank, compare, or otherwise evaluate individual students, schools, or school districts.
Requires States which choose to enter NAEP agreements to conduct such Assessment at the school level for all schools in the State sample and coordinate within the State, subject to a minimum State contribution of $100,000. Directs the Secretary to pay the State a certain amount for the costs of conducting such Assessment in excess of the minimum State contribution.
Part G: National Commission on Time, Study, Learning, and Teaching - Establishes a National Education Commission on Time, Study, Learning, and Teaching (the Commission).
Requires the Commission to examine the quality and adequacy of the study and learning time of U.S. elementary and secondary students in an era when World Class Standards of achievement need to be met, including issues regarding: (1) the length of the school day and year; (2) the extent and role of homework; (3) how time is currently being used for academic subjects (especially the five core subjects of English, mathematics, science, history, and geography); (4) year-round professional opportunities for teachers; and (5) the use of school facilities for extended learning programs.
Directs the Commission, within one year after it concludes its first meeting, to subject a final report to the Congress and the President. Requires such report, in addition to the primary issues, to analyze and make recommendations about: (1) use of incentives for students to increase educational achievement in available instructional time; (2) how children spend time outside school; and (3) if appropriate, a model plan for adopting a longer academic day and year for U.S. elementary and secondary schools by the end of this decade, including mechanisms to assist in such transition.
Terminates the Commission 90 days after it submits its final report.
Part H: Regional Literacy Resource Centers - Amends the Adult Education Act to direct the Secretary to make grants or contracts for operation of regional literacy resource centers in appropriate regions.
Makes eligible for such grants or contracts SEAs, LEAs, State literacy offices, volunteer-organizations, community-based, organizations, institutions of higher education, or other nonprofit entities.
Provides that the Federal share of activity costs shall decline over a five-year period from a maximum of 80 percent to 60 percent.
Part I: General Provisions - Sets forth definitions for this title.
Makes specified provisions of Federal law permitting consolidation of grants to the Insular Areas inapplicable to funds received by such an area under this title.
Title XVIII: Student Financial Assistance Improvements Act of 1992 - Student Financial Assistance Improvements Act of 1992 - Amends title IV (Student Assistance) of the Higher Education Act of 1965 (HEA) to extend Pell Grant program authority through FY 1993.
Revises requirements for the amount of Pell Grants. Sets the amount of an award to a student at the lesser of: (1) the specified maximum award less the expected family contribution; or (2) the percentage (based on family-income level) of the amount of the student's need for financial assistance (i.e. cost of attendance minus expected family contribution). Increases the maximum award amount to $3,700 for 1992-3 and the four succeeding award years. Sets forth a table of percentages of student need for award computation.
Revises the period of eligibility for Pell Grants. Limits such period to the full-time equivalent of three academic years in the aggregate in the case of all undergraduate degree or certificate programs normally requiring two years or less. Specifies that longer eligibility periods for longer programs are cumulative and include periods for which the student received a Pell Grant under shorter programs. Repeals specified provisions for a separate need analysis formula for Pell grants.
Extends the period for specified limitations on amounts of student loans covered by Federal insurance.
Increases the annual and aggregate loan limits under the Stafford loan and the Supplemental Loans for Students (SLS) programs.
Requires lenders to offer Stafford loan borrowers the option of repaying such loans on a graduated repayment schedule under specified conditions.
Eliminates a provision which allowed an institution to refuse to certify a student's eligibility for a loan, or allowed it to certify a lesser amount, under specified conditions.
Revises loan deferment provisions. Retains deferment while the borrower is in specified courses of study. Replaces the various current categorical deferments with a hardship deferment of up to three years in the aggregate. Requires the lender to grant specified forbearance if the borrower is a Peace Corps or VISTA volunteer does not qualify for such hardship deferment.
Revises provisions for Federal reinsurance coverage. Revises the period in which guaranty agencies must file reinsurance claims. Revises requirements for calculation and payment of such reinsurance.
Requires a 60-day delayed disbursement of Stafford or SLS loans to first-year undergraduates at institutions with default rates of 30 percent or greater. (Retains the current 30-day delayed disbursement for first-year undergraduates at institutions with default rates less than 30 percent.)
Revises provisions for eligibility limitations, suspensions, terminations, other hearing procedures, and fines for lenders or institutions that violate program requirements.
Sets forth conflict-of-interest restrictions on guaranty agency officers and employers. Prohibits any guaranty agency from permitting any of its officers or employees, or any member of their immediate families, to have a direct financial interest in, or serve as an officer or employee of, any lender, secondary market, contractor, or servicer with which the guaranty agency does business.
Includes financial information among the information the Secretary may reasonably require from a guaranty agency to carry out the student loan programs and protect the U.S. financial interest.
Revises the administrative cost and collection retention allowances for guaranty agencies.
Revises provisions for oversight of guaranty agencies. Authorizes the Secretary to require a guaranty agency to submit and implement a management plan if the ratio of its reserve funds to outstanding guarantees is less than a set level, or if its administrative or financial condition jeopardizes its continued ability to perform its responsibilities under its guaranty agreement. Authorizes the Secretary to terminate the guaranty agreement with any agency that fails to submit an acceptable management plan or fails to improve substantially its condition in accordance with such a plan.
Authorizes the Secretary to assume guaranty agency functions of agencies whose agreements are terminated by the Secretary or themselves. Limits the Secretary's liability for any outstanding liabilities of a guaranty agency, the functions of which the Secretary has assumed, to the fair market value of assets assigned by the agency to the Secretary, minus any necessary liquidation or administrative costs.
Requires State backing of designated guaranty agencies. Requires each State to guarantee, with its full faith and credit or the equivalent, all student loans guaranteed by the guaranty agency designated for that State for borrowers attending eligible institutions in that State. Provides that a State may elect to guarantee, in addition, student loans guaranteed by any other guarantee agency for borrowers who are attending eligible institutions in that State. Requires the State, if such a guaranty agency backed by the State is unable to discharge its insurance obligation, to be responsible for discharging them, as well as administrative costs associated with transferring the guaranty agency's operations to another entity. Directs the Secretary, if a State discharges such insurance obligations, to pay the State the amount the guaranty agency would otherwise have received as reimbursement. Directs the Secretary, unless a State demonstrates by January 1, 1994, that it is backing the designated guaranty agency, to assess institutions of higher education participating in the student loan program that are located in that State a fee based on the risk of financial loss to the Federal Government that the State would otherwise assume. Requires such fees to be deposited in the student loan insurance fund.
Requires State to pay a share of default costs in specified circumstances. Allows a State to charge a fee to an institution of higher education in the State participating in the loan program, to an approved fee structure based on the institution's cohort default rate and the State's risk of loss under such requirement
Eliminates the student loan program eligibility of foreign institutions (but not of study abroad that is part of the curriculum of U.S. institutions).
Revises the definition of cohort default rate.
Reduces the special allowance rates for holders of loans for which the cohort default rate exceeds 20 percent.
Revises provisions for need analysis to apply them to all need-based student assistance programs, including Pell Grants (which currently have a separate need analysis system).
