United States · United States Congress · 5 October 1992
National Organ Donor and Awareness Campaign Act of 1992 - Mandates a national campaign to increase public awareness of organ transplantation, including development of a national clearinghouse. Requires research on the process by which individuals listed in the Organ Procurement and Transplantation Network are selected and other matters relating to public education and promotion regarding organ donation. Amends the Public Health Service Act (PHSA) to establish a Network advisory committee. Increases the Network's annual funding cap. Modifies Network functions and its board of director's composition. Amends block grant provisions of the PHSA to mandate payments to health care facilities for the dispensing of immunosuppressive drugs to eligible transplant recipients. Authorizes appropriations. Amends title XVIII (Medicare) of the Social Security Act to remove the one-year limitation on coverage of immunosuppressive drugs. Amends the PHSA to require, in making grants and contracts to increase the number of organ donors, inclusion of projects encouraging procurement from minority communities (including cultural, racial, and language minorities) and from other communities with below average donation rates. Authorizes appropriations.
United States · United States Congress · 5 October 1992
Mature and Older Workers Act of 1992 - Amends the Job Training Partnership Act (JTPA) to authorize appropriations for programs under title II (Training Services for the Disadvantaged) and title IV (Federally Administered Programs). Defines a mature or older worker as one who is 40 years of age or older. Defines a younger worker as one who is age 22 through 39. Requires that private industry councils and State councils each include at least one representative of an agency or organization that by its organizational mission represents the interests of mature or older workers. Requires award of incentive grants to service delivery areas conducting Younger Workers programs and Youth Opportunity programs which exceed certain performance standards. Directs the Secretary of Labor (the Secretary) to include in the annual report to the Congress an analysis, for each State and on a nationwide basis, of the number of participants served under JTPA (and the type of services they received) who are in various age groups. Revises and renames title II part A as the Younger Workers Program (currently Adult and Youth Programs). Sets forth allotment and allocation requirements. Defines an economically disadvantaged younger worker. Sets forth requirements for individual eligibility, program design, authorized services, linkages to other Federal and other appropriate programs, and transfer of funds to other title II programs. Directs the Comptroller General to study and report on the number and percentage of assisted younger workers that remain employed for at least nine months after receiving such assistance. Revises and renames title II part B as the Mature or Older Workers Program. Sets forth allotment allocation (as well as recapture and reallotment) requirements. Defines an economically disadvantaged mature or older worker. Sets forth requirements for individual eligibility, program design, authorized services, job training plans, linkages to other Federal and other approprate programs, and transfer of funds to other title II programs. Directs the Comptroller General to study and report on the number and percentage of assisted adults who remain employed for at least nine months after receiving such assistance. Revises title II part C (currently part B) Summer Youth Employment and Training Programs, for economically disadvantaged youth. Adds enhancement of the citizenship skills of youth to the purposes of such programs. Provides for allotment and allocation, authorized uses of funds, limitations, comparable functions of agencies and officials, and program goals and objectives. Establishes a new part D, the Youth Opportunity Program, under title II of JTPA, for economically disadvantaged youth aged 16 through 21. Requires that least 50 percent of the participants in such program in each service delivery area be out-of-school youth. Requires that at least 70 percent of both the in-school and out-of-school participants be from specified targeted groups. Allows in-school participants to be age 14 through 21, if this is provided in the job training plan. Makes in-school youth also eligible if they participate in a compensatory education program under chapter 1 of title I of the Elementary and Secondary Education Act of 1965 (even if they do not qualify as economically disadvantaged). Allows up to ten percent of program participants to be individuals who do not meet the economically disadvantaged (or compensatory education) eligibility requirement, but who face serious barriers to employment. Allows all students to participate in schoolwide projects for certain low-income schools. Requires Youth Opportunity programs to be operated on a year-round basis. Sets forth requirements for program design, authorized services, linkages with educational programs and with other Federal and other appropriate education and training programs, and transfer of funds to other title II programs.
United States · United States Congress · 5 October 1992
Civilian Ex-Prisoner of War Health and Disability Benefits Act of 1992 - Entitles a former civilian prisoner of war (POW) to receive necessary medical care and disability benefits for any injury or disability resulting from the period of internment or hiding. Requires any presumptive medical and dental condition related to a period of internment provided for former military POWs to be extended to former civilian POWs and requires that it be considered to have been incurred in or aggravated by the period of internment or hiding regardless of the absence of any record of the injury. Establishes an advisory committee to be known as the Former Civilian Prisoner of War Committee.
United States · United States Congress · 5 October 1992
Supportive Services in Housing Act of 1992 - Title I: General Improvements to Programs Providing Housing for the Elderly - Amends the Department of Housing and Urban Development Act to establish in the Department of Housing and Urban Development (HUD) an office of Assistant Secretary for Supportive Housing to administer HUD supportive housing programs for the elderly and persons with disabilities. Requires the Secretary (Secretary) of HUD to: (1) review each HUD multifamily housing project for the elderly at least once every four years; and (2) review annually the adequacy of such projects' funding levels and geographic targeting of resources. Directs the Secretary to enter into agreements with local housing agencies to provide one-stop housing assistance application centers for elderly and disabled persons. Title II: Section 202 Supportive Housing for the Elderly - Directs the Secretary to carry out a mixed-income demonstration project of housing for the elderly, including the provision of supportive services. Funds such project from assistance available under section 202 of the Housing Act of 1959. Requires: (1) the selection of at least ten project applicants; and (2) annual program reports to the Congress. Title III: Revised Congregate Housing Services - Amends the Cranston-Gonzalez National Affordable Housing Act to redefine "frail elderly" for purposes of congregate housing services to mean an elderly person with any functional disability which may impair the person's ability to live independently. Gives assistance priority to persons with the greatest economic need and the greatest risk of being institutionalized. Title IV: Service Coordinators in Federally Assisted Housing - Amends the Cranston-Gonzalez National Affordable Housing Act to require congregate housing service coordinators to receive training in the aging process and related concerns. Amends the United States Housing Act of 1937 to provide service coordinators for section 8 projects serving elderly persons. Authorizes the Secretary to make grants to provide service coordinators for frail elderly persons in certain multifamily housing. Authorizes appropriations. Amends the Housing Act of 1949 to authorize rural rental housing grants to provide service coordinators for frail persons. Authorizes appropriations. Makes related service coordinator revisions to the Housing Act of 1959 (section 202) and the United States Housing Act of 1937 (public housing). Title V: Mortgage Insurance for Assissted Living Facilities - Amends the National Housing Act to make assisted living facilities (as defined by this Act) for frail elderly persons eligible for mortgage insurance.
United States · United States Congress · 2 October 1992
Amends the Public Health Service Act to authorize grants or contracts to operate population-based, statewide cancer registries in order to collect certain data for each form of in-situ and invasive cancer except basal cell and squamous cell carcinoma of the skin. Authorizes grants for planning the registries. Authorizes the Secretary of Health and Human Services, directly or through grants and contracts, or both, to provide technical assistance to the States in the establishment and operation of statewide registries. Mandates a study on factors contributing to elevated rates of breast cancer mortality in Connecticut, Delaware, Maryland, Massachusetts, New Hampshire, New Jersey, New York, Rhode Island, Vermont, and the District of Columbia. Authorizes appropriations.
United States · United States Congress · 29 September 1992
Authorizes the United States to participate in the Cascadia Corridor Commission to be established as a bilateral advisory commission in coordination with the Canadian Government and State, provincial, and local governments in the Cascadia region along Interstate 5/Highway 99 from Vancouver, British Columbia, to Eugene, Oregon. Authorizes the Commission to: (1) establish a forum to coordinate consideration of regional issues in the Cascadia region; and (2) develop a strategy for environmentally sound economic development in such region and submit such plan to the Congress, the Canadian Parliament, the legislature of British Columbia, and the State legislatures of Oregon and Washington. Requires the strategy to consider environmental management, urban development, transportation, communications, and education. Authorizes appropriations.
United States · United States Congress · 28 September 1992
Declares that the President should promptly seek the advice and consent of the Senate to ratification of the Convention on the Rights of the Child, adopted by the United Nations General Assembly with the support of the United States on November 20, 1989.
United States · United States Congress · 17 September 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.
United States · United States Congress · 12 August 1992
Private Pension Reform Act - Retirement 2000 - Title I: Portable Pension Accounts - Amends the Employee Retirement Income Security Act of 1974 (ERISA) to establish portability requirements for qualified pension plans. Requires qualified plans to: (1) maintain portable pension accounts to receive transfers from other such plans or accounts; and (2) make transfers of an employee's eligible amounts to another portable pension account, at the election of the employee upon separation from service. Allows individuals to establish portable pension accounts on their own behalf for receiving and making transfers to other such accounts of their own or of qualified plans. Sets forth standards for portable pension accounts, including distribution requirements for permitted retirement income forms, participant's consent, spousal consent, asset control, and notice. Defines eligible amount with respect to any participant, for defined benefit plans and for defined contribution plans, to include employee contributions. Sets forth a formula for determining the present value of accrued benefits of a participant. Directs the Secretary of Labor to prescribe by regulations one or more prototype portable pension accounts which would, upon adoption by any plan sponsor, constitute a portable pension account meeting such portability requirements. Requires that a plan sponsor of a portable pension account be at least one of the following: (1) an employer adopting such an account; (2) an employee association or organization sponsoring such an account on behalf of its members; (3) a registered investment advisor; (4) a bank; (5) an insurance company qualified to do so, but only if participants are fully covered under a State guaranty fund; or (6) a savings and loan association empowered by law to do so. Title II: Minimum Benefit Pension System- Amends ERISA to establish a minimum benefit pension system. Requires employers to establish and maintain minimum benefit pension plans which cover all employees who have completed one year of service (of at least 500 hours of service per employee). Establishes standards for minimum benefit pension plans. Requires employers who offer defined contribution plans to contribute to the minimum benefit not less than three percent (the applicable percentage) of the employee's compensation in the plan year. Requires that, in the case of a defined benefit plan, the minimum benefit be the greater of: (1) the present value of the participant's accrued benefit; or (2) the amount such benefit would have been if the employer had made the minimum three-percent-of-compensation contribution. Sets forth a special rule for contribution and benefit for part-time employees. Requires that each participant have a nonforfeitable (or vested) right to such minimum accrued benefits. Prohibits integrating (i.e. reducing or offsetting) the minimum benefit with any other benefits under pension plans maintained by the employer or with the participant's benefits under the Social Security Act. Directs the Secretary of Labor to appoint a National Retirement Board consisting of one representative of employers, one representative of employees, and one expert in the field of pension benefits. Authorizes the Board to make recommendations to increase the applicable percentage (three percent) if this is necessary to provide an adequate retirement income for plan participants. Makes such recommendations effective for plan years beginning after the recommendation or the date specified there, whichever is later, until a subsequent recommendation takes effect. Provides for a phase-in with lower applicable percentages for the first two plan years. Sets forth special rules for aggregation, transition (with an exception for large employees), and maintenance of effort. Imposes a civil penalty on the failure of an employer to maintain a minimum benefit pension plan with respect to any employee. Makes such penalty inapplicable if such failure was due to reasonable cause and not to willful neglect, and is corrected within 30 days. Make such minimum benefit plan requirements applicable to plan years beginning two years or more after the enactment of this Act. Directs the Secretaries of Labor and of the Treasury to issue regulations.
United States · United States Congress · 12 August 1992
State Care Act of 1992 - Amends the Social Security Act (SSA) to add a new title XXI, State Comprehensive Health Coverage And Cost Containment Demonstration Projects, establishing a program under which the State-Based Comprehensive Health Care Commission (established below) is required to select States to participate in health coverage and cost containment demonstration projects (State Care projects). Establishes the State-Based Comprehensive Health Care Commission (the Commission) to review, approve, and oversee State Care projects. Authorizes appropriations. Requires States desiring grants to develop State Care projects to establish a State Health Care Authority through which to develop such projects. Exempts from this requirement States that have enacted comprehensive health care plans (State Care plans) within 12 months of enactment of this Act. Establishes Federal standards for approval of applications for grants for demonstrations in up to ten States. Specifies State Care plan requirements, including those for standard and basic benefit packages, cost-control mechanisms, and quality control procedures. Details the various items and services which constitute each respective package. Sets limits on the amount, scope, and duration of certain benefits under the standard package. Details cost-sharing under the respective packages, and provides for limits on out-of-pocket package expenses. Authorizes the Commission to award grants to States receiving approval of a State Care project grant application for: (1) establishment of a data base infrastructure necessary to measure and evaluate State Care plan success in achieving cost containment and access goals; and (2) consolidation of health care budgeting, regulating, financing, and delivery responsibilities of the State. Authorizes appropriations. Prohibits payments under Medicaid (SSA title XIX) for State Care project services if payment for them may be made under the State Care plan. Directs the Secretary of Health and Human Services to pay to each State participating in a State Care project an amount equal to the amount of any payments that, as a result of such prohibition, were not made under Medicaid because payment was made under the State Care plan. Sets forth provisions governing the application of Medicare (SSA title XVIII) and ERISA (Employee Retirement Income Security Act of 1974) with respect to any approved State Care project. Requires periodic reports by the Commission to the Congress on the reforms undertaken in States participating in State Care projects, along with recommendations for increased Federal funding for reform initiatives and project grants. Requires additional Commission reports on continued financing of State Care plans and, if no national comprehensive health care system has been established, on establishing such a system that utilizes the experiences of State Care projects.
