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.
United States · United States Congress · 20 May 1992
Condemns the violence in South Africa. Urges the Government of South Africa to take steps to end the violence and protect all South Africans. Expresses the sense of the Senate that the President should prepare and transmit to the Senate a report on the nature of the violence in South Africa, the role that the various particpants are playing, and the impact of such violence on South Africa's transition to democracy.
United States · United States Congress · 13 May 1992
Constitutional Amendment - Provides for the direct election of the President and Vice President and eliminates the electoral college. Declares that the times, places, and manner of holding presidential elections and entitlement to inclusion on the ballot shall be prescribed by State law, but that the Congress may by law make or alter such regulations. States that the days for such elections shall be determined by the Congress and shall be uniform throughout the United States. Requires the Congress to prescribe the times, places, and manner in which the results of such elections shall be ascertained and declared. Requires such elections, other than runoff elections, to be held not later than the first Tuesday after the first Monday in November and the results declared no later than 30 days after the date of the election. Authorizes the Congress to provide for the case of death, inability, or withdrawal of any candidate for President or Vice President before an election and for the case of the death of either the President-elect or Vice President-elect.
United States · United States Congress · 7 May 1992
Civil War Battlefield Commemorative Coin Act of 1992 - Directs the Secretary of the Treasury to issue a specified number of five-dollar gold coins, one-dollar silver coins, and half-dollar clad coins to commemorate the 100th anniversary of Civil War battlefield preservation. Sets forth certain features of such coins and provides for their design, issuance, and sale. Requires that all sales include a surcharge of $35 per coin for the five-dollar coins, $7 per coin for the one-dollar coins, and $1 per coin for the half-dollar coins. Requires that all surcharges be paid to the Civil War Battlefield Foundation for the preservation of historically significant Civil War battlefields.
United States · United States Congress · 7 May 1992
Global Climate Protection Act - Directs the President to promulgate final regulations that will achieve stabilization of carbon dioxide emissions by January 1, 2000. Requires the Administrator of the Environmental Protection Agency to evaluate and report biennially to the Congress on the progress made pursuant to such regulations. Directs the President to promulgate additional regulations to achieve stabilization if the Administrator finds that the regulations will not achieve stabilization. Permits citizen suits against officers of the United States for failures to perform duties in accordance with this Act.
United States · United States Congress · 6 May 1992
Authorizes the President, on behalf of the Congress, to present a gold medal to a representative of the American Philosophical Society in commemoration of the 250th anniversaries of the founding of the Society and the birth of Thomas Jefferson. Directs the Secretary of the Treasury to strike and deliver bronze duplicates of such medal to the Society, upon receipt of full payment for them.
United States · United States Congress · 6 May 1992
Amends the Federal Food, Drug, and Cosmetic Act to allow, on order of a veterinarian: (1) a new animal drug approved for one use to be used for a different purpose; and (2) a new drug approved for human use to be used in non-food producing animals.
United States · United States Congress · 6 May 1992
Congratulates the residents of Jerusalem and the people of Israel on the 25th anniversary of the reunification of that city. Urges that: (1) Jerusalem remain an undivided city in which the rights of every ethnic and religious group are protected; and (2) the President and Secretary of State issue an unequivocal statement in support of such principle.
United States · United States Congress · 28 April 1992
Title I: Interagency Council on the Homeless - Amends the Stewart B. McKinney Homeless Assistance Act to extend the authorization of appropriations for the Interagency Council on the Homeless, and the Council's authority, through October 1, 1994. Title II: Federal Emergency Management Food and Shelter Program - Amends the Stewart B. McKinney Homeless Assistance Act to extend the authorization of appropriations for the Federal emergency management food and shelter program.
United States · United States Congress · 28 April 1992
Authorizes the Secretary of the Interior to release restrictions and a reversionary interest in certain lands in Clallam County, Washington, if a specified hospital district agrees to sell such lands at fair market value and apply the proceeds to the construction and operation of a new hospital facility meeting all applicable legal requirements, or to pay all such proceeds to the Secretary.