Revises the definitions of cost of attendance and family contribution, as well as provisions for data elements used in determining expected family contribution.
Revises the formula for calculation of the expected family contribution for a dependent student to eliminate references to the students' spouse.
Allows application of any parents' negative available income: (1) to reduce the parents' income supplement amount from assets; and (2) if there is any negative amount remaining after that is reduced to zero, to increase the allowances against the dependent student's income.
Revises the minimum dependent student contribution to be the greater of: (1) specified amounts that vary according to family total income; or (2) 70 percent of the student's total income, minus the adjustment to student income.
Eliminates certain exceptions to the general need analysis calculation for dislocated workers and displaced homemakers.
Revises the tables for determination of standard maintenance allowance, employment expense allowance, adjusted net worth of business and of farm, asset protection allowance, and parents' assessment from available income.
Revises the asset protection allowance to provide for consideration of the average age of both parents.
Revises provisions for family contribution for married or single independent students without dependents (including various revisions similar to those described for dependent students). Includes married, as well as unmarried, students under this category of independent students without dependents. Revises provisions for minimum student contribution under this category. Revises tables for determining various allowances and other factors.
Revises provisions relating to the family contribution for married or single independent students with dependents (including provisions similar to those in other categories). Revises tables for determining various allowances and other factors.
Eliminates certain restrictions on the Secretary's authority to prescribe regulations to carry out need analysis requirements. Revises provisions relating to development of revised tables of assessment rates for purposes of such need analysis.
Authorizes the Secretary to prescribe regulations specifying situations in which the data elements considered in determining a student's expected family contribution may be modified to accommodate the special circumstances of the student.
Provides a special rule for the determination of the net value of the principal place of residence.
Makes ineligible for student assistance program participation for specified periods any institution whose cohort default rate equals or exceeds a specified threshold percentage.
Revises provisions for proprietary institutions of higher education. Authorizes the Secretary, if a particular category of proprietary institution does not meet specified student assistance program requirements because there is no nationally recognized accrediting agency or association qualified to accredit such institutions, to: (1) appoint an advisory committee to recommend qualifying standards; and (2) determine whether the particular schools meet them.
Provides for reduction of student assistance loan award maximums for short-term programs.
Requires students, in order to remain eligible for assistance, to satisfy specified minimum academic achievement standards.
Directs the Secretary to implement a system of verification of immigration status.
Eliminates certain provisions for training in financial aid and student support services.
Requires any institution participating in any student assistance program to have in effect a fair and equitable refund policy and to provide a written statement of it, with examples, to prospective students.
Revises provisions for student assistance program participation agreements. Requires the institution to acknowledge the authority of the Secretary, guaranty agencies, accrediting agencies, and State licensing bodies to share with each other any information pertaining to the institution's eligibility to participate in such programs. Eliminates the requirement that hearings be on the record, with respect to program participation limitation, suspension, or termination procedures.
Provides for data matching. Authorizes the Secretary to obtain from Federal or State agencies specified information relating to an individual for student loan collection purposes. Directs the Secretary of Labor to enter into an agreement to provide prompt access for the Secretary to wage and unemployment compensation claims information and data maintained by or for the Department of Labor or State employment security agencies.
Amends the Higher Education Technical Amendments of 1991 (Public Law 102-26) to make permanent the elimination of limitations on actions to collect defaulted student loans or grant overpayments.
Revises the HEA definition of institution of higher education. Requires such institutions, in order to be eligible to participate in HEA programs, to comply with such minimum State licensing standards as the Secretary may prescribe by regulation and which the relevant State licensing body is to impose upon institutions it licenses.
Revises the alternative accreditation process. Authorizes the Secretary, if a particular category of institutions is not accredited because no nationally recognized accrediting agency or association is qualified to do so, to appoint an advisory committee to: (1) recommend standards to qualify institutions in such category to participate in HEA programs; and (2) review whether particular institutions meet such standards.
Includes as an institution of higher education for HEA title IV student assistance programs any institution that provides programs of at least six months (or 600 clock hours) that prepare students for gainful employment in recognized occupations, and that has been in existence for at least two years.
Requires an institution, if it is accredited by more than one accrediting body, to designate, for HEA eligibility purposes, one such body as it primary accreditor, on either an institution-wide or program basis. Deems such an institution no longer accredited for purposes of HEA eligibility for a 24-month period if its accreditation is terminated for cause by the primary accreditor, or if it withdraws from such accreditation voluntarily under a show cause or suspension order, unless such accreditation is restored by the same accreditor during such 24-month period.
Provides for sharing of institutional eligibility information by the Secretary, guaranty agencies, accrediting agencies, and State licensing bodies.
Makes ineligible for any HEA assistance any individual who is in default on any loan made, insured, or guaranteed by the Federal Government, unless satisfactory repayment arrangements are made.
Title XIX: National Energy Strategy Act - Subtitle A: Residential, Commercial, and Federal Energy Use - Part 1: Consumer and Commercial Products - Amends the Energy Policy Conservation Act to expand the list of commercial products covered by the Act. Directs the Federal Trade Commission to prescribe labeling rules for such products. Prohibits the Secretary of Energy from prescribing energy conservation standards for certain electric lights or commercial products listed in the Act.
Part 2: Federal Energy Management - Amends the National Energy Conservation Policy Act to authorize Federal agency participation in private sector energy demand management or application of conservation measures to Federal buildings.
Subtitle B: Natural Gas - Part I: Natural Gas Pipeline Regulatory Reform - Amends the Natural Gas Act to authorize the Federal Energy Regulatory Commission (FERC) to direct a natural-gas entity (pipeline) to interconnect physically with other facilities at the applicants expense, in order to receive natural gas from the other facilities for transportation in the pipeline. Declares that for purposes of the National Environmental Policy Act of 1969, a FERC certification of public convenience and necessity with respect to a natural gas facility is the only major Federal action requiring a detailed environmental impact statement.
Amends the Natural Gas Policy Act of 1978: (1) to authorize an interstate pipeline to construct facilities incidental to transportation service upon 30 days notice to the affected State commission; and (2) require FERC to authorize any interstate pipeline to transport natural gas on behalf of any person.
Amends the Natural Gas Act to declare that a mutually agreed-upon natural gas transportation rate between a natural-gas company and its customer is deemed just and reasonable, and in compliance with such Act. Sets forth expedited certification procedures for natural gas transportation and related facilities construction. Provides for the construction and operation of natural gas transportation facilities with an option not to obtain a certificate of public convenience and necessity (thus taking such facility out of the Act's jurisdiction).
Authorizes FERC to issue an order finding that if a natural-gas company's market is competitive and its transportation or sales services charges are not unduly discriminatory such charges are not subject to its jurisdiction.
Part 2: Natural Gas Import/Export Deregulation - States that neither FERC nor a State may prohibit or condition the importation or exportation of natural gas or treat exported or imported natural gas differently from any other natural gas while it is within the United States. Authorizes the President to: (1) waive any law relating to natural gas importation or exportation upon finding that the national interest requires it; or (2) specify when such natural gas importation or exportation law is considered satisfied if the appropriate Federal or State agency has not taken final action.
