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

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

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4,730 records where Rep. Scheuer, James H. [D-NY-8] is listed as a sponsor, author, or other actor. Search with topics and years

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· 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· 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. 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. 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. 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. 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.

Bill· HRH.R. 5600 (102nd)open

Children's Initiative

United States · United States Congress · 9 July 1992

Children's Initiative - Family Preservation Act of 1992 - States that titles I through V of this Act may be cited as the Family Preservation Act of 1992 - Title I: Child Welfare Services - Amends part B (Child Welfare Services) of title IV of the Social Security Act (SSA) to create a capped entitlement program to provide child welfare services designed to strengthen and preserve families. Provides for allotments, reallotments, and payments to States of entitlement funds. Requires use of part of such funds to develop or expand specialized child welfare service programs for families in crisis due to substance abuse. Requires uses of remaining funds to develop or expand certain family and child service programs. Repeals provisions for incentive payments to States which maintain a foster care inventory, information system, and case review system; but requires States to provide such protections and other services designed to keep families together or reunify them, or to place children for adoption, with a legal guardian, or in some other planned, permanent living arrangement. Requires States to submit the following types of reports on child welfare services and expenditures: (1) pre-expenditure reports; (2) post-expenditure reports; and (3) comparative financial contributions reports. Requires the Secretary of Health and Human Services to transmit to specified congressional committees annual summaries of the information in such comparative financial contributions reports. Requires such information to be made available to the public. Reserves entitlement funds for grants to State court systems to assess and improve procedures in child welfare cases in carrying out parts B and E (Foster Care and Adoption Assistance) of SSA title IV. Sets forth application requirements and formulas for determining the amount of such grants for FY 1994 through 1998. Directs the HHS Secretary to submit interim and final reports to the Congress on the information obtained from assessments conducted with such grants and the impact of such grant program on State court procedures and functions. Requires each State to compile periodically a detailed directory of programs designed to keep families together or reunify them or place children permanently, identifying which of such programs provides specialized child welfare services to families in crisis due to substance abuse. Requires States to report on measures taken to comply with the Indian Child Welfare Act. Title II: Foster Care And Adoption Assistance - Amends SSA title IV to add a new part C, Comprehensive Service Projects to grant States flexibility and resources to develop comprehensive and coordinated services designed to: (1) preserve and strengthen families with children at risk of placement outside their homes; (2) reunite children with their families expeditiously if an out-of-home placement is found to be necessary; and (3) place children in adoptive homes or other permanent arrangements in a timely fashion if reunification with their families is not appropriate. Permits any State to apply to the HHS Secretary for permission to: (1) conduct a comprehensive service project in a selected area or areas; and (2) suspend certain child welfare services and foster care and adoption assistance requirements with respect to State activities in such area or areas during the project. Sets forth application requirements and administrative provisions for such projects. Prohibits the HHS Secretary from requiring as a condition of approval of a project application: (1) the State to select any area or areas in which to conduct the project; or (2) the project to comply with any requirements not specified in the project authorization. Sets forth those requirements with which such a project must comply. Provides for determining the expenses for which a State might properly seek reimbursement, for purposes of calculating such grant amount. Authorizes the HHS Secretary to increase such grant amount, to the extent appropriate, by taking specified factors into account. Sets forth requirements for notification to States of grant amounts, and for grant payments in equal quarterly installments. Prohibits a State from carrying out such a project in a manner that impairs the entitlement of any child to: (1) the foster care benefits he or she would have receive if the HHS Secretary had approved the State plan and had not authorized the State to conduct such a project; or (2) any other benefit to which the child is legally entitled. Deems a State to have in effect an approved foster care and adoption assistance plan during the period in which it conducts such a project for purposes of State plan requirements under part A (Aid to Families with Dependent Children) (AFDC) of SSA title IV. Requires States to report annually on project funds expended to the HHS Secretary and the Advisory Commission on Children and Families. Provides for administrative remedies for unsuccessful projects. Provides for project termination. Makes abandoned children entering foster care eligible for foster care maintenance payments. Makes the adoptive parents of any such child with respect to whom foster care maintenance payments may be made eligible for adoption assistance payments. Makes technical revisions to the foster care maintenance payments program and the adoption assistance program to expand the removal from home requirement to include removal from legal custody. Provides for retroactive application of such new requirement under the adoption assistance program. Makes children whose adoption has been set aside by a court eligible for foster care maintenance payments. Makes the adoptive parents of any such child with respect to whom foster care maintenance payments may be made eligible for adoption assistance payments. Establishes a respite care program for foster parents with children who have special needs. Limits the expenses eligible for reimbursement under such program. Expands the definition of children with special needs, for purposes of the adoption assistance program, to include: (1) those children for whom information is known and available about their genetic or social history indicating a high risk of medical conditions or physical, mental, or emotional handicaps which makes it reasonable to conclude that they cannot be placed for adoption without providing part E adoption assistance or Medicaid (SSA title XIX) medical assistance; and (2) those children that have been adopted, that were under the care and responsibility of the State agency responsible for administering the State's part E programs immediately before adoption, and that have a mental, physical, or emotional handicap that either existed before the adoption but was not diagnosed until afterwards, or first manifests itself after the adoption but is congenital or was caused beforehand. Extends to relatives (as well as foster parents) who are prospective adoptive parents, and with whom the child has significant emotional ties while in their care, the exception to the requirement that an effort be made to place special needs children with appropriate adoptive parents without providing adoption or Medicaid assistance. Requires each State to submit to the HHS Secretary the factors and conditions it uses to identify children with special needs for purposes of the adoption assistance program, and any modifications to such factors and conditions. Directs the HHS Secretary to establish an Advisory Committee on Foster Care Placement to study and report to the Secretary and the Congress on the implementation of specified requirements, under State plans for foster care and adoption assistance, that reasonable efforts be made: (1) before placement of a child in a foster home, to prevent or eliminate the need for removal of the child from the child's home; and (2) to make it possible for the child to return to the child's home. Provides Federal coverage of 90 percent of State costs in developing and installing certain statewide mechanized data collection and information retrieval systems. Covers 50 percent of State costs for operation of such systems. Provides that all State expenditures for development, installation, and operation of such systems shall be treated as necessary for proper and efficient administration of the State plan, without regard to whether the systems may be used with respect to foster or adoptive children other than those on behalf of whom payments may be made for foster care maintenance or adoption assistance. Reduces, after three years, from 90 to 50 percent the Federal matching payment for development and installation of such systems. Defers a deadline for implementation of automated systems until one year after certain regulations are promulgated. Directs the Secretary to establish a work group to advise on planning and implementation of the system to be used for collection of data relating to adoption and foster care in the United States. Requires the State plan to provide for: (1) a triennial review of the amounts paid as foster care maintenance payments and adoption assistance to assure their continuing appropriateness; and (2) a report to the HHS Secretary on the results. Sets forth requirements concerning dispositional hearings to determine the final status of a foster child. Revises the time frame for judicial determinations on voluntary placements. Sets forth case plan requirements for placement of children in out-of-State foster care. Requires annual review, with the child present, of the status of children in out-of-State foster care placements. Requires States to collect data on the numbers of children in out-of-State foster care placements. Requires a State, in order to receive payments for expenditures after FY 1994 for foster care maintenance payments made with respect to children placed in foster care outside the State, to conduct and submit a study to the HHS Secretary, by the end of such fiscal year, identifying the number and common characteristics of such children and the reasons why they were not placed in foster care in the State. Provides for the treatment of assets of youth participating in the independent living program. Eliminates the ceilings on Federal foster care payments to States and the State's authority to transfer unused foster care funds to child welfare services programs. Directs the HHS Secretary to: (1) establish an advisory committee; and (2) issue final regulations for training of staff of agencies responsible for administering foster care and adoption assistance programs, and for training of foster care and adoptive parents. Directs the Secretary annually to publish information, on a State-by-State basis, on expenditures for, and the operation of, the Child Welfare Services program, the Foster Care and Adoption Assistance program, and Comprehensive Service Projects. Amends SSA title IV to add a new part G, Child Welfare Review System. Directs the HHS Secretary to establish such system to: (1) review each State child welfare program to assess whether the requirements of the Act are being carried out; (2) impose financial penalties in cases of substantial failure to comply; and (3) provide technical assistance to any such program. Sets forth provisions relating to effects of noncompliance, suspension and rescission of financial penalties, and administrative and judicial review. Requires that all State child welfare programs be reviewed at least once by the end of FY 1997. Prohibits the Secretary from reducing or withholding any payment, or seeking any repayment from any State under part B or E, by reason of a determination made in connection with specified reviews or audits for certain periods. Prohibits suspension of payments with respect to any claim for reimbursement 30 days after the HHS Secretary receives the quarterly statement of expenditures that contains the report of the claim. Provides that within ten months after the Secretary takes any action to suspend payment with respect to such a claim, the Secretary shall: (1) determine the allowability of the claim; or (2) if unable to make such a determination, make payment with respect to the claim, subject to a later determination of allowability. Title III: Social Services Block Grant - Amends SSA title XX (Block Grants to States for Social Services) to authorize increased appropriations for title XX programs. Provides for the allocation to tribal organizations of program funds otherwise allotted to the State in which the Indians represented by such an organization reside. Title IV: Research, Demonstration, and Evaluation Activities - Amends part A (General Provisions) of SSA title XI to require the Director of the Office of Technology Assessment (OTA) to establish an Advisory Commission on Children and Families. Requires the Commission to collect and assess specified types of information in order to identify cost-effective approaches to protect and enhance the physical, mental, emotional, and financial well-being of children and their families. Directs OTA to report annually to the Congress on the Commission and its assessment. Requires the Commission to conduct, through contracts with independent research organizations, the following research and evaluation projects: (1) the evaluation of child welfare service programs, including intensive family preservation programs; (2) foster care evaluations; (3) longitudinal child welfare data bases, and studies of child welfare population dynamics; and (4) comprehensive service projects evaluations. Requires the Commission to study child separation guidelines. Directs the HHS Secretary to conduct the following research and evaluations: (1) a study (under contract with an independent research organization) to assess the prevalence and nature of risks to the safety of employees of child welfare systems; and (2) a three-year study (under contract with an organization with demonstrated appropriate experience) to examine methodologies for measuring the workloads of providers of child welfare services and community mental health services. Directs the HHS Secretary to make grants to States or localities for child welfare demonstration projects concerning abandoned child permanent placement. Directs the HHS Secretary to authorize eligible institutions to conduct demonstration projects to train eligible individuals to deliver culturally sensitive and bilingual child welfare services in U.S. areas that border on Mexico. Directs the HHS Secretary to make grants to eligible institutions to conduct projects to train eligible institutions to deliver culturally sensitive and bilingual welfare services in urban centers which have a high proportion of historically unserved or underserved populations. Authorizes the HHS Secretary to make grants to State or local government agencies to conduct demonstration projects designed to: (1) develop and implement innovative recruitment or retention strategies for trained staff in public and private nonprofit agencies working with children and adolescents at risk of being placed in foster care; and (2) test the effect of joint training programs for the staff of child welfare, mental health, and juvenile justice agencies, and for judicial personnel and judges. Authorizes the HHS Secretary to conduct demonstration projects designed to test the feasibility of eliminating income and resource requirements respecting foster care and adoption assistance payments. Directs the HHS Secretary to provide technical assistance to States for: (1) interpreting and implementing parts B, C, and E; (2) disseminating information on innovative child welfare agencies; (3) correcting problems identified through Federal audits and reviews and carrying out corrective action plans under part E; (4) implementing the foster care and adoption data collection system; and (5) addressing other matters identified by the HHS Secretary. Title V: Miscellaneous Human Resources Amendments - Amends the AFDC program to give States the option of using retrospective budgeting without monthly reporting under AFDC. Increases the amount of stepparent income disregarded under AFDC. Amends the Family Support Act of 1988 to extend demonstration projects for evaluating model procedures for reviewing child support awards. Amends the Omnibus Budget Reconciliation Act of 1989 and the Omnibus Budget Reconciliation Act of 1990 to make technical corrections relating to human resource and income security provisions. Title VI: Childhood Hunger Relief - Mickey Leland Childhood Hunger Relief Act - Subtitle A: Ensuring Adequate Food Assistance - Amends the Food Stamp Act of 1977 to remove the excess shelter deduction cap for purposes of food stamp program eligibility. (Sets forth transitional caps through 1996.) Eliminates food stamp reductions for households reapplying for program reinstatement within 30 days. Excludes 100 percent (currently only a specified portion) of third party payments for transitional housing for the homeless from consideration as program income. Increases funding for the nutrition assistance program in Puerto Rico. Excludes general assistance vendor payments from consideration as program income. Excludes the income of high school students from consideration as program income. (Current law excludes income until a student's eighteenth birthday.) Subtitle B: Promoting Self-Sufficiency - Excludes from consideration as program income: (1) the first $50 a month received as child support; and (2) child support payments to non-household members. Increases annually the fair market value limit of vehicles that program recipients may own. Subtitle C: Simplifying the Provision of Food Assistance - Permits related adults living in the same household to apply for separate program benefits under specified conditions. Repeals provisions authorizing benefit reductions due to insufficient funding. Subtitle D: Commodity Distribution to Needy Families - Amends the Emergency Food Assistance Act of 1983 to provide for increased allotments in FY 1993 for commodity purchases under the emergency food assistance program. Subtitle E: Implementation and Effective Dates - Sets forth the effective dates for provisions of this title. Title VII: Funding - Amends the Internal Revenue Code to impose a surtax on individuals with incomes over $1,000,000.