United States · United States Congress · 9 April 1992
Amtrak Authorization Act of 1992 - Amends the Rail Passenger Service Act to authorize FY 1993 through 1995 appropriations for the National Railroad Passenger Corporation (AMTRAK), including funds for: (1) operating expenses for the core system and new State-supported service; and (2) mandatory payments for railroad retirement benefits and railroad unemployment insurance obligations in excess of those calculated on an experience-rated basis. Requires that one of the two members of the AMTRAK Board of Directors who are appointed by the preferred stockholders be: (1) specially qualified to represent the interests of rail passengers (consumers); and (2) selected from among three qualified nominees of the National Association of Railroad Passengers. Changes the designation "President" of AMTRAK to "Chief Executive Officer." Eliminates the requirement that AMTRAK's articles of incorporation be amended for issuance of preferred stock required to be issued annually to the United States. Extends to subsidiaries and lessors and lessees (thus permitting sale/lease back transactions) AMTRAK's current exemption from additional taxes for expenditures to acquire or improve real property, equipment, facilities, or rights-of-way material or structures used in the provisions of rail passenger service. Authorizes AMTRAK to consider discontinuance, modification, or adjustment of any commuter service which, on or after October 1, 1993, exceeds in any previous six-month period the average loss per passenger mile for short-distance AMTRAK route service during such period. Requires AMTRAK to solicit public comment on alternatives to any such action before taking it. Directs AMTRAK to: (1) develop, and report to the Congress on, a plan for demonstrating high-speed rail technologies; and (2) give technical assistance to State and regional partnerships, study groups, private sector representatives, and other entities that seek to advance high-speed rail service through equipment upgrades and incremental infrastructure improvements on existing railroad facilities used by AMTRAK outside the Northeast Corridor. Requires AMTRAK periodically to recommend eliminating highway at-grade crossings to the Secretary of Transportation. Requires the Secretary to develop a plan for eliminating all such crossings along the main line of the Northeast Corridor, except in specified circumstances, by December 31, 1997. Requires AMTRAK to pay 20 percent of the cost of such eliminations. Directs AMTRAK to form a task force to consider recommendations for improving emergency training and performance (including first-aid and cardiopulmonary resuscitation, passenger evacuation, and disaster reponse) of on-board service and operating crew members. Requires a report to the Congress of task force findings and actions taken and recommended.
United States · United States Congress · 9 April 1992
Department of Energy Laboratory Technology Partnership Act of 1992 - Establishes the Department of Energy (DOE) partnership program under which the Secretary of Energy must ensure that departmental laboratories enter into research partnerships with industry, educational institutions, and other Federal agencies. Authorizes the Secretary to establish Secretary of Energy Partnerships to develop research and demonstration activities listed in the biennial National Critical Technologies Report or in other specified areas. Grants such partnerships the same preference they would receive under the Stevenson-Wydler Technology Innovation Act of 1980 if they agree that products embodying inventions made under a cooperative research and development agreement will be manufactured substantially in the United States. Directs the Secretary to encourage research partnerships with minority educational institutions and private sector entities owned or controlled by disadvantaged individuals. Cites the technology research and demonstration areas which such partnerships may target. Directs the Secretary to: (1) encourage the exchange of scientists and engineers among departmental laboratories, educational institutions, industry, and other Federal agencies; (2) provide fellowships to facilitate personnel exchanges from such areas; (3) provide education and training and further partnerships; (4) develop evaluation mechanisms; (5) develop a management plan for implementation of this Act; and (6) report biennially to the Congress on its implementation. Directs the Secretary to establish the Laboratory Partnership Advisory Board to provide guidance on the implementation of this Act. Amends the Department of Energy Organization Act to: (1) increase the number of DOE Under Secretaries from one to three and the number of Assistant Secretaries from eight to 11; and (2) establish the position of General Counsel. Requires the Secretary to make recommendations to the Congress regarding establishment of an Office of Technology Research within DOE. Directs the Secretary to establish a Laboratory Career Path Program to recruit employees of departmental laboratories to serve in positions in DOE. (Currently such transfers are unlawful.) Sets forth mechanisms to ensure the integrity of service that the proscription against such transfer was meant to achieve.