United States · United States Congress · 12 August 1992
Ethics in Referrals and Billing Act of 1992 - Amends the Public Health Service Act to create a new title on physician referral and billing. Prohibits, subject to exceptions, referrals and related billing by physicians involving an entity in which the physician (or an immediate family member) has a financial relationship. Requires each entity providing health-related items or services to disclose certain information concerning the entity's ownership. Declares that no individual, entity, or third party payor shall be required to pay for items or services in connection with a prohibited referral. Makes any person collecting such payments liable to the payor. Requires insurance payors to report violation patterns. Provides for civil fines for persons repeatedly presenting bills, physicians repeatedly making referrals, and persons acting in concert in violation. Allows for violations: (1) suspension, revocation, or limitation of laboratory certificates; and (2) exclusion from any program under title XVIII (Medicare) of the Social Security Act. Makes it unlawful, subject to exception, for any: (1) person who furnishes ancillary health services to present a bill to any person other than the patient receiving the services; or (2) physician to present a bill to any ancillary service recipient unless the services where furnished personally or under the supervision of the referring physician or a member of that physician's group practice or by individuals employed by that physician or group practice. Makes any person collecting payments for such services liable to the payor. Provides for civil fines for persons repeatedly presenting bills in violation. Allows, for violations: (1) suspension, revocation, or limitation of laboratory certificates; and (2) exclusion from any pogram under Medicare.
United States · United States Congress · 5 August 1992
Ready to Learn Act - Amends the General Education Provisions Act (GEPA) to establish Ready to Learn Television programs to: (1) expand availability of educational and instructional video programming and supporting educational resources for preschool and elementary school children as a tool to improve school readiness; and (2) develop and distribute such programming and support materials for parents, child care providers, and educators of young children. Authorizes the Secretary of Education to implement such programs. Directs the Secretary, in administering them, to: (1) set priorities regarding educational needs of preschool and elementary school children; (2) award grants for development and dissemination of such educational and instructional programming and of training materials; (3) establish a Special Projects of National Significance program of grants to develop programming and to support materials to address learning needs of young children in English-limited households, and to increase literacy skills among parents to assist them in teaching their children; (4) establish within the Department of Education a clearinghouse for information, referrals, and model program materials; (5) coordinate activities with the Secretary of Health and Human Services to make such programming and training materials available to other federally funded programs serving preschool and elementary school children; (6) consult with the Secretary of Commerce regarding what the educational and information needs of preschool and elementary school children are for purposes of implementing specified requirements of the Children's Television Act of 1990; and (7) coordinate activities funded under this Act with those of the National Endowment for Children's Educational Television established under the Communications Act of 1934. Sets forth requirements relating to awards of such grants for developing and distributing programming and training materials. Requires annual reports to the Secretary by grantees for programming and support materials development and distribution and biannual reports by the Secretary to relevant congressional committees on information and outreach for training parents and personnel. Authorizes the Secretary to contract with a public broadcasting entity to distribute educational video programming for preschool and elementary school children, parents, and child care providers, on at least one channel under a specified satellite interconnection. Designates such channel the Ready to Learn Channel. Authorizes appropriations for Ready to Learn Television programs. Requires at least 60 percent of such funds to be used for grants to develop and distribute educational programming for children. Amends the Head Start Act (the Act) to revise various provisions for the Head Start program (the program). Extends for one additional year the formula for distribution of certain quality improvement funds allocated by the Secretary of Health and Human Services (HHS), thus extending local determination of the use of such funds over that period. Requires early childhood intervention programs under the program to include parental literacy training among the services they provide for parents. Establishes guidelines which the Secretary of HHS must consider in determining whether a local Head Start agency may receive a waiver or reduction of required non-Federal matching funds. Includes consideration of community lack of resources, whether the community is adversely affected by a major disaster, impacts of program costs in initial years or unanticipated increases in operating costs, and impact on the community if the program were forced to close there. Directs the Secretary of HHS to issue transportation safety regulations for all Head Start programs. Directs the Secretary of HHS to review each newly designated Head Start agency immediately after completion of its first year and to conduct followup reviews of Head Start agencies when appropriate. Revises provisions for designation of Head Start agencies to include consideration of the applicant agency's effectiveness based on: (1) its plan to provide, directly or through referral, child development and literacy skills training to parents of participating children; and (2) its plan (if it chooses to do so) for assisting younger siblings of participants to obtain health services from other sources. Requires Head Start agencies to provide, directly or through referral, child development and literacy skills training to parents of participating children. Requires such agencies to consider providing services to assist younger siblings of participants to obtain health services from other sources. Directs the Secretary of HHS to establish uniform procedures for Head Start agencies to request approval to purchase facilities to be used to carry out Head Start programs. Requires such request applications to include: (1) facility site description; (2) facility plans and specifications; (3) information demonstrating either that the purchase will result in a cost savings (compared to an alternative facility) or that there are no alternative facilities available; and (4) additional information and assurances that the Secretary of HHS requires. Makes certain technical amendments to the Act and to the Omnibus Budget Reconciliation Act of 1990 and the Child Care and Development Block Grant Act of 1990. Revises requirements for technical assistance, training, and staff qualifications. Provides for use of Head Start program funds to support an organization to administer a centralized child development and national assessment program leading to recognized credentials for personnel working in early child development and child care programs. (Current law allows administration of such program at the State or local level and limits such credentials to specialized or other personnel needed in connection with Head Start programs.) Directs the Secretary of HHS to: (1) develop a systematic approach to training Head Start personnel, including specific goals and objectives for program improvement and professional development, a process for continuing input from the Head Start community, and a strategy for delivering training and technical assistance; and (2) report on such approach to specified congressional committees. Authorizes the Secretary of HHS to provide (either directly or through grants) training for Head Start personnel in the use of the performing and visual arts and interactive programs using electronic media to enhance the learning experience of Head Start children.
United States · United States Congress · 5 August 1992
Congratulates the citizens of Israel on concluding fair and open democratic elections. Welcomes Prime Minister Rabin to the United States. Applauds his statements and actions encouraging active participation in the search for peace. Calls upon all parties in the region to actively and seriously engage in the peace process.
United States · United States Congress · 30 July 1992
Declares that it is U.S. policy to seek international agreements prohibiting the sale, transfer, or export; limiting the use; and terminating the production, possession, or deployment of antipersonnel landmines. Expresses the sense of the Congress that the President should seek to negotiate an international agreement or a modification of the Convention on Prohibitions or Restrictions on the Use of Certain Conventional Weapons Which May Be Deemed to Be Excessively Injurious or To Have Indiscriminate Effects to prohibit the sale, transfer, or export of antipersonnel landmines. Prohibits for a period of one year from this Act's enactment date: (1) sales, financing, transfers, and the issuance of licenses under the Arms Export Control with respect to antipersonnel landmines; and (2) assistance under the Foreign Assistance Act of 1961 with respect to the provision of such landmines.
United States · United States Congress · 28 July 1992
Comprehensive Services for Youth Act of 1992 - Title I: School-Based or School-Linked Health and Social Services Center Grants - Authorizes the Secretary of Health and Human Services (HHS) (the Secretary), acting through the Administrator of the Health Resources and Services Administration (the Administrator), to award grants to eligible local community partnerships to coordinate and deliver comprehensive education, health, and social services to children or youth in school-based, school-linked, or community-based locations. Requires each such partnership to include: (1) a local health care provider with experience in delivering services to adolescents; (2) one or more local public schools; and (3) at least one community-based organization with a history of providing services to at-risk youth in the particular community. Requires broad-based community participation, through an expanded partnership or an advisory board, involving parents and youth to be served, teachers and other public shool and school board personnel, community-based organizations (particularly those serving minority youth), youth development and service organizations and interested business leaders. Requires targeting of the partnership's location and service to a community in which youth are exposed to a high risk environment. Describes high risk environment as having high rates of: (1) children in poverty or lacking access to health care; (2) dropouts and students retained in grade; (3) alcohol or drug abuse; (4) sexually transmitted diseases (including HIV); (5) teen pregnancy; (6) suicide; (7) community or gang violence; (8) youth unemployment; or (9) juvenile justice involvement. Requires partnership use of grant funds for coordination and delivery of specified core services at a school-based, school-linked, or community-based location or locations accessible to and used by at-risk children, youth, and their families. Sets forth such core services under the categories of: (1) comprehensive health, mental health, and social services; and (2) youth development and life planning services. Requires coordination among core services. Allows use of grant funds for coordination or co-location of core services with additional services identified in the comprehensive plan to enhance support available through the partnership service delivery network. Gives priority to grant applicants whose comprehensive services plan demonstrates: (1) continuity of access to core services on a year-round basis or beyond traditional school or service hours, either on site or through a backup referral system of community-based providers; and (2) the offer of services beyond the in-school population, including core services to out-of-school youth, to the extent practicable. Provides for an initial three-year grant period, and authorizes two-year extensions upon demonstration of substantial progress in integration of comprehensive services and improvement in health and education outcomes of the populations served. Sets forth application and plan requirements. Requires equitable geographic distribution of grants to both urban and rural communities. Sets minimum and maximum grant amounts. Sets forth provisions for Federal share, non-Federal share, and waivers of the latter. Requires grantees to use ten percent of such assistance to provide staff training (including teachers and school personnel) and to secure necessary technical assistance (through local community-based entities, to the maximum extent feasible). Authorizes the Secretary, acting through the Administrator, to award one-year nonrenewable planning grants to eligible entities that agree to establish a local community partnership to deliver comprehensive services. Sets forth application requirements. Requires use of such planning grants for: (1) assessments of needs and barriers to services; (2) for delivery planning and coordination of services; and (3) development of program goals and progress measurements. Limits to ten percent the portion of grant program funds which may be used for such planning grants. Limits the maximum amount of each planning grant. Title II: State and Local Coordinated Youth Services Grants - Subtitle A: Local Consortia Grants - Authorizes the Secretary, acting through the Administrator, to award grants to eligible consortia to coordinate and deliver comprehensive core education, health, and social services to at-risk youth through an integrated service delivery network directed by a consortium. Requires such consortia membership to include representatives from the local health department, local educational agency, health and social services providers and community-based organizations with a history of serving at-risk youth (including minority youth, dropouts, adolescent parents, and runaway or homeless youth), youth development organizations, juvenile justice personnel, and parents and the at-risk youth to be served. Requires specified financial or organizational commitments by consortium members. Subtitle B: Statewide Youth Services Center Grants - Authorizes the Secretary, acting through the Administrator, to award grants to eligible States to provide for coordination and delivery of comprehensive education, health, and social services to at-risk youth through the award of State grants to local community partnerships or corsortia. Requires States, to be eligible for such grants, to: (1) provide assurances of cooperative agreements among State education, health, and social services agencies concerning planned delivery of such comprehensive youth services; (2) demonstrate financial and organizational commitments; (3) currently support coordinated delivery of such services through a system of school-based, school-linked, or community-based comprehensive youth services centers; (4) document that services are prioritized among communities that have a high-risk environment for youth, as indicated by specified factors; and (5) meet certain application requirements. Subtitle C: Provisions Relating to Both Local and Statewide Grant Programs - Sets forth requirements for applications and use of grant funds for a consortium or State entity awarded a grant under subtitle A or B. Requires coordination and delivery of specified core services through a system of school-based, school-linked, or community-based youth centers to serve in-school and out-of-school youth and their families. Sets forth such core services under the categories of: (1) comprehensive health, mental health, and social services; and (2) youth development and life planning services. Requires coordination and co-location of delivery of existing core services into a broader system of health and social services centers accessible to in-school or out-of-school youth to use available resources more effectively before adding new resources or developing new services. Requires provision of outreach services to out-of-school youth (including adolescent parents and runaway and homeless youth), and coordination of core services with alternative education and job training and placement opportunities for such youth. Allows use of grant funds for: (1) coordination and co-location of core services with additional services to enhance the support available to at-risk youth and their families through the service delivery network; and (2) expansion of coordination and delivery of core services to the feeder elementary schools whose students will attend secondary schools currently providing core services. Sets forth grant application, plan formulation and content requirements. Provides for an initial three-year grant period, and authorizes two-year extensions upon demonstration of substantial progress in integration of comprehensive services and improvement in health and education outcomes of the youth served. Provides for an integration incentive. Authorizes the Secretary, in making a grant under this title, to make bonus amounts available as integration incentives. Specifies formulas for such bonuses. Authorizes the Secretary, acting through the Administrator, to award one-year nonrenewable planning grants to consortia or States. Sets forth application requirements. Requires the use of such funds to: (1) establish an administrative mechanism to develop and implement a citywide, countywide, or statewide system of school-based, school-linked, or community-based comprehensive youth services centers; (2) assess needs and barriers to services; (3) develop program goals and progress measurements; and (4) develop a strategic plan for coordination and delivery of comprehensive services to youth at school-based, school-linked, or community-based locations. Limits to ten percent the portion of grant program funds which may be used for such planning grants. Limits the maximum amount of each planning grant. Title III: Implementation Provisions - Makes ineligible for title I funds any community that: (1) is currently receiving State funds to deliver co-located education, health, and social services; or (2) will receive funding from a State funded under subtitle B of title II. Allows such a currently funded community partnership to form a consortium to seek funding for an expanded citywide or countywide youth services network under subtitle A of title II. Requires a local consortium operating in a locality receiving State funding for delivery of such co-located services to include participation from the entities receiving such State funding. Makes eligible for continued funding, at the completion of its five-year grant period under title I, a partnership that has expanded into a citywide or countywide consortium (as described under subtitle A of title II) or has become part of a statewide network (as described under subtitle B of title II). Directs the Secretary to consult with the Secretary of Education in developing program regulations to implement this Act. Directs the Secretary to disseminate information on programs under this Act and on successful and model programs and to provide technical assistance. Requires such information and assistance to be provided directly through the Health Resources and Services Administration as the administering agency and other Department of HHS agencies with appropriate expertise, or through grants and contracts with nonprofit organizations. Requires the Secretary to collaborate with the Departments of Education and Labor and the Commission on National and Community Service, in such information and technical assistance efforts. Sets forth annual reporting requirements for entities receiving funds under this Act, including analyses of progress at the end of the third year. Sets forth maintenance-of-effort requirements. Authorizes appropriations for titles I and II and for special projects of national significance under title IV. Title IV: Federal Coordinated Youth Services Initiatives - Directs the Secretary, acting through the Administrator, to establish and administer a special projects of national significance program to award direct grants to public and nonprofit private entities to fund model programs to integrate health and social services, including HIV prevention, provided to special populations of youth at risk. Bases grant awards on: (1) need to provide such services to such subpopulations; (2) need to assess effectiveness of a prevention or service model or collaboration strategy; and (3) potential replicability of proposed activities in other localities. Allows such special projects to include projects targeting youth who are: (1) runaway, homeless, or street youth; (2) immigrants or migrants; (3) in the juvenile justice system; (4) in foster care; (5) in gangs; (6) with a history of substance abuse; (7) with HIV disease; (8) adolescent parents; and (9) Native American. Amends the Augustus F. Hawkins Human Resources Reauthorization Act of 1990 to direct the Federal Council on Children, Youth, and Families to: (1) identify (and make recommendations to modify or eliminate) program regulations or practices that impede coordination and collaboration; (2) develop recommendations for creating jointly funded programs, unified assessments, eligibility, application procedures, and confidentiality regulations that facilitate information-sharing; and (3) make recommendations to the Congress on legislative action needed to facilitate coordination of educational, health, and social services for in-school and out-of-school youth. Directs the Secretary to submit to the Congress: (1) biannual reports, with summaries of annual grantee reports and progress assessments; and (2) a final evaluation report within four and a half years. Directs the Secretary to use the amount made available under specified provisions of the Public Health Service Act to conduct such evaluation.