Law· HJRESH.J.Res. 529 (102nd)enacted

Supporting the planting of 500 redwood trees from California in Spain in commemoration of the quincentenary of the voyage of Christopher Columbus and designating the trees as a gift to the people of Spain.

United States · United States Congress · 9 July 1992

Supports the planting of 500 redwood trees from California on the northwest coast of Spain in commemoration of the quincentenary of the voyage of Christopher Columbus to the New World. Designates such trees as a gift to the people of Spain made in the name of the people of the United States.

Resolution· HRESH.Res. 515 (102nd)referred

Expressing the sense of the House of Representatives regarding the need for the President to seek the Senate's advice and consent to ratification of the United Nations Convention on the Rights of the Child.

United States · United States Congress · 9 July 1992

Expresses the sense of the House of Representatives that the President should seek the consent of the Senate to the ratification of the Convention on the Rights of the Child, adopted by the United Nations on November 20, 1989.

Bill· HRH.R. 5543 (102nd)referred

To amend title 38, United States Code, to provide that future increases in the monthly amount paid by the State of New York to blind disabled veterans shall be excluded from the determination of annual income for purposes of the payment of pension by the Secretary of Veterans Affairs.

United States · United States Congress · 2 July 1992

Excludes from the determination of income, for purposes of the payment of pension by the Secretary of Veterans Affairs, any future increases made by the State of New York in the monthly amount paid to blind and totally disabled veterans.