United States · United States Congress · 9 April 1992
Long-Term Care Family Security Act of 1992 - Title I: Community Care and Nursing Facility Care - Amends the Social Security Act (SSA) to add a new title XXI, Community Care and Nursing Facility Care. Entitles U.S. citizens and resident aliens (eligible individuals) who are moderately or severely disabled to community and nursing facility care. Specifies the scope of community and nursing facility care coverage. Sets limits on the hours of community care on the basis of the level of impairment. Provides that additional hours of community care may be made available to individuals with greater needs from pooled benefit hours. Provides for adjustment in computation of hours of community care to account for variation in intensity of types of care. Sets limits on short-term nursing facility care. Provides for assessment agency: (1) determination of the level of impairment of eligible individuals and financial eligibility for community and nursing facility care benefits; and (2) review of the quality of care provided under new title XXI. Requires care managers to: (1) establish and periodically review and revise plans of care for community care; (2) arrange for and monitor the provision and quality of community care and authorize payment for care; and (3) allocate additional hours of community care among different individuals who have been certified moderately or severely disabled and whose plans of care are being monitored. Provides for payment for community and nursing facility care. Requires that payment rates for home- and community-based services be based on a fee schedule or other prospective payment methodology established and annually adjusted by the Secretary of Health and Human Services. Subjects such services to specified coinsurance requirements. Requires that payment rates for nursing facilities be based on a specified prospective payment system. Provides that payment for care under new title XXI may be made only to providers and facilities that meet specified conditions. Requires the Director of the Office of Technology Assessment to provide for appointment of a Long-Term Care Payment Assessment Commission to: (1) make annual recommendations to the Secretary and the Congress on appropriate payment rates for community and nursing facility care; and (2) provide for specified studies and reports to the Congress about them. Authorizes appropriations. Provides for assistance to low-income individuals for coinsurance for community and short-term nursing facility care and charges for assessments. Provides protected resource levels with respect to long-term nursing facility care. Provides for determination of the amount of the resident-specific deductible for nursing facility care. Creates in the Treasury the Federal Long-Term Care Trust Fund for financing the community and nursing facility care program established above. Authorizes appropriations. Makes miscellaneous and technical amendments to Medicare and Medicaid (SSA titles XVIII and XIX) provisions, with changes including: (1) limits on Federal financial participation under Medicaid for services covered under new title XXI; (2) prohibitions on duplication of Medicaid benefits with benefits under such title; and (3) limits on skilled nursing facility care under Medicare. Title II: Financing Provisions - Provides that the public program of long-term care insurance under new title XXI shall be funded through one or more funding means in a manner that is: (1) progressive in the aggregate; (2) sufficient, each year, over time, and in the aggregate, to cover the net costs of the program; and (3) not derived from any one age group of society. Requires States to maintain current levels of financial commitment under Medicaid for population groups and long-term care services covered under the public program. Title III: Treatment of Long-Term Care Insurance - Subtitle A: Establishment of Standards for Long-Term Care Insurance Policies - Amends new title XXI to require the National Association of Insurance Commissioners or, in its absence, the Secretary, to promulgate standards for State programs to regulate long-term care insurance policies that incorporate specified requirements with respect to issuers and policy content and sales. Requires standards relating to issuers to provide for: (1) examination of policy and full refund; (2) explanation of claims denials; and (3) limitations on agent compensation. Requires standards relating to policy content to provide for: (1) use of standard definitions and terminology and uniform format; (2) minimum benefits; (3) limitations on use of preexisting condition limits; (4) protection against inflation; (5) limits on premium increases; (6) guarantees of renewability, continuation, and conversion; and (7) upgrade rights. Requires standards relating to policy sales to provide for: (1) agent certification; and (2) prohibitions against sales of duplicate policies and sales to Medicaid beneficiaries and certain unfair sales practices. Sets forth enforcement provisions. Amends the Public Health Service Act to set forth provisions similar to those above providing for the establishment of standards for long-term care insurance policies. Requires the Secretary, after the enactment of this Act, to report to the Congress on standards for insurer solvency protection. Subtitle B: Clarification of Tax Treatment of Long-Term Care Services and Long-Term Care Insurance Policies - Amends the Internal Revenue Code to accord: (1) the community and nursing facility care provided under new SSA title XXI the same tax treatment (including expense deductions) as medical care; and (2) insurance policies for such community and nursing facility care the same tax treatment as accident and health insurance policies. Provides for the tax treatment of certain pre-death benefits and benefit riders. Amends SSA title XI to prohibit applicants or recipients under specified public assistance programs from being required to make an election respecting certain pre-death benefits under life insurance policies. Title IV: Additional Grants and Demonstration Projects - Amends the Public Health Service Act to authorize the Secretary to make grants to community care agencies to assist them in providing community care to low-income individuals. Authorizes appropriations. Requires the Secretary to make grants to public and private entities to develop programs to train individuals to provide home health, homemaker, and personal assistance services for which payment may be made under SSA new title XXI. Authorizes appropriations. Amends the Older Americans Act of 1965 to authorize additional appropriations for long-term care ombudsman programs. Includes within the jurisdiction of the State Long-Term Care Ombudsman the investigation of complaints by recipients of community care under new SSA title XXI. Amends the Developmental Disabilities Assistance and Bill of Rights Act to authorize additional appropriations for information and referral services for the community and nursing facility care program under new SSA title XXI. Amends the Protection and Advocacy for Mentally Ill Individuals Act of 1986 to expand information and counseling services to include information and referral to such community and nursing facility care program. Title V: Review of Pharmaceutical Benefits - Requires the Director of the Office of Technology Assessment to provide for the appointment of a Pharmaceutical Payment Assessment and Policy Review Commission. Requires the Commission to report annually to the Congress on prescription drug costs and on issues with respect to coverage of prescription drugs under Federal health care programs. Makes appropriations for the Commission. Directs the Secretary to establish: (1) demonstration projects to assess the impact on cost, quality of care, and access to prescription drugs and pharmaceutical services of developing a prescription drug benefit for individuals that are receiving benefits for long-term care under new SSA title XXI; and (2) a Long-Term Care Prescription Drug Use Review Committee to advise about such demonstration projects. Authorizes appropriations.
United States · United States Congress · 8 April 1992
Civil Liberties Act Amendments of 1992 - Amends the Civil Liberties Act of 1988 to increase the authorization of appropriations to the Civil Liberties Public Education Fund. Modifies requirements regarding payments made in the case of deceased persons. Terminates the duties of the Attorney General a specified period after the Fund terminates (currently, when the Fund terminates). Excludes any payments made under such Act from consideration as income for purposes of eligibility for benefits under all laws administered by the Secretary of Veterans Affairs, effective as of August 10, 1988. Includes non-Japanese spouses and parents of an individual of Japanese ancestry within the definition of the term "of Japanese ancestry."
United States · United States Congress · 8 April 1992
Directs the Secretary of the Interior (Secretary), in cooperation with the Secretary of State, to enter immediately into negotiations with Canada to provide protection for the entire Alsek River watershed to preserve its fisheries, wildlife, water quality, and recreational and wilderness values. Requires the Secretary (acting through the Director of the National Park Service) to ensure that the internationally significant natural resource values of Glacier Bay National Park and Preserve, including all interests of the United States protected by international treaty, are not degraded by proposed open-pit copper mine developments within Canada. Requires the Secretary, acting through the Director, to study and report to the Congress on the potential impacts to the Park and Preserve caused by the proposed mine development in British Columbia. Directs the Secretary of State to seek the agreement of the Canadian Government that the International Joint Commission be referred, pursuant to a specified Treaty, to: (1) examine comprehensively the potential adverse environmental and social impacts of the proposed mining activity; and (2) issue no permits required to develop such project before completion of such study. Requires the Secretary, in cooperation with the Secretary of State, to seek the cooperation of the Canadian Government to obtain World Heritage Site status and protection for the entire Alsek and Tatshenshini River watershed.
United States · United States Congress · 7 April 1992
Democracy in Peru Act of 1992 - Calls upon the Peruvian President Alberto Fujimori and the Peruvian armed forces to: (1) restore the Peruvian Congress and judiciary to power; (2) respect the Peruvian Constitution; (3) restore and respect individual and human rights; and (4) renounce violence as a means of achieving political goals. Calls upon: (1) Peru's armed forces to submit to civilian control; and (2) the Organization of American States and the international community to consider measures to ensure that constitutional order is restored in Peru. Suspends all U.S. assistance (except humanitarian assistance) to Peru until the President certifies to the Congress that the conditions of this Act have been met.