Part 3: Structural Reform of the Federal Energy Regulatory Commission - Amends the Department of Energy Organization Act to abolish FERC and establish within the Department of Energy the Natural Gas and Electricity Administration to be headed by an Administrator appointed by the President. Transfers of the Secretary of Energy the functions of the Federal Power Commission and FERC.
Sets forth rulemaking procedures for rates and charges with respect to natural gas and electricity.
Subtitle C: Oil - Part I: Naval Petroleum Reserve Leasing - Naval Petroleum Reserve Leasing Act - Authorizes the Secretary of Energy (the Secretary) to lease Naval Petroleum Reserve Numbered 1 (California) if it is not necessary for national defense purposes. Sets forth leasing and antitrust guidelines. Mandates the use of competitive leasing procedures, minimum royalty payments, and crude oil set asides for sale to small refiners by Reserve lessees.
Authorizes the Secretary to take certain steps to arrange and conduct a leasing action.
Authorizes the Secretary to acquire privately owned lands or physical improvements within a Naval Petroleum Reserve if a lease of Naval Petroleum Reserve Numbered 1 cannot be arranged.
Amends the Energy Policy and Conservation Act to authorize the Secretary to store within the Strategic Petroleum Reserve a Defense Petroleum Inventory of petroleum products (in addition to any other acquisition and storage for such Reserve required by law).
Directs the Secretary to obligate the United States share of funds available in the Naval Petroleum Reserve Lease Proceeds Special Account (created by this Act) for the acquisition of 10,000,000 barrels of crude oil for the Defense Petroleum Inventory. Declares that upon request of the Secretary of Defense: (1) crude oil acquired for or dedicated to the Defense Petroleum Inventory shall be drawn down and distributed by the Secretary of Energy for the Department of Defense for use, sale, or exchange; and (2) the Secretary of Energy shall replace in the Defense Petroleum Inventory crude oil drawn down on behalf of the Department of Defense. Requires the Department of Defense to reimburse the Department of Energy for services rendered under this Act.
Establishes the Naval Petroleum Reserve Lease Proceeds Special Account in the Treasury to implement this Act. Funds such Special Account with amounts realized from the lease of any United States interest in Naval Petroleum Reserve Numbered 1. Sets forth a payment scheme under which lease proceeds shall be used to make payments to the State of California.
Declares that: (1) the authority to lease under this Act extends to specified sections within Naval Petroleum Reserve Numbered 1; and (2) this Act does not affect the withdrawal of lands provided for in certain school land grants.
Part 2: Oil Pipeline Deregulation - Oil Pipeline Regulatory Reform Act - Amends the Department of Energy Organization Act to terminate FERC jurisdiction over oil and other pipelines except the Trans-Alaska Pipeline.
Authorizes the Attorney General to petition the Secretary of Energy (the Secretary) for an adjudication of whether FERC rate regulation of an existing pipeline in any market is in the public interest. Prescribes adjudication guidelines. Provides that pipeline rates for service to markets which are not identified in a mandatory published adjudications list will no longer be subject to FERC regulatory jurisdiction.
Prescribes adjudication guidelines under which the Secretary shall find that regulation of a pipeline is in the public interest only if it is demonstrated that such regulation is necessary to constrain the exercise of substantial market power in the supply and demand of products transported by the pipeline in that market.
States that new pipelines shall not be subject to existing Commission regulatory jurisdiction or rate regulation, but shall be subject to common carrier regulation under such Act. States that Commission rate regulation shall be prospective only. Prohibits terminated Commission regulatory jurisdiction from reverting to any other Federal agency.
Confers exclusive, original jurisdiction over any petition for judicial review upon the U.S. Court of Appeals for the District of Columbia Circuit. Precludes from such judicial review any action of the Attorney General under this Act, including adjudication petitions. Outlines the parameters within which pipelines are required to operate as common carriers. Requires pipelines to file terms of carriage schedules (except carriage rates) with the Commission.
Sets forth guidelines for maximum FERC rates on a market by market basis, subject to price cap regulation based on base rates and cumulative changes in a Competitive Pipeline Price Index. Precludes a pipeline from conditioning its services upon entering into other transactions or on taking or refraining from any action.
Requires the Secretary to report to the Congress regarding the results of this Act five years after the conclusion of all adjudications.
Retains the applicability of antitrust laws to pipeline transportation of crude oil or refined oil products.
Subtitle D: Electricity Generation and Use - Sets forth regulatory guidelines for exempt wholesale generators and qualifying facilities.
Subtitle E: Nuclear Power - Part I: Licensing Reform - Amends the Atomic Energy Act of 1954 to provide procedural guidelines for issuance by the Nuclear Regulatory Commission (NRC) of a combined construction and operating license. Mandates that such combined license applications include a State, local, or utility emergency plan. Requires the NRC to propose implementing regulations under this Act within one year of its enactment.
Part 2: Nuclear Waste Management - Amends the Nuclear Waste Policy Act of 1982 to declare that, for purposes of site characterization activities, the appropriate Federal agency shall administer the pertinent rules and regulations without regard to whether such administration has been or could be, delegated to a State or superseded by comparable State law. Declares State, local or tribal laws inapplicable to site characterization activities under this Act. Directs the Secretary to implement site characterization activities in spite of any refusal by either State, local or tribal authorities to act upon requested authorizations to proceed with related site characterization activities. Sets forth a 60-day deadline within which actions to contest the constitutionality of this Act must be brought. Prohibits a court from enjoining site characterization activities in such actions except as part of a final judgment.
Subtitle F: Renewable Energy - Part I: PURPA Size Cap and Co-Firing Reform - Amends the Public Utility Regulatory Policies Act of 1978 (PURPA) to direct FERC to prescribe rules requiring electric utilities to offer to purchase electric capacity from alternative power production facilities only through competitive acquisition. Makes alternative power production facilities eligible for exemptions from PURPA, the Federal Power Act, and State law if they meet certain requirements.
Part 2: Hydroelectric Power Regulatory Reform - Amends the Federal Power Act to include as part of the hydroelectric power licensing procedure an applicant's plan concerning studies to be undertaken in connection with the licensing process, and a summary of the applicant's consultation activities with Federal and State agencies and Indian tribes. Sets forth guidelines for additional licensing procedures. Directs FERC to coordinate a single, consolidated licensing review (including review under the National Environmental Policy Act of 1969) of a hydropower project license application that is subject to Federal, State, or Indian tribal review. Removes from FERC jurisdiction hydropower projects with installed capacities of five megawatts or less that have not received a license by the date of enactment of this Act.
Subtitle G: Alternative Fuel - Part I: Alternative and Dual Fuel Vehicle Credits - Amends the Motor Vehicle Information and Cost Savings Act to eliminate limits on the credit toward complying with the corporate average fuel economy (CAFE) standards available to manufacturers for the production of light duty alternative fuel vehicles and certain dual fuel vehicles.