Bill· HRH.R. 5514 (102nd)referred

Health Choice Act of 1992

United States · United States Congress · 30 June 1992

Health Choice Act of 1992 - Title I: Eligibility and Choice of Plan - Entitles each individual to benefits if they are: (1) a U.S. resident and either a citizen, national, or lawful resident alien; and (2) neither a beneficiary under title XVIII (Medicare) of the Social Security Act nor an active armed forces member. Phases in benefits over six years, phase one for prenatal and delivery services and services for children under six, phase two for individuals under 22 and individuals between 60 and 65, and phase three for all eligible individuals. Requires: (1) residents of a State to choose benefits under any arrangement provided by their State's plan; and (2) nonresidents to choose either an employment-based, managed care, or fee-for-service plan. Allows collective bargaining agreements to specify the plan in which the individual must enroll. Mandates distribution of materials and a toll-free telephone number regarding plan choice. Title II: Benefits - Subtitle A: Services - Includes in "basic health services:" (1) clinical preventive services; (2) physicians' services, rural health clinic services, and Federally qualified health center services; (3) hospital services; (4) post-hospital skilled nursing facility services; (5) part-time or intermittent home health services; (6) hospice care; (7) covered outpatient drugs; and (8) other medical and health services as defined by the National Health Board established by this Act. Considers services reasonable and necessary only if they would be so considered under Medicare and requires review of any national coverage determination to be made as under Medicare. Applies certain Medicare exclusions to this title. Subtitle B: Cost-Sharing - Part 1: General Requirements - Mandates certain deductibles for general services, inpatient services, and prescription drugs. Allows a Health Choice plan to require copayments and limited coinsurance. Prohibits deductibles or coinsurance for clinical preventive services. Mandates cost-sharing rules for capitated plans and special payment methodologies. Allows certain cost-sharing for restricted provider managed care plans. Prohibits premiums for basic health services. Part 2: Reduction in Cost-Sharing for Low-Income Individuals - Reduces deductibles for certain low income individuals. Provides for advance and retroactive cost-sharing assistance and for help in completing assistance applications. Mandates reconciliation of advance assistance with actual income. Considers an individual or family that has been determined eligible for aid under specified provisions of parts A (Aid to Families with Dependent Children) and E (Foster Care and Adoption Assistance) of title IV or Supplemental Security Income benefits of the Social Security Act to have an adjusted total income below the poverty line. Title III: Requirements for Health Choice Plans - Subtitle A: Qualified State Health Insurance Plans - Requires each qualified State health insurance plan to enroll each eligible State resident, except for an individual enrolled in a qualified multi-state employment-based health plan. Mandates health care fraud and abuse measures. Subtitle B: Qualified Employment-Based Health Plans - Requires that a qualified employment-based health plan (EBHP) specify its eligibility basis. Allows the plan to group individuals into classifications based on factors determined by the Board. Prohibits enrollment denial within a classification or on the basis of health status or use of health services. Declares that an EBHP is a multi-state plan if the percentage of individuals from one State does not exceed a level set by the Board. Subtitle C: Qualified Managed Care Plans - Specifies certain requirements for a restricted provider managed care plan, including a prohibition of expulsion on the basis of health status or use of health services, continuation of coverage if the plan terminates, and coverage of out-of-plan services. Subtitle D: Fee-for-Service Choice Plan - Requires the Board to operate a fee-for-service choice plan (Choice Plan) providing basic health services through any willing provider. Makes Medicare beneficiaries, notwithstanding other provisions of this Act, eligible for clinical preventive services under a Choice Plan. Applies certain provisions of the Social Security Act relating to: (1) withholding of payments for certain Medicaid providers to this subtitle; and (2) physician referrals to referrals for clinical laboratory services under the Choice Plan. Requires the determination of the amount, scope, and duration of Choice Plan benefits to be made by the Board. Subtitle E: Plan Requirements and Related Provisions - Part 1: Requirements Applicable to Health Choice Plans Generally - Requires each Health Choice plan to provide for at least all basic health services. Prohibits pre-existing condition exclusions. Requires that enrollment of an individual in a Health Choice include enrollment of that individual's family members. Provides for coordination and portability of coverage under qualified plans. Prohibits a Health Choice plan from paying for basic health services unless the provider is qualified to have payment made. Provides for the qualification of hospitals, physicians, other providers and suppliers, and Indian health service facilities, applying certain Medicare provisions. Requires risk management programs. Allows fee-for-service and capitated plans to restrict coverage through utilization review programs meeting standards set by the Board. Prohibits a Health Choice plan from operating a physician incentive plan (providing compensation or other financial arrangements that may reduce services) unless certain Medicare requirements are met. Protects individuals from liability to providers if a plan fails to make payments for basic health services. Requires each plan to coordinate benefits with low-income assistance under title II of this Act. Mandates quality assurance mechanisms, measures to control fraud and abuse, transmission of information regarding outcomes and expenditures, and the use of unique provider and individual identifiers and uniform plan cards. Applies certain Medicare provisions (relating to offset of payments to individuals to collect past-due obligations from a breach of scholarship and loan contracts) to this title. Requires, after complete phase-in of benefits, fee-for-service claims to be submitted electronically. Requires each plan to maintain written policies and procedures regarding advance directives, as defined in specified Medicare provisions. Part 2: Requirements and Other Applicable Provisions for Capitated Plans - Provides for the approval of State, employment-based, and managed care plans. Sets forth minimum enrollment levels for employment-related and managed care plans. Prohibits a capitated plan that has enrolled an individual from denying enrollment to the individual's family. Allows geographic limitations for State and managed care plans. Provides for the setting and calculation of payment amounts for capitated plans. Requires each capitated plan: (1) except for employment-based plans, to make certain disclosures, including regarding comparing benefits and cost-sharing to fee-for-service plans, describing pre-existing condition limitations, describing provider limits, and disclosing the availability of low-income assistance; (2) to provide grievance and appeals procedures; and (3) to establish insolvency protection. Provides for enforcement of capitated plan requirements through civil monetary penalties, suspension of enrollment, termination of approval, and intermediate sanctions. Requires capitated plans to disclose certain information to the Board. Part 3: Preemption of State Laws - Prohibits State laws and regulations: (1) requiring the offering, as part of a managed care plan or an employment-based plan, of any services; (2) specifying the individuals to be covered under such a plan or the duration of coverage; or (3) requiring a right of conversion from such a plan to an individual plan. Prohibits a State from prohibiting or regulating: (1) a managed care plan meeting the requirements of subtitle C from taking specified actions; or (2) utilization review programs meeting the requirements of specified provisions of this Act. Title IV: Cost Containment - Subtitle A: Basic Health Services - Part 1: Establishment of National Limits on Health Care Spending - Requires the Board to: (1) annually monitor nonmedicare and medicare expenditures and, if expenditures exceed allocations, reduce allocations for specified expenditures in the second succeeding year; (2) determine, according to a specified formula, overall nonmedicare and Medicare spending amounts; and (3) apportion nonmedicare spending among the States according to the number of eligible residents, adjusted to reflect certain risk factors, cost differences outside the control of providers, and other considerations the Board deems appropriate. Requires: (1) the Board to publish, for nonmedicare and Medicare spending, allocations among the classes of services; (2) the nonmedicare allocations to be reduced to account for individuals in capitated plans; and (3) a reduction in the allocation to that class for the second succeeding year after expenditures exceed the allocation. Allows the Congress, by enacting a law by a specified date in any year, to change the amounts, apportionments, allocations, or reductions set by the Board. Prohibits administrative or judicial review of: (1) the spending, apportionments, or allocations; (2) exceptions under specified provisions; or (3) payment amounts negotiated, payment methodologies used, or payment amounts established under parts 2 or 3. Part 2: Development of Negotiated Payment Amounts for Basic Health Services Under Fee-for-Service Choice Plan and the Medicare Program - Provides for negotiation of payment amounts, including Board approval of recommended negotiated amounts. Part 3: Establishment of Payment Amounts If Negotiated Amounts Not Approved - Provides, if there are no (or unsuccessful) negotiations, for establishment by the Board of the amounts. Specifies the basis for nonmedicare payment amounts. Part 4: Application of Payment Amounts - Makes the negotiated amounts (or the amounts established by the Board) in a State the payment amounts for the State under the fee-for-service plan. Makes the negotiated amounts, if approved by the Board, the basis for Medicare payments. Reduces Medicare payments, if the negotiated amounts are not approved by the Board, by a uniform factor as necessary to keep expenditures from exceeding allocations. Subtitle B: Promotion of Primary Care Services through Changes in Graduate Medical Education - Requires the Board to establish incentives for training needed personnel. Authorizes: (1) payment of additional amounts to particularly successful training programs; and (2) elimination or reduction of payments to hospitals and medical residency programs not meeting needs. Subtitle C: Administrative Savings - Mandates: (1) uniform claims forms; and (2) standards for electronic billing. Title V: Control Over Fraud and Abuse - Amends title XI (General Provisions and Professional Standards Review) of the Social Security Act to add references to Health Choice plans to specified provisions: (1) mandating or permitting exclusion of certain individuals from participation in Medicare; (2) mandating civil monetary penalties; and (3) mandating criminal penalties. Directs the Secretary of Health and Human Services, through the Inspector General, to establish a national data base containing information n health care fraud and abuse, including the identify of providers subjected to certain actions. Requires: (1) each Health Choice plan to report to and query the data base; and (2) coordination with a specified malpractice data base. Provides for confidentiality. Requires each State to maintain a health care fraud and abuse control unit. Allows a unit described in title XIX (Medicaid) of the Social Security Act to meet this requirement. Provides for the structure, functions, and resources of the unit. Requires cooperative agreements between the unit and similar units in other States, the Inspector General, and the U.S. Attorney General. Mandates the assignment and use of unique provider identifiers and unique patient identifiers. Title VI: Administration of Health Choice Program; Health Choice Trust Fund; Quality Assessment - Subtitle A: Administration - Establishes: (1) as an independent agency in the Government, the National Health Board; and (2) the National Advisory Council on Health Policy. Authorizes appropriations from the Health Choice Trust Fund for the Board and the Council. Subtitle B: Health Choice Trust Fund - Creates in the Treasury the Health Choice Trust Fund (Fund), consisting of: (1) taxes resulting from the value added tax and the health excise tax on employers imposed by this title; and (2) State contributions under this title. Requires the Fund to be managed by the Board. Authorizes the issuance of public debt obligations for purchase by the Fund. Excludes Board receipts and disbursements from U.S. budget totals. Provides for the treatment of the Board with regard to the Balanced Budget and Emergency Deficit Control Act of 1985. Transfers from the Fund to the Federal Hospital Insurance Trust Fund and the Federal Supplementary Medical Insurance Trust Fund (Trust Funds) amounts equal to the benefits and administrative costs payable from such Trust Funds as a result of specified provisions of this Act. Provides for the treatment of amounts owed to the Board or the Fund in bankruptcy and reorganization proceedings. Mandates transfers from the Fund to the Agency for Health Care Policy and Research to carry out provisions of the Public Health Service Act relating to that Agency. Requires that expenditures be made from the Fund for grants under title X of this Act relating to: (1) primary care centers and public health clinics serving medically underserved populations; and (2) specialized screening, diagnostic, and treatment services for children. Mandates expenditures from the Fund for demonstration projects under part 2 of subtitle D (relating to medical malpractice). Requires a set-asides of Fund expenditures to: (1) assure adequate support in the administration of the fee-for-service choice plan; and (2) expand the Inspector General's capacity to carry out title V (Control Over Fraud and Abuse). Subtitle C: Miscellaneous - Requires the Board to assess service quality under Health Choice