United States · United States Congress · 7 April 1992
Earthquake and Volcanic Eruption Hazard Reduction Act - Amends the Earthquake Hazards Reduction Act of 1977 to mandate identification of earthquake-prone and volcanic eruption-prone States. Establishes the Earthquake and Volcanic Eruption Loss Mitigation Advisory Committee. Requires development of comprehensive earthquake and volcanic eruption loss-reduction criteria for State and local land use and management ordinances, building codes, and other measures. Requires that a percentage of the annual earthquake and volcanic eruption insurance and excess reinsurance premiums collected under the Primary Insurance program enacted by this Act be deposited in the Self-Sustaining Mitigation Fund to support specified hazard reduction activities. Requires the Director to support public education programs. Provides for assistance, to the extent provided for in appropriations Acts, to States which are in compliance with the loss-reduction criteria of this Act to support development and implementation of mitigation plans. Prohibits making, increasing, extending, or renewing any federally-related mortgage loan secured by: (1) residential property in an earthquake-prone or volcanic eruption-prone State unless the property is covered by earthquake and volcanic eruption insurance coverage under this Act or equivalent private insurance; or (2) improved real estate or a mobile home located in an earthquake-prone or volcanic eruption-prone State if the State is not in compliance with the loss-reduction criteria of this Act and the property does not meet minimum mitigation criteria. Establishes the Primary Insurance Program against loss from any earthquake or volcanic eruption. Requires the Director to arrange for participation, on other than a risk-sharing basis, by private insurers, insurance agents and brokers, insurance adjustment organizations, and others. Mandates development of a plan of operation for the Insurance Fund and the Reinsurance Fund. Limits Program coverage to residential property in earthquake-prone or volcanic eruption-prone States. Establishes an independent advisory committee in the executive branch to be known as the Earthquake and Volcanic Eruption Insurance and Reinsurance Advisory Committee. Establishes in the Treasury the Residential Property Insurance Fund to carry out the Primary Insurance Program. Credits to the Insurance Fund premiums received by the Program. Requires, if gross reimbursements to private insurers exceed amounts in the Insurance Fund, loans from the industry for ten percent of the additional losses, with the remaining amounts borrowed from the Treasury and backed by the full faith and credit of the United States. Requires the Director to make reinsurance and excess reinsurance available to private insurers participating in the Program and their reinsurers. Provides for the excess reinsurance liability of the insurance industry and the Federal Government. Specifies the lines of insurance for which reinsurance coverage must be provided. Establishes in the Treasury the Reinsurance Fund to carry out the excess loss reinsurance program. Credits to the Fund any reinsurance premiums received under the excess loss reinsurance program and amounts borrowed from the Treasury under this Act. Requires the Director, to the extent that the Reinsurance Fund is insufficient to pay claims and expenses, to issue to the Secretary of the Treasury obligations to cover the insufficiency.
United States · United States Congress · 2 April 1992
Elwha River Ecosystem and Fisheries Restoration Act - Directs the Secretary of the Interior to acquire title to the Elwha River Hydroelectric Project and the Glines Canyon Hydroelectric Project (the Projects), both in the State of Washington, including all rights and interests in the Projects and the electric power generated by the Projects held by the owner of the Projects and by the pulp and paper mill on Ediz Hook in Port Angeles, Washington (the mill). Grants consideration in the forms of: (1) deeming satisfied or assumed obligations and liabilities of the owner and the mill to the United States, including project removal and any ecosystem, fish and wildlife mitigation, or restoration obligations; and (2) the United States providing to the mill, through Port Angeles City Light, power to replace the power generated by the Projects. Authorizes the Projects to continue to operate under the terms and conditions of licenses and permits issued by the Federal Energy Regulatory Commission until title is transferred under this Act. Mandates a power exchange agreement between the Secretary and the Administrator of the Bonneville Power Administration. Regulates the power supplied to the mill, including price and a term of 40 years. Mandates interim and final operating plans for the Projects designed to promote the purposes of ecosystem, fisheries, and wildlife restoration, protection, and enhancement and the other purposes of this Act, with electric power production incidental and subordinate to the purposes of this Act and such production reduced or terminated as necessary to achieve the purposes of this Act. Establishes the Elwha River Ecosystem and Fisheries Restoration Task Force and requires it to prepare a comprehensive and multidisciplinary analysis of the most effective and reliable alternatives to