Part 2: Alternative Transportation Fuels - Sets forth acquisition and credit allocation guidelines for alternative fuel vehicles.
Requires persons who own or otherwise control a fleet of motor vehicles of different types and sizes to make a specified percentage of annual vehicle acquisitions alternative fuel vehicles. Prescribes civil and administrative penalties for noncompliance with this Act.
Subtitle H: Innovation and Technology Transfer - Amends the Stevenson-Wydler Technology Innovation Act of 1980 to allow each Federal agency to: (1) secure copyright on behalf of the United States in any computer software prepared in whole or in part by U.S. employees under a cooperative research and development agreement or other authority, notwithstanding provisions of Federal copyright law; and (2) grant in advance to a collaborating party licenses or assignments for the copyrights, or options thereto, retaining specified rights.
Adds references to software and its author to provisions governing the distribution of royalties received by Federal agencies.
Subtitle I: Tax Incentives - Amends the Internal Revenue Code to: extend the time period for the energy investment tax credit is from June 30, 1992 to December 31, 1993; and (2) make permanent the research activities tax credit. Mandates that certain oil and gas revenues be deposited into: (1) the miscellaneous receipts of the Treasury; and (2) a special Treasury fund for immediate availability without fiscal year limitation to the State of Alaska.
Title XX: Arctic Coastal Plain Competitive Oil and Gas Leasing Act - Subtitle A: Short Title and Statement of Purpose - Arctic Coastal Plain Competitive Oil and Gas Leasing Act - Declares the purpose of this Act is to authorize competitive oil and gas leasing and development on the Coastal Plain in manner consistent with environmental concerns and the interests of the area's subsistence users.
Subtitle B: Definitions - Sets forth definitions used in this Act.
Subtitle C: Coastal Plain Competitive Leasing Program - Directs the Secretary of the Interior (the Secretary) to establish and implement a competitive oil and gas leasing program on the Coastal Plain. Declares that this Act is the Secretary's sole legislative authority for authorizing and conducting such a program (whether competitive or noncompetitive). Requires the Secretary to issue regulations encompassing environmental protection of the Coastal Plain.
Declares that the Department of the Interior's Legislative Environmental Impact statement is compatible and consistent with the major purposes and policies of the National Environmental Policy Act of 1969, and therefore no further environmental analysis or documentation is required for the issuance of regulations.
Prescribes procedural guidelines for land lease sales on the Coastal Plain, and for exploration, development and production plans. Sets forth bonding requirements, and lease suspension and cancellation guidelines. Directs the Secretary to require lessees to unite with each other in collectively adopting and operating under a unit plan of development, including the construction of a common carrier pipeline to transport oil and gas to the exterior boundary of the Coastal Plan. Requires lessees and permittees to provide the Secretary with certain geological and geophysical data obtained from exploration or development activities. Sets forth remedies and penalties for violations of this Act. Directs the Secretary to report annually to the Congress about the leasing program.
Repeals certain limitations applicable to subsurface interests owned by certain Alaskan corporations. Provides for expedited judicial consideration of any claims for relief by them.
Subtitle D: Coastal Plain Environmental Protection - Directs the Secretary to promulgate environmental protection regulations which ensure that Coastal Plain activities will avoid significant adverse effects on fish and wildlife, their habitat, and the environment. Requires site-specific assessment and mitigation.
Designates the Sadlerochit Spring Special Area as a special area for wildlife conservation and environmental protection. Authorizes the Secretary to exclude such area from leasing and to designate other Coastal Plain areas as special areas requiring protection.
Directs the Secretary to prepare and periodically update a facilities construction and siting plan for oil and gas development and transportation. Authorizes the Secretary to grant rights-of-way and easements across the Coastal Plain in a manner that does not adversely affect fish, wildlife, and the environment. Requires the Secretary to conduct additional studies to monitor the human, marine, and coastal environments. Directs the Secretary to promulgate regulations providing for bi-annual facility inspections for compliance with environmental and safety regulations.
Subtitle E: Land Reclamation and Reclamation Liability Fund - Makes leaseholders fully responsible and liable for land reclamation within the Coastal Plan and other Federal lands adversely affected by lease activities.
Requires establishment of the Coastal Plan Liability and Reclamation Fund within six months of a commercial discovery within the Coastal Plain.
Subtitle F: Disposition of Oil and Gas Revenues - Prescribes revenue collection and expenditure procedures. Mandates that oil and gas revenues be deposited into the Treasury.
Title XXI: Coastal Communities Impact Assistance Act of 1992 - Coastal Communities Impact Assistance Act of 1992 - Establishes the Coastal Communities Impact Assistance Fund to provide impact assistance to eligible coastal States and counties for infrastructure, services, competing uses, and natural resources from revenues derived from proximate Outer Continental Shelf natural gas and oil production activities.
Title XXII: Alaska Power Administration Sale Authorization Act - Alaska Power Administration Sale Authorization Act - Authorizes the Secretary of Energy to sell: (1) the Snettisham Hydroelectric Project to the State of Alaska Power Authority; and (2) the Eklutna Hydroelectric Project to the Municipality of Anchorage. Directs the Secretary to deposit sale proceeds into the miscellaneous receipts of the Treasury.
Declares that both Projects shall continue to be exempt from Federal Power Act requirements (subject to a certain Memorandum of Agreement). Grants the U.S. District Court for the District of Alaska jurisdiction to review and enforce such Memorandum, (including the remedy of specific performance).
Directs the Secretary of the Interior to: (1) issue rights-of-way with respect to certain Eklutna lands to the Alaska Power Administration for subsequent reassignment to the Eklutna Purchasers (SIC); and (2) convey to the State of Alaska (with respect to certain Snettisham lands) improved lands under certain statutory selection entitlements.
Title XXIII: Access to Justice Act of 1992 - Access to Justice Act of 1992 - Amends the Federal judicial code to provide that, in determining whether a matter in controversy exceeds the sum or value of $50,000 for purposes of Federal diversity of citizenship jurisdiction, the amount of damages for pain and suffering or mental anguish, punitive or exemplary damages, and attorneys' fees or costs shall not be included.
Requires that on February 1 of each year the threshold amount for diversity jurisdiction (currently, $50,000) be adjusted to the nearest thousand dollars to reflect change in the Consumer Price Index for All Urban Consumers, United States City Average, All Items, under its current official reference based as designated by the Bureau of Labor Statistics of the Department of Labor (CPI-U).
Entitles the prevailing party in a diversity action to attorneys fees only to the extent that such party prevails on any position or claim advanced during the litigation. Specifies that the sum of entitled attorneys' fees shall be paid by the nonprevailing party but shall not exceed the attorneys' fees of the nonprevailing party with regard to such position or claim; and that, if the nonprevailing party with receives services under a contingent fee agreement, the sum of the entitled attorneys' fees shall not exceed the reasonable value of such services.
Requires counsel of record in any such action to maintain accurate, complete records of hours worked on the matter regardless of the fee arrangement with his client. Authorizes the court to limit fees recovered if it finds special circumstances that make payment of such fees unjust.
