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Official portrait of Rep. Scheuer, James H. [D-NY-8]

Rep. Scheuer, James H. [D-NY-8]

United States · Official source

Memberships

  • · House of Representatives · present
  • · House of Representatives · present
  • D · D · present

Votes

No stored named vote for this person. House roll-calls come from Congress.gov; Senate member lists come from senate.gov LIS XML.

Law· HRH.R. 6133 (102nd)enacted

Land Remote Sensing Policy Act of 1992

United States · United States Congress · 5 October 1992

Land Remote Sensing Policy Act of 1992 - Repeals the Land Remote-Sensing Commercialization Act of 1984. Title I: Landsat - Makes the Administrator of the National Aeronautics and Space Administration (NASA Administrator) and the Secretary of Defense jointly responsible for management of the Landsat program. (Currently such program is managed by the National Oceanic and Atmospheric Administration of the Department of Commerce.) Requires establishment of an integrated program management structure for the Landsat system. Directs the NASA Administrator, the Secretary of Defense, and any other Federal official the President designates as responsible for part of the Landsat system, to establish through a management plan the roles, responsibilities, and funding expectations for the Landsat program of the appropriate Federal agencies. Requires the management plan to specify that the fundamental goal of Landsat Program Management (LPM) is continuity of unenhanced Landsat data through acquisition and opearation of a Landsat 7 satellite, as quickly as possible, which is at least functionally equivalent to the Landsat 6 satellite, with the addition of a tracking and data relay satellite communications capability. Requires the management plan to include a baseline funding profile and to specify that any improvements over Landsat 6 capability be funded by a specific sponsoring agency if the required funding exceeds such profile. Requires the plan to provide for a technology demonstration program. Sets forth LPM responsibilities for various functions, including authority to contract. Establishes a Landsat advisory process and LPM reporting requirements. Requires LPM to contract expeditiously with a U.S. private sector entity to develop and deliver Landsat 7 (subject to appropriations and only under the existing contract authority of the Federal Agencies that compose LPM). Sets forth development and delivery considerations for LPM in negotiating such contract. Requires LPM to notify the Congress promptly of any significant cost or schedule changes. Requires LPM to take into account the location of operations, assets, personnel, and other such factors in defining "U.S. private sector entities." Directs LPM to negotiate with the Landsat 6 contractor to formalize a specified arrangement and provide for a phased transition to a data policy consistent with Landsat 7 data policy. Requires a report to the Congress if there is failure to reach an agreement, by September 30, 1993. Transfers to LPM the responsibilities of the Secretary of Commerce with respect to Landsat 6, as agreed to by such Secretary and LPM. Directs LPM to develop a data policy for Landsat 7 which ensures: (1) availability of unenhanced data to all users at the cost of fulfilling user requests; (2) timely and dependable delivery of unenhanced data to the full spectrum of civilian, national security, commercial, and foreign users and the National Satellite Land Remote Sensing Data Archive; (3) U.S. retention of ownership of all unenhanced data generated by Landsat 7; (4) support for developing the commercial market for remote sensing data; (5) retention of commercial value-added services based on remote sensing data as an exclusively private sector function; and (6) compatibility, as much as possible, of the Landsat 7 data distribution system with the Earth Observing System Data and Information System. Allows such data policy also to provide for: (1) U.S. private sector entity operation of ground receiving stations in the United States for Landsat 7 data; (2) other means for direct access by private sector entities to unenhanced data from Landsat 7; and (3) the charging of U.S. Government fees to entities operating ground receiving stations or distributing Landsat 7 data. Requires LPM to report to the Congress a Landsat 7 Data Policy Plan by July 15, 1994. Title II: Licensing of Private Remote Sensing Space Systems - Authorizes the Secretary of Commerce (the Secretary, for purposes of this title) to license private sector parties to operate private remote sensing space systems for such period as the Secretary may specify. Limits the Secretary's authority under this title to remote sensing operations only of any private space systems used for those and other purposes. Requires, before a license may be granted, the Secretary to determine in writing that the applicant will comply with requirements of and regulations under this Act, and any applicable U.S. international obligations and national security concerns. Sets deadlines for the Secretary's actions on applications. Prohibits the Secretary from denying a license in order to protect any existing licensee from competition. Directs the Secretary to designate in the licence any unenhanced data which the licensee is required to provide. Requires such licenses for operation of any private remote sensing space system by any persons subject to U.S. jurisdiction or control or by their subsidiaries or affiliates. Provides that such licenses require a licensee to comply with this Act and with specified requirements relating to national security, international obligations, availability of unenhanced data (both to governments with respect to their territory and to users on a nondiscriminatory basis), disposition of satellites, information on orbit and data collection and deviation, and notification about any intended agreement involving foreign nations or entities. Sets forth additional licensing requirements for Landsat 6 contractors, including notification and compliance plans with respect to any value added activities. Sets forth the administrative authority and the regulatory authority of the Secretary with respect to this title. Provides for licensing private entities to operate private remote sensing space systems which use, on a space-available basis, civilian U.S. Government space satellites or vehicles as platforms. Authorizes the Secretary to license such system if: (1) the operator agrees to reimburse the Government for all related costs, including a share of fixed, platform, data transmission, and launch costs; and (2) the use would not interfere with or compromise intended