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Official portrait of Sen. Burdick, Quentin N. [D-ND]

Sen. Burdick, Quentin N. [D-ND]

United States · Official source

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  • · Senate · present
  • D · D · present

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Bill· SS. 3202 (102nd)referred

Farmer Owned Reserve Improvements Act of 1992

United States · United States Congress · 12 August 1992

Farmer Owned Reserve Improvements Act of 1992 - Amends the Agricultural Act of 1949 with regard to the farmer owned reserve program to authorize the Secretary of Agriculture to: (1) provide original price support loans for wheat and feed grains; (2) announce program conditions at any time; and (3) permit program entry as unforeseen market conditions warrant. Authorizes discretionary program exit for producers with original loans.

Bill· SS. 3167 (102nd)referred

Federal Crop Insurance Fairness Act

United States · United States Congress · 11 August 1992

Federal Crop Insurance Fairness Act - Amends the Federal Crop Insurance Act with respect to crop insurance yield coverage to: (1) base coverage on a producer's crop yields for a commodity over four-to-ten crop years; (2) establish a minimum yield coverage floor of not less than entry level coverage; (3) limit transitional yield data use to not more than four years; and (4) permit the use of previous yield or transitional yield data for new land. States that late planting coverage shall: (1) extend for up to 25 days after the final planting date; and (2) reduce yield guarantee by one percent per day for the first ten days and two percent per day for the next 15 days. Includes prevented planting coverage (with substitute crop option) as part of the basic crop insurance policy. Provides 50 percent coverage for a natural disaster-caused prevented planting. States that the insured producers shall not have their indemnity payment reduced because of a de minimis yield.

Resolution· SCONRESS.Con.Res. 133 (102nd)referred

A concurrent resolution concerning Israel's recent elections and the upcoming visit by Israeli Prime Minister Yitzhak Rabin to the United States.

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.

Bill· SS. 3118 (102nd)open

Indian Business Opportunities Enhancement Act

United States · United States Congress · 31 July 1992

Indian Business Opportunities Enhancement Act - Amends the Buy Indian Act to require Federal agencies administering funds appropriated for the benefit of Indians to provide a preference to Indian preference enterprises that provide the greatest economic impact on Indian reservations in the award of a grant or contract. Directs such agencies to require the recipient of such a contract or grant to provide training and employment preferences to Indians and preference to Indian preference enterprises in awarding any subcontracts or subgrants under the contract or grant. Requires the contracting agency to provide a weighted preference to enterprises that meet specified criteria. Credits an enterprise that bids on a contract with a deduction equal to two percent of its bid amount for each of three specified factors that the enterprise swears it will satisfy in carrying out the contract. Subjects enterprises which fail to satisfy any of the factors which they swore they would satisfy to a penalty of ten percent of the contract amount, subject to reduction under certain circumstances. Requires the contracting officer to refer the matter to the appropriate United States Attorney for a determination of whether prosecution for fraud is appropriate if the officer believes that the matter involves deliberate misrepresentation by the enterprise. Requires a prospective awardee to submit an Indian preference compliance plan that is acceptable to the contracting officer before receiving any contract award. Authorizes the Secretary of the Interior to utilize Indian preference in the award of grants or contracts that do not involve funds for the benefit of Indians if the Secretary believes the preference will help fulfill his or her responsibilities toward Indians. Specifies annual objectives for each agency within the Department of the Interior to contract with Indian preference enterprises. Provides that the preferences provided by this Act shall have priority over all other Federal procurement preferences. Specifies the applicability of the amendments made by this Act to the Buy Indian Act with respect to the awarding of: (1) grants and contracts under the Indian Self-Determination and Educational Assistance Act; and (2) contracts under the Small Business Act. Provides that this Act shall apply with respect to the Five Civilized Tribes and the members of the Osage Tribe. Sets forth special rules governing implementation of the preferences provided under this Act in the awarding of Federal agency contracts. Requires each Federal agency, to the greatest extent feasible, to advertise Indian preference contracts before performance under such contracts must begin to permit a subsequent open market advertisement of the contract if it cannot be awarded under such rules through limited competition to an Indian preference enterprise. Mandates Department of Interior contract set asides for small and tribally-owned businesses. Requires an Indian preference enterprise to provide an affidavit certifying that it meets the requirements to be certified as eligible for the preferences provided under this Act. Sets forth special rules governing Indian preference enterprise joint ventures. Establishes a mechanism for enterprises to certify themselves as eligible for the preferences provided under this Act. Allows: (1) Federal agencies to investigate an enterprise's eligibility for such preferences; and (2) specified parties to file protests challenging an enterprise's self-certification. Establishes within the Department of the Interior an Office of Indian Business Utilization as the principal Federal office responsible for overseeing the administration of this Act. Requires an agency to revoke the enterprise's certification if it is found to have falsely certified itself as eligible for the preferences provided under this Act. Provides for appeal of denials of certification as an Indian Preference enterprise. Authorizes Federal agencies and grantees to delegate to an Indian tribal government the responsibility for monitoring a contractor's compliance with the agency's Indian preference requirements, under certain conditions. Provides for penalties with respect to individuals who misrepresent their status or the status of an enterprise in order to obtain a preference under this Act. Requires the Secretary, through the Director of the Office of Indian Business Utilization, to establish an Indian Enterprise Bonding Demonstration Program to assist Indian enterprises in obtaining bonds from traditional surety companies. Provides that the Secretary may, at his or her discretion, waive provisions of the Miller Act with respect to a Federal agency contract awarded to an Indian preference enterprise, under certain circumstances. Requires each agency of the Department of the Interior that issues a contract or subcontract under this Act or specified other Acts authorizing Federal contracts with or grants to Indian organizations or for the benefit of Indians to comply with the requirements of the Prompt Payment Act. Requires the Secretary to provide an alternative dispute resolution procedure for use by Indian preference enterprises. Amends the Federal criminal code to establish criminal penalties for violations of this Act. Authorizes the Secretary to negotiate and enter into cooperative agreements with Indian tribes to engage in cooperative manpower and job training and development programs. Requires the Bureau of Indian Affairs and the Indian Health Service, in all matters connected with establishing or developing facilities to provide services or assistance to Indians, to give priority consideration to locating such facilities on Indian reservation lands. Provides that any employment opportunities at such facilities shall be subject to the employment preferences set forth by this Act. Requires the Secretary to make grants or enter into contracts with an eligible entity to establish and operate an Indian Enterprise Data Center to gather information on Indian preference enterprises. Requires the Center to provide an annual list of Indian enterprises eligible for various minority preferences to the Federal agencies that administer such preferences, and to private entities requesting such list.