Makes provisions of this Act (with respect to attorneys' fees in diversity cases) inapplicable to actions removed from State court or to the United States or any State, agency of the United States or any State, or any official, officer, or employee of a Federal or State agency.
Amends the Equal Access to Justice Act to bar the award of attorney fees in excess of $75 per hour unless the court determines that an increase in the cost of living, as reflected by the change in the CPI-U (currently, unless the court determines that such an increase, or a special factor, such as the limited availability of qualified attorneys for the proceedings involved) justifies a higher fee. Sets forth provisions with respect to the calculation of the cost of living adjustment in such cases.
Amends the Federal judicial code to require a claimant, at least 30 days before filing suit, to transmit written notice to the intended defendant or defendants: (1) of the specific claims involved, including the amount of actual damages and expenses incurred and to be incurred; and (2) at an address reasonably calculated to provide actual notice to each such party. Requires that a certificate of service evidencing compliance with such provision be filed with the court at the commencement of the action. Provides for a 30-day extension of any applicable statute of limitations (SL), in the event that such SL would expire during the period of such notice. Makes the requirements of this provision inapplicable under specified circumstances, such as in bankruptcy proceedings and where the defendant (or the assets that are the subject of the action or would satisfy the judgement) is subject to flight.
Specifies that in the event that the district court finds that such requirements have not been fulfilled by the claimant, and such defect is asserted by the defendant within 60 days of service of the summons or complaint upon such defendant, the claim shall be dismissed without prejudice and the costs of such action, including attorneys fees, shall be imposed upon the claimant. Permits the claimant, under such circumstances, to refile such claim within 60 days after dismissal regardless of any statutory limitations period if, during the 60 days after dismissal, notice is effected as provided by this Act, and the original action was timely filed.
Authorizes the United States, except as otherwise specifically provided by statute, to enter into an agreement which provides that attorneys fees may be awarded against the United States or any other party to the litigation: (1) where the United States commenced the suit; (2) in civil litigation involving disputes pursuant to the Contract Disputes Act of 1978; or (3) where the United States and another party have agreed to use outcome-determinative mediation, subject to specified requirements. Sets forth further requirements with respect to the award of attorneys' fees, including the handling of such awards received by Federal agencies.
Directs: (1) the chief judge of each Federal judicial circuit (other than the U.S. Court of Appeals for the District of Columbia Circuit) to designate one district within the circuit to be a pilot Multi-Door Courthouse (MDC) district; and (2) the U.S. Court of Appeals for the Federal Circuit to designate the U.S. Claims Court to be a pilot MDC. Specifies that such designation, and the program established by this provision, shall terminate at the expiration of a three-year period following such designation, unless renewed by an Act of the Congress.
Requires every court which has been designated as a MDC, within six months, to establish an alternative dispute resolution (ADR) plan, including: (1) procedures for limited discovery; (2) confidentiality of proceedings as to possible subsequent pretrial and trial actions; and (3) the selection, use, and payment of nonjudicial personnel who may be selected to conduct ADR procedures.
Specifies that such plan shall also establish standards for determining which cases are appropriate for ADR, considering such factors as whether factual issues predominate over legal issues, whether the case involves complex or novel legal issues requiring judicial action, and any other factors the court considers relevant.
Requires that each plan: (1) provide that each Federal judge or, in a case assigned to a magistrate judge, magistrate judge in a MDC conduct a conference with counsel within 120 days after a complaint is filed to review nonbinding, voluntary ADR procedures that may be used in lieu of litigation to resolve the claims in controversy; and (2) authorize the parties, if they agree, to utilize nonbinding ADR procedures that may be used in lieu of litigation to resolve the claims in controversy, such as early neutral evaluation, traditional mediation, outcome-determinative mediation, minitrials, summary jury trials, and arbitration. Sets forth additional plan requirements.
Authorizes: (1) the district courts, in carrying out their plans, to use the volunteer services of nonjudicial personnel to conduct ADR procedures; and (2) the courts to establish and pay, subject to limits set by the Judicial Conference of the United States, the amount of compensation, if any, that each neutral shall receive for services rendered in each case.
Authorizes the Chief Justice of the United States to designate and assign temporarily a district judge of one circuit for service in another circuit, either in a district court or court of appeals, whenever the business of that court so requires (under current law, upon presentation of a certificate of necessity by the chief judge or circuit justice of the circuit wherein the need arises).
Includes among the duties of the Director of the Administrative Office of U.S. Courts to secure information as the courts' need for temporary judicial resources to ease overcrowded dockets (including information on delays being encountered in the maintenance of civil suits) and prepare and transmit annually to the Chief Justice, the chief judges of the circuits, the Congress, and the Attorney General, statistical data, reports, and recommendations summarizing the results of this inquiry.
Provides that: (1) no State judicial officer shall be held liable for any costs, including attorneys' fees, in any proceeding in vindication of civil rights brought against such officer for an act or omission taken in an official capacity (act); and (2) in any civil action for deprivation of rights brought against a judicial officer for such an act committed in such officer's official capacity, injunctive relief shall not be granted unless a declaratory decree was violated or declaratory relief was unavailable.
Amends the Civil Rights of Institutionalized Persons Act to provide that, in actions brought by any adult convicted of a crime confined in any jail, prison, or other correctional facility, the court shall (under current law, if the court believes that such a requirement would be appropriate and in the interests of justice) continue such case for a period not to exceed 180 (currently, 90) days in order to require exhaustion of remedies.
Requires the Attorney General, upon request of a State or local corrections agency, to provide such agency with technical advice and assistance in establishing plain, speedy, and effective administrative remedies for inmate grievances.
Amends the Federal judicial code to authorize the court, with regard, to proceedings in forma pauperis, to dismiss the case if satisfied that the action fails to state a claim upon which relief can be granted.
Directs the Board of the Federal Judicial Center to study and determine ways in which case and docket management (including ADR) techniques may be applied to improve the cost-effectiveness of litigation and to eliminate unjustified expense and delay, and include in the annual report of the activities of the Center details of the results of the studies and determinations made pursuant to this provision.
Provides that a court en banc shall consist of all circuit judges in regular service (currently, or such number as may be prescribed in accordance with P.L. 95-486 (regarding appointments of district and circuit judges)), with exceptions.
Repeals a provision of P.L. 95-486 which authorizes any court of appeals having more than 15 active judges to perform its en banc function by such number of members of its en banc courts as may be prescribed by rule of the court of appeals.
Title XXIV: Health Care Liability Reform and Quality of Care Improvement Act - Health Care Liability Reform and Quality of Care Improvement Act of 1992 - Subtitle A: Findings and Purpose - Sets forth: (1) findings regarding this title and (2) the purpose of this title.
Subtitle B: Health Care Liability Reforms - Requires, in order to be eligible to participate in the incentive program provided for in this subtitle, that States have in effect the health care liability reforms set forth in this subtitle.
Requires, in any health care liability action, the liability of each defendant for non-economic damages to be several and not joint, with each defendant liable only for the proportion of that defendant's fault and a separate judgment against that defendant in that amount.