civilian Government missions. Title III: Research, Development and Demonstration - Directs the NASA Administrator and the Secretary of Defense to continue and enhance remote sensing research and development programs. Authorizes the NASA Administrator to conduct experimental space remote sensing programs. Authorizes the Secretaries of Agriculture and of the Interior to research and develop applications of remote sensing to the management and use of renewable and nonrenewable resources of the United States. Requires all unenhanced land remote sensing data gathered and owned by the U.S. Government to be made available to users in a timely fashion. Directs the President to seek to ensure that unenhanced data gathered under the technology demonstration program are made available on terms that would not adversely affect the commercial market for unenhanced data gathered by the Landsat 6 spacecraft. Directs the President to establish a technology demonstration program, through appropriate U.S. Government agencies, as a fundamental component of a national land remote sensing strategy. Requires such program to seek to launch advanced land remote sensing system components within five years after enactment of this Act and to demonstrate, within such period: (1) advanced sensor capabilities suitable for use in the anticipated land remote sensing program; and (2) an advanced land remote system design that could be less expensive to procure and operate than the Landsat system projected to be in operation through the year 2000. Directs the President, in executing such program, to seek to apply intelligence gathering technologies to the extent that they are appropriate for the technology demonstration and can be declassified without harm to national security. Requires such program to be designed to be responsive to the broad civilian, national security, commercial, and foreign policy needs of the United States. Allows such program to be carried out in part with private funding. Requires LPM to have a coordinating role in such program. Directs the President to assess the program's progress and report to the Congress within two years after enactment of this Act. Title IV: Assessing Options for Successor Land Remote Sensing System - Directs LPM to assess and report to the Congress on the options for a successor land remote sensing system to Landsat 7. Requires the report to fully assess advantages and disadvantages of funding and management of a successor system by: (1) the private sector; (2) an international consortium; (3) the U.S. Government; and (4) a cooperative effort by the U.S. Government and the private sector. States that preference should be given to private sector system development, without competition from the U.S. Government, if a successor land remote sensing system to Landsat 7 can be funded and managed by the private sector while still achieving specified goals and without jeopardizing U.S. domestic, national security, and foreign policy interests. Title V: General Provisions - Provides for nondiscriminatory availability of data. Requires that any unenhanced data generated by the Landsat system, or by any other land remote sensing system funded and owned by the U.S. Government, be made available, with specified exceptions, to all users on a nondiscriminatory basis. Declares it to be in the public interest for the U.S. Government to maintain an archive of land remote sensing data for historical, scientific, and technical purposes. Directs the Secretary of the Interior to provide for such data's storage, maintenance, and upgrading. Allows the sale of unenhanced data distributed by any licensee only on condition that it will not be reproduced or disseminated by the purchaser for commerical purposes. Authorizes the NASA Administrator, the Secretary of Defense, and other U.S. Government agency heads to provide assistance to land remote sensing system operators under this Act. Requires such operators to reimburse the Government for such assistance, except as otherwise provided by law. Authorizes LPM, by a competitive process, to allow a licensee or any other private party to acquire use of equipment from the Landsat system when it is no longer needed to operate, or sell data from, the system. Requires the filing of an application with the Federal Communications Commission (FCC) for any radio facilities involved with commercial remote sensing space systems licensed under this Act. States that FCC authority shall not be required for development and construction of any U.S. land remote sensing space system (or component), other than radio transmitting facilities or components, while any licensing determination is being made. Directs the Secretary of Commerce and LPM to consult with: (1) the Secretary of Defense on all matters under this Act affecting national security; and (2) the Secretary of State on all matters under this Act affecting international obligations. Directs the Secretary of State to report to the Secretary of Commerce and LPM any instances outside the United States of discriminatory distribution of Landsat data. Requires LPM to report to the Congress on Landsat system operations, including timely notification of decisions relating to national security concerns and international obligations. Authorizes the Secretary of Commerce to require Federal agencies which request imposition of technical modifications on a licensee for national security reasons to reimburse the licensee for certain additional or past development costs (but not for anticipated profits or costs ordinarily associated with doing business abroad). Directs the Secretary of Commerce, in collaboration with the private sector entities responsible for marketing and distributing Landsat system unenhanced data, to develop and implement an enforcement system to ensure that such data received solely for noncommercial purposes are not used for any commercial purpose, in the event that such data are made available for noncommercial purposes at a different price than for other purposes. Provides for the Secretary's enforcement authority, enforcement mechanisms, and procedures and regulations. Title VI: Prohibition of Commercialization of Weather Satellites - Prohibits the President and any other U.S. Government official from making any effort to lease, sell, or transfer to the private sector, or commercialize, any portion of the weather satellite systems operated by the Department of Commerce or any successor agency. Prohibits any such action regardless of any change in circumstances subsequent to enactment of this Act and even if such change makes such commercialization appear to be in the national interest, unless this title has first been repealed.