United States · United States Congress · 28 July 1992
Prohibits a member of the armed forces or person seeking to become a member from being discriminated against by the armed forces on the basis of sexual orientation.
United States · United States Congress · 27 July 1992
Declares that the Congress acknowledges and appreciates the commitment, devotion, and sacrifices of present and former military families. Designates November 23, 1992, as National Military Families Recognition Day.
United States · United States Congress · 24 July 1992
Rehabilitation Act Amendments of 1992 - Amends the Rehabilitation Act of 1973 (the Act) to revise and extend various vocational rehabilitation programs. Title I: Administration and Vocational Rehabilitation Services - Subtitle A: Administration - Revises provisions for findings, purpose, and policy under the Act. Revises or adds definitions of community rehabilitation programs (this term replaces rehabilitation facilities), employment outcomes, individuals with disabilities, personal assistance services, rehabilitation technology (replaces engineering), individuals with severe disabilities supported employment, assessment for determining eligibility and vocational rehabilitation needs, assistive technology devices and services, disability, extended services, impartial hearing officers, independent living services, ongoing support services, supported employment services, and transition services. Sets the Federal share at 78.7 percent. (Currently the Federal share is 80 percent for payments less than or equal to the 1988 payment to the State, and 75 percent of any excess over the FY 1988 payment for FY 1993.) Requires annual reports to include information on types of rehabilitation technology services provided to each client in the preceding fiscal year. Allows recipients of grants under specified programs under the Act to carry over such funds for use in the next fiscal year. Adds client assistance information requirements. Requires all programs that provide services to individuals with disabilities under the Act to advise such individuals or their parents, guardians, or legal representatives of the availability and purposes of the client assistance program, including information on how to seek assistance under it. Subtitle B: Vocational Rehabilitation Services - Revises provisions for findings, purpose, and policy under title I (Vocational Rehabilitation Services) of the Act. Extends through FY 1997 the authorization of appropriations for: (1) basic grants for vocational rehabilitation services (in necessary amounts, but at least equal to the immediately preceding fiscal year, plus indexing for inflation); and (2) innovation and expansion grants (in necessary amounts). Revises the formula for determining amounts under specified provisions for extension of authorization or duration. Revises requirements for State plans under the Act to allow their submission to coincide with the intervals at which State plans are to be submitted under other Federal laws, such as the Individuals with Disabilities Education Act. Requires State plans to include certain provisions, as follows. Requires explanation of the methods by which the State will provide vocational rehabilitation services to all eligible individuals with disabilities. (Provides that State criteria shall determine those with the most severe disabilities, who are to receive such services first.) Requires description of how rehabilitation technology services will be provided at each stage of the rehabilitation process and on a statewide basis, and of the training to be provided for vocational rehabilitation counselors and client assistance and other related personnel. Requires assurance that facilities will comply with provisions for nondiscrimination under Federal grants and programs under the Act and with the Americans with Disabilities Act of 1990. Requires a comprehensive system of personnel development for professionals and paraprofessionals employed by the State agency, standards to ensure appropriate and adequate training of personnel, and minimum standards to ensure availability of personnel trained to communicate in the native language or mode of communication of the client. Provides that determinations regarding availability of comparable services and benefits under any other program are not required prior to the provision of services if an immediate job placement would be lost due to a delay in the provision of comparable benefits. Requires use of existing information available from other programs and providers (particularly education officials and the Social Security Administration) and information that can be provided by the individual with a disability or that individual's family in determining eligibility for vocational rehabilitation services and choosing rehabilitation goals, objectives, and services. Revises provisions for interagency cooperation to specifically include arrangements for coordination of services to individuals eligible under Federal law which created the Committee on Purchases of Blind-made Products (the Wagner-O'Day Act). Provides that interagency cooperation includes, if appropriate: (1) establishing interagency working groups; and (2) entering into formal interagency cooperative agreements that identify policies, practices, and procedures that can be coordinated and describe available resources and financial responsibilities of each agency. Changes references to rehabilitation facilities and their condition to community rehabilitation programs and their effectiveness. Requires annual (currently periodic) review and reevaluation of the status of individuals placed in extended employment settings in community rehabilitation programs, including workshops, or other employment under specified provisions of the Fair Labor Standards Act of 1938 for special certificates for employment of individuals with disabilities. Requires such review and reevaluation to: (1) include individual or family input; and (2) determine such individuals' interests, priorities, and needs for their employment, or training for competitive employment, in integrated settings in the labor market. Requires maximum efforts, including provision of vocational rehabilitation services, designed to promote movement from extended employment to integrated employment, including supported employment. Permits use of funds under title I of the Act for facilities construction, but only under special circumstances. Includes the views of the Director of the client assistance program among those that are to be considered in State and local policy planning under the Act. Requires that continuing studies and annual evaluation also form the basis for developing and updating a required strategic plan. Requires that public comment precede the development of the State plan. Requires the State agency to establish plans, policies, and methods (including entering into a formal interagency agreement with education officials responsible for public education of individuals with disabilities) to facilitate: (1) development and accomplishment of long-term goals and objectives, as well as those related to independent living before a student leaves a school setting, including coordination plans for transition services; and (2) transition from public education by an educational agency to vocational rehabilitation services by the designated State unit, including coordination plans for transition services. Adds State plan requirements for: (1) coordination and working relationships with the Statewide Independent Living Council and independent living centers; (2) a strategic plan to expand and improve vocational rehabilitation services for individuals with disabilities on a statewide basis; (3) description and assurance of the effectiveness of the system for evaluating performance of rehabilitation counselors, coordinators, and other personnel in State facilities; (4) description of State cooperation with disability organizations, business, industry, and labor to expand employment opportunities for individuals with disabilities, including training and technical assistance with respect to changes made by this Act and methods of complying with specified employment and access requirements of the Act and with title I of the Americans with Disabilities Act of 1990, or otherwise ensuring equal opportunity for such individuals, regardless of whether they have applied for or are receiving vocational rehabilitation services under the Act; and (5) establishment of a State Rehabilitation Advisory Council, unless a consumer-controlled independent commission is responsible for overseeing the operation of the designated State agency, and specified conditions are met. Sets forth provisions for determinations of eligibility for assistance under title I of the Act, including: (1) general eligibility for an individual with a disability who requires vocational rehabilitation services in relation to gainful employment; (2) presumption of a physical or mental impairment which substantially impedes, and a serious such impairment which seriously limits, employment in the case of individuals who have a disability or are blind as determined under specified Social Security Act provisions; (3) appropriate use of determinations made by officials of other agencies, particularly certain education officials, as to whether an individual has a disability or severe disability; (4) presumption that an individual can benefit in employment outcome from vocational rehabilitation services, unless the designated State unit can demonstrate by clear and convincing evidence that an individual is incapable of so benefitting (after extended evaluation, preliminary assessment, prompt determination except in unusual circumstances, and notification of reasons, rights, remedies, and client assistance). Revises provisions for the individualized written rehabilitation program (IWRP). Requires the designated State unit, upon determination of individual eligibility for services, to complete an assessment (if necessary) to determine certain eligibility and vocational rehabilitation needs. Requires the IWRP to be jointly developed, agreed upon, and signed by the individual (or parent, family member, guardian, advocate, or authorized representative) and the vocational rehabilitation counselor or coordinator. Requires the IWRP to be designed to achieve the individual's employment objective, consistent with the individual's unique strengths, resources, priorities, concerns, abilities, and capabilities. Requires the IWRP to include, among other items, statements of: (1) long-range goals based on the assessment of individual rehabilitation needs, and intermediate objectives determined through a needs assessment carried out in the most individualized and integrated setting (consistent with the individual's informed choice); (2) assessment and reassessment of expected need for extended services, if appropriate (as well as for postemployment services) and details on how such services will be provided or arranged; (3) terms and conditions under which goods and services will be provided to the individual; (4) identification of an entity or entities that will provide the services and of the process used to provide or procure such services; (5) the individual's own words (or those of a parent, family member, guardian, advocate, or authorized representative) describing how the individual was informed and involved in choosing among alternative goals, objectives, services, providers, and methods; (6) reasons why an individual for whom a program has been prepared is no longer eligible for services (if such an amendment is necessary); and (7) rights and remedies available to an individual. Requires the designated State unit to furnish a copy of the IWRP and amendments to the individual with a disability (or, if appropriate, a parent, family member, guardian, advocate, or authorized representative). Requires selection of the impartial hearing officer for a case, either on a random basis or by agreement of the Director of the designated State unit (Director) and the individual with a disability, from among a pool of qualified persons identified jointly by the designated State unit and consumer members of the State Rehabilitation Advisory Council (or the consumer-controlled independent commission(s)). Prohibits the Director from overturning or modifying any part of such officer's decision that supports the individual's position, unless the Director concludes (based on clear and convincing evidence) that such decision is clearly erroneous because it is contrary to Federal or State law, including policy. Requires the Director to make a final decision in writing, including a full report of findings and grounds, and provide a copy to the individual. Prohibits suspension, reduction, or termination of services being provided under an IWRP, pending a final determination of such a hearing or other final resolution of administrative review, unless the individual so requests or unless the individual has obtained such services through misrepresentation, fraud, collusion, or criminal conduct. Revises provisions relating to the scope of vocational rehabilitation services under title I of the Act to include: (1) assessment to determine eligibility and vocational rehabilitation needs by qualified personnel, including, if appropriate, an assessment by personnel skilled in rehabilitation technology; (2) maintenance for additional costs incurred while participating in rehabilitation; (3) referral and other services to help secure needed services from other agencies through agreements, if such services are not available under the Act; (4) transition services to help accomplish long-term rehabilitation goals and intermediate objectives; (5) on-the-job or other related personal assistance services to assist individual performance of work-related functions necessary to obtain and retain competitive work in an integrated work setting and to fulfill individual job functions while actively involved in a rehabilitation program that includes other title I services; and (6) supported employment services. Allows title I vocation rehabilitation services, when provided for the benefit of groups of individuals, to also include costs of: (1) establishing a community rehabilitation program; or (2) construction, under special circumstances, of a facility for such a program. Requires a State, in order to be eligible for assistance under title I of the Act, to establish a State Rehabilitation Advisory Council (and a separate Council for individuals who are blind if there is a separate State agency to administer that part of vocational rehabilitation services for such individuals) to review and advise the designated State unit. Allows a State, as an alternative to establishing such a Council, to have a consumer-controlled independent commission (or commissions if there is a separate agency for rehabilitation of individuals who are blind) to oversee the operation of the designated State unit. Requires that a majority of Council members be individuals with disabilities and not employed by the designated State unit. Requires such Councils to coordinate with other appropriate councils within the State. Requires such Councils to submit annual reports to State Governors or appropriate State entities and to the Commissioner of the Rehabilitation Services Administration (RSA) (the Commissioner). Requires the Council to prepare, in conjunction with the designated State unit, a plan for provision of resources, including staff, to carry out Council functions. Prohibits financial conflict of interest by members voting. Allows a State that has established a comparable Council to be considered as complying with such Council requirements. Requires development and implementation of evaluation standards and performance indicators for the vocational rehabilitation services program under title I of the Act, in accordance with specified procedures including public comment. Requires annual State reports to the Commissioner on the extent of State compliance with such standards and indicators. Directs the Commissioner and any State whose performance is below established standards to jointly develop a program improvement plan. Directs the Commissioner to biannually review such State's program improvement efforts, request further revisions where necessary, and continue such review until satisfactory performance is sustained for more than one year. Requires reductions or terminations of payments to any State failing to enter into or comply with a necessary performance improvement plan. Directs the Commissioner to include, in the annual report to the Congress, an analysis of program performance, with relative State performance, based on such standards and indicators. Directs the Commissioner to: (1) provide for annual review and periodic on-site monitoring of programs under title I of the Act; and (2) determine whether States are complying with State plan provisions and with evaluation standards and performance indicators. Sets forth procedures for such reviews and monitoring. Requires the Commissioner to provide technical assistance to programs to improve the quality of services, and corrective action plans for programs not in compliance with plans, standards, or indicators. Requires withholding of payments in cases of State agency failures to comply in administration of a State plan, in accordance with specified procedures for notification and judicial review of withholding determinations. Provides that unused payments to a State shall remain available for reallotment to other States until reallotted. Modifies State maintenance of effort requirements relating to amounts of payments to States. Allows client assistance programs (CAPs) to provide assistance and advocacy with respect to services directly related to facilitating the employment of the individual. Adds to the procedural