plans, monitor the health status of individuals in the United States, and compile information regarding the appropriateness and quality of services under such plans to provide for a more informed choice in the selection among the plans. Amends provisions of the Social Security Act relating to outcomes research to require that the needs and priorities of the Health Choice program are reflected in the development and updating of treatment- or condition-specific practice guidelines in specified forms. Authorizes demonstration projects to improve service delivery and quality and to increase payment efficiency and effectiveness. Requires project funding to come from the Fund. Mandates reports on: (1) the impact of this Act in meeting goals in "Healthy People, 2000;" (2) consolidating Medicare and other Federal health benefit programs with the Health Choice program; and (3) the impact of this Act on facilities recognized as centers of medical excellence. Subtitle D: Resolution of Medical Malpractice Claims Relating to Health Choice Program - Part 1: Resolution of Claims - Applies this subtitle to any medical malpractice claim in any Federal or State court relating to Health Choice plan services except for a vaccine-related injury or death or to the extent that title XXI (Vaccines) of the Public Health Service Act applies. Preempts differing State laws. Mandates the development of practice guidelines for basic health services and requires that any such guideline serve as the standard of care for the resolution of medical malpractice claims. Requires regulations establishing: (1) factors commonly considered in calculating malpractice economic damages; and (2) a methodology for standardizing the costs or value associated with the factors. Makes the list and methodology admissible. Requires annual compilation of information on damage awards and categorization so as to assist triers of fact in calculating damages. Provides, when a damage award is over a specified amount, for periodic damage payments, imposes a limit on any single payment, and prohibits certain payments after the plaintiff's death. Reduces damages by the amount of collateral source payments, except for payments under title III or Medicare. Mandates development of a methodology for assisting parties in quantifying the dollar value of non-economic harm. Requires: (1) 50 percent of any punitive damages to be awarded to the State for activities to prevent medical injuries or to the State health professional licensing agency; and (2) a reduction in punitive damages by the amount of any plaintiff's attorney's fees owed. Limits the application of these requirements in States limiting malpractice award amounts. Limits attorney's fees. Part 2: Demonstration Projects, Studies, Etc. - Mandates grants for four-year demonstration projects for model administrative systems for the final resolution of all medical malpractice claims through a non-judicial process. Sets forth system requirements. Waives conflicting State laws. Requires designation of a list of medical procedures as generally preventable medical outcomes designated to be compensable in advance of the initiation of a medical malpractice claim (accelerated compensation events). Mandates research relating to the prevention of medical injuries. Requires each State to use all fees paid to the State for licensing, certification, or accreditation of health practitioners to conduct disciplinary and educational activities. Mandates a study on the impact of part 1 on specified matters. Requires an annual report on medical malpractice premiums, including geographic differences. Title VII: Medicare Benefit Improvement - Amends Medicare provisions to remove the limit on the number of inpatient hospital days covered. Revises requirements regarding inpatient hospital deductibles and eliminates references to inpatient hospital coinsurance. Modifies inpatient psychiatric hospital coverage and payments for emergency hospital services. Defines "covered outpatient drug" and specifies exclusions. Provides for determination of the payment amount for such drugs according to specified formulas. Declares that the deductible shall be the deductible under specified provisions of title II of this Act. Sets the coinsurance percentage, certain payment limits, and administrative allowances. Mandates a program to identify (and educate physicians and pharmacists concerning): (1) inappropriate prescribing and dispensing practices; (2) substandard care with respect to such drugs; and (3) potential adverse reactions. Requires related standards. Provides for the treatment of certain prepaid organizations with regard to prescription drugs, including with regard to drug buy-out plans. Requires development and annual updating and dissemination of an information guide for physicians comparing average wholesale prices of at least 500 of the most commonly prescribed covered outpatient drugs. Provides for participation agreements between pharmacies and the Secretary with specified minimum contents. Directs the Secretary to: (1) provide such electronic equipment and technical assistance as necessary for electronic claims submission by pharmacies; and (2) a point-of-sale electronic system for use by carriers and participating pharmacies in the submission of information on covered drugs dispensed to Medicare beneficiaries. Allows payment for such drugs to be made on the basis of an assignment only to a participating pharmacy. Imposes civil monetary penalties for violation of a participation agreement, excessive charges, or failure to provide certain information. Provides for limits on the length of time covered by a prescription. Amends provisions relating to the use of carriers for administration of benefits to set forth requirements applicable to carriers that make determinations or payments regarding covered outpatient drugs. Allows payment for the operation of the electronic claims system. Mandates interest on late payments by the system. Sets forth special rules for health maintenance organizations and competitive medical plans. Regulates the amount a provider may charge. Requires the Director of the Congressional Office of Technology Assessment to provide for the appointment of a Prescription Drug Payment Review Commission. Requires the Commission to report annually to the Congress on methods of determining payment for covered outpatient drugs under Medicare part B. Authorizes appropriations, payable from the Federal Supplementary Medical Insurance Trust Fund. Mandates studies on: (1) including experimental drugs and biological products as Medicare covered outpatient drugs; (2) use of mail pharmacies to reduce costs to Medicare and Medicare beneficiaries; (3) improving utilization review of covered outpatient drugs; (4) the use, studied on a longitudinal basis, of outpatient prescription drugs by Medicare beneficiaries regarding medical necessity, adverse interactions, cost, and patient stockpiling or wastage; (5) average wholesale prices as compared to actual pharmacy acquisition costs; (6) retail pharmacy overhead costs; and (7) discounts by pharmacies to other third-party insurers. Mandates a standard Medicare claims form. Adds tetanus-diphtheria boosters and their administration to the Medicare definition of "medical and other health services." Allows screening mammographies for women over 64 years old 11 (currently, 23) months after a previous screening. Modifies requirements regarding the frequency of screening pap smears. Eliminates certain Medicare cost-sharing requirements after out-of-pocket cost-sharing equals an amount specified under title II of this Act. Imposes other cost-sharing limits. Provides for the inpatient hospital deductible when phase two of this Act becomes effective. Removes provisions relating to: (1) the amount of premiums for individuals enrolled under Medicare part B (Supplementary Medical Insurance); and (2) payment of such premiums. Modifies requirements regarding: (1) the determination of the amount of monthly premiums for certain individuals; and (2) appropriations to cover Government contributions to the Federal Supplementary Medical Insurance Trust Fund and the associated contingency reserve. Amends title II (Old Age, Survivors, and Disability Insurance (OASDI)) provisions of the Social Security Act relating to entitlement to hospital insurance benefits to entitle every individual over age 64 to hospital insurance benefits under Medicare part A (Hospital Insurance). (Current law imposes certain conditions on such entitlement.) Removes provisions relating to the determination of certain monthly Medicare premiums to be paid by the State. Removes provisions allowing payment on the basis of an itemized bill. (Current law allows payment on the basis of an itemized bill or on the basis of an assignment.) Revises requirements regarding refunds of amounts billed on an unassigned basis. Subjects Medicare expenditures to reductions to assure that they do not exceed the allocation for the class of services involved under this Act. Allows a group health plan that is a qualified employment-based health plan under title III of this Act to take into account that an individual is eligible for Medicare benefits if the individual is: (1) a working aged individual, a disabled active individual in a large group health plan, or an individual with end stage renal disease; and (2) not an eligible individual under this Act. Appropriates to the Federal Hospital Insurance Trust Fund and the Federal Supplementary Medical Insurance Trust Fund from the Health Choice Trust Fund amounts equal to the benefits and administrative expenses that result from the amendments made by subtitle A of title VIII of this Act. Title VIII: Medicaid - Amends Medicaid provisions to prohibit payments to States (and declare that a State is not required to make payments) for basic health services for which payment is made under Medicare or this Act. Title IX: Financing - Subtitle A: Value Added Tax - Amends the Internal Revenue Code to impose a tax on each taxable transaction, defined as being, in connection with a business, the sale of property in the United States, the performance of services in the United States, and the importing of property into the United States. Includes in the imposition of the tax any sale or leasing of real property and any importing of property, whether or not in connection with a business. Declares that the taxable amount is the price charged for the property or service or, in the case of exchanges, the fair market value. Sets a zero tax rate for: (1) food, housing (as a primary residence), and medical care, applying the zero rating to all transactions after such items become clearly identifiable as items to which the zero rating will apply; (2) sales to governmental entities; and (3) the providing by a governmental entity of property and services in connection with education. Taxes sales by a governmental entity only if there is a separate charge or fee. Sets a zero rate for transactions engaged in by certain charitable (section 501(c)(3)) organizations unless the organization imposes a charge or fee for the service. Allows a tax credit for the aggregate tax which has been paid by sellers to the taxpayer of property and services which the taxpayer uses in the business to which the transaction relates. Provides for the treatment of excess credit as an overpayment of tax. Makes the seller liable for the tax. Requires the seller to give the purchaser a tax invoice. Allows a person whose aggregate taxable transactions (except for transactions involving real property or importing) are under $20,000 to elect to be treated as a nontaxable person. Allows a tax credit for low income individuals. Subtitle B: Employer Contribution - Imposes an excise tax on every employer on a percentage of wages paid, specifying a higher percentage for those employers contributing to any employee medical care plan. Imposes a tax on self-employment income. Imposes similar taxes through provisions relating to railroads. Subtitle C: State Medicaid Contribution - Requires each State, as a requirement for receiving its Federal Medicaid payment, to pay to the Health Choice Trust Fund any excess of Medicaid payment to the State that would have been made (if this Act had not been in effect) for basic health services under subtitle A of title II of this Act over the Medicaid payment actually made for such service. Title X: Expansion of Primary Care and Public Health Delivery Capacity in Meeting Health Objectives - Amends the Public Health Service Act to authorize appropriations for programs relating to: (1) vaccinations; (2) the prevention and control of tuberculosis, lead poisoning, or sexually transmitted diseases; (3) migrant and community health centers; (4) health services for the homeless and for residents of public housing; (5) family planning; and (6) early intervention services for individuals with HIV disease. Mandates grants (from Health Choice Trust Funds set aside under title VI of this Act) to plan and develop primary care centers and public health clinics for medically underserved populations, allowing grant funds to be used as under provisions of the Public Health Service Act relating to community health centers. Defines a primary care center to mean a migrant or community health center or an entity qualified to receive a grant under provisions relating to health services for the homeless, health services for residents of public housing, family planning services, or early intervention services for individuals with HIV disease. Defines a public health clinic to mean an entity qualified to receive a grant under provisions relating to vaccinations or the prevention and control of tuberculosis, lead poisoning, or sexually transmitted diseases. Mandates grants (from Health Choice Trust Funds set aside under title VI of this Act) for specialized screening, diagnostic, and treatment services to children under 22 years old. Title XI: Reform of Health Insurance Market - Declares that Medicare provisions relating to the revision of National Association of Insurance Commissioners standards regarding Medicare supplemental policies apply in the case of the changes in Medicare benefits made by title VIII. Requires the Board to promulgate standards relating to health insurance policies offered to supplement the Health Choice program. Prohibits the sale or issue of any nonconforming policy, prescribing civil monetary penalties. Repeals specified provisions of the Internal Revenue Code, the Employee Retirement Income Security Act of 1974, and the Public Health Service Act relating to continuation coverage.