Bill· HJRESH.J.Res. 552 (102nd)referred

Authorizing the Coalition for a National Memorial to Mahatma Gandhi to establish a memorial to Mahatma Gandhi in the District of Columbia or its environs.

United States · United States Congress · 22 September 1992

Authorizes the Coalition for a National Memorial to Mahatma Gandhi to establish a memorial on Federal land in the District of Columbia or its environs to honor Mahatma Gandhi. Prohibits the United States from paying any expense of establishing the memorial.

Bill· HRH.R. 5992 (102nd)referred

Weather Service Modernization Act of 1992

United States · United States Congress · 22 September 1992

Weather Service Modernization Act of 1992 - Requires the Secretary of Commerce (Secretary) to include as part of the Department of Commerce's annual budget request justification material a National Implementation Plan (National Plan) of actions needed to accomplish the objectives of the ten-year Strategic Plan currently required under the National Aeronautics and Space Administration Authorization Act, Fiscal Year 1989 (NASA Act) for modernization of the National Weather Service (NWS). Specifies national plan contents. Requires the Secretary to: (1) transmit a copy of each annual national plan to the Modernization Transition Committee (established by this Act); and (2) consult with it in developing such plan. Requires the Secretary to: (1) contract with the National Research Council (NRC) for a review of the scientific and technical modernization criteria by which the Secretary proposes to certify action to close, consolidate, automate, or relocate NWS field offices; and (2) publish in the Federal Register final modernization criteria based on such NRC review. Changes requirements for certification that the closing, consolidation, automation, or relocation of any field office will not result in service degradation. Prohibits the Secretary from: (1) changing operations at an NWS field office pursuant to implementation of the Strategic Plan unless the Secretary has provided appropriate notification; (2) removing or permanently decommissioning any NWS radar until the Secretary has prepared radar commissioning and decommissioning reports documenting that such action would be consistent with the final modernization criteria established above; (3) commissioning an automated surface observing system located at an airport unless the weather services provided after commissioning will continue to be in full compliance with applicable flight aviation rules; (4) closing, before January 1, 1996, any NWS field office pursuant to implementation of the Strategic Plan; (5) closing or relocating any NWS field office located at an airport unless the Secretary determines that such action will not result in degradation of service that affects aircraft safety; (6) closing or relocating any NWS field office which is the only office in a State unless the Secretary determines that a comparable level of weather services provided to in-State users will remain; or (7) closing, consolidating, automating, or relocating a NWS field office until arrangements have been made to maintain at least one person in the service area to act as a liaison officer with area weather service users with respect to the provision of information regarding NWS modernization and restructuring activities and weather warnings and forecasts. Establishes the Modernization Transition Committee. Specifies Committee duties, which include reviewing proposed certifications and advising the Congress and the Secretary on implementation and development of the Strategic and National Plans and establishment of modernization criteria. Requires the Secretary to prepare a report for the Congress on the proposed NWS modernization. Specifies report contents. Repeals provisions of the NASA Act with respect to NWS modernization.