Bill· SS. 3119 (102nd)open

USDA National Appeals Division Act of 1992

United States · United States Congress · 31 July 1992

USDA National Appeals Division Act of 1992 - Directs the Secretary of Agriculture (Secretary) to establish and maintain an independent National Appeals Division within the Office of the Secretary to hear appeals of adverse decisions made by certain agencies within the Department of Agriculture. Requires the Secretary to develop a subject-matter index of all significant final determinations and make such index available to the public. Requires the Secretary to provide an appellant with notice and opportunity for hearing. Sets forth administrative appeal provisions regarding: (1) informal hearings and appealable decisions; (2) access to materials; (3) hearings; (4) administrative appeal review; (5) judicial review; (6) implementation of final determinations; (7) employee evaluation; and (8) prohibition of adverse action during a pending appeal. Authorizes appropriations. Amends the Agricultural Credit Act of 1987 to increase the Federal assistance ceiling for State agricultural loan mediation programs.

Bill· SS. 3011 (102nd)referred

Midwest Dairy Equity Act

United States · United States Congress · 23 July 1992

Midwest Dairy Equity Act - Amends the Agricultural Adjustment Act, reenacted with amendments by the Agricultural Marketing Agreement Act of 1937, to establish: (1) a uniform class I milk price adjustment of $1.80 per hundredweight for all marketing areas; and (2) the minimum fluid beverage milk price at $13.20 per hundredweight. Directs the Secretary of Agriculture to: (1) study and report to the appropriate congressional committees on the desirability and effects of fortifying beverage milk with nonfat solids; and (2) establish manufacturing allowances of $1.37 per hundredweight of milk for butter and nonfat dry milk, and $1.52 per hundredweight for cheese.

Bill· SS. 3008 (102nd)open

Older Americans Act Amendments of 1992

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.

Bill· SS. 2970 (102nd)open

Cash Management Improvement Act Amendments of 1992

United States · United States Congress · 2 July 1992

Cash Management Improvement Act Amendments of 1992 - Amends the Cash Management Improvement Act of 1990 (the Act) to require the Secretary of the Treasury to prescribe regulations for the timely disbursement of Federal funds with respect to each State by July 1, 1993. Extends the deadline for the Secretary to enter into agreements with States for intergovernmental financing and to prescribe regulations for such financing from October 24, 1992, until July 1, 1993, or by the first day of a fiscal year of the State which begins in 1993, whichever is later. Makes the Act effective on such date. Extends for one year the report to the Congress by the Comptroller General on the implementation of such Act.

Bill· SS. 2969 (102nd)open

Religious Freedom Restoration Act of 1992

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.