Prohibits awarding non-economic damages over a certain dollar amount in any health care liability action, subject to waiver.
Reduces the total damages received by a plaintiff by the amount of any collateral source benefits.
Allows: (1) future economic damage awards to be paid periodically based on when the damages are likely to occur or at the time the damages accrue; and (2) in certain circumstances, the court to require the health care provider to purchase an annuity or fund a reversionary trust to make such periodic payments. Prohibits reopening a judgment awarding periodic payments to contest, amend, or modify the schedule or amount in the absence of fraud or any ground permitting relief after entry of a final judgment.
Declares it U.S. policy to encourage alternative dispute resolution (ADR). Requires a State to establish at least one ADR mechanism.
Requires a State to: (1) cooperate with Federal research efforts regarding patient outcomes, clinical effectiveness, and clinical practice guidelines; (2) collect, analyze, and supply the Secretary of Health and Human Services with information regarding the performance of State medical boards; and (3) impose continuing education requirements on a disciplined physician. Allows alternatives to these requirements regarding medical boards and continuing education if the Secretary finds the alternatives at least as effective in reducing the incidence of negligence as compliance with the requirements.
Allows States three years from the adoption of this title to enact, adopt, or otherwise comply with the requirements of this subtitle.
Requires withholding two percent of payments to States computed under specified provisions of title XIX (Medicaid) of the Social Security Act and one percent of payments to hospitals computed under specified provisions of title XVIII (Medicare) of the Social Security Act and redistribution of the withheld funds to those States and hospitals which have complied with the provisions of this subtitle.
Allows waiver of the requirements of this title for any experimental, pilot, or demonstration project which is likely to assist in promoting the objectives of this title.
Subtitle C: Federal Implementation of Health Care Liability Reforms - Amends Federal law to prohibit, in a health care liability action, finding the United States jointly and severally liable for non-economic damages. Allows liability only for those non-economic damages directly attributable to its pro rata share of fault. Reduces damages paid by the United States by the amount of any collateral source benefits. Prohibits awarding non-economic damages, in an action against the United States, over a certain dollar amount.
Requires, at the request of the United States when future economic damages are awarded in excess of a specified amount, an order that such damages be paid by periodic payments based on when the damages are likely to occur. Allows the United States, in such cases, to pay the judgment periodically or purchase an annuity or fund a reversionary trust. Prohibits reopening the judgment to contest, amend, or modify the schedule or amount in the absence of fraud or any ground permitting relief after entry of a final judgment.
Subtitle D: Construction of Provisions - Provides for construction of this title, severability, and the effective date of this title.
Title XXV: Product Liability Fairness Act - Subtitle A - Product Liability Fairness Act - Declares that this title 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 title, based on specified provisions of Federal law relating to district court jurisdiction.
Declares that, if any provision of this title 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 title within one year after the effective date of this title.
Subtitle B - 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.
Subtitle C - 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 title.
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 facts, 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 subtitle 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 subtitle: (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 title 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 subtitle 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 title 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 XXVI: Civil Liberties Act Amendments of 1992 - Civil Liberties Act Amendments of 1992 - Amends the Civil Liberties Act of 1988 to increase the authorization of appropriations to the Civil Liberties Public Education Fund. Includes non-Japanese spouses and parents who were interned with their spouses or children during World War II in the definition of the term "of Japanese ancestry." Modifies requirements regarding payments made in the case of deceased persons. Regulates judicial review of denial of compensation. Alters the maximum termination date for the Fund. Removes provisions requiring any refused payment to remain in the Fund. Removes provisions establishing and generally providing for the Fund's Board of Directors.
Title XXVII: Federal Credit and Debt Management Act of 1992 - Federal Credit and Debt Management Act of 1992 - Amends Federal law to provide that for certain collections procedures "a person" includes an individual and a sole proprietorship, partnership, corporation, non-profit organization, or other form of business association.
Requires the head of an executive or legislative agency to take all appropriate and cost-effective actions to collect aggressively all claims of the U.S. Government. Expands agency debt-collection authorities.
Prohibits any person from obtaining any Federal financial assistance in the form of a loan (except for a Commodity Credit Corporation price support loan) or loan guarantee if such person has an outstanding debt with an executive agency which is in a delinquent status. Allows the agency head to waive such prohibition.
Requires persons doing business with the Federal Government in any loan program, as grant recipients, insurance or license recipients, or contractors to furnish their taxpayer identifying number. Requires agency disclosure on the use of such number to include the intent to use it for purposes of collecting or reporting on delinquent amounts arising out of the persons' relationship with the Federal Government.
Sets forth requirements for the head of each Federal agency guaranteeing or insuring loans with respect to program management. Requires the charge of a late fee, in addition to scheduled principal and interest, on claims that are in delinquent status. Requires the assessment, in addition to the late fee, of any amounts necessary to cover the charges levied by another agency or private collector for collecting delinquent claims through Federal salary offset, tax refund offset, private debt collection contractors, or other such explicit fees or charges. Authorizes agencies to retain one-half of collected fees to be used for specified purposes.
Sets forth requirements for agency disclosures of information to credit reporting agencies.
Removes restrictions on legal fees charged for contracts for collection services in cases of claims of indebtedness owed to the United States.
Title XXVIII: Reduce Certain Commodity Credit Corporation Subsidies of Those with Off-Farm Income of $100,000 or More - Prohibits specified Commodity Credit Corporation payments to persons with off-farm adjusted gross income of $100,000 or more. Reduces payments to an entity in proportion to the ownership interest of any such person.
Title XXIX: Farm Credit System Financial Assistance Corporation Repayment Act of 1992 - Farm Credit System Financial Assistance Corporation Repayment Act of 1992 - Amends the Farm Credit Act of 1971 to require each Farm Credit System (FCS) bank to make annual payments to the Financial Assistance Corporation (Corporation) in order to maintain specified capital levels. Requires the Corporation (currently each FCS institution) to repay Treasury-paid interest.
Title XXX: Recover Costs of Carrying Out Federal Marketing Agreements and Orders - Amends the Agricultural Adjustment Act of 1933 to provide for Federal marketing order cost recovery through handler fees.
Title XXXI: Eliminate Provisions for Permanent Annual Appropriations to Support Land Grant Universities - Amends Federal law (the "Second Morrill Act") to replace permanent annual appropriation provisions with permanent annual authorization of appropriation provisions with regard to land grant university funding.
Title XXXII: Power Marketing Administration Timely Payment Act - Power Marketing Administration Timely Payment Act - Mandates that each power marketing administration provide for timely repayment to the Treasury of principal and interest for power investments. Prescribes repayment guidelines.
Title XXXIII: Emerging Telecommunications Technologies Act of 1992 - Emerging Telecommunications Technologies Act of 1992 - Directs the Secretary of Commerce and the Chairman of the Federal Communications Commission (FCC), at least semiannually, to conduct joint spectrum planning meetings with respect to : (1) future spectrum needs; (2) the spectrum allocations necessary to accommodate those needs; and (3) actions necessary to promote the efficient use of the spectrum. Directs the Secretary and the Chairman to report annually to the President on the joint spectrum planning meetings and any resulting recommendations.