Bill· HRH.R. 5961 (102nd)referred

Federal Fair Franchising Practices Act of 1992

United States · United States Congress · 16 September 1992

Federal Fair Franchising Practices Act of 1992 - Provides that a franchise shall include an implied duty by a party to the franchise to act in good faith in the performance and enforcement of the rights and duties established in the franchise, including an obligation, in making a decision or in exercising a power that directly affects the franchise or the franchised business concerned, to give due and equal regard to an interest of any other such party that is likely to be affected by the decision made or the power exercised. Requires the franchisor, in its undertaking with a franchisee, to exercise the skill and knowledge normally possessed by franchisors in good standing in similar communities or trade areas, unless the franchisor: (1) represents that it has greater skill or knowledge; or (2) conspicuously disclaims that it has the normal skill or knowledge. Specifies that such duty may not be disclaimed or qualified by agreement or by conduct, but a franchisor may by written agreement define specifically the nature and scope of its skill or knowledge and of its undertaking with a franchisee. Permits a franchisor that has delivered to a prospective franchisee a valid offering circular to negotiate with the prospective franchisee concerning the terms of a franchise and to execute with the prospective franchisee a franchise whose terms reflect negotiated changes from the initial offering. Authorizes a franchise to obtain equipment, fixtures, supplies, and services used in the establishment and operation of a franchised business from any source if the goods and services meet any reasonable standard regarding their nature and quality that may be promulgated by the franchisor concerned, with exceptions. Prohibits a franchisor from terminating or refusing to renew a franchise whose term is indeterminate without good cause. Authorizes a franchisee to transfer a transferable interest to a transferee who meets a franchisor's reasonable, essential, and nondiscriminatory standards for new franchisees or transferees, as the standards are in effect on the date the franchisee and the transferee agree to the transfer. Prohibits a franchisor from withholding its consent to such a transfer without good cause. Sets forth provisions regarding: (1) notice of proposed transfer; (2) consent to proposed transfer; (3) permissible and impermissible conditions on transfer; (4) rights of first refusal; (5) consent to a public offering; (6) consent to a pooling or exchange of interests or assets; (7) assignment of interests; (8) non-interference; (9) security interests of a franchisee; (10) effect of certain covenants; and (11) transfer of interests by a franchisor. Prohibits a franchisor from prohibiting, or enforcing a prohibition against, a franchisee engaging in any lawful business at any location after expiration of the term of the franchise, termination of the franchise by the franchisee for good cause, or transfer by the franchisee of its full interest in the franchise, with exceptions. Bars a franchisor from: (1) inhibiting its franchisees from forming an association or from associating with other franchisees for any lawful purpose; and (2) penalizing a franchisee for organizing or participating in an association of franchisees. Requires a franchisor that has more than 500 franchisees outstanding, or more than 300 franchisees in the United States, to bargain in good faith with an organization of its franchisees that represents generally, or on a specific issue or set of issues, a majority of its franchisees in the United States, and that requests such bargaining. Prohibits (with exceptions) a franchisor from placing, or licensing another to place, a new outlet in unreasonable proximity to an established franchised outlet if: (1) the intent or probable effect of establishing the new outlet is to cause a diminution of gross sales by the established outlet of more than ten percent in 12 months immediately following establishment of the new outlet; and (2) the established outlet offers goods or services identified by the same trademark as those offered from the new outlet or has premises that are identified by the same trademark as the new outlet. Sets forth provisions regarding the burden of proof. Bars a franchisor, in granting franchises, considering approval of transfers of transferable interests, and administering its franchise system, from discriminating against any person on the basis of race, color, religion, national origin, sex, or physical handicap. Authorizes a party to a franchise who is injured or likely to be injured by a violation or impending violation of this Act or of Federal provisions relating to disclosure requirements and prohibitions concerning franchising and business opportunity ventures to bring an action for relief in a court of competent jurisdiction. Specifies that the prevailing party in such an action may recover its costs. Permits a court, for purposes of determining whether to issue an injunction or a restraining order, to presume irreparable harm from such a violation, and to award preliminary injunctive relief without bond or other financial security in such an action. Makes this Act applicable to a franchised business that is operated in whole or in part in the United States, to a franchise that grants the right to engage in such a franchised business, and to parties to such a franchise. Sets forth provisions regarding: (1) waiver or avoidance; (2) effect of choice-of-law provisions; (3) effect of exclusionary provisions; (4) effect of certain stipulations; and (5) nonpreemption.