Bill· HRH.R. 5507 (102nd)referred

International Woman and Child Health Act of 1992

United States · United States Congress · 29 June 1992

International Woman and Child Health Act of 1992 - Requires U.S. contributions to international organizations and nongovernmental organizations for programs to immunize people in high-mortality countries for diseases such as measles or polio to be at least $100,000,000 greater in each of FY 1993 through 1995 than the amount of such contributions for FY 1992. Provides additional funding for vitamin A supplementation and fortification programs and iodine and iron supplementation and fortification programs for pregnant women. Directs the Agency for International Development, during FY 1993 through 1995, to ensure that a specified amount in local currencies made available under foreign assistance programs is used to provide training, compensation, and other support for maternal and child health workers in developing countries. Authorizes appropriations. Reduces funding for military assistance programs during such fiscal years in order to provide funding for this Act without increasing the foreign assistance budget.

Bill· HRH.R. 5495 (102nd)referred

National Institutes of Health Revitalization Amendments of 1992

United States · United States Congress · 25 June 1992

National Institutes of Health Revitalization Amendments of 1992 - Title I: General Provisions Regarding title IV of Public Health Service Act - Subtitle A: Research Freedom - Part I: Review of Proposals for Biomedical and Behavioral Research - Amends the Public Health Service Act to prohibit the Secretary of Health and Human Services from approving certain research or financial assistance to conduct research unless specified review has taken place and the review entity has recommended approval. Prohibits the Secretary from withholding, on ethical grounds, funding for research that has received such review approval unless: (1) an ethics advisory board recommends the withholding; or (2) such a board recommends against withholding, but the Secretary finds that the recommendation is arbitrary and capricious. Part II: Research on Transplantation of Fetal Tissue - Permits the Secretary to conduct or support research on the transplantation of human fetal tissue for therapeutic purposes regardless of whether the tissue is obtained from a spontaneous or induced abortion or a stillbirth, in accordance with State and local law. Requires the researcher, if the tissue bank established under a specified executive order is in operation, to obtain the tissue from that bank, unless the bank does not provide requested tissue within a specified time of a request. Requires certain statements by the woman providing the tissue, the researcher, and the donee. Imposes criminal penalties for certain commercial transactions involving the transfer or directed donation of human fetal tissue. Prohibits: (1) any official of the executive branch from imposing a policy prohibiting the Department of Health and Human Services from conducting or supporting any research on the transplantation of human fetal tissue for therapeutic purposes; and (2) the Secretary from withholding funds for research which is in accordance with this Act. Deems a specified report of the Human Fetal Tissue Transplantation Research Panel to be a report issued by an ethics advisory board finding, on a basis that is neither arbitrary nor capricious, that there are no ethical grounds for withholding funds for such research. Part III: Miscellaneous Repeals - Removes certain provisions of the Public Health Service Act relating to: (1) biomedical ethics; (2) a study by the Biomedical Ethics Advisory Committee on waiver of a specified risk standard; and (3) the construction of title IV (National Research Institutes) of the Act. Subtitle B: Clinical Research Equity Regarding Women and Minorities - Part I: Women and Minorities as Subjects in Clinical Research - Requires that women and minorities be included as subjects in each clinical research project under such title IV. Requires projects to be designed and carried out so as to provide for an analysis of whether the variables being tested affect women or minorities differently than other subjects. Requires the establishment of inclusion guidelines. Requires that technical and scientific peer review conducted under existing provisions include an evaluation of the merit of the proposal regarding women and minorities. Part II: Office of Research on Women's Health - Establishes in the National Institutes of Health (NIH) the Office of Research on Women's Health. Requires the Director of the Office to establish: (1) the Coordinating Committee on Research on Women's Health; and (2) the Advisory Committee on Research on Women's Health. Mandates: (1) a determination of the extent to which women are represented among senior physicians and scientists of the national research institutes and among those conducting research supported by the institutes; and (2) as appropriate, activities to increase the extent of such representation. Requires establishment of: (1) a data system, available to the public, for the collection, analysis, and dissemination of information regarding research on women's health conducted or supported by the institutes; and (2) a program to provide information on research and prevention activities of the institutes relating to women's health research. Subtitle C: Scientific Integrity - Replaces provisions relating to protection against scientific fraud with provisions establishing as an independent entity in the Department of Health and Human Services the Office of Scientific Integrity. Requires: (1) applicants for a grant, contract, or cooperative agreement under the Act for biomedical or behavioral research to have an administrative process to review reports of scientific misconduct and agree to report any investigation of such reports; and (2) a response process for the Office. Establishes the Commission on Scientific Integrity. Provides for employee whistle blower protection. Mandates measures for identifying, responding to, and reporting the existence of a financial interest that will or may create a bias in favor of obtaining results, in a project to evaluate the safety or effectiveness of a drug, medical device, or treatment, that are consistent with the interest. Title II: Protection of Health Facilities - Prohibits stealing or otherwise converting personal property or damaging real property of a health facility assisted under the Public Health Service Act, or deterring, through physical restraint, any individual from entering or exiting the facility. Includes in the prohibitions various acts interfering with the use of animals for research. Provides for fines, imprisonment, restitution, and private civil actions. Title III: National Institutes of Health in General - Modifies the duties of the NIH's Associate Director for Prevention. Establishes a program to enhance the competitiveness of research entities in States which have historically had low success in obtaining funds from the national research institutes for biomedical and behavioral research. Mandates activities, consistent with the global Children's Vaccine Initiative, to develop affordable new and improved vaccines. Authorizes appropriations. Requires a plan regarding research methods that do not require the use of animals, reduce the number of animals used, and produce less distress in the animals. Establishes the Interagency Coordinating Committee on the Use of Animals in Research. Repeals similar provisions. Authorizes the Secretary of Health and Human Services to conduct and support research, research training, recruitment, and other activities to increase the number of women and individuals from disadvantaged backgrounds in biomedical and behavioral research. Requires that any survey of human sexual behavior conducted or supported through NIH: (1) undergo review in accordance with specified provisions; and (2) have been determined by the Secretary to assist in reducing the incidence of infectious disease or improve health conditions. Establishes a fund for use by the NIH Director to carry out NIH activities. Authorizes appropriations. Modifies the term of office of members of advisory councils of the national research institutes. Requires that at least half of all new or revised health education and promotion materials developed or funded by NIH be in a form that does not exceed a level of functional literacy. Authorizes a program to provide day care service for NIH employees. Title IV: General Provisions Respecting National Research Institutes - Requires that the Secretary receive from the President and the Office of Management and Budget directly all funds appropriated by the Congress for obligation and expenditure by the Institute. Removes provisions authorizing the Director of the National Cancer Institute to directly receive such funds. Modifies the authority of the directors of the national research institutes to establish and appoint the members of technical and scientific peer review groups in addition to those appointed under specified provisions. Makes the Federal Advisory Committee Act inapplicable to such additional groups. Requires expansion and intensification of programs of research and related activities concerning osteoporosis, Paget's disease, and related bone disorders. Provides for the establishment, through a grant, cooperative agreement, or contract, of a clearinghouse to enhance knowledge and understanding of professionals, patients, and the public. Authorizes appropriations. Establishes: (1) a comprehensive program of conducting basic and clinical research on trauma, including diagnosis, treatment, rehabilitation, and general management of trauma; and (2) the Trauma Research Interagency Coordinating Committee. Title V: National Cancer Institute - Requires expanding, intensifying, and coordinating the activities of the National Cancer Institute (NCI) regarding breast and ovarian cancer, other cancers of the reproductive system of women, and prostate cancer. Requires inclusion of the conduct and support of research and demonstration centers. Authorizes appropriations. Removes provisions authorizing appropriations for NCI and the National Heart, Lung, and Blood Institute (NHLBI). Title VI: National Heart, Lung, and Blood Institute - Requires NHLBI to conduct intramural training and education. Authorizes development of three centers for basic and clinical research into, training in, and demonstration of, advanced diagnosis, prevention, and treatment for cardiovascular diseases in children. Authorizes appropriations for NHLBI. Title VII: National Institute on Diabetes and Digestive and Kidney Diseases - Establishes a program of conducting and supporting research, training, health information dissemination, and other activities regarding nutritional disorders, including obesity. Provides for the development or substantial expansion of centers for research and training. Title VIII: National Institute on Arthritis and Musculoskeletal and Skin Diseases - Removes provisions stating that the purpose of the National Institute on Arthritis and Musculoskeletal and Skin Diseases (NIAMSD) includes sports-related injuries. Requires NIAMSD to place emphasis on arthritis affecting children. Establishes a multipurpose arthritis and musculoskeletal disease center focusing on children. Modifies the composition of the National Arthritis Advisory Board and its annual report requirements. Title IX: National Institute on Aging - Transfers to the Public Health Service Act provisions of the Health Research Extension Act of 1985 authorizing a grant to develop a registry for epidemiological data on Alzheimer's disease and related data collection training. Removes the existing authorization of appropriations. Mandates research into the aging processes of women, with particular emphasis on menopause and into the diagnosis, disorders, and complications related to aging and loss of ovarian hormones. Authorizes appropriations for the National Institute on Aging. Title X: National Institute of Allergy and Infectious Diseases - Includes programs regarding tropical diseases in the purposes of the National Institute of Allergy and Infectious Diseases. Authorizes grants or contracts for centers to conduct basic and clinical research on chronic fatigue syndrome. Establishes an extramural study section for the syndrome. Title XI: National Institute of Child Health and Human Development - Subtitle A: Research Centers with Respect to Contraception and Research Centers with Respect to Infertility - Mandates grants or contracts for three centers to conduct activities to improve methods of contraception and two centers to conduct activities to improve methods of diagnosis and treatment of infertility. Authorizes appropriations. Establishes a program of agreements with health professionals, including graduate students, to conduct research on