requirements limiting redesignation of the agency conducting a CAP. Extends through FY 1997 the authorization of appropriations for grants to States for CAPs under title I of the Act. Revises provisions for innovation and expansion grants under part C of title I of the Act. Requires any State desiring to receive assistance under this part C (and under part B basic grants) to submit to the Commissioner a strategic plan to develop and use innovative approaches for achieving long-term success in expanding and improving vocational rehabilitation services (including supported employment services) provided under the State plan and the supplement. Sets forth requirements for the contents of, and the process of developing, such strategic plans. Allows States to use part C funds to improve: (1) working relationships between vocational rehabilitation services and independent living services; (2) vocational rehabilitation services for individuals with the most severe disabilities; (3) services to classes of individuals with unusual or complex rehabiitation needs; (4) use of rehabilitation technology, including appropriate evaluation and adaptation of the workplace or training program; and (5) functioning of the services delivery system and coordination with other entities, including development of an integrated system of community-based vocational rehabilitation service with appropriate transitions between service systems. Allows States to also use part C funds to support: (1) ensuring the effectiveness of the annual evaluation of programs and personnel; (2) initiating, expanding, or improving a comprehensive system of personnel development; (3) training and technical assistance to consumers, business, industry, labor, community rehabilitation programs, and others regarding implementation of amendments made by this Act, of title V (Access) provisions of the Act, and of the Americans with Disabilities Act of 1990; (4) funding of the State Rehabilitation Advisory Council and the Statewide Independent Living Council. Sets forth provisions for part C innovation and expansion grants allotments among States, and increases the minimum allotment. Repeals outdated provisions for a study of needs of American Indians with handicaps. Directs the Commissioner to undertake a comprehensive review of the current system for collecting and reporting client data under the Act, particularly under title I programs. Sets forth requirements relating to considerations, recommendations, other views, and a report to the Congress on such review. Directs the Secretary of Education (the Secretary) and the Secretary of Health and Human Services to enter into a memorandum of understanding to exchange data of mutual importance, on clients of State vocational rehabilitation agencies, contained in specified databases of the RSA and the Social Security Administration. Directs the Secretary to promulgate regulations for: (1) implementing an order of selection for vocational rehabilitation services under specified provisions of title I of the Act if such services cannot be provided to all eligible applicants; and (2) criteria for selecting vocational rehabilitation services under title I and procuring such services directly by the individual (with specific procedures to ensure such services' sufficient scope, quality, and reasonable costs, and prevention of fraud, waste, and abuse in provision of such services). Allows a State to continue until October 1, 1994, to use Social Security reimbursement payments generated under the State vocational rehabilitation program under title I of the Act or the State supported employment services program under part C of title VI of the Act to support allowable expenditures under any other rehabilitation program under the Act (if such State did so during FY 1992). Title II: Research - Revises the declaration of purpose under title II (Research and Training) of the Act. Extends through FY 1997 the authorization of appropriations for: (1) the expenses of the National Institute on Disability and Rehabilitation Research (the Institute); and (2) all other programs under title II of the Act. Revises provisions for the Institute's functions and its Director's responsibilities to require wide dissemination of: (1) information on activities funded by the Institute; and (2) educational materials to various public and private entities, including rehabilitation practitioners, individuals with disabilities, and their families, concerning ways to maximize such individuals' full inclusion and integration into society, employment, independent living, family support, and economic and social self-sufficiency (and requires pertinence to such concerns in the Institute's conferences, seminars, and workshops on advances in rehabilitation research and technology). Requires the Institute to report annually to the President and appropriate congressional committees on title II programs and activities, including information on specific advancements and developments and specific impact on vocational rehabilitation services and quality of life for individuals with disabilities, and how such information was disseminated. Includes the Health Care Financing Administration among the entities with which the Institute may jointly produce certain statistical reports and studies (which are to be widely disseminated to various entities, including individuals with disabilities and their families). Requires Institute coordination with the Attorney General with respect to provision of information, training, or technical assistance regarding the Americans with Disability Act of 1990 to ensure consistency with the technical assistance plan under such Act. Requires the Institute's Deputy Director (as well as its Director) to have substantial experience in rehabilitation and in research administration. Includes individuals with disabilities among the highly qualified research fellows who may receive Institute fellowships. Includes knowledgeable individuals with disabilities and family members of individuals with disabilities among those who may comprise peer review groups for scientific review of research grants and programs over which the Institute has authority. Requires that individuals comprising such groups be selected from a pool of qualified individuals. Directs the Secretary to provide for training such individuals and for mechanisms to receive input from individuals with disabilities and their representatives. Revises provisions for use of title II funds. Revises provisions for a long-range plan for rehabilitation research to require such plan to: (1) identify any research which should be conducted regarding the inclusion and integration into society of individuals with disabilities, especially in the area of employment; (2) be developed in consultation with the Rehabilitation Research Advisory Council and after full consideration of input of individuals with disabilities and their families, organizations representing such individuals, providers of services under the Act, and researchers in the rehabilitation field; (3) include plans for widespread dissemination of research results in practical formats to diverse types of individuals and groups; (4) be developed by the Institute's Director (the Director) in coordination with the Commissioner, and in consultation with the Secretary, officials administrating the Developmental Disabilities Assistance and Bill of Rights Act, the Interagency Committee, individuals with disabilities and their families, and other appropriate persons; and (5) be revised at least once every five years and whenever the Director determines necessary. Revises provisions relating to the comprehensive and coordinated research program and pediatric rehabilitation research. Requires that certain grants to institutions of higher education be for training rehabilitation researchers, including individuals with disabilities, with particular attention to areas of research that improve effectiveness of services under the Act. Eliminates outdated provisions for a certain report, recommendations, and study. Revises provisions for an Interagency Committee to include as members the Commissioner (of RSA) and the Assistant Secretary for Special Education and Rehabilitative Services. Requires such Committee to first receive input from individuals with disabilities and their families before carrying out its identification, assessment, and coordination duties with respect to research related to such individuals' rehabilitation. Revises various purposes and emphases of required research grant and contract programs relating to multiple and interrelated needs of individuals with disabilities. Includes under such required programs demonstration projects, training, and related activities to develop methods, procedures, and rehabilitation technology to maximize such individuals' (especially those with severe disabilities) full inclusion and integration into society, employment, independent living, family support, and economic and social self-sufficiency, and to improve effectiveness of services under the Act. Revises provisions for discretionary grants to pay all or part of the cost of specialized research activities. Revises provisions for such discretionary grants for Rehabilitation Research and Training Centers to allow such centers to be operated in collaboration with providers of rehabilitation services or other appropriate services (as an alternative to the current collaboration, which is retained, with institutions of higher education). Revises required functions and authorized activities of such centers. Requires, to be eligible to receive a center grant, each institution or provider to: (1) be of size, scope, and quality to effectively carry out center activities in an efficient manner consistent with appropriate State and Federal law; and (2) have the ability to carry out the training activities either directly or through another entity. Requires that center grants be competitive and be for five-year periods, but allows a grant for a lesser period if the recipient is new or the grant supports new or innovative research. Revises provisions for such discretionary grants for Rehabilitation Technology Research and Resource Centers (currently named Rehabilitation Engineering Research Centers). Revises provisions for such center research and demonstration activities. Requires such centers, to the extent consistent with such activities, to: (1) assist, train, and provide information to individuals with disabilities and their families to increase awareness and understanding of how rehabilitation technology can address their needs, and of the range of available options, programs, services, and resources; and (2) train individuals, including those with disabilities, to become rehabilitation technology researchers and practitioners. Lists specified life and functional areas as areas of focus for such centers' activities. Authorizes the Director to fund an additional center, with an area of focus not identified in such list, to conduct research and demonstration activities relating to emerging program trends and technologies (based on public input and the recommendation of the Rehabilitation Research Advisory Council). Requires each such center to have an advisory committee with: (1) a majority membership of individuals with disabilities who use rehabilitative technology (or their parents, family members, guardians, advocates, or authorized representatives); and (2) a full membership broadly representative of individuals and groups with an interest in rehabilitation technology, including providers, manufacturers, funders, practitioners, and minority group members. Requires such grants to be competitive and for five year periods, but allows lesser periods in cases of new recipients or new or innovative research. Revises provisions for such discretionary grants for spinal cord injury research. Adds provisions for discretionary research grants for: (1) model personal assistance services systems and other innovative service programs; and (2) model systems of comprehensive service delivery to individuals with severe disabilities other than spinal cord injuries requiring a multidisciplinary system of providing vocational and other rehabilitation services. Revises provisions for such discretionary grants for rehabilitation of children or older individuals (including older American Indians) who are individuals with disabilities. Allows such research program to include projects designed to assist adjustment of, or maintain as residents in the community, older workers with disabilities on leaving the work force. Allows waiver of the requirement of a peer review site visit before a discretionary research grant may be made, if the Director determines there is sufficient information to make an award without a site visit. Directs the Secretary to establish in the Department of Education a Rehabilitation Research Advisory Council, to advise the Director with respect to research priorities and the development and revision of the long-range plan. Requires Council members to be: (1) appointed by the Secretary; and (2) generally representative of the communities of rehabilitation professionals, rehabilitation researchers, and individuals with disabilities and their families (with at least one-half of the Council members being such individuals or their family members). Title III: Training and Demonstration Projects - Revises and renames title III of the Act (currently Special Federal Responsibilities) as Training and Demonstration Projects, with a part A, Training Programs and Community Rehabilitation Programs (currently Construction and Training Programs), and a part B, Special Projects (currently Special Projects and Supplementary Services). Revises title III grant and contract programs to replace construction of rehabilitation facilities with development and improvement of community rehabilitation programs. Provides for training for skilled personnel to provide rehabilitation services to individuals with disabilities through various types of programs, and for training and information for such individuals and their families to develop skills to access the system and become active decisionmakers. Revises provisions for discretionary grants and contracts for personnel training, to provide for: (1) addressing needs for rehabilitation technology services; (2) specific training for personnel to deliver services, through supported employment programs, to individuals with the most severe disabilities; (3) recipients submitting detailed descriptions of strategies to be used to recruit and train minority group members and individuals with disabilities; (4) the Commissioner to furnish training services provided under the Act, as well as training regarding the applicability of specified access provisions of the Act and the Americans with Disabilities Act of 1990); (5) targeting funds to areas of personnel shortage; (6) allowable personnel training in various rehabilitation fields and services; and (7) revision of individual employment requirements as an alternative to individual repayment of scholarships for such rehabilitation personnel training. Revises provisions for grants for training interpreters for individuals who are deaf to include training for interpreters for individuals who are deaf-blind. Revises provisions for compensation of experts and consultants. Extends through FY 1997 the authorization of appropriations in necessary amounts for personnel training grants and contracts. Reserves at least 20 percent of such funds for allocation to designated State agencies for projects for inservice training of rehabilitation personnel (including projects for recruitment and retention, succession planning, leadership development and capacity building, and training on amendments made by this Act). Allows such reservation to be less than 20 percent if it would result in a lower level of funding for projects being carried out on the date of enactment of this Act by other recipients of such funds. Establishes a program of special training initiatives, including: (1) grants and contracts for rehabilitation training projects for rehabilitation personnel, impartial hearing officers, and individuals with disabilities and their families or representatives; (2) grants for training and information for individuals with disabilities and their families or representatives. Authorizes appropriations for FY 1993 through 1997 for such special training initiatives. Revises (and renames) provisions for community rehabilitation programs for individuals with disabilities. Extends through FY 1997 the authorization of appropriations for grants and contracts for such programs. Includes specified types of training and services under the vocational rehabilitation services offered by such programs. Authorizes the Commissioner to make additional grants to assist various entities in meeting costs of planning, services, and initial staffing of such programs. Provides that loan guarantees for facilities for community rehabilitation programs may be given only under special circumstances. Extends through FY 1997 the authorization of appropriations for comprehensive rehabilitation centers. Revises general grant and contract requirements under title III of the Act. Extends through FY 1997 the authorization of appropriations for title III part B special projects and supplementary services. Eliminates provisions for renovating and constructing facilities under special demonstration programs provisions. Establishes a program of discretionary grants by the Commissioner to various entities to increase client choice in the rehabilitation process, including the choice of providers of vocational rehabilitation services. (Replaces specified requirements relating to assisted special demonstration projects which provide services to individuals with spinal cord injuries.) Revises provisions for special projects