Bill· HRH.R. 5952 (102nd)open

Prescription Drug User Fee Act of 1992

United States · United States Congress · 16 September 1992

Prescription Drug User Fee Act of 1992 - Amends the Federal Food, Drug, and Cosmetic Act to provide authority for the Secretary of Health and Human Services to assess and collect fees from manufacturers of prescription drugs beginning in FY 1993. Establishes a schedule for prescription drug application and supplement fees, prescription drug establishment fees, and prescription drug product fees. Provides for the annual adjustment of such fees to reflect increases in the Consumer Price Index for urban consumers or increases in Federal pay. Authorizes the Secretary to waive or reduce fees. Prohibits the assessment of fees for a fiscal year after FY 1993 unless appropriations for salaries and expenses of the Food and Drug Administration (FDA) are equal or greater than such appropriations for FY 1992. Credits such fees to the appropriation account for salaries and expenses of the FDA. Authorizes appropriations for FY 1993 through 1997. Provides a mechanism for collecting unpaid fees. Requires the FDA to make annual reports to the Congress on this Act.

Bill· HRH.R. 5940 (102nd)referred

Forfeiture Equity Act of 1992

United States · United States Congress · 15 September 1992

Forfeiture Equity Act of 1992 - Requires the Attorney General to establish a system for paying State and local government sums in lieu of taxes which would be due on property civilly seized by the Attorney General if such property had not been seized.

Bill· HRH.R. 5938 (102nd)referred

Mammography Quality Standards Act of 1992

United States · United States Congress · 15 September 1992

Mammography Quality Standards Act of 1992 - Amends the Public Health Service Act to require certification (or provisional certification) in order for a facility to perform or interpret mammograms, inspect equipment, or provide for the processing of mammography film. Authorizes the Secretary of Health and Human Services to issue and renew certificates for a specified period of time. Allows the Secretary to approve a private nonprofit organization or State agency to be an accreditation body if it meets certain standards. Mandates standards to assure the safety and accuracy of mammograms, including regarding: (1) quality assurance and control programs; (2) equipment used; (3) licensing, certification, and training of personnel; and (4) recordkeeping and retention. Directs the Secretary to conduct annual inspections of certified facilities. Requires, subject to waiver, 48 hours notice of inspections. Provides for: (1) directed plans of correction, on site monitoring costs payment, and civil money penalties; (2) suspension, revocation, and limitation of certificates; and (3) injunctions. Limits State inspection fees to the costs of conducting the inspections. Requires annual publication of a list of facilities convicted of fraud and abuse, false billings, or kickbacks, facilities that have had certificates revoked, suspended, or limited, and facilities that have been the subject of a sanction or other similar matters. Establishes the National Mammography Quality Assurance Advisory Committee. Mandates grants to establish surveillance systems to evaluate breast cancer screening programs. Authorizes appropriations to carry out this Act.