contraception or infertility in consideration of the Government repaying a limited amount of the educational loans of the professionals. Subtitle B: Program Regarding Obstetrics and Gynecology - Establishes in the National Institute of Child Health and Human Development (NICHHD) an intramural laboratory and clinical research program in obstetrics and gynecology. Subtitle C: Child Health Research Centers - Mandates development of and support for centers for conducting research on child health. Subtitle D: Study Regarding Adolescent Health - Mandates a longitudinal, large-scale study on the general health and well-being of adolescents in the United States. Allocates funding from amounts appropriated to NICHHD. Title XII: National Eye Institute - Authorizes not more than three grants for the establishment and support of centers for clinical research on eye care for individuals with diabetes. Allows grant funds to be used for equipment and for construction and modification of facilities. Title XIII: National Institute of Neurological Disorders and Stroke - Mandates the conduct and support of research on multiple sclerosis. Title XIV: National Institute of Environmental Health Sciences - Establishes the Applied Toxicological Research and Testing Program. Title XV: National Library of Medicine - Subtitle A: General Provisions - Directs the Secretary to promote the use of computers and telecommunications by health professionals. Increases the dollar limit on grants to medical libraries and related instrumentalities. Authorizes appropriations for the National Library of Medicine (NLM). Subtitle B: Financial Assistance - Mandates grants for research on, and development and demonstration of, new educational technologies. Requires recipient institutions to make grant projects available for: (1) training health professions students; and (2) enhancing the capabilities of health professionals regarding research and teaching. Authorizes appropriations to carry out provisions relating to medical libraries and related matters. Subtitle C: National Center for Biotechnology Information - Authorizes appropriations to carry out provisions relating to the National Center for Biotechnology Information. Subtitle D: National Information Center on Health Services Research and Health Care Technology - Establishes in NLM the National Information Center on Health Services Research and Health Care Technology to collect, analyze, and disseminate information on health services research and health care technology. Authorizes appropriations. Requires the Administrator of the existing information center on health care technologies and health care technology assessment and the NLM Director to enter into an agreement on the implementation of these provisions. Title XVI: Other Agencies of National Institutes of Health - Subtitle A: Division of Research Resources - Redesignates the Division of Research Resources as the National Center for Research Resources. Authorizes grants to alter existing or construct new research facilities. Establishes the Scientific and Technical Review Board on Biomedical and Behavioral Research Facilities to advise the Center director and the existing advisory council. Conditions grant approval on Board approval. Authorizes appropriations. Requires the NIH Director to reserve a specified sum from amounts appropriated under this authorization for grants and contracts to construct or improve regional centers for research on primates. Subtitle B: National Center for Nursing Research - Redesignates the National Center for Nursing Research as the National Institute for Nursing Research and adds the Institute to the list of NIH's national research institutes. Subtitle C: National Center for Human Genome Research - Adds the National Center for Human Genome Research to the list of NIH agencies. Declares the purpose of the Center to be to characterize the structure and function of the human genome, including the mapping and sequencing of individual genes. Title XVII: Awards and Training - Subtitle A: National Research Service Awards - Directs the Secretary to carry out provisions relating to National Research Service Awards in a manner that will recruit into biomedical or behavioral research, and provide research training to, women and individuals from disadvantaged backgrounds. Subtitle B: Acquired Immune Deficiency Syndrome - Modifies a program of agreements (under which certain health professionals conduct research regarding acquired immune deficiency syndrome (AIDS) as NIH employees in consideration of Government repayment of educational loans) to remove provisions requiring a minimum of three years as an NIH employee. Authorizes appropriations. Authorizes the Commissioner of Food and Drugs to carry out a similar program regarding the review of applications concerning AIDS. Subtitle C: Loan Repayment for Research Generally - Mandates a program of agreements with health professionals who have a substantial amount of educational loans relative to income and who meet other requirements to conduct research, as NIH employees, in consideration of Government repayment of a limited amount of the educational loans of the professionals. Authorizes appropriations. Subtitle D: Scholarship and Loan Repayment Programs Regarding Professional Skills Needed by Certain Agencies - Authorizes a program of contracts with individuals from disadvantaged backgrounds for scholarships for undergraduate programs for professions needed by NIH in consideration of service by the individuals as NIH employees. Authorizes a program of contracts with health professionals from disadvantaged backgrounds who have a substantial amount of educational loans relative to income to conduct clinical research as NIH employees in consideration of the Government repaying a limited amount of the educational loans of the professionals. Subtitle D: (SIC) Funding - Authorizes appropriations for making payments under National Research Service Awards and under grants for such Awards. Modifies set-aside amounts and requires a set-aside for provisions relating to residency programs in the general practice of dentistry. Title XVIII: National Foundation for Biomedical Research - Excludes from voting rights the ex officio members of the National Foundation for Biomedical Research. Authorizes appropriations. Title XIX: Research with Respect to Acquired Immune Deficiency Syndrome - Modifies the duties of the AIDS Clinical Research Review Committee, including requiring the Committee to: (1) give advice to other agencies of NIH as well as to the National Institute of Allergy and Infectious Diseases (NIAID); and (2) make recommendations on research projects regarding diagnosing immune deficiency and predicting, diagnosing, preventing, and treating opportunistic cancers and infectious diseases. States that the requirement that the clinical evaluation units at the National Cancer Institute and NIAID conduct evaluations of treatments for acquired immune deficiency syndrome (AIDS) includes evaluations of methods of: (1) diagnosing immune deficiency; and (2) predicting, diagnosing, preventing, and treating opportunistic cancers and infectious diseases. Modifies provisions relating to the support of international efforts to add to the purpose of grants, cooperative agreements, and contracts for such efforts provisions promoting and expediting: (1) international training; (2) research and training concerning the natural history and pathogenesis of the human immunodeficiency virus; and (3) the development and evaluation of vaccines and treatments for opportunistic infections. Authorizes appropriations for each fiscal year. Requires that model protocols (developed with grants under existing provisions) for the clinical care of individuals infected with the etiologic agent for AIDS include treatment and prevention of human immunodeficiency virus (HIV) infection and related conditions among women. Authorizes appropriations. Adds collection of data on the natural history of infection with the etiologic agent to the purposes of the epidemiological data base mandated by current provisions. Authorizes appropriations for each fiscal year. Requires the Director of NIH to develop and implement a comprehensive plan for the conduct and support of AIDS research by NIH agencies. Authorizes appropriations for each fiscal year for fellowship and training programs relating to AIDS under existing provisions. Title XX: Certain Authorities of Centers for Disease Control - Authorizes grants to States and local health departments for programs for specified activities relating to prostate cancer, including screening, public information, and improving professional training. Authorizes appropriations. Authorizes: (1) grants or contracts for population-based, statewide cancer registries; (2) grants for developing plans that meet the requirements of specified provisions; and (3) technical assistance to States, either directly or through grants and contracts. Mandates a study on the factors contributing to elevated breast cancer mortality rates in specified States. Authorizes appropriations. Requires a survey to determine which entities collect data on traumatic brain injuries and the nature of their data collection systems. Authorizes cooperation and assistance to establish traumatic brain injury as a specific reportable condition or disability. Authorizes appropriations. Title XXI: Studies - Mandates studies on: (1) the impact, with regard to acquired immune deficiency syndrome (AIDS), of parallel-track drug-release mechanisms on clinical research and on the activities of the Commissioner of Food and Drugs regarding drug approval; (2) third-party payor policies regarding payment of costs incident to the participation of individuals as subjects in AIDS drug clinical trials; and (3) whether AIDS advisory committees in NIH are being sufficiently coordinated. Requires a plan for the inclusion of HIV-infected women, infants, and children in HIV vaccine studies conducted by or through NIH. Authorizes appropriations. Mandates an annual report on the leading causes of death in the United States and related spending by the Department of Health and Human Services for research, prevention, and education. Requires three-year studies on: (1) nutrition screening and intervention regarding the elderly; and (2) the extent of malnutrition in hospitals, in long-term care facilities, and among those living independently. Establishes an advisory panel to oversee the studies. Mandates a report on the feasibility of developing a plan for the conduct of research at NIH on the prevention of traumatic injuries. Directs the Secretary to: (1) review existing data and research concerning whether there is a relationship between legal and illegal drug use; and (2) if necessary, conduct additional research. Mandates reports on: (1) research conducted or supported by NIH on chronic fatigue syndrome; (2) the appropriateness and impact of NIH assuming responsibility for the conduct of all Federal research, development, testing, and evaluation relating to medical countermeasures against biowarfare threat agents. Requires a study on the potential for, the prevalence of, and the issues related to the contamination of worker's homes with substances from their work places. Requires: (1) establishment of the Worker's Family Protection Task Force to take specified actions, including developing an investigative strategy for obtaining any needed additional data; and (2) each Federal department or agency to fulfill the role assigned by the strategy. Authorizes appropriations. Mandates studies: (1) of the retention, recruitment, vacancy and turnover rates of NIH support staff, including fire fighters, law enforcement, procurement officers, technicians, nurses, and clerical employees; and (2) to develop a streamlined procurement system for NIH. Title XXII: Miscellaneous Provisions - Redesignates the Senior Biomedical Research Service as the Silvio Conte Senior Biomedical Research Service and increases the limit on the number of its members. Renames the AIDS Clinical Research Review Committee as the AIDS Research Advisory Committee. Prohibits the Secretary from conducting or supporting the SHARP survey of adult sexual behavior. Requires that a report on carcinogens be submitted biennially (currently, annually). Mandates a report analyzing the report of the National Committee on Sleep Disorders Research and presenting a plan for the conduct and support of sleep disorders research at NIH. Mandates presentation to the Congress of a master plan to provide for the replacement or refurbishment of less than adequate buildings, utility equipment and distribution systems, roads, walkways, parking areas, and grounds of NIH laboratory and clinical facilities. Allows the plan to make recommendations for the undertaking of new projects consistent with the objectives of these provisions. Title XXIII: Effective Date - Sets forth the effective date of this Act.