and demonstrations providing supported employment. Extends through FY 1997 the authorization of appropriations for discretionary grants for such projects and demonstrations. Revises provisions for model statewide transitional planning services. Extends through FY 1997 the authorization of appropriations for discretionary grants for such services. Establishes programs of discretionary grants by the Commissioner to various entities for special and demonstration projects: (1) providing appropriate incentives to vocational rehabilitation counselors to achieve high quality placements for individuals with severe disabilities; (2) supporting models for a variety of community-based, coordinated services to help the transition of individuals with disabilities from rehabilitation hospital, nursing home, or comparable programs to programs providing independent living services in the community; and (3) relating to management and service delivery systems of vocational rehabilitation programs under the Act (or studying such systems). Revises provisions for discretionary grants for special or demonstration projects for vocational rehabilitation services for individuals with disabilities who are migratory or seasonal farmworkers (and their families). Allows such grants to be made to nonprofit agencies working in collaboration with the designated State agency (as well as to such State agency and local agencies). Extends through FY 1997 the authorization of appropriations for such migratory workers program. Revises provisions for special recreational programs. Includes vocational skills development under authorized activities of such programs. Sets a maximum grant period of three years. Allows renewal of a grant if the Commissioner determines that the recipient will continue to develop model or innovative programs of exceptional merit or will contribute substantially to developing or improving special recreational programs in other locations. Sets forth requirements for applications and maintenance of service levels. Sets the Federal share at 90, 75, and 50 percent, respectively, in the first, second, and third years. Extends through FY 1997 the authorization of appropriations for mandatory grants by the Commissioner for special recreational programs. Establishes a program of discretionary grants by the Commissioner to designated State units to provide independent living services and related services to assist older individuals who are blind to adjust to blindness by becoming more able to care for individual needs. Allow recipient State agencies to make subgrants to other entities. Authorizes appropriations for FY 1993 through 1997 for such grants program for independent living services for older individuals who are blind. Title IV: National Council on Disability - Revises provisions for the National Council on Disability (Council) (title IV of the Act). Directs the President to select Council members after soliciting recommendations from representatives of: (1) organizations representing a broad range of individuals with disabilities; and (2) organizations interested in individuals with disabilities. Requires Council members to: (1) be individuals with disabilities; or (2) have substantial knowledge or experience relating to disability policy or programs. Requires that a majority of Council members be individuals with disabilities, or parents or guardians of such individuals. Sets forth as revised Council's purpose the promotion of policies, programs, practices, and procedures to: (1) guarantee equal opportunity for all individuals with disabilities, regardless of nature or severity; and (2) empower such individuals to achieve economic self-sufficiency, independent living, and inclusion and integration into all aspects of society. Provides for three-year terms, with no member to serve more than two consecutive full terms. Changes the Council's duties regarding the National Institute on Disability and Rehabilitation Research (the Institute) from establishing general policies for it and reviewing its operation to advising its Director on its policies and administration, including suggesting ways of improving its research and collection and dissemination of research findings. Revises other duties. Adds to Council duties continuing review and evaluation of new and emerging disability policy issues affecting individuals with disabilities at the Federal, State, and local levels and in the private sector, including specified issues and policies. Requires the Council to prepare and submit to the President and appropriate congressional committees a progress report on national disability policy by October 30, 1993, and annually thereafter. Requires the Council to seek public input, particularly that of individuals with disabilities, organizations representing a broad range of such individuals, and organizations interested in such individuals. Requires, by 1995, that one such report include information and analysis on State and Federal implementation of the amendments made by this Act. Revises provisions for compensation of council members and staff. Extends through FY 1997 the authorization of appropriations for the Council. Title V: Access - Revises and renames title V of the Act as Access (currently Miscellaneous Provisions). Repeals specified provisions relating to the effect on existing law and other matters. Revises provisions relating to employment of individuals with disabilities at the Federal level. Provides for use of the same standards as those under specified provisions of the Americans with Disabilities Act of 1990 in determining whether these provisions of the Act have been violated in a complaint alleging nonaffirmative action employment discrimination. Refers to the Architectural and Transportation Barriers Compliance Board as the Access Board. Includes the Department of Commerce among the agencies represented on such Board and increases the number of Board members by one. Revises provisions for terms of office. Revises provisions for Board functions, investigations, hearings, interagency agreements, reports, and assessments. Extends through FY 1997 the authorization of appropriations for such Access Board. Revises requirements for employment of individuals with disabilities under Federal contracts. Increases to $10,000 (from $2,500) the minimum contract amount which triggers such requirements. Authorizes the Secretary of Labor to waive such requirements under specified conditions. Provides for use of the same standards those under specified provisions of the Americans with Disabilities Act of 1990 in determining violations of such requirements in complaints alleging nonaffirmative action employment discrimination. Requires development of procedures to ensure nonduplication of effort and consistent standards with respect to complaints filed under these requirements of the Act and under the Americans with Disabilities Act of 1990. Revises provisions for nondiscrimination under Federal grants and programs to require the same standards as under the Americans with Disabilities Act of 1990. Revises provisions for electronic and information technology accessibility guidelines. Title VI: Employment Opportunities for Individuals with Disabilities - Revises provisions for employment opportunities for individuals with disabilities (title VI of the Act). Extends through FY 1997 the authorization of appropriations for part A community service employment pilot programs for individuals with disabilities. Revises part A to make conforming language changes. Revises part B provisions for projects with industry and business opportunities for individuals with disabilities. Makes conforming language changes. Revises part B program purposes and project requirements. Revises provisions for types of entities which may be grant recipients and for eligibility of individuals for services from such recipients based on State agency determinations. Includes under annual reporting requirements information on number of project participants who were terminated from project placements and the duration of those placements. Authorizes the Commissioner to include, as part of program agreements, authority for grant recipients to provide technical assistance for: (1) employers in hiring individuals with disabilities or meeting requirements of the Americans with Disabilities Act of 1990 relating to such employment; or (2) improving or developing relationships between current or prospective grant recipients and employers or organized labor. Revises part C of title VI, Supported Employment Services for Individuals with Severe Disabilities. Authorizes allotments, in addition to title I grants for vocational rehabilitation services, to assist States in developing collaborative programs with appropriate entities to provide supported employment services for those individuals with the most severe disabilities who require such services to enter or retain competitive employment. Directs the Secretary to make such allotments based on relative State population, but provides for minimum allotments. Allows such funds to be used to provide supported employment services to eligible individuals under this part. Prohibits funds under this part, title I, or specified title III provisions from being used to provide extended services to individuals eligible under this part or title I. Sets forth part C requirements for individual eligibility, State plan supplements, restrictions, and savings provisions. Extends through FY 1997 the authorization of appropriations for such part C supported employment services for individuals with severe disabilities. Title VII: Centers for Independent Living and Independent Living Services - Revises title VII of the Act, Centers for Independent Living and Independent Living Services. Revises part A general provisions for program purpose and definitions. Provides for consumer control of centers for independent living. Revises requirements for State plans under title VII. Requires the plan to be jointly signed by the Director of the designated State unit and the chairperson of the Statewide Independent Living Council. Requires such plans to specify objectives and timelines for their achievement. Requires, under the State plan, that the State will provide independent living services to individuals with severe disabilities in accordance with an independent living plan mutually agreed upon by the individual and an appropriate staff member of the service provider, unless the individual signs a waiver stating that such a plan is unnecessary. Requires State plans to also include provisions relating to: (1) scope and arrangement of services; (2) statewide network of centers; (3) working relationships among the Statewide Council, the designated State unit, and other appropriate entities; (4) coordination of part B services with part C centers and of Federal and State funding; (5) outreach; (6) requirements for recipients of assistance; (7) evaluation; and (8) administrative costs. Requires that the Statewide Independent Living Council (which must be established in order for the State to receive title VII funds) not be an entity within another State agency. Revises provisions relating to such Council's appointment and its composition of required and optional members and their qualifications (a majority must be individuals with disabilities and not employed by any State agency or center for independent living). Revises Council functions and powers. Allows use of comparable councils. Sets forth title VII responsibilities of the Commissioner for: (1) approval of State plans; (2) development of minimum compliance indicators; (3) on-site compliance reviews; and (4) reports. Extends the authorization of appropriations for FY 1993 through 1997, for title VII: (1) part B, Independent Living Services; (2) part C, Centers for Independent Living; and (3) part D, Protection and Advocacy of Individual Rights. Sets forth part B provisions for independent living services. Requires allotments based on relative State population and minimum allotments. Sets the Federal share at 90 percent. Requires States to use part B funds to provide specified resources relating to the Statewide Council. Allows States to use part B funds for: (1) provision of independent living services; (2) demonstrations of ways to expand and improve such services; (3) support for operation of centers for independent living; (4) support for increasing other entities' capacity to develop comprehensive approaches or systems for providing such services; (5) studies, information-gathering, model policies and procedures, and recommendations to policymakers to enhance such services; (6) training individuals with disabilities, service providers, and others regarding independent living philosophy; and (7) outreach to unserved and underserved populations. Sets forth part C provisions for centers for independent living. Sets forth allotment requirements, including reservation of funds for grants for training and technical assistance, funding priorities, review of applications, and prohibition on combined funds. Provides for allotment based on relative State populations and minimum allotments. Sets forth transition rules. Provides that part C grants to centers for independent living shall be made by: (1) the Commissioner, directly, in States in which Federal funding exceeds State funding; and (2) the director of the designated State unit in States where State funding equals or exceeds Federal funding. Sets forth separate provisions, with respect to these two procedures for making grants, for awards to eligible agencies, existing eligible agencies, new centers, current centers, order of priorities, review, and enforcement by the Commissioner or the director of the designated State unit (and on-site compliance reviews and adverse actions by that director). Requires such assisted centers for independent living to comply with specified standards relating to philosophy, provision of services, goals, community options, independent living core services, activities to increase community capacity, and resource development activities. Requires eligible agencies to provide specified assurances to the Commissioner. Defines eligible agency as a consumer-controlled, community-based, cross-disability, nonresidential private nonprofit agency. Sets forth alternative provisions for centers operated by State agencies, if there is no approved application by a nonprofit private agency. Sets forth transition provisions. Sets forth part D provisions for protection and advocacy of individual rights. Revises program purpose, authorization, and allotments. Reserves funds for technical assistance. Requires that a system, to be eligible for assistance under this part, to be a protection and advocacy system established under specified provisions of the Developmental Disabilities Assistance and Bill of Rights Act and to meet specified requirements under this Act for: (1) annual statements of objectives, priorities, and coordination; (2) client grievance procedures that assure full access for individuals with disabilities; and (3) assurances of supplementation of non-Federal funds. Provides for direct funding by the Secretary of allotments to systems under this part C, unless the system designates another entity to receive payment. Authorizes the Secretary to delegate administration of this part C program to the Commissioner of the Administration on Developmental Disabilities within the Department of Health and Human Services. Title VIII: Amendments to Other Acts - Subtitle A: Helen Keller National Center - Amends the Helen Keller National Center Act to revise and reauthorize various provisions of such Act. Extends through FY 1997 the authorization of appropriations for such Act. Includes under the definition of an individual who is deaf-blind one who is determined to be so through functional and performance assessment, even if no accurate measure of hearing and vision loss can be obtained due to cognitive or behavioral constraints. Authorizes the establishment of the Helen Keller Center Federal Endowment Fund. Sets forth reporting and other requirements. Authorizes appropriations for FY 1993 through 1997 for such Fund. Makes technical and conforming changes of language under such Act with respect to individuals who are deaf-blind. Subtitle B: Other Programs - Amends the Wagner-O'Day Act and the Small Business Act to make certain conforming changes of language with respect to people who are blind and severely disabled. Amends the Individuals with Disabilities Education Act (IDEA) to authorize the Secretary of Education, in making specified grants, to provide for training or retraining of regular education teachers who are involved in providing instruction to individuals who are deaf and are not certified as teachers of such individuals, in order to meet the communication needs of such individuals (such authority is transferred from the Rehabilitation Act of 1973). Directs the Secretary of Education to issue, within 90 days after enactment of this Act, a Notice of Inquiry concerning the definition of serious emotional disturbance as used in IDEA. Sets forth requirements for: (1) a public comment period; (2) inclusion of a proposed definition in such notice; and (3) a report containing a summary of public comments, and recommendations for an amendment to IDEA with respect to such definition. Amends the Technology-Related Assistance for Individuals with Disabilities Act of 1988 to make certain changes in language with respect to public or private agencies and organizations, including institutions of higher education. Amends a specified Joint Resolution with respect to the President's Committee on National Employ the Physically Handicapped Week (now National Disability Employment Awareness Month) to change references to handicapped persons to persons with disabilities. Extends certain provisions under such Joint Resolution.