Bill· HRH.R. 5842 (102nd)referred

To award a congressional gold medal to John Birks "Dizzy" Gillespie.

United States · United States Congress · 12 August 1992

Authorizes the President, on behalf of the Congress, to present a gold medal to John Birks "Dizzy" Gillespie in recognition of his accomplishments as a musician. Authorizes appropriations. Authorizes the Secretary of the Treasury to provide for the sale of bronze duplicates of the medal.

Resolution· HCONRESH.Con.Res. 353 (102nd)referred

Expressing the sense of the Congress that the United States should assume a strong leadership role in implementing the decisions made at the Earth Summit by developing a national strategy to implement Agenda 21 and other Earth summit agreements through domestic policy and foreign policy, by cooperating with all countries to identify and initiate further agreements to protect the global environment, and by supporting and participating in a high-level United Nations Sustainable Development Commission.

United States · United States Congress · 5 August 1992

Expresses the sense of the Congress that effective follow-up to achieve the goals of the agreements reached at the United Nations Conference on Environment and Development (UNCED) will depend on the following actions by the President and the U.S. Government: (1) adoption of a national strategy for environmentally sustainable development, based on an extensive process of nationwide consultations with all interested organizations and individuals; (2) the Government encouraging and facilitating means for adopting individual Agenda 21 plans of action, including the establishment of local, county, State, business, and other boards and commissions for achieving sustainable development; (3) the President establishing an effective mechanism to plan, initiate, and coordinate U.S. policy for implementing Agenda 21; and (4) policies being formulated for foreign policy and assistance to help developing countries, and for domestic actions to assure appropriate action to implement Agenda 21. Supports: (1) pursuing the research and policy initiatives urged in Agenda 21, including research on sustainable consumption and production patterns, creation of a policy framework for sustainable consumption patterns, identification of a strategy to eliminate or reduce subsidies for unsustainable natural resource exploitation, and improving pricing policies; (2) the Congress adopting a plan to reallocate an appropriate amount of savings from reduced defense spending to achieve its goals of global environmental protection and sustainable development over the next decade; and (3) the effective establishment of a high-level United Nations (UN) Commission on Sustainable Development. Urges the United States to call for periodic international meetings to continue the process toward developing and advancing international agreement to facilitate sustainable economic development. Calls on the President to: (1) urge and actively participate in multilateral efforts aimed at creating a more favorable international economic climate for developing countries to practice sustainable development; (2) affirm strong U.S. commitment to the Commission by appointing a high-level representative to the Commission and by encouraging the UN Secretary General to appoint an Under Secretary General for Sustainable Development; (3) submit and encourage all UN members to submit a national report to the Commission on activities the United States has undertaken to implement Agenda 21 both domestically and internationally, on progress made toward fulfilling other commitments undertaken at UNCED, and on other relevant environmental and developmental issues; and (4) submit an annual report to the Congress on the steps taken by the United States to implement Agenda 21 and the recommendations made by this Act and make information regarding such steps available to Members of the Congress upon request.

Resolution· HRESH.Res. 538 (102nd)passed

Commending the heroic individuals who acted to rescue Jews during the Holocaust and the Jewish Foundation for Christian Rescuers, which perpetuates the altruism and moral courage of such individuals.

United States · United States Congress · 4 August 1992

Commends: (1) the many heroic individuals who acted at great risk to save Jews from death during the Holocaust; and (2) the Jewish Foundation for Christian Rescuers for its work in recognizing, honoring, and encouraging the people of the world to show the altruism and moral courage of such heroic individuals.

Bill· HRH.R. 5746 (102nd)referred

Health Choices Freedom Act of 1992

United States · United States Congress · 31 July 1992

Health Choices Freedom Act of 1992 - Amends the Federal Food, Drug, and Cosmetic Act to define "dietary supplement." Declares that a supplement is not: (1) a drug solely because of its potency or because its labeling or advertising contains certain material; or (2) a food additive if certain requirements are met. Regulates supplement labeling and advertising.

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