Bill· HRH.R. 5476 (102nd)referred

World University Games Commemorative Coin Act

United States · United States Congress · 24 June 1992

World University Games Commemorative Coin Act - Authorizes the minting and issuance of five dollar gold coins and one dollar silver coins (at no net cost to the Government) to commemorate American participation in the World University Games. Requires that all surcharges from the sale of such coins be paid to the Greater Buffalo Athletic Corporation to support amateur athletic programs, erect facilities for the use of such athletes, and to underwrite the cost of sponsoring the World University Games.

Bill· HRH.R. 5451 (102nd)referred

Nursing Facility Assistance Act of 1992

United States · United States Congress · 22 June 1992

Nursing Facility Assistance Act of 1992 - Amends titles XVIII (Medicare) and XIX (Medicaid) of the Social Security Act to revise standards for decertification of nurse aide training and competency evaluation programs (programs) operated by nursing facilities. Repeals requirements under Medicaid for preadmission screening and annual resident review by such facilties. Repeals requirements under Medicare and Medicaid respecting: (1) annual external reviews of the use of psychopharmacologic drugs; and (2) repayments to the Federal Government of payments continued pending remediation if corrective action is not taken. Provides for an increase in the minimum amount required under Medicare and Medicaid for the separate deposit of nursing facility residents' personal funds. Provides for reimbursement under Medicaid for amounts spent for programs which are attributable to activities relating to individuals who are not enrolled under a State Medicaid plan. Makes this Act effective as if included in the enactment of the Omnibus Reconciliation Act of 1987.