United States · United States Congress · 22 July 1992
Older Americans Act Amendments of 1992 - Title I: Objectives and Definitions - Amends the Older Americans Act of 1965 (OAA) to make as an OAA objective the provision of support to family members and other persons providing voluntary care to older individuals needing long-term care services. Adds the definitions of various terms to OAA, including "elder abuse, neglect, and exploitation." Title II: Administration - Adds to the prohibition against delegation of Commissioner on Aging functions to any other officer not directly responsible to the Commissioner those functions of the Commissioner carried out through regional offices. Adds the following as new functions of the Associate Commissioner on American Indian, Alaskan Native, and Native Hawaiian Aging: (1) promoting coordination between programs established under OAA titles III (Grants for State and Community Programs on Aging) and VI (Grants for Native Americans); (2) acting as an advocate for Native Americans with the Indian Health Service; and (3) collecting and disseminating information regarding elder abuse, in-home care, health programs, and other problems unique to Native Americans. Establishes the Office of Long-Term Care Ombudsman Programs in the Administration on Aging (AOA), to be headed by an Associate Commissioner for Ombudsman Programs who shall serve as an advocate on behalf of long-term care facility residents within HHS and with other Federal departments and agencies. Directs the AOA Commissioner to: (1) establish and operate the National Ombudsman Resource Center to provide training, technical assistance, and information to State Long-Term Care Ombudsmen, analyze laws, regulations, programs, and practices, and provide assistance regarding recruitment and retention of volunteer ombudsmen; (2) issue regulations, and conduct strict monitoring of State compliance with requirements in effect, to prohibit conflicts of interest; (3) encourage, and provide technical assistance to, States and area agencies on aging (State and area agencies) to carry out outreach with respect to assistance under the SSI and Medicaid programs (titles XVI and XIX respectively of the Social Security Act (SSA)) and food stamp program; (5) establish information and assistance services as priority services; (6) develop guidelines for area agencies to follow in choosing and evaluating legal assistance providers and developers; (7) develop a model job description for legal assistance developers; (8) study ways in which Federal funds might be more effectively targeted to older low-income minorities and older rural residents to better meet the needs of States with a disproportionate number of older individuals in greatest need, as well as States with disproportionate numbers of older individuals generally; and (9) take other specified actions, including those with respect to establishing the National Center on Elder Abuse and the National Aging Information Center. Outlines funding requirements for the National Ombudsman Resource Center and the National Center on Elder Abuse. Requires the AOA Commissioner to coordinate, advise, consult and cooperate with the Secretary of Labor in carrying out the Community Service Employment Program for Older Americans and with ACTION in carrying out OAA. Requires the Labor Secretary to consult and cooperate with the AOA Commissioner in carrying out the Job Training Partnership Act. Requires the head of each Federal entity administering programs and services substantially related to OAA objectives to collaborate with the AOA Commissioner and develop an analysis of the impact of such programs and services on older individuals (with particular attention on older low-income minority individuals), and on the functions and responsibilities of State and area agencies. Includes as programs related to the purposes of OAA the Edward Byrne Memorial State and Local Law Enforcement Assistance Programs under the Omnibus Crime Control and Safe Streets Act of 1968. Requires the AOA Commissioner to consult and coordinate with State agencies, area agencies on aging, and Native American grant recipients in the development of Federal goals, regulations, program instructions, and policies under OAA. Establishes class memberships for individuals newly appointed to serve on the Federal Council on the Aging. Makes it a duty of the Council to advise the AOA Commissioner directly on matters affecting the special needs of older individuals for services and assistance under OAA. Authorizes appropriations. Makes mandatory currently discretionary interim Council reports to the President. Provides for a nutrition officer with responsibility over nutrition services provided under OAA title III. Revises program evaluation provisions. Requires that the annual report on the long-term care ombudsman program be compiled by March 1 of each year, rather than by January 15 as is currently required. Authorizes the AOA Commissioner and the Secretary of Agriculture to provide technical assistance and appropriate material to agencies carrying out nutrition education programs. Authorizes appropriations for OAA program administrative expenses and AOA salaries and expenses. Requires the AOA Commissioner to study and report to specified congressional committees on the effectiveness of State long-term care ombudsman programs. Requires the Secretary of Health and Human Services (HHS) to arrange to establish study committees working through the Institute of Medicine of the National Academy of Sciences to study and report to the Congress on: (1) the quality of board and care facilities for older individuals; and (2) the quality of home care services to them. Authorizes appropriations. Title III: State and Community Programs on Aging - Amends OAA title III to add: (1) to the list of purposes for such title the securing of the opportunity for older individuals to receive managed in-home and community-based long-term care services; and (2) to the list of entities that are to cooperate with State and area agencies other State agencies, including those that administer home and community programs, and organizations representing or employing older individuals or their families. Modifies the definition of "comprehensive and coordinated system." Authorizes appropriations. Revises allotment provisions. Sets a minimum annual allotment of $50,000 per State for supportive activities for caretakers. Mandates withholding of allotments for those States which have not had their intrastate funding formula approved. Adds provisions with respect to outreach demonstration projects and volunteer services coordinators. Makes the designated State agency primarily responsible for the planning, policy development, administration, coordination, priority setting, and evaluation of all State activities related to OAA objectives. Requires that the intrastate funding formula be developed in consultation with area agencies and take into account older individuals distributed both throughout the State and, with respect to older individuals in greatest need, among agency planning and services areas, with particular attention to older low-income minority individuals. Requires submission of such formula to the AOA Commissioner, who shall approve it, rather than review and comment upon it as currently required, once it is found to fulfill OAA requirements. Requires the designated State agency to provide assurances that it will require the use of outreach efforts to identify individuals eligible for OAA assistance and inform them of the availability of such assistance. Requires the designated State agency to: (1) set specific goals for each planning and service area for providing services to older low-income minority individuals; (2) provide assurance that it will undertake specific program development, advocacy, and outreach efforts focused on the needs of such minority individuals; and (3) provide a description of its efforts in this regard. Declares that whenever a State agency initiates an action or proceeding to revoke the designation of an area agency, designate an additional planning and service area, divide the State into different such areas, or otherwise affect planning and service area boundaries, it must establish and follow procedures to provide due process to affected parties. Revises area and State plan provisions. Revises provisions concerning the transfer of funds between: (1) supportive and nutrition services programs; and (2) congregate and home delivered nutrition services programs. Allows the AOA Commissioner to reimburse States for supplies in the event of a major disaster declared by the President in accordance with the Disaster Relief and Emergency Assistance Act. Requires the AOA Commissioner to advance at least 75 percent of the disaster relief reimbursement to the State within five days of the President's disaster declaration. Directs the Secretary of Agriculture to maintain, for FY 1992, a level of assistance equal to the greater of: (1) a per meal reimbursement rate equal to the amount appropriated, divided by the number of meals served in the preceding fiscal year; or (2) 61 cents per meal. Provides for Consumer Price Index adjustment of the 61 cents per meal for FY 1993 and subsequent fiscal years. Provides that in each fiscal year the final reimbursement claims shall be adjusted to use the full amount appropriated for that fiscal year. Authorizes appropriations for the surplus commodities distribution program. Directs the AOA Commissioner to require entities that provide in-home services to promote specified rights of the older individual who receives such services. Adds certain new supportive services to the list of those currently authorized under OAA title III. Allows congregate and home delivered nutrition projects to operate in rural areas at a frequency that is less than the frequency currently required. Repeals certain dietary requirements for such projects. Requires the AOA Commissioner to consult with representatives from the Dietary Managers Association in developing criteria for furnishing meals under home delivered nutrition projects. Adds two new subparts entitled "School-Based Meals for Volunteer Older Individuals and Multigenerational Programs" and "General Provisions" to part C (Nutrition Services) of OAA title III under which: (1) a new program will provide meals to older individuals who do volunteer work in public schools; and (2) current nutrition projects will provide meals that comply with certain dietary guidelines and allowances. Authorizes the addition of other in-home services (as defined under area and State plans) to the list of in-home services currently authorized under OAA title III. Gives OAA title III part F (Preventive Health Services) the new name "Disease Prevention and Health Promotion Services" and adds additional services which may be provided under it. States that the services provided under such part shall not include those for which payment may be made under SSA title XVIII (Medicare). Modifies and shifts to a new OAA title VII (Allotments for Vulnerable Elder Rights Protection Activities) the OAA title III part G program for the prevention of abuse, neglect, and exploitation of older individuals. Repeals the old part G program. Adds a new part G program entitled "Supportive Activities for Caretakers Who Provide In-Home Services to Frail Older Individuals" under which the AOA Commissioner shall carry out a State grant program to provide supportive activities for caretakers who provide in-home services to frail older individuals. Lists those activities which constitute supportive activities. Includes the maintenance of lists of individuals who provide respite services as a supportive activity. Title IV: Training, Research, and Discretionary Projects and Programs - Amends OAA title IV (Training, Research, and Discretionary Projects and Programs) to require the AOA Commissioner to: (1) consult annually with State and area agencies, Native American grant recipients, and other entities and individuals in developing priorities for grants and contracts; and (2) ensure that grants and contracts are evaluated for their benefit to older individuals and OAA programs and comply with OAA requirements. Makes such education and training projects emphasize attracting minority personnel to the field of aging in order to help meet critical shortages of adequately training personnel for programs in that field. Makes it a purpose of grants and contracts to provide education and training for practitioners in the field of gerontology. Makes in-service training emphasize using culturally sensitive practices to respond to the needs of older individuals. Provides for training of service providers with respect to aging and the problems of older individuals. Adds schools of social work and psychology to the list of schools which multidisciplinary centers of gerontology are required to help develop training programs in the field of aging. Revises provisions with respect to demonstration projects and special projects in comprehensive long-term care. Allows legal assistance agencies to participate in ombudsman and advocacy demonstration projects for developmental disabilities and mental illness. Authorizes demonstration projects to provide: (1) older individuals with multigeneration activities; and (2) supportive services to older individuals who are residents in federally assisted housing projects. Authorizes the AOA Commissioner to award grants to eligible communities (with a preference for applicants experienced in operating community programs and programs meeting the independent living needs of older individuals) to establish neighborhood senior care programs, in order to encourage professionals to provide volunteer services to local residents who are older individuals and who might otherwise have to be admitted to nursing homes and hospitals. Requires the AOA Commissioner, to the extent appropriations are available, to contract for the establishment of a technical resource center that will: (1) assist the Commissioner in developing criteria for, and in awarding grants to communities to establish, neighborhood senior care programs; (2) assist communities interested in establishing such a program; (3) provide ongoing analysis of such programs and provide program data to the AOA Commissioner; (4) serve as a liaison to State agencies; and (5) take any further actions as required. Authorizes the AOA Commissioner to make grants to selected agencies and organizations to support improvement of information and assistance services, and systems of services, operated at State and local levels. Requires the AOA Commissioner to: (1) establish and carry out senior transportation demonstration programs for the purpose of improving the mobility of, and transportation services for, older individuals; and (2) make grants to or enter into contracts with eligible entities to establish and operate Resource Centers on Native American Elders. Requires such Centers to: (1) gather information and perform research on priority areas of concern regarding older Native Americans; (2) provide for dissemination of research results; and (3) provide technical assistance and training to entities that provide services to older Native Americans. Requires the AOA Commissioner to make grants for: (1) services for older individuals with developmental disabilities and for older individuals with caretaker responsibilities for developmentally disabled children; (2) housing ombudsman programs; and (3) foreclosure and eviction assistance and relief services. Authorizes demonstration projects that generate non-Federal resources in order to increase resources available to provide additional services under OAA title III. Requires the AOA Commissioner to make grants to institutions of higher education, historically black colleges or universities, Hispanic Centers of Excellence in Applied Gerontology, and other educational institutions that serve the needs of minority students, to provide education and training to prepare students for careers in the field of aging. Requires the AOA Commissioner to establish and carry out pension rights demonstration projects. Authorizes appropriations. Revises provisions respecting demonstration project grant payments and AOA Commissioner responsibilities. Title V: Community Service Employment for Older Americans - Amends the Older American Community Service Employment Act (OAA title IX) to make miscellaneous and technical amendments with respect to employment projects. Authorizes appropriations. Provides that assistance under such Act shall not be construed to be financial assistance for purposes related to the Immigration and Nationality Act. Title VI: Grants For Native Americans - Amends OAA title X (Grants for Native Americans) to require applicants for grants under parts A (Indian Program) and B (Native Hawaiian Program) to assure that they will coordinate services under OAA titles III and X in same geographical area. Provides for the distribution of OAA title X grant funds among: (1) tribal organizations; and (2) organizations serving Native Hawaiians. Authorizes appropriations. Title VII: Vulnerable Elder Rights Protection Activities - Adds to OAA the new title VII (Allotments for Vulnerable Elder Rights Protection Activities) referenced above in title III of this Act. Establishes ombudsman programs, programs for prevention of elder abuse, neglect, and exploitation, a State elder rights and legal assistance development program, and an outreach, counseling, and assistance program. Authorizes appropriations. Directs the AOA Commissioner to make allotments to States to pay for the cost of carrying out vulnerable elder rights protection activities. Directs the AOA Commissioner to make grants for vulnerable elder rights protection activities with respect to Native Americans. Authorizes appropriations. Title VIII: Amendments to Other Laws; Related Matters - Requires the Director of the National Center for Health Statistics of the Centers for Disease Control to collect and report on certain demographic information on home health care aides and nursing home nurse aids, as well as information on the role of such aides in providing institution-based and home-based long-term care. Requires the Labor Secretary to: (1) collect, and prepare a report containing, certain information on home health care aides, including information on conditions of employment and employment benefits with respect to such aides; and (2) collect and prepare a report containing similar information with respect to nursing home nurse aides. Requires the Director's and Secretary's reports to be transmitted to the AOA Commissioner. Requires the AOA Commissioner to review such reports, then submit them to appropriate congressional committees along with comments and findings. Requires the Labor Secretary to include a separate occupation code for each such aide in Labor wage surveys conducted after enactment of this Act. Amends the National School Lunch Act to revise the definition of "adult day care center" to include entities licensed to provide adult day care services to individuals in a group living arrangement. Native American Programs Act Amendments of 1992 - Amends the Native American Programs Act of 1974 (NAPA) to transfer from the HHS Secretary to the Commissioner of the Administration to Native Americans (established by this Act) authority for financial assistance to Native American projects. Makes private agencies serving Alaska Native organizations in urban or rural areas not associated with an Alaska Native village eligible for financial assistance. Makes the Office of Hawaiian Affairs of Hawaii (Office) the sole recipient of grants from the Commissioner referenced below for a currently authorized revolving loan fund for economic development in Hawaii. Repeals the termination date for such loan fund (thus making it permanent). Requires the Office to provide matching non-Federal contributions to the fund for each grant. Authorizes appropriations. Repeals provisions that require unneeded monies in the fund to be deposited as miscellaneous receipts in the Treasury. Revises associated congressional reporting requirements. Establishes in HHS the Administration for Native Americans (Administration), which shall be headed by a Commissioner (Commissioner), and in the Office of the Secretary (Secretary) the Intra-Departmental Council on Native American Affairs (Council). Makes the Administration responsible for carrying out programs under NAPA. Makes the Commissioner the chairperson of the Council. Requires the Commissioner to advise the HHS Secretary on all matters affecting Native Americans that involve HHS. Requires the Council to: (1) prepare a plan to allow tribal governments and other eligible Native American organizations to consolidate HHS grants; and (2) designate a single office to oversee and audit such grants. Revises technical assistance and training provisions. Modifies appeal and evaluation provisions. Adds congressional reporting requirements regarding social and economic conditions of Native Amerians. Extends employment preference to individuals who are eligible for NAPA assistance. Revises administrative provisions. Authorizes appropriations for: (1) demonstration projects to conduct research related to Native American studies and Indian policy development; (2) continued development of a detailed plan for a National Center for Native American Studies and Indian Policy Development; and (2) specified provisions of NAPA. Amends the Older Americans Act Amendments of 1987 to require the President to convene a White House Conference on Aging before January 1, 1995. Authorizes appropriations. Expresses the sense of the Congress that such Conference should consider the impact of the social security earnings test on older individuals who are employed. Title IX: General Provisions - Provides that any authority to enter into contracts under this Act shall be effective only to the extent or in such amounts as are provided in advance in appropriations Acts. Requires the HHS Secretary to issue proposed regulations to carry out the amendments made by titles I through VII of this Act. Expresses the sense of the Congress that a recipient of Federal financial assistance awarded under this Act for equipment or product purchases should use such assistance to purchase American-made equipment or products. Sets forth effective dates of provisions of this Act.