Directs the Secretary to submit to the President a report identifying bands of frequencies that: (1) are allocated on a primary basis for Federal Government use and eligible for licensing pursuant to the Communications Act of 1934 (the Act); (2) are not required for the present or identifiable future needs of the Government; (3) can feasibly be made available during the next fifteen years for use under the Act for non-Government users; (4) will not result in excessive losses to the Government in relation to benefits that may be obtained through non-Government users; and (5) are likely to have significant value for non-Government users under the Act. Sets forth criteria for identifying, and recommending for reassignment, such frequencies.
Requires the Secretary to submit to the President a report which makes a preliminary identification of reallocable bands of frequencies.
Directs the Secretary to convene a private sector advisory committee to: (1) revises the bands of frequencies identified in the preliminary report; (2) advise the Secretary with respect to the bands of frequencies which should be included in the final report; (3) receive public comment on the reports; and (4) prepare and submit such report.
Directs the advisory committee to submit to the Secretary, the FCC, and specified congressional committees recommendations for the reform of the process of allocating the electromagnetic spectrum between Federal and non-Federal use.
Directs the Secretary, as part of the final report, include a time-table for the effective dates by which the President shall, within 15 years, withdraw or limit assignments on frequencies specified in the report. Directs the President, after receiving the final report from the Secretary, to: (1) withdraw or limit the assignment to a Government station of any frequency which such report recommends for reallocation; (2) withdraw or limit the assignment to a Government station of any frequency which such report recommends to be reallocated or made available for mixed use; (3) assign or reassign other frequencies to Government stations as necessary to adjust to such withdrawal or limitation of assignments; and (4) publish in the Federal Register a notice and description of all such actions taken. Authorizes the President to substitute alternative frequencies in the interest of national security, important Governmental needs, public health or safety, or Federal financial considerations.
Provides for the reimbursement to non-Government licensees, or non-Government entities operating on behalf of a Government licensee, for the incremental costs directly attributable to the loss of the use of the frequency reassigned or otherwise limited under this Act. Authorizes appropriations to provide such reimbursements.
Directs the FCC, at specified intervals, to: (1) complete a public notice and comment proceeding regarding the allocation of the initial spectrum to be reassigned, and to formulate a plan to assign such spectrum pursuant to competitive bidding procedures; and (2) complete a public complete notice and comment proceeding, and prepare and report to the President a plan for the distribution under the Act, of the frequency bands reallocated pursuant to this Act. Amends the Communications Act of 1934 to officially authorize the FCC to assign the frequencies reallocated from Government to non-Government use under this Act. Makes certain frequency reassignments available only to the extent provided in appropriations Act.
Authorizes the President to reclaim reassigned frequencies for reassignment to Government stations. Sets forth procedures for reclaiming frequencies.
Directs the FCC to use competitive bidding procedures during spectrum reallocation pursuant to this Act. Outlines other procedures to be followed by the FCC with regard to permits and licenses relating to such frequency reallocation awards. Outlines specified instances when competitive bidding procedures shall not be required.
Title XXXIV: Enterprise for the Americas Act of 1992 - Enterprise for the Americas Initiative Act of 1991 - Authorizes the Secretary of the Treasury to contribute a grant to the Enterprise for the Americas Investment Fund to be administered by the Inter-American Development Bank (IDB). Authorizes appropriations. Requires the Fund to: (1) provide grants to advance market-oriented policy initiatives and reforms to encourage investment in Latin America and the Caribbean; and (2) finance technical assistance for privatizing government-owned industries, enterprise development and business infrastructure, and worker training and education programs. Permits the Secretary to seek contributions to the Fund from other countries.
Establishes in the Department of the Treasury the Enterprise for the Americas Facility to support improvement in the lives of the people of Latin America and the Caribbean through market-oriented reforms and economic growth with actions to promote debt reduction, investment reforms, trade liberalization, and community based conservation and sustainable use of the environment. Makes eligible for Facility benefits Latin American or Caribbean countries that: (1) have in effect, received approval for, or are making progress toward, specified International Monetary Fund arrangements and structural or sectoral adjustment loans from the International Bank for Reconstruction and Development or the International Development Association; (2) have put in place major investment reforms in conjunction with an IDB loan or are implementing or making progress toward an open investment regime; and (3) have agreed with commercial bank lenders on a financing program for debt or debt service reduction.
Authorizes the President to reduce the amount owed to the United States (as a result of concessional loans made pursuant to the Foreign Assistance Act of 1961 or predecessor foreign economic assistance legislation) by any country eligible for Facility benefits.
Declares that this title may be exercised notwithstanding provisions of the Foreign Assistance Act of 1961 and the International Development and Food Assistance Act of 1975 concerning repayments of loans outstanding after September 19, 1966, and the settlement of debts owed to the United States.
Sets forth requirements with respect to the exchange of obligations, repayment of principal, and interest on new obligations issued by beneficiary countries.
Requires beneficiary countries that enter into Environmental Framework Agreements to establish Enterprise for the Americas Environmental Funds. Authorizes the President to enter into Environmental Framework Agreements concerning the operation and use of Environmental Funds with countries eligible for Facility benefits. Directs administering bodies in each beneficiary country to administer the Environmental Funds and to make grants for environmental activities. Requires grants from the Funds to be used for activities that link the conservation and sustainable use of natural resources with local community development. Subjects grants of more than $100,000 to veto by the U.S. Government or the government of the beneficiary country.
Establishes an Environment for the Americas Board to: (1) advise the Secretary on the negotiations of Environmental Framework Agreements; (2) ensure that a suitable administering body is identified for each Environmental Fund; and (3) review the programs, operations, and fiscal audits of administering bodies.
Declares that the President should: (1) encourage other official creditors of beneficiary countries whose debt is reduced under this Act to provide debt reduction to such countries; and (2) ensure that Environmental Funds are able to receive donations from private and public entities and private creditors of beneficiary countries.
Authorizes the President to: (1) sell to any eligible purchaser any loan of an eligible country made pursuant to the Export-Import Bank Act of 1945; (2) sell to any eligible purchaser any asset acquired by the Commodity Credit Corporation in connection with export sales to an eligible country or specified export credit guarantee programs; and (3) reduce or cancel any loans or assets made or acquired before 1991 upon receipt of payment from an eligible purchaser. Permits loans or assets to be sold only to purchasers who present plans to the President for using such loans or assets to engage in debt-for-equity, debt-for-development, or debt-for-nature swaps. Authorizes loans or assets to be reduced or canceled only for purposes of facilitating such swaps.
Directs the President to report annually to the Speaker of the House and the President of the Senate on the Facility.
Title XXXV: Repeal the Trade Adjustment Assistance Program - Amends the Trade Act of 1974 to terminate worker trade adjustment assistance under the Act's trade adjustment assistance program after September 30, 1992.