Bill· SS. 2977 (102nd)referred

Indian Agricultural Resources Management Act of 1992

United States · United States Congress · 2 July 1992

Indian Agricultural Resources Management Act of 1992 - Title I: General Provisions - States that existing Federal laws do not sufficiently assure the adequate and necessary trust management of Indian rangelands and farmlands. Sets forth findings, purposes, and definitions. Title II: Rangeland and Farmland Enhancement - Directs the Secretary of the Interior to manage Indian rangelands and farmlands, using state-of-the-art technology, either directly or through cooperative agreements, self-determination contracts, and grants under the Indian Self-Determination and Education Assistance Act. Enumerates management conservation, agricultural production, agribusiness, leasing, and other objectives. Requires a reservation-by-reservation resource management planning program. Requires compliance with tribal laws pertaining to Indian agricultural lands. Establishes a task force to develop a comparative analysis of Federal investment and management efforts for Indian trust lands as compared to federally owned lands managed by other Federal agencies. Authorizes the Secretary to negotiate and lease highly fractionated undivided heirship lands to reduce idle acreage. Title III: Education in Agriculture and Natural Resource Management - Requires the establishment, in the Bureau of Indian Affairs or elsewhere, of at least 20 natural resources intern positions for Indians and Alaska Native students. Requires establishment of a cooperative education program for employment of Indian and Alaska Native students in Federal professional natural resource-related positions. Provides financial assistance under the program. Directs the creation of scholarships, outreach programs, postgraduate recruitment programs, education and training programs, and internships to attract and train Indians and Alaska Natives in careers in Indian natural resources management. Title IV: Authorization of Appropriations - Authorizes appropriations. Title V: Miscellaneous - Provides for regulations and severability of this Act. Prohibits construing this Act as diminishing or expanding U.S. trust responsibility.

Bill· SS. 2973 (102nd)referred

Women Veterans Health Programs Act of 1992

United States · United States Congress · 2 July 1992

Women Veterans Sexual Trauma Services Act of 1992 - Requires a woman veteran who is diagnosed by a Department of Veterans Affairs health professional to be in need of counseling or treatment for sexual trauma to be furnished such care and services by the Department. Authorizes the Secretary of Veterans Affairs to enter into contracts with appropriate non-Department facilities in order to furnish such care and services. Directs the Secretary to report to the Senate and House Veterans' Affairs Committees on the use of such contracting authority. Prohibits any such contracts after September 30, 1994. Directs the Secretary to commence the provision of information and referrals by means of a toll-free telephone number of such available care and services in both Department and non-Department facilities. Requires the telephone information system to be operated at all times, and by personnel trained in providing information and referrals to sexual trauma victims. Directs the Secretary to study and report to the Congress on the needs of women veterans for counseling, medical care, and other services for sexual trauma. Directs the Secretary to make a comprehensive report to the Congress on such care and services furnished by the Department. Directs the Secretary and the Secretary of Defense to carry out a program to ensure that women who are being separated from active duty are provided information on the counseling, medical care, and other services and assistance relating to sexual trauma that are available under programs carried out by the Department. Directs the Secretary to report to the Congress the Secretary's: (1) assessment of the difficulties women veterans encounter in obtaining Department determinations that medical conditions relating to sexual trauma are service-connected, as well as the extent to which Department personnel fail to make such determinations; and (2) recommendation of actions to be taken to respond to such difficulties and eliminate such failures.

Bill· SS. 2922 (102nd)open

A bill to assist the States in the enactment of legislation to address the criminal act of stalking other persons.

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.

Bill· SS. 2902 (102nd)open

Desalinization Research and Development Act of 1992

United States · United States Congress · 29 June 1992

Desalinization Research and Development Act of 1992 - Directs the Secretary of the Interior and the Secretary of the Army to conduct a basic research and development program to gain knowledge concerning the most efficient means by which usable water can be produced from saline water. Grants the Secretaries authority to design and construct desalinization facilities in cost-sharing cooperation with applying sponsors. Directs the President to instruct the Agency for International Development to sponsor an international desalinization conference to explore new technologies of affordable desalinization and propose a research agenda. Requires reports to the Congress and the President. Authorizes appropriations.

Bill· SS. 2899 (102nd)open

National Institutes of Health Revitalization Amendments of 1992

United States · United States Congress · 25 June 1992

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

Bill· SS. 2889 (102nd)referred

A bill to repeal section 5505 of title 38, United States Code.

United States · United States Congress · 24 June 1992

Repeals a Federal prohibition on the payment of compensation to a veteran who has neither spouse, child, nor dependent parent, who is rated by the Secretary of Veterans Affairs as being incompetent, and whose estate exceeds $25,000, until the estate's value is reduced to less than $10,000.

Bill· SS. 2870 (102nd)open

Legal Services Reauthorization Act of 1992

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.

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