Bill· HRH.R. 5434 (102nd)open

Iran-Iraq Arms Non-Proliferation Act of 1992

United States · United States Congress · 18 June 1992

Iran-Iraq Arms Non-Proliferation Act of 1992 - Declares that it is U.S. policy to oppose any transfer of goods or technology to Iraq or Iran whenever there is reason to believe that such transfer could contribute to that country's acquisition of chemical, biological, nuclear, or advanced conventional weapons. Provides that specified sanctions against Iraq under the Iraq Sanctions Act of 1990 shall apply to Iran in the same manner. Prohibits, for a period of two years, U.S. procurement of goods from, and approval of export licenses for, any person who transfers goods or technology so as to materially contribute to efforts by Iran or Iraq to acquire weapons described by this Act. Applies sanctions to successor entities and to parents, subsidiaries, or affiliates controlled by the sanctioned person if they assisted in the prohibited transfer. Authorizes the President, for any period of time, to prohibit the importation of articles from such persons. Imposes the following mandatory sanctions (for one year) on foreign countries that transfer goods or technology (including goods or technology knowingly transferred from the country's territory) so as to materially contribute to such efforts by Iran or Iraq: (1) suspension of U.S. assistance; (2) opposition to the extension of financial or technical assistance by international financial institutions; (3) suspension of U.S. obligations under any memorandum of understanding for the codevelopment or coproduction of items on the U.S. Munitions List; and (4) suspension of U.S. obligations under technical exchange agreements and a prohibition on the export of technology or items on the U.S. Munitions List to such countries. Makes sanctions concerning international financial institution assistance and technical exchange agreements inapplicable with respect to transfers relating to the acquisition of advanced military aircraft or submarines. Authorizes the President to impose the following discretionary sanctions with respect to such countries: (1) suspension of most-favored-nation status; and (2) exercise of authorities under the International Emergency Economic Powers Act. Waives any mandatory sanction under this Act if the President reports to the Congress that a sanction would jeopardize national security interests.

Bill· HRH.R. 5435 (102nd)referred

Puerto Rico Medicaid Improvement Act of 1992

United States · United States Congress · 18 June 1992

Puerto Rico Medicaid Improvement Act of 1992 - Amends title XI of the Social Security Act (SSA) to raise the limit on Federal matching funds available for the Medicaid program (SSA title XIX) in Puerto Rico. Amends SSA title XV (Medicare), the Omnibus Budget Reconciliation Act of 1986, and the Omnibus Budget Reconciliation Act of 1989 to make changes with respect to the furnishing of and payment for parenteral and enteral nutrition equipment and related supplies furnished to Medicare beneficiaries.

Bill· HRH.R. 5424 (102nd)open

To establish a Commission on Environment and Development.

United States · United States Congress · 17 June 1992

Establishes the Commission on Environment and Development. Requires the Commission to: (1) monitor the actions of the signatories to documents of the United Nations Conference on Environment and Development (UNCED) that reflect compliance with or violations of the goals of the Articles of Agenda 21 of UNCED, the Statement of Principles on the Maintenance, Conservation, and Development of All Forests, the United Nations Framework Convention on Climate Change, and the Convention on Biological Diversity; and (2) monitor and encourage the development of U.S. Government and private programs with a view toward advancing the objectives of UNCED. Authorizes appropriations.

Bill· HRH.R. 5405 (102nd)referred

Foreign Aid Reform Act of 1992

United States · United States Congress · 16 June 1992

Foreign Aid Reform Act of 1992 - Amends the Foreign Assistance Act of 1961 to declare that economic support assistance should be provided principally through commodity import programs, project assistance, sector programs, or the provision of U.S. goods and services. Permits such assistance to be provided to a foreign government as a cash transfer only pursuant to an agreement requiring the recipient government to spend the cash transfer to purchase U.S. goods and services to the extent that the recipient government purchases goods and services not produced in that country. Exempts from this Act any recipient government that: (1) receives less than $25,000,000 cash transfer assistance for a fiscal year; or (2) as of April 1, 1989, was receiving such assistance and has an agreement with the United States under which it agrees to spend an amount equal to the amount of the cash transfer on U.S. goods and services, to carry 50 percent of all bulk shipments of U.S. grain on privately-owned U.S.-flag commercial vessels, to purchase U.S. grain at levels comparable to those purchased in prior years, and to comply with such requirements in any fiscal year in which it receives such assistance. Authorizes the President to waive the requirements of this Act if it is in the national interest to do so.

Bill· HJRESH.J.Res. 508 (102nd)open

Designating August 1, 1992, as "Helsinki Human Rights Day".

United States · United States Congress · 16 June 1992

Designates August 1, 1992, as Helsinki Human Rights Day. Authorizes and requests the President to: (1) reassert American commitment to the Helsinki Accords; (2) raise the issue of noncompliance with such Accords with any signatory nation which may be in violation; (3) convey to all signatories of such Accords that respect for human rights and fundamental freedoms is vital to progress in the ongoing Helsinki process; and (4) develop new proposals to advance the human rights objectives of the Helsinki process.

Bill· HRH.R. 5389 (102nd)open

National Biological Resources Research and Development Act

United States · United States Congress · 11 June 1992

National Biological Resources Research and Development Act - Establishes within the Smithsonian Institution a National Center for Biological Resources (Research and Development) to facilitate the collection, synthesis, and dissemination of information relating to the sustainable use, research, development, and conservation of biological resources. Authorizes appropriations.

Bill· HRH.R. 5360 (102nd)open

International Refugee Protection Act of 1992

United States · United States Congress · 10 June 1992

International Refugee Protection Act of 1992 - States that: (1) the Congress affirms that U.S. obligations under certain international refugee agreements have applied to U.S. actions with respect to persons outside U.S. territorial boundaries; and (2) the United States shall refrain from the involuntary return of refugees to their home country from boundaries outside the United States or from the territorial waters of such home country, with specified exceptions.

Bill· HRH.R. 5318 (102nd)open

United States-China Act of 1992

United States · United States Congress · 3 June 1992

United States - China Act of 1992 - Prohibits the President from recommending for a 12-month period in 1993 continuation of a waiver of human rights and emigration requirements for nondiscriminatory treatment (most-favored-nation treatment) for China under the Trade Act of 1974 unless a specified report is submitted to the Congress stating that China has accounted for and released prisoners who dissented in Tiananmen Square and in other parts of China on June 3 and 4, 1989, and made progress in: (1) preventing gross violations of internationally recognized human rights, including workers' rights, in China and Tibet; (2) preventing exports of products made by prison labor, and allowing U.S. officials and international organizations to inspect such places of detention; (3) terminating religious persecution in China and Tibet and releasing religious leaders incarcerated as a result of the expression of their religious beliefs; (4) removing restrictions in China and Tibet on freedom of the press and on broadcasts by the Voice of America; (5) terminating harassment of Chinese citizens in the United States (including refusal to return or renew passports as retribution for prodemocracy activities); (6) ensuring access to prisoners of international human rights monitoring groups; (7) ensuring freedom from torture and in humane prison conditions; (8) terminating prohibitions on peaceful assembly imposed after June 3, 1989; (9) committing to engage in high-level discussions on human rights issues; (10) adhering to the Joint Declaration on Hong Kong; (11) providing adequate protection of U.S. patents, copyrights, and other intellectual property rights, and implementing the Memorandum of Understanding Between the Government of the People's Republic of China and the Government of the United States of America on the Protection of Intellectual Property; (12) providing U.S. exporters access to Chinese markets, including lowering tariffs, removing nontariff barriers, and increasing the purchase of U.S. goods and services; (13) ceasing unfair trade practices which burden or restrict U.S. Commerce; (14) adopting a national policy which adheres to the Missile Technology Control Regime and the controls of the Nuclear Suppliers Group and the Australia Group on chemical and biological arms proliferation; and (15) assuring that it is not assisting any nonnuclear weapons state in acquiring nuclear explosive devices. Requires the President, if he recommends such extension, to include in a specified document submitted to the Congress a report on China's progress in meeting the above-mentioned objectives. Requires such report also to include, but not be limited to, progress made by China and Tibet with regard to specified human rights. Grants nondiscriminatory treatment to products of nonstate-owned enterprises in China.

Bill· HRH.R. 5289 (102nd)referred

Every Fifth Child Appropriations Act

United States · United States Congress · 28 May 1992

Every Fifth Child Appropriations Act - Appropriates funds to carry out the special supplemental food program for women, infants, and children (WIC program) authorized in specified provisions of the Child Nutrition Act of 1966. Declares that, in order to achieve full funding for the program, there should be specified amounts appropriated in certain fiscal years. Appropriates funds to carry out the Head Start programs authorized in specified provisions of the Head Start Act. Declares that, in order to achieve full funding for the programs, there should be specified amounts appropriated in certain fiscal years. Appropriates funds to carry out the Job Corps program authorized in specified provisions of the Job Training Partnership Act. Declares that, in order to establish a minimum number of additional centers, serve a minimum additional number of youths, and achieve full funding for the program, there should be specified amounts appropriated in certain fiscal years.