United States · United States Congress · 2 July 1992
Religious Freedom Restoration Act of 1992 - Prohibits any agency, department, or official of the United States or any State (the government) from burdening a person's exercise of religion even if the burden results from a rule of general applicability, except that the government may burden a person's exercise of religion only if it demonstrates that application of the burden to the person is: (1) essential to further a compelling governmental interest; and (2) the least restrictive means of furthering that compelling governmental interest. Sets forth provisions pertaining to judicial relief, attorney's fees, and applicability.
United States · United States Congress · 1 July 1992
States that the criminal act of stalking other persons is of deep concern. Directs the Attorney General, acting through the Director of the National Institute of Justice, to: (1) evaluate anti-stalking legislation and proposed legislation in the States; (2) develop model anti-stalking legislation that is constitutional and enforceable; (3) prepare and disseminate to State authorities the findings made as a result of the evaluation; and (4) report to the Congress on the need for further Federal action.
United States · United States Congress · 29 June 1992
National Flood Insurance Reform Act of 1992 - Subtitle A: Definitions - Defines specified terms under the Flood Disaster Protection Act of 1973 and the National Flood Insurance Act of 1968. Subtitle B: Compliance and Increased Participation - Amends the Flood Disaster Protection Act of 1973 to prohibit the waiver of current mandatory flood purchase insurance requirements with respect to financial assistance for property in a flood hazard area. Expands flood insurance purchase requirements. Requires lenders to review outstanding loans to determine whether they are in compliance with mandatory flood insurance purchase requirements. Authorizes lenders to charge borrowers a fee for such service. Exempts lenders from such requirement who have a specified accuracy for flood hazard determinations for outstanding loans, or who have conducted satisfactory loan reviews, or have regularly provided for escrow of flood insurance premiums. Requires residential real estate lenders to establish flood insurance premium escrow accounts. Imposes a fine for lenders failing to require flood insurance or to give proper notice under the National Flood Insurance Act of 1968. Requires the seller-transferor of a residential-secured loan in a flood hazard area to so notify the purchaser-transferee unless a flood hazard determination has been made within the previous five years. Revises flood insurance notice requirements. Amends the National Flood Insurance Act of 1968 to require the development of a standard hazard determination form. Amends the Federal Financial Institutions Examinations Council Act of 1978 to direct the Financial Examinations Council to coordinate with Federal entities for lending regulation to develop uniform lender standards. Subtitle C: Ratings and Incentives for Community Floodplain Management Programs - Amends the National Flood Insurance Act of 1968 to provide for a community rating system and premium rate incentives for community floodplain management. Provides program funding. Subtitle D: Mitigation of Flood and Erosion Risks - Amends the Housing and Urban Development Act of 1968 to establish an Office of Mitigation Assistance to carry out flood and coastal erosion mitigation activities under the Federal Insurance Administrator. Amends the National Flood Insurance Act of 1968 to make mitigation assistance grants available to eligible States and communities. Includes among eligible grant activities property elevation, relocation, flood-proofing, and acquisition. Authorizes mitigation activity technical assistance. Sets forth: (1) assistance limits; and (2) matching requirements. Establishes in the Treasury the National Flood Mitigation Fund to be available for such mitigation assistance grants. Provides for an insurance premium mitigation surcharge to be paid into such Fund. Authorizes a mitigation transition pilot program to be carried out through the Office of Mitigation Assistance. Repeals (with a transition period) the current program for the purchase of certain insured properties. Establishes a program to reduce coastal erosion hazards. Provides for community and erosion hazard identification and publication. Establishes a specified premium increase for flood and erosion dual risk hazard areas located in non-Community Rating System communities. Limits flood insurance availability for properties in erosion hazard areas. Repeals (with a transition period) current claims provisions for iminent collapse and subsidence through flood insurance claims. Requires the Director (Director) of the Federal Emergency Management Agency to conduct a riverine erosion study. Requires the Director to coordinate coastal zone management programs with the Under Secretary of Commerce for Oceans and Atmosphere and with the States. Subtitle E: Flood Insurance Task Force - Establishes a two-year interagency Flood Insurance Task Force which shall: (1) develop standardized flood insurance enforcement procedures and guidelines; (2) conduct a study of the extent to which the secondary mortgage market can assist enforcement; and (3) conduct a study of the extent to which existing Federal and corporate flood insurance programs can serve as a model for other Federal compliance agencies. States that the Under Secretary for Oceans and Atmosphere, the Director of the United States Fish and Wildlife Service, and the Administrator of the Environmental Protection Agency shall constitute a select subcommittee dealing with floodplain functions and protection. Subtitle F: Miscellaneous Provisions - Amends the National Flood Insurance Act of 1968 to: (1) increase flood insurance coverage amounts for nonresidential, single family, and multifamily structures; (2) permit flood insurance private sector participation; and (3) require at least every five years an assessment (and revision if necessary) of flood insurance maps. Permits use of the national flood insurance fund for revising floodplain areas, flood-risk zones, and erosion-hazard areas. Requires the Director to conduct studies of: (1) construction of certain agricultural buildings to minimize flood damage; and (2) increased insurance coverages for flood damage repair costs. Requires the Chairman of the President's Council on Environmental Quality to submit a floodplain management report to the President and to the Congress.
United States · United States Congress · 25 June 1992
Establishes reemployment rights for Department of Defense (DOD) employees in reduction in force (RIF) actions. Requires DOD and each military department concerned to offer an employee who has been released under a RIF the right of first refusal to a job such entity restores within two years after the employee's release. Prohibits such entities from replacing within two years such an employee with a contract or temporary employee. Provides that if DOD or a military department seeks to staff some positions within two years after a RIF, it must offer reemployment to employees released under the RIF on the basis of seniority. Requires the Office of Personnel Management to keep a Government-wide list of vacant positions and establish a toll-free number which will enable the public to access information on the list. Requires Federal agencies to give qualified displaced DOD employees full consideration before hiring candidates from outside the agency. Codifies existing regulations requiring agencies to issue specific written notices to employees and their representatives at least 60 days prior to a RIF. Requires additionally that an agency also notify the appropriate State dislocated worker unit and chief elected official whenever a significant number of employees will be separated under a RIF. Amends the Defense Base Closure and Realignment Act of 1990 and the Defense Authorization Amendments and Base Closure and Realignment Act to make civilian employees at military installations scheduled for closure or realignment eligible to receive assistance under the defense conversion adjustment program under the Job Training Partnership Act one year in advance of the closure or realignment. Provides that DOD or each military department concerned may offer certain employees the option of receiving a lump sum payment for unused sick leave. Provides that this option is in lieu of adding unused sick leave to length of service for purposes of calculating Federal retirement benefits. Allows DOD and each military department concerned to authorize payment of a lump sum separation benefit to certain civilian employees to encourage voluntary separations. Sets forth rules for determining the amount of such payment. Provides that civilian employees at military bases scheduled for closure between October 1, 1992, and December 31, 1997, will be allowed to have annual leave which was lost as a result of closure operations during such period restored. Provides for continued health benefit coverage for DOD employees involuntarily separated under a RIF. Requires such an employee to continue to pay his or her share of the premium under the health plan involved. Provides that an employee who is involuntarily separated under a RIF will be treated as if entitled to an immediate annuity under the Thrift Saving Plan.
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 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.
United States · United States Congress · 25 June 1992
Rural Development and Ancient Forest Ecosystem Conservation Act - Title I: Rural Development in Rural Communities - Subtitle A: Rural Development for Communities and Businesses - Establishes the Community Rural Development Investment Fund and individual Community Rural Development Commissions for Oregon, Washington, and California. Requires each Commission to distribute Fund monies, in the form of low-interest rural developemnt business loans, to communities associated with employment in wood products, log harvesting, or log hauling or transportation. Subtitle B: Dislocated Forest-Worker Assistance - Establishes the Dislocated Forest-Worker Assistance Account, funded with monies from timber sales from federally owned forests, to provide income supplements, vocational retraining stipends, job search allowances, relocation allowances, and other benefits to dislocated timber-harvesting and wood products industries employees who have exhausted State unemployment benefits. Subtitle C: Miscellaneous - Requires employment of persons to perform forest ecosystem management practices on Forest Service and Bureau of Land Management Lands. Allows withholding of sums from timber harvest contracts to fund such employment. Requires the Secretaries of the Interior and of Agriculture (the Secretaries), for each timber sale contract, to retain a cash deposit as security to ensure contract compliance. Expresses the sense of the Congress that annual Forest Service appropriations should not be less than those during the preceding ten years. Allows States west of the 100th meridian from which unprocessed logs are exported to establish export restrictions because of temporary shortages in the supply of timber. Provides special rules for exports to Canada and for a presidential suspension on restrictions if U.S. trade obligations are violated. States that western red cedar unprocessed logs from the Tongass National Forest may not be exported unless they are surplus to domestic processor needs. Provides special policies for conservation and management of the Pacific yew (used in the manufacture of taxol for the treatment of cancer). Amends the Wood Residue Utilization Act of 1980 to authorize appropriations for a pilot wood residue utilization project to demonstrate the commercial viability of cement fiber board products for use in the construction industry. Authorizes appropriations. Title II: Forest Ecosystem Conservation - Subtitle A: Westside Forests - Directs the Secretaries to manage late-successional/old-growth Westside forests in the ecoregions of Pacific Forest and Willamette-Puget Forest in a manner to maintain viable vertebrate species and restore biological diversity. Requires consistency with the Watershed and Fish Habitat Emphasis Option. Requires management of key Westside watersheds to restore ecological forest elements and protect habitats of potentially threatened and endangered fish species and stocks of anadromous salmonoids. Subtitle B: Eastside Forests - Requires a study of Federal forests in the ecoregion provinces of the Columbia Forest, Rocky Mountain Forest, Palouse Grassland, Intermoutain Sagebrush, Sierran Forest, and California Chaparral (Eastside forests) to determine ecosystem management strategies that will restore and protect the health of forests and their ecological elements. Provides for interim protection of Eastside watersheds and late-succession/old-growth forests. Subtitle C: Miscellaneous - Establishes Forest Ecosystem Advisory Committees to recommend ecosystem management objectives for all BLM and Forest Service forests. Requires Inspectors General of the Department of Agriculture and the Interior to conduct audits of standards used by the Secretaries in the development of land and resource management plans. Requires development of a definition for a "dead and dying" tree. Amends the Forest and Rangeland Renewable Resources Research Act of 1978 to require the establishment of a program of studies to facilitate implementation of an ecosystem-based approach to the management of federally owned forests. Authorizes appropriations.
United States · United States Congress · 24 June 1992
Declares that it is the sense of the Congress that any legislation passed by the Congress to address American health care needs must include coverage for mental disorders.
United States · United States Congress · 23 June 1992
Amends the Tariff Act of 1930 to include interim processors within industries producing processed agricultural products. Prohibits the United States International Trade Commission, in making certain determinations of material injury, from considering the relative overall health of the domestic industry to be dispositive of the issue of material injury or the threat thereof, but allows the consideration of the relative health of such industry only in the context of import impact.