carry out the purposes of this Act. Requires: (1) in carrying out construction, dam removal, fishery restoration, or monitoring under this Act, preference to the employment of members of the Lower Elwha Klallam Tribe; and (2) in carrying out the final plan, satisfaction of the requirements of the National Environmental Policy Act of 1969. Directs the Secretary to conduct an assessment of present conditions of the ecosystem, water quality, fisheries, and wildlife of the Elwha River Basin and to monitor and evaluate subsequent changes thereto associated with implementation of the final plan. Directs the Secretary, if the final plan requires removal of the Projects, to protect the continued availability of high quality water for users of Elwha River water. Makes the Secretary responsible, if removal is begun but, for budgetary reasons, is not completed, for all fishery mitigation and correction of water quality problems. Establishes the Elwha River National Fish Refuge, comprised of lands acquired by the United States under this Act that are located outside of the exterior boundaries of the Olympic National Park. Authorizes the Secretary to manage lands acquired by the United States under this Act, outside the Park, and not needed for the refuge for the benefit of the Tribe for housing, cultural, or economic development. Reduces any repayment obligations of the Administration to the United States by the value of replacement power supplied to the mill, less the amount of power delivered to the Administrator. Directs the Secretary to retain surplus Federal land on Ediz Hook, Washington, and authorizes the Secretary to transfer title to such lands to the Tribe for tribal economic development if the Tribe and the city of Port Angeles agree concerning development of the land. Authorizes appropriations to carry out this Act.
United States · United States Congress · 2 April 1992
Hate Crimes Sentencing Enhancement Act of 1992 - Amends the Federal judicial code to require the U.S. Sentencing Commission to: (1) promulgate or amend existing guidelines to provide for sentencing enhancements of not less than three offense levels for offenses that are hate crimes; and (2) ensure reasonable consistency with other guidelines, avoid duplicative punishments for substantially the same offenses, and take into account any mitigating circumstances that might justify exceptions.
United States · United States Congress · 24 March 1992
Rural Health Care Protection and Improvement Act of 1992 - Amends title XVIII of the Social Security Act to extend through March 31, 1995 (currently, 1993) special payments under part A of Medicare for the operating costs of inpatient services of small, rural Medicare-dependent hospitals. Amends the Omnibus Budget Reconciliation Act of 1987 to extend the rural health transition grant program through 1997 (currently, 1989). Amends the Public Health Service Act to authorize the Secretary of Health and Human Services to make grants to demonstrate the effectiveness of outreach to populations in rural areas that do not normally seek or have adequate access to health or mental health services. Sets forth provisions with respect to: (1) the mission of the outreach projects; and (2) the composition of the program. Authorizes appropriations.
United States · United States Congress · 24 March 1992
Appropriations Category Reform Act of 1992 - States that the Congress declares that it is essential that the Nation achieve savings in national defense beyond those agreed to in the budget summit agreement of 1990, reduce the deficit, and invest in areas of pressing domestic need that have been neglected since the 1980s. Amends the Congressional Budget Act of 1974 to revise the discretionary spending limit for FY 1993 by merging the defense and domestic categories into a national category. Makes conforming changes to the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act).
United States · United States Congress · 24 March 1992
Every Fifth Child Act - Makes appropriations for FY 1993, out of any money in the Treasury not otherwise appropriated, in specified amounts to begin a phase-in toward full funding of: (1) the special supplemental food program for women, infants, and children (WIC) under the Child Nutrition Act of 1966; (2) Head Start programs under the Head Start Act; and (3) the Job Corps program under the Job Training Partnership Act. Expresses the sense of the Congress that such programs should receive specified minimum levels of funding to allow: (1) the WIC program to be fully funded through FY 1996; (2) Head Start programs to be fully funded through FY 1998; and (3) the Job Corps to establish at least 50 additional centers and serve at least 50 percent more of low-income disadvantaged youth by the year 2000.
United States · United States Congress · 19 March 1992
Prohibits a veteran's participation in an approved program of rehabilitative services provided as part of such veteran's care furnished in a State home, or the receipt of compensation by the veteran for such participation, from being considered as a basis for the denial or discontinuance of a total disability rating for purposes of compensation or pension based on a veteran's inability to secure gainful employment as a result of a disability. Considers such payment as a donation from a public or private relief or welfare organization.