Title XXXVI: VA Medical Care Cost Recovery Amendment of 1992 - Medical Care Cost Recovery Amendment of 1992 - Amends Federal provisions which authorize the Secretary of Veterans Affairs to recover from a third party insurer the cost of care and services provided by the Department of Veterans Affairs to a veteran for a non-service-connected disability for which such third party would otherwise have been responsible to provide to eliminate the October 1, 1993, delimiting date by which such care and services must have been received in ordered to be recovered by the Department, in the case of a veteran who also has a service-connected disability and is entitled to care under a health-plan contract.
Title XXXVII: Veterans' Home Loan Improvement Act of 1992 - Veterans' Home Loan Improvement Act of 1992 - Revises the loan fee required to be paid by a veteran to the Department of Veterans Affairs in the case of a loan made, guaranteed, or insured by the Department to set such fee at the following percentages of the total amount of the loan: (1) two percent, in the case of loans made for the purchase of manufactured homes and lots; and (2) two and one-half percent, in the case of a veteran who has previously obtained a guaranteed loan, without respect to the loan purpose or the amount of down payment. Waives the two and one-half percent fee in some instances. Waives a specified percentage increase in the amount of such loan fee for loans closed between November 1, 1990, and September 30, 1991.
Reduces from 95 to 90 percent of the total purchase price of the property securing the loan the amount which will be guaranteed by the Department in the case of loans made for the purchase of manufactured homes and lots. Makes such guaranteed loan amount also 90 percent of the reasonable value of the dwelling or farm residence in the case of a veteran who has previously obtained a guaranteed loan without respect to the loan purpose or the amount of down payment. Waives the later 90-percent limitation in some instances.
Title XXXVIII: Permanent Extension of Certain Veterans-Related Income Verification and Pension Provisions in the Omnibus Budget Reconciliation Act of 1990 - Amends the Internal Revenue Code to authorize the Secretary of Veterans to permanently (currently ends September 30, 1992) utilize Internal Revenue Service and Social Security Administration data for income verification purposes. Makes permanent (also currently expires on such date) the authority to obtain such information from the Secretaries of the Treasury or Health and Human Services.
Makes permanent (currently expires on September 30, 1992) the $90 maximum monthly pension authorized for a veteran having neither spouse nor child and being furnished domiciliary care by the Department of Veterans Affairs.
Title XXXIX: Target Entitlement for Vocational Rehabilitation Benefits to Veterans with Service-Connected Disabilities Rated 30 Percent or More; and Adjust Military Pay Reduction for Montgomery GI Bill Participants - Entitles a veteran to a veterans' rehabilitation program if such veteran has a service-connected disability rated at 30 (currently, 20) percent or more and which was incurred in service after September 16, 1940.
Provides that certain reductions from basic pay taken to allow for coverage of basic educational assistance under the Montgomery GI Bill shall include only those individuals who first entered onto active duty before October 1, 1992 (currently, such reduction applies to all service members). Makes identical changes with regard to entitlement for reserve personnel and for certain active-duty personnel enrolling in the basic education assistance program before being involuntarily separated from service.
Title XL - Retirement Modification Act of 1992 - Retirement Modification Act of 1992 - Increases Federal employee contributions to the Civil Service Retirement System by one percent on January 1, 1993, and by an additional one percent on January 1, 1994. Repeals provisions under the Civil Service Retirement System, Federal Employees' Retirement System, Foreign Service Act of 1980, and Central Intelligence Agency Retirement Act of 1964 for Certain Employees providing for alternative forms of annuities.
Title XLI: Conform the Definition of Compensation Under the Railroad Retirement Tax Act to That Under the Federal Insurance Contributions Act - Amends the Internal Revenue Code to conform the definition of employee compensation under the Railroad Retirement Tax Act and the Railroad Retirement Act to that under the Federal Insurance Contributions Act.
Title XLII - Extend the Duration of the Patent and Trademark Office User Fee Surcharge Through 1997 - Amends the Omnibus Budget Reconciliation Act of 1990 to extend from 1995 to 1997 the authority of the Patent and Trademark Office to impose user fee surcharges.
Sets forth permissible surcharge revisions for FY 1996 and 1997.
Title XLIII: Expanding Existing Army Corps of Engineers User Fees for Use of Developed Recreation Sites - Amends the Flood Control Act of 1968 to authorize the Secretary of the Army to charge fees for use of developed recreation sites and facilities, including, but not limited to, campsites, swimming beaches, and boat launching ramps. (Current law prohibits fees for such sites and facilities.) Prohibits the Secretary from charging fees for use or provision of drinking water, wayside exhibits, general purpose roads, overlook sites, toilet facilities, or general visitor information.
Amends the Land and Water Conservation Fund Act of 1965 to repeal the requirement that at lakes or reservoirs under jurisdiction of the Corps of Engineers where camping is permitted, at least one primitive campground be provided free of charge. (Thus permitting user fees for all such campsites and facilities.
Title XLIV - Extend Authority to Collect Abandoned Mine Reclamation Fees - Amends the Surface Mining Control and Reclamation Act of 1977 to extend from 1995 to 1997 the authority of the Secretary of the Interior to collect abandoned mine reclamation fees.
Title XLV: FCC User Fees - Federal Communications Commission User Fee Act of 1992 - Directs the Federal Communications Commission, in FY 1993 and thereafter, to collect user fees from users of Commission services to recover the total nonapplication processing operational costs of the Commission.
Title XLVI: Limitation on Mandatory Spending - Amends the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm Rudman-Hollings Act) to set forth limitations on direct spending. Requires an offsetting sequestration whenever any increase in the annual amount of direct spending exceeds the amount resulting from the increase in beneficiary population, and changes in the consumer price index, plus 2.5 percent per year (1.6 percent after enactment of comprehensive health reform). Requires any amount required to be sequestered to be obtained from direct spending accounts. Requires the use of the special reconciliation process whenever an update report indicates that a sequester would be necessary.
Title XLVII: Extension of Budget Enforcement Act and Application to Credit Programs - Amends the Congressional Budget Act to sets forth the maximum deficit amounts for FY 1996 and 1997. Revises the discretionary spending limits for FY 1994 and 1995 and sets forth such amounts in the defense, international, and budget categories. Establishes such amounts for FY 1996 and 1997. Declares that such amounts reflect adjustments through the OMB FY 1993 sequestration preview report in the President's FY 1993 Budget.
Sets forth aggregate credit limits for subsidy costs, direct loan obligations, and loan guarantee commitments for FY 1993 through FY 1997.
Extends certain pay-as-you-go provisions through FY 1997.
Amends the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) to extend enforcement authorities until 1997.
Title XLVIII: Congressional Budget Reform Act of 1992 - Congressional Budget Reform Act of 1992 - Amends the Congressional Budget and Impoundment Control Act of 1974 to change concurrent budget resolutions into joint budget resolutions.
Makes technical and conforming amendments to the Rules of the House of Representatives and the Deficit Control Act of 1985.
Title XLIX: Legislative Line Item Veto Act of 1992 - Legislative Line Item Veto Act of 1992 - Amends the Impoundment Control Act of 1974 to grant the President line item veto rescission authority. Establishes congressional procedure for consideration of such rescissions.