United States · United States Congress · 18 June 1992
Legal Services Reauthorization Act of 1992 - Amends the Legal Services Corporation Act to authorize appropriations for the Legal Services Corporation for FY 1993 through 1997. Amends the Federal criminal code to: (1) apply Federal criminal laws against theft, fraud, and embezzlement to Corporation funds; and (2) make the Federal criminal statute against obstructing a Federal audit applicable with regard to auditors employed or retained by the Corporation. Specifies that certain provisions of the False Claims Act apply to the Corporation, any financial assistance recipient and other grantee or contractor of the Corporation (awardee), subgrantee or subcontractor of any such entity, or employee thereof (thus, giving the Attorney General the authority to bring a civil action against any person employed by or contracting with a recipient, subrecipient, grantee, or contractor who perpetuates a fraud with Corporation funds, but excluding from application to the Corporation and its recipients provisions which permit a private person to initiate a false claims action). Revises prohibitions on the use of Corporation funds for lobbying purposes to prohibit such use by an awardee: (1) to pay for publicity or propaganda intended or designed to support or defeat legislation pending before the Congress or State or local legislative bodies, or to influence any decision by a Federal, State, or local agency; (2) to pay for any personal service, advertisement, telegram, telephone communication, letter, printed matter, or other device intended or designed to influence: any decision by a Federal, State, or local agency, except when legal assistance is provided by an employee of an awardee of the Corporation to an eligible client on a particular matter which directly involves the client's legal rights or responsibilities; any Member of Congress or other Federal, State, or local elected official to favor or oppose any referendum, initiative, constitutional amendment, or similar procedure of the Congress, State legislature, local council, or similar governing body; or any such Member or official to favor or oppose legislation (with exceptions); or (3) for adminstrative or related costs associated with such prohibited activities. Permits the use of such funds in connection with any communication: (1) made in response to a Federal, State, or local agency or elected official; or (2) to a Federal, State, or local elected official pertaining to the authorization or appropriation of funds or any other measure affecting the authority, functions, or funding of, or pertaining to oversight measures directly affecting, the awardee or the Corporation, if the project director or designee of the awardee has expressly determined that the legislative body involved is considering such authorization, appropriation, or other measure, or is conducting oversight of the awardee or the Corporation. Requires the Corporation to: (1) arrange for evaluations to determine whether awardees are providing comprehensive, economical, and effective legal assistance to eligible clients; and (2) conduct monitoring and investigations into allegations that an awardee has violated applicable requirements. Sets forth provisions concerning investigation procedures. Directs the Board of Directors of the Corporation to provide for the enforcement of requirements with respect to such awardees. Permits the Corporation to suspend, reduce, or terminate financial assistance (with such termination only after consideration of other remedial measures and only after the employee has been afforded reasonable notice and opportunity for a timely, full, and fair hearing, to be conducted by an independent hearing examiner when requested), or deny an application for refunding (after affording the awardee an opportunity to correct the failure) when: (1) there has been a substantial failure to comply with applicable requirements; or (2) evaluations demonstrate that an awardee has consistently failed to provide economical and effective legal assistance. Authorizes the Corporation to deny an application for refunding when the Corporation has identified an applicant for financial assistance that is better able to provide comprehensive, economical, and effective legal assistance for the geographic area served by such awardee. Revises provisions concerning notice to awardees prior to the suspension or termination of assistance or the denial of a refunding application. Prohibits the annual level of assistance from being reduced by more than five percent or $20,000, whichever is less, unless the awardee has been afforded notice and, at the awardee's request, a timely and fair hearing. Sets forth Corporation monitoring requirements. Directs that standards and procedures adopted pursuant to such provision take into account: (1) the responsibility of the Corporation to provide for independent evaluations; (2) that each awardee has the responsibility to manage its day-to-day operations and to assure that its employees comply with all applicable law and deliver high quality legal assistance in an effective and economical manner; (3) that the personal privacy of eligible clients could be adversely affected by the public disclosure of records or documents obtained in connection with monitoring or investigation (and bars the Corporation from requiring disclosure of such records to the extent that they can be expected to contain information directly pertinent and necessary to an audit, or to an investigation of a likely pattern of discrimination, lack of compliance with the law, or poor performance by an awardee which is indicated by other external evidence); (4) the requirements of the Privacy Act of 1974, the privacy protections of State law, and the principle that matters and records that are personal or private and that relate to an individual employee should be protected from examination by the Corporation; and (5) the rules of ethics and professional responsibility that are applicable in the jurisdiction where an awardee delivers legal assistance. Requires the Corporation to develop criteria for evaluating the capability and performance of awardees. Specifies that the Inspector General of the Corporation shall not, in carrying out his or her functions, be subject to any restriction that: (1) is contained in the standards and procedures adopted by the Corporation under this provision; and (2) limits access by the Corporation to documents or other information. Directs the Corporation to require each grantee, contractor, or person or entity receiving financial assistance to provide for an independent annual financial audit and to submit the report of the audit to the Corporation. Bars the Corporation from selecting the auditor employed by such entity. Permits the Corporation to conduct its own audit or hire an independent auditor when necessary, with the costs to be borne by the Corporation. (Current law directs the Corporation to conduct, or require each such grantee, contractor, or person or entity to provide for, an annual financial audit.) Places restrictions on the bringing of a class action suit by an awardee with funds provided by the Corporation against the Federal Government or any State or local government. Requires awardees to adopt policies to attempt to negotiate settlements and to use alternative dispute resolution mechanisms, where appropriate, before filing suit. Prohibits the use of Corporation funds to alter, revise, or reapportion a legislative, judicial, or elective district at any level of government. Places restrictions on the use of Corporation funds for legal assistance for aliens. Revises requirements for governing bodies of grant or contract recipients to require a recipient's governing body to be comprised of (in the majority) attorneys who are appointed by State, county, or local bar associations the memberships of which represent a majority of the attorneys practicing law in the locality in which the recipient is to provide legal assistance. Sets forth requirements for governing or policy bodies of recipients and other awardees. Allows the governing body of a bar association to appoint members of the governing or policy bodies of more than one awardee of the Corporation. Makes technical and conforming changes with respect to the professional responsibilities of the Corporation and attorney employees of the Corporation. Specifies that neither the Corporation nor the Comptroller General shall have access to any reports or records protected from disclosure by the laws or rules of ethics or professional responsibility that apply in the jurisdiction where such reports or records are maintained. Requires the Corporation (with specified exceptions) to ensure that attorneys employed full-time in providing legal assistance supported in major part by the Corporation refrain from any: (1) outside practice of law in which the attorneys seek or receive compensation; and (2) uncompensated outside practice of law. (Current law bars attorneys employed full-time in legal assistance activities supported in major part by the Corporation from any compensated outside practice, and any uncompensated outside practice except as authorized in guidelines promulgated by the Corporation.) Prohibits the use of Corporation funds for initiating the defense of a person in a proceeding to evict such person from a public housing project if the person has been convicted of the illegal sale or distribution of a controlled substance and the proceeding has been brought by a public housing project agency because such person threatens the health or safety of other tenants or employees of such agency. Prohibits awardees (or employees) from engaging in precomplaint settlement negotiations, filing a complaint, or pursuing litigation against a defendant unless a written retainer agreement which enumerates the facts on which the claim is based has been signed by the plaintiffs. Specifies that, unless authorized by a court of competent jurisdiction, no awardee (or employee) may file a complaint or petition in a court until all plaintiffs known to plaintiff's counsel at the time have been specifically identified in the complaint or petition. Requires the Corporation to study, through the use of demonstration projects and other appropriate methods, the feasibility of utilizing a system of competition to improve the delivery of legal assistance and related activities. Sets forth reporting requirements. Specifies that a general restriction on training activities of the Corporation should not be construed to prohibit training of attorneys or paralegals as necessary to prepare them to advise any eligible client as to the nature of the legislative process, or to inform any such client of his or her rights under any statute, order, or regulation. Repeals a limitation on the use of non-Federal funds received by the Corporation. Directs the Corporation to require each awardee to maintain a system of time and recordkeeping that discloses the types of activities supported by Corporation and non-Corporation funds and allocates appropriate costs, including overhead, to activities funded by non-Corporation funds. Sets forth additional requirements regarding the specific type of system to be employed. Prohibits the use of alternative corporations to evade the provisions of this Act. Defines an "alternative corporation" as a group which has a single identity of interest with an awardee. Requires any awardee which shares employees with any other entity to specify with particularity the use of any funds by such employees. Directs the Corporation to ensure that all attorneys engaged in legal assistance activities supported by the Corporation refrain, while so engaged, from any political activity (current law) associated with a political party or the campaign of any candidate for public or party office. Requires grants and contracts made for calendar years 1993 through 1997 to be made for at least 12 months, except for any grant to a new program commencing operations after the beginning of the applicable calendar year. Sets forth provisions with respect to the establishment of local priorities and periodic analysis of the legal needs of clients in the area served by each such awardee. Revises the defintion of "staff attorney" to mean an attorney who: (1) is employed by a recipient organized in whole or in part for the provision of legal assistance to eligible clients under the Act; and (2) receives more than half of his or her annual professional salary from the proceeds of a grant or contract from the Corporation to such recipient. (Current law specifies an attorney who receives more than half of his annual professional income from a recipient organized solely for the provisions of legal assistance to eligible clients.) Directs the Corporation to conduct a study on legal assistance to older Americans.
United States · United States Congress · 11 June 1992
DES Education and Research Amendments of 1992 - Amends the Public Health Service Act to establish a program for the conduct and support of research and training, the dissemination of health information, and other measures with respect to the diagnosis and treatment of conditions associated with exposure to the drug diethylstilbestrol (DES). Mandates: (1) programs to educate health professionals and the public; and (2) longitudinal studies. Authorizes appropriations.
United States · United States Congress · 4 June 1992
Medicare Enrollment Improvement and Protection Act of 1992 - Title I: Improving Enrollment - Amends title XVIII (Medicare) of the Social Security Act to require the Secretary of Health and Human Services' annual notice to Medicare beneficiaries to inform certain low-income Medicare beneficiaries of the requirements to qualify for Medicaid (title XIX of the Social Security Act) payment of their premiums, deductibles, and copayments under Medicare and how to apply for such benefit. Requires the notice described above to be prepared in a manner suitable for posting and distributed to physicians, hospital offices, other medical facilities, and entities receiving grants from the Secretary for programs designed to provide services to individuals age 65 or older. Requires the Secretary to establish a toll-free telephone number for information about such benefit. Amends the Medicaid program to require the Secretary to develop a simplified form for applying for such benefit for processing at social security offices. Amends the Medicare program to mandate direct enrollment of part A (Hospital Insurance) eligibles by the Secretary. Directs the Secretary to make grants to State agencies and organizations for the provision of outreach assistance to older individuals who may be eligible for such benefit. Authorizes appropriations to fund such grant program. Title II: Application of Other Medicaid Eligibility Rules - Amends the Medicaid program to permit retroactive payments of medical costs incurred by certain low-income Medicare beneficiaries in or after the third month before the month in which such an individual applied to have Medicaid cover such costs. Title III: Report - Directs the Secretary to submit reports to the Congress on Department activities to ensure enrollment and full implementation of the program under the Social Security Act for Medicaid payment of Medicare costs and the effectiveness of each such activity, along with any recommendations for appropriate legislation.
United States · United States Congress · 21 May 1992
Designates August 1, 1992, the 17th anniversary of the signing of the Final Act of the Conference on Security and Cooperation in Europe (the Helsinki accords), as Helsinki Human Rights Day. Calls upon the President to: (1) issue a proclamation reasserting the U.S. commitment to full implementation of the Act, urging all signatory states to abide by their obligations under the Helsinki accords; (2) continue his efforts to achieve full implementation of the human rights and humanitarian provisions of the Helsinki accords by raising the issue of noncompliance on the part of any signatory State which may be in violation; (3) convey to all signatories that respect for human rights and fundamental freedoms continues to be a vital element of further progress in the ongoing Helsinki process; and (4) in view of the considerable progress made to date, develop new proposals to advance the human rights objectives of the Helsinki process, and in so doing address the major problems that remain.
United States · United States Congress · 21 May 1992
Designates February 21 through February 27, 1993, as American Wine Appreciation Week. Commends the winegrape and fruit growers and vintners of the United States for the production of high quality agricultural products.
United States · United States Congress · 20 May 1992
Library of Congress Fund Act of 1992 - Expresses the intent of the Congress that core Library of Congress services shall continue to be provided at no cost. Title I: Library Products and Services - Authorizes the Librarian of Congress to furnish national library products and services to institutions or individuals for a price that covers distribution costs. Directs the Librarian to publish for comments in the Federal Register new Library of Congress Revolving Fund service activities proposed after enactment of this Act. Requires that any regulation establishing a new activity within specialized library products or services be published in the Federal Register with an explanation of the Librarian's decision. Defines: (1) "core library products and services" as domestic interlibrary loan and information products and services customarily provided by libraries to users at no charge; (2) "national library products and services" as information products and services that are used by libraries and library organizations in maintaining and improving library services throughout the nation; and (3) "specialized library products and services" as specified customized information products and services that exceed core services, that are not national library products and services, and that are designed for individuals or discrete groups of persons or entities. Title II: Library of Congress Revolving Fund for Specialized Products and Services - Establishes the Library of Congress Revolving Fund in the Treasury to be available to the Librarian, without fiscal year limitation, to carry out Fund service activities. Defines "Fund service activities" as specialized library information products and services and other activities assigned by the Librarian by regulation. Requires the Fund to be credited with all amounts received for specialized library products and services and all appropriations for, and other assets associated with, Fund service activities. Authorizes the Librarian to furnish specialized library products and services to institutions and individuals for purchase at a price covering production and distribution costs. Requires the Librarian to set fees to recover the costs of such products and services provided by each Fund service unit. Requires the Librarian to report activities and financial transactions of the Fund in the Annual Report of the Librarian of Congress. Authorizes the General Accounting Office to audit the Fund's financial activities. Title III: General Standards and Limitations - Requires the Librarian to respect and preserve the security classification of any scientific or technical material in the possession or control of the Library of Congress. Requires the President to certify the classified status of items received as being essential in the interest of national defense. Declares that this Act shall not apply to the Copyright Office or modify Federal copyright law. Prohibits: (1) the use of Congressional Research Service (CRS) resources to generate fee-based research and information services; or (2) the marketing or publication of CRS products without prior approval of either the Committee on House Administration or the Senate Committee on Rules and Administration. Provides that nothing in this Act shall be construed to: (1) permit the Library to impose redistribution fees on domestic end users of national library products and services; (2) revise the Federal depository library program or the Library's distribution of publications to depository libraries; or (3) require fees or charges for services and products provided under reciprocal arrangements for the exchange of information. Requires the Library to follow rulemaking notification procedures of the Administrative Procedure Act when proposing new Fund service activities.
United States · United States Congress · 20 May 1992
Declares that the Congress adopts specified principles on rights and obligations with respect to the environment, to be known as the Earth Charter, and urges the nations participating in the United Nations Conference on Environment and Development in June 1992 to adopt the same rights and obligations as a separate Earth Charter. Includes within such principles: (1) the integration of environmental and development objectives with economic and trade policies; (2) the promotion of sustainable development; (3) respect for human rights; (4) the adoption of precautionary measures to prevent causes of environmental degradation; (5) a commitment to peace and security; (6) the elimination of unsustainable patterns of production and consumption; (7) the availability of information relevant to environment and development; (8) open and free market objectives; (9) the bearing of pollution costs by polluters; (10) the establishment of democratic institutions; (11) the elimination of poverty; and (12) assistance to developing countries.
![Official portrait of Rep. Adams, Brock [D-WA-7]](https://www.congress.gov/img/member/